`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SOLAS OLED LTD.,
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`Plaintiff,
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`Case No.
`
`v.
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`JURY TRIAL DEMANDED
`
`MOTOROLA MOBILITY LLC,
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`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`MOTOROLA MOBILITY LLC
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. §1 et seq., in which Plaintiff Solas OLED Ltd. (“Plaintiff” or “Solas”)
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`makes the following allegations against Defendant Motorola Mobility LLC (“Motorola” or
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`“Defendant”):
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`INTRODUCTION
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`1.
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`This complaint arises from Motorola’s unlawful infringement of the following
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`United States patents owned by Solas, each of which generally relate to touchscreen technology:
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`United States Patent Nos. 7,573,068 (“’068 Patent”) and 7,868,880 (“’880 Patent”) (collectively,
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`the “Asserted Patents”).
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`2.
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`OLED displays are revolutionizing electronic devices today. Devices using OLED
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`displays enhance a user’s viewing experience by allowing for the visual depiction of perfect blacks
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`as well as colors with high contrast––without distortion. OLED displays naturally emit light and
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`have the ability to turn off completely. Due to OLED display’s inherent design, devices are thinner,
`
`1
`
`LG Display
`Exhibit 1024
`LG Display v. Solas
`IPR2020-01238
`
`6:20-cv-842
`
`Ex. 1024-001
`
`
`
`
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`lighter, and more flexible than ever before. This is because OLED displays use fewer components.
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`OLED displays are the trendiest and best displays available on the market today.
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`3.
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`But just a few decades ago, OLED display technology was in its infancy. OLED
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`displays have since undergone significant improvements to enhance the user experience for
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`consumers throughout the world.
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`4.
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`Due to the vision of the companies who developed and those who improved on
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`OLED display technology, this technology has enjoyed rapid developments and improvements.
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`Research and development engineers have logged hours and hours of work to push this technology
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`to the forefront of the display market today. Improvements to this technology can be highly
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`technical, for example, they can relate to improved designs to the operation of drive control to
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`improved designs of transistor array substrates. These advancements to the various aspects of the
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`technology—each building a little on a related advancement before it—get us to the highly
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`advanced state we enjoy today.
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`5.
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`These achievements range from designing the fundamental building blocks, which
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`enable the operation of OLED display technology, to designing critical enhancements, which
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`improves important aspects of the user experience and functionality of the OLED display. This
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`infringement action is about the latter: patented improvements—which took years of research and
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`millions of dollars in investments to develop, and which are infringed by Motorola’s Accused
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`Products here.
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`PARTIES
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`6.
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`Plaintiff Solas Ltd. is an Irish company, having its principal place of business at
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`Suite 23, The Hyde Building, Carrickmines, Dublin 18, Ireland. Solas is the sole owner by
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`assignment of all right, title, and interest in each Asserted Patent.
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`
`
`2
`
`Ex. 1024-002
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`
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`
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`7.
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`On information and belief, Defendant Motorola Mobility LLC is a Delaware
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`limited liability company, with its principal place of business at 222 W. Merchandise Mark Plaza
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`Suite 1800, Chicago, Illinois 60654.
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`JURISDICTION AND VENUE
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`8.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`9.
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`This Court has personal jurisdiction over Motorola in this action because Motorola
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`has committed acts within this District giving rise to this action, and has established minimum
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`contacts with this forum such that the exercise of jurisdiction over Motorola would not offend
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`traditional notions of fair play and substantial justice. Motorola, directly and through subsidiaries
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`or intermediaries, has committed and continues to commit acts of infringement in this District by,
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`among other things, importing, offering to sell, and selling products that infringe the asserted
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`patents.
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`10.
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`Venue is proper in this District under 28 U.S.C. § 1400(b). Motorola is registered
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`to do business in Texas, and upon information and belief, Motorola has transacted business in this
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`District and has committed acts of direct and indirect infringement in this District by, among other
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`things, making, using, offering to sell, selling, and importing products that infringe the Asserted
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`Patents. On information and belief, Motorola has regular and established places of business in the
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`District, including service centers in Austin and Waco, Texas. See Exhibits 1-2. On information
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`and belief, these service centers are dedicated to the service and support of Motorola products,
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`including the Accused Products.
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`COUNT I
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`
`
`3
`
`Ex. 1024-003
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`
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`
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`INFRINGEMENT OF U.S. PATENT NO. 7,573,068
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`11.
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`Solas realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`12.
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`Solas owns by assignment all rights, title, and interest in U.S. Patent No. 7,573,068
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`(the “’068 Patent”), entitled “Transistor Array Substrate and Display Panel.” The ’068 Patent was
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`duly and legally issued by the United States Patent and Trademark Office on August 11, 2009. A
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`true and correct copy of the ’068 Patent is attached as Exhibit 3.
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`13.
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`On information and belief, Motorola makes, uses, offers for sale, sells, and/or
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`imports certain products (“Accused Products”), including Edge, Edge+, RAZR, RAZR2, One
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`Zoom, Moto z4, Moto z3 OLED smartphones, that directly infringe, literally and/or under the
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`doctrine of equivalents, at least claims 13-17 of the ’068 Patent.
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`14. Motorola also knowingly and intentionally induces infringement of at least claims
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`13-17 of the ’068 Patent in violation of 35 U.S.C. §271(b). Through the filing and service of this
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`Complaint, Motorola has had knowledge of the ’068 Patent and the infringing nature of the
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`Accused Products. Despite this knowledge of the ’068 Patent, Motorola continues to actively
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`encourage and instruct its customers and end users (for example, through user manuals and online
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`instruction materials on its website) to use the Accused Products in ways that directly infringe
`
`the ’068 Patent. Motorola does so knowing and intending that its customers and end users will
`
`commit these infringing acts. Motorola also continues to make, use, offer for sale, sell, and/or
`
`import the Accused Products, despite its knowledge of the ’068 Patent, thereby specifically
`
`intending for and inducing its customers to infringe the ’068 Patent through the customers’ normal
`
`and customary use of the Accused Products.
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`15.
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`The Accused Products satisfy all claim limitations of at least claims 13-17 of
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`
`
`4
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`Ex. 1024-004
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`
`
`
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`the ’068 Patent. A claim chart comparing independent claim 13 of the ’068 Patent to a
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`representative Accused Product, Motorola Edge, is attached as Exhibit 4.
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`16.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Motorola has injured Solas and is liable for infringement of the ’068 Patent
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`pursuant to 35 U.S.C. §271.
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`17.
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`As a result of Motorola’s infringement of the ’068 Patent, Solas is entitled to
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`monetary damages in an amount adequate to compensate for Motorola’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Motorola, together with
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`interest and costs as fixed by the Court.
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`18. Motorola’s infringing activities have injured and will continue to injure Solas,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’068 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 7,868,880
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`19.
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`Solas realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`20.
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`Solas owns by assignment all rights, title, and interest in U.S. Patent No. 7,868,880
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`(the “’880 Patent”), entitled “Display Apparatus and Drive Control Method Thereof.” The ’880
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`Patent was duly and legally issued by the United States Patent and Trademark Office on January
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`11, 2011. A true and correct copy of the ’880 Patent is attached as Exhibit 5.
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`21.
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`On information and belief, Motorola makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), including Edge, Edge+, RAZR, RAZR2, One
`
`
`
`5
`
`Ex. 1024-005
`
`
`
`
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`Zoom, Moto z4, Moto z3 OLED smartphones, that directly infringe, literally and/or under the
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`doctrine of equivalents, at least claims 2-40 of the ’880 Patent.
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`22. Motorola also knowingly and intentionally induces infringement of at least claims
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`2-40 of the ’880 Patent in violation of 35 U.S.C. §271(b). Through the filing and service of this
`
`Complaint, Motorola has had knowledge of the ’880 Patent and the infringing nature of the
`
`Accused Products. Despite this knowledge of the ’880 Patent, Motorola continues to actively
`
`encourage and instruct its customers and end users (for example, through user manuals and online
`
`instruction materials on its website) to use the Accused Products in ways that directly infringe
`
`the ’880 Patent. Motorola does so knowing and intending that its customers and end users will
`
`commit these infringing acts. Motorola also continues to make, use, offer for sale, sell, and/or
`
`import the Accused Products, despite its knowledge of the ’880 Patent, thereby specifically
`
`intending for and inducing its customers to infringe the ’880 Patent through the customers’ normal
`
`and customary use of the Accused Products.
`
`23.
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`The Accused Products satisfy all claim limitations of at least claims 2-40 of the ’880
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`Patent. A claim chart comparing independent claims 2, 3, and 25 of the ’880 Patent to a
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`representative Accused Product, the Motorola Edge, is attached as Exhibit 6.
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`24.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Motorola has injured Solas and is liable for infringement of the ’880 Patent
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`pursuant to 35 U.S.C. §271.
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`25.
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`As a result of Motorola’s infringement of the ’880 Patent, Solas is entitled to
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`monetary damages in an amount adequate to compensate for Motorola’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Motorola, together with
`
`interest and costs as fixed by the Court.
`
`
`
`6
`
`Ex. 1024-006
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`
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`
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`26. Motorola’s infringing activities have injured and will continue to injure Solas,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’880 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
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`PRAYER FOR RELIEF
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`WHEREFORE, Solas respectfully requests that this Court enter:
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`a.
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`A judgment in favor of Solas that Motorola has infringed, either literally and/or
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`under the doctrine of equivalents, the ’068 Patent and the ’880 Patent;
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`b.
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`A permanent injunction prohibiting Motorola from further acts of infringement of
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`the ’068 Patent and the ’880 Patent;
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`c.
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`A judgment and order requiring Motorola to pay Solas its damages, costs, expenses,
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`and pre-judgment and post-judgment interest for Motorola’s infringement of the ’068 Patent and
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`the ’880 Patent; and
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`d.
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`A judgment and order requiring Motorola to provide an accounting and to pay
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`supplemental damages to Solas, including without limitation, pre-judgment and post-judgment
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`interest;
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`e.
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`A judgment and order finding that this is an exceptional case within the meaning
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`of 35 U.S.C. § 285 and awarding to Solas its reasonable attorneys’ fees against Motorola; and
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`f.
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`Any and all other relief as the Court may deem appropriate and just under the
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`circumstances.
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`DEMAND FOR JURY TRIAL
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`Solas, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any
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`issues so triable by right.
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`
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`7
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`Ex. 1024-007
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`
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`Dated: September 15, 2020
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`Respectfully submitted,
`
`
`By: /s/ Reza Mirzaie
`Reza Mirzaie (CA SBN 246953)
`Paul A. Kroeger (CA SBN 229074)
`Philip X. Wang (CA SBN 262239)
`Kent N. Shum (CA SBN 259189)
`Jonathan Ma (CA SBN 312773)
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., Ste. 1200
`Los Angeles, CA 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`Email: rmirzaie@raklaw.com
`pkroeger@raklaw.com
`pwang@raklaw.com
`kshum@raklaw.com
`jma@raklaw.com
`
`Attorneys for Plaintiff Solas OLED Ltd.
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`8
`
`Ex. 1024-008
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`