Case 1:19-cv-01360-UNA Document 1 Filed 07/22/19 Page 1 of 10 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SYNKLOUD TECHNOLOGIES, LLC
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`HP INC.
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`Plaintiff,
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`v.
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`Defendant.
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`C.A. No.
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff SynKloud Technologies, LLC (“SynKloud” or “Plaintiff”), for its Complaint
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`against HP Inc. (“HP” or “Defendant”) alleges the following:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement of United States Patent Nos. 9,098,526
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`(“the ’526 Patent”) and 10,015,254 (“the ’254 Patent” and collectively with the ’526 Patent, the
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`“Patents-in-Suit”) arising under the Patent Laws of the United States, 35 U.S.C. § 1 et seq.,
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`seeking damages and other relief under 35 U.S.C. § 281 et seq.
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`THE PARTIES
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`2.
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`Plaintiff is a limited liability company organized under the laws of the State of
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`Delaware with a place of business at 124 Broadkill Road, Suite 415, Milton, DE 19968.
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`3.
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`On information and belief, Defendant is a corporation organized under the laws of
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`the State of Delaware with a place of business at 1501 Page Mill Road, Palo Alto, CA 94304.
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`The Delaware Division of Corporations identifies Defendant’s registered agent as the
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`Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801.
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`4.
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`On information and belief, Defendant sells and offers to sell products and services
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`throughout the United States, including in this District, and introduces products and services into
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`the stream of commerce and that incorporate infringing technology knowing that it would be sold
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`in this District and elsewhere in the United States.
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`5.
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`On information and belief, Defendant conducts a significant amount of business in
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`this District through online sales and advertisements directly to consumers and through product
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`sales by HP’s distributors and resellers.
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`JURISDICTION AND VENUE
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`6.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, Title 35 of the United States Code.
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`7.
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`8.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b), (c) and/or 1400(b).
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`On information and belief, Defendant has placed, and is continuing to place, infringing products
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`into the stream of commerce, via an established distribution channel, with the knowledge and/or
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`understanding that such products are sold in this District. Defendant, directly or through
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`intermediaries, conducts business in this District, and at least a portion of the acts of
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`infringement and claims alleged in this Complaint have taken place and are continuing to take
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`place in this District.
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`9.
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`On information and belief, this Court has personal jurisdiction over Defendant
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`because it is incorporated in Delaware and has purposefully availed itself of the privileges and
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`benefits of the laws of the State of Delaware. Further, Defendant is subject to this Court’s
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`general and specific personal jurisdiction because Defendant has sufficient minimum contacts
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`within the State of Delaware, pursuant to due process and/or the Delaware Long Arm Statute,
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`because Defendant purposefully availed itself of the privileges of conducting business in the
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`State of Delaware, and because Plaintiff’s causes of action arise directly from Defendant’s
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`business contacts and other activities in the State of Delaware, including regularly doing or
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`soliciting business and deriving substantial revenue from products and services provided to
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`individuals in this District. The exercise of jurisdiction over Defendant would not offend
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`traditional notions of fair play and substantial justice.
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`10.
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`Plaintiff is the owner of the Patents-in-Suit asserted in this action and has
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`the exclusive right to sue and collect remedies for past, present, and future infringement
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`of the patent.
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`COUNT 1
`INFRINGEMENT OF U.S. PATENT NO. 9,098,526
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`11. The allegations set forth in the foregoing paragraphs 1 through 10 are
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`incorporated by reference into this claim for relief.
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`12. On August 4, 2015, the ’526 Patent, entitled “Method and System for
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`Wireless Device Access to External Storage,” was duly and legally issued by the United
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`States Patent and Trademark Office. A true and correct copy of the ’526 Patent is
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`attached as Exhibit 1.
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`13. The ’526 Patent issued from United States Patent Application No.
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`14/150,106 (“the ’106 Application”), filed on January 8, 2014. The ’106 Application is a
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`Continuation of U.S. Patent Application No. 14/079,831, filed on November 14, 2013,
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`now U.S. Patent No. 8,868,690, which is a Continuation of U.S. Patent Application No.
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`10/726,897 filed on December 4, 2003, now U.S. Patent No. 8,606,880.
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`14.
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`Plaintiff is the assignee and owner of the right, title, and interest in and to the ’526
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`Patent, including the right to assert all causes of action arising under the ’526 Patent and the right
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`to any remedies for infringement of the ’526 Patent.
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`15. Defendant has infringed and continues to infringe the ’526 Patent under 35 U.S.C.
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`§ 271, literally or under the doctrine of equivalents, by making, using, selling, and/or offering for
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`sale in the United States, and/or importing into the United States, infringing products without
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`authorization (hereafter “Infringing Instrumentalities”). At a minimum, Infringing
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`Instrumentalities include all HP Laptops and 2-in-1s (e.g., Business, Premium, Gaming, Laptops,
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`ZBook Workstations, Convertibles and Detachables), Desktops (e.g., Business, Immersive,
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`Gaming, Towers, Z Workstations, All-in-Ones), and/or the HP Products identified in Exhibit 5
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`that use cloud services like Microsoft One Drive (“Cloud Services”). This includes products like
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`the HP 14” Laptop (“HP Laptop”) that use Cloud Services.
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`16. Defendant directly infringed and continues to directly infringe at least claim 11 of
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`the ’526 Patent by making, using, selling, offering to sell, importing and/or providing and
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`causing to be used the HP Laptop which satisfies, literally or under the doctrine of equivalents,
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`each and every claim limitation of claim 1 of the ’526 Patent. The correspondence between the
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`limitations of claim 1 of the ’526 Patent and the HP Laptop is shown in the claim chart attached
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`hereto as Exhibit 2. The claim chart is incorporated by reference as if set forth herein.
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`Additional details relating to the HP Laptop and their infringement are within the possession,
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`custody or control of Defendant.
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`1 Plaintiff reserves the right to identify additional asserted claims and accused products as
`this litigation proceeds. For example, Plaintiff expressly reserves the right to identify
`additional asserted claims and accused products in its infringement contentions to be served
`during the discovery process.
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`17. Defendant provides users with support material for the HP Laptop with
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`instructions about their use of Cloud Services that practice at least claim 1 of the ’526 Patent.
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`18. On information and belief, the identified structures and functionalities of the HP
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`Laptop shown in the claim chart are representative of the structure and functionality present in
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`all Infringing Instrumentalities including but not limited to HP families of products with the
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`following designations or trade names: EliteBook laptops, ZBook laptops, ProBook laptops,
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`Essential laptops, Spectre Folio, Omen laptops, Omen desktops, Pavilion laptop, ENVY laptop,
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`Chromebook, ZBook, Spectre laptop, ENVY towers, Pavilion desktops, Thin Client, ENVY
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`desktops, Slimline desktop, EliteDesk Workstation, Z Workstation, HP All-in-One, ENVY All-
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`in-One Desktop, Sprout Pro, All-in-One Zero Client, and/or the HP Products identified in Exhibit
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`5. On information and belief, any other product of HP that uses Cloud Services is also an
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`Infringing Instrumentality. Additional details relating to Infringing Instrumentalities and their
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`infringement are within the possession, custody or control of Defendant.
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`19.
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`Plaintiff offers this preliminary identification and description of infringement
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`without the benefit of discovery or claim construction in this action, and expressly reserves the
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`right to augment, supplement, and revise its identification and description of infringement based
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`on additional information obtained through discovery or otherwise.
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`20. On information and belief, Defendant had knowledge and became aware that its
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`products that use Cloud Services infringe the ’526 Patent prior to the filing of this Complaint.
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`By way of example, prior to the filing of this Complaint, HP received a letter from SynKloud in
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`June 2019 stating that the ’526 Patent was being practiced in cloud service-enabled products that
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`were being used, offered for sale and sold by HP. Discovery in this matter may reveal that
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`Defendant has induced others to infringe the ’526 Patent.
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`21. Defendant had pre-suit knowledge that it was using the ‘526 Patent and has
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`knowingly made, used, offered to sell, sold, and/or imported into the United States the Infringing
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`Instrumentalities that infringed and continue to infringe the ‘526 Patent under 35 U.S.C. § 271.
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`Because Defendant did so with such knowledge of the ‘526 Patent, Defendant is liable for willful
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`infringement
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`22. Defendant’s acts of infringement have caused damage to Plaintiff, and Plaintiff is
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`entitled to recover from Defendant the damages it has sustained as a result of Defendant’s
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`wrongful acts in an amount subject to proof at trial.
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`COUNT 2
`INFRINGEMENT OF U.S. PATENT NO. 10,015,254
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`23. The allegations set forth in the foregoing paragraphs 1 through 10 are
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`incorporated by reference into this claim for relief.
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`24. On July 3, 2018, the ’254 Patent, entitled “System and Method for
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`Wireless Device Access to External Storage,” was duly and legally issued by the United
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`States Patent and Trademark Office. A true and correct copy of the ’254 Patent is
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`attached as Exhibit 3.
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`25. The ’254 Patent issued from United States Patent Application No.
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`14/977,509 (“the ’509 Application”), filed on December 21, 2015. The ’509 Application
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`is a Continuation of U.S. Patent Application No. 14/036,744, filed on September 25,
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`2013, now U.S. Patent No. 9,239,686, which is a Continuation of U.S. Patent Application
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`No. 10/726,897, filed on December 4, 2003, now U.S. Patent No. 8,606,880.
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`26.
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`Plaintiff is the assignee and owner of the right, title, and interest in and to the ’254
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`Patent, including the right to assert all causes of action arising under the ’254 Patent and the right
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`to any remedies for infringement of the ’254 Patent.
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`27. Defendant has infringed and continues to infringe the ’254 Patent under 35 U.S.C.
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`§ 271, literally or under the doctrine of equivalents, by making, using, selling, and/or offering for
`
`sale in the United States, and/or importing into the United States, infringing products without
`
`authorization (hereafter “Infringing Instrumentalities”). At a minimum, Infringing
`
`Instrumentalities include all HP Laptops and 2-in-1s (e.g., Business, Premium, Gaming, Laptops,
`
`ZBook Workstations, Convertibles and Detachables), Desktops (e.g., Business, Immersive,
`
`Gaming, Towers, Z Workstations, All-in-Ones), and/or the HP Products identified in Exhibit 5
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`that use Cloud Services. This includes products like the HP Laptop that use Cloud Services.
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`28. Defendant directly infringed and continues to directly infringe at least claim 12 of
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`the ’254 Patent by making, using, selling, offering to sell, importing and/or providing and
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`causing to be used the HP Laptop which satisfies, literally or under the doctrine of equivalents,
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`each and every claim limitation of claim 1 of the ’254 Patent. The correspondence between the
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`limitations of claim 1 of the ’254 Patent and the HP Laptop is shown in the claim chart attached
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`hereto as Exhibit 4. The claim chart is incorporated by reference as if set forth herein.
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`Additional details relating to the HP Laptop and their infringement are within the possession,
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`custody or control of Defendant.
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`29. Defendant provides users with support material for the HP Laptop with
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`instructions about their use of Cloud Services that practice at least claim 1 of the ’254 Patent.
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`30. On information and belief, the identified structures and functionalities of the HP
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`Laptop shown in the claim chart are representative of the structure and functionality present in
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`2 Plaintiff reserves the right to identify additional asserted claims and accused products as
`this litigation proceeds. For example, Plaintiff expressly reserves the right to identify
`additional asserted claims and accused products in its infringement contentions to be served
`during the discovery process.
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`all Infringing Instrumentalities including but not limited to HP families of products with the
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`following designations or trade names: EliteBook laptops, ZBook laptops, ProBook laptops,
`
`Essential laptops, Spectre Folio, Omen laptops, Omen desktops, Pavilion laptop, ENVY laptop,
`
`Chromebook, ZBook, Spectre laptop, ENVY towers, Pavilion desktops, Thin Client, ENVY
`
`desktops, Slimline desktop, EliteDesk Workstation, Z Workstation, HP All-in-One, ENVY All-
`
`in-One Desktop, Sprout Pro, All-in-One Zero Client, and/or the HP Products identified in Exhibit
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`5. On information and belief, any other product of HP that uses Cloud Services is also an
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`Infringing Instrumentality. Additional details relating to Infringing Instrumentalities and their
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`infringement are within the possession, custody or control of Defendant.
`
`31.
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`Plaintiff offers this preliminary identification and description of infringement
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`without the benefit of discovery or claim construction in this action, and expressly reserves the
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`right to augment, supplement, and revise its identification and description of infringement based
`
`on additional information obtained through discovery or otherwise.
`
`32. On information and belief, Defendant had knowledge and became aware that its
`
`products that use Cloud Services infringe the ’254 Patent prior to the filing of this Complaint.
`
`By way of example, prior to the filing of this Complaint, HP received a letter from SynKloud in
`
`June 2019 stating that the ’254 Patent was being practiced in cloud service-enabled products that
`
`were being used, offered for sale and sold by HP. Discovery in this matter may reveal that
`
`Defendant has induced others to infringe the ’254 Patent.
`
`33. Defendant had pre-suit knowledge that it was using the ‘254 Patent and has
`
`knowingly made, used, offered to sell, sold, and/or imported into the United States the Infringing
`
`Instrumentalities that infringed and continue to infringe the ‘254 Patent under 35 U.S.C. § 271.
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`Because Defendant did so with such knowledge of the ‘254 Patent, Defendant is liable for willful
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`infringement
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`34. Defendant’s acts of infringement have caused damage to Plaintiff, and Plaintiff is
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`entitled to recover from Defendant the damages it has sustained as a result of Defendant’s
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`wrongful acts in an amount subject to proof at trial.
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`JURY DEMAND
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`35.
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`Plaintiff requests a jury trial of all issues in this action so triable.
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`WHEREFORE, Plaintiff prays for judgment as follows:
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`PRAYER FOR RELIEF
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`A.
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`B.
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`Declaring that Defendant has infringed the Patents-in-Suit.
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`Awarding damages arising out of Defendant’s infringement of the Patents-
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`in-Suit to SynKloud, including enhanced damages pursuant to 35 U.S.C. § 284, together
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`with prejudgment and post-judgment interest, in an amount according to proof.
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`C.
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`Awarding attorneys’ fees to SynKloud pursuant to 35 U.S.C. § 285 or as
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`otherwise permitted by law.
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`D.
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`Awarding such other costs and further relied as the Court may deem just
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`and proper.
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`DATED: July 22, 2019
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`OF COUNSEL:
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`Daniel S. Carlineo, Esq.
`(pro hac vice motion to be filed)
`Nelson M. Kee, Esq.
`(pro hac vice motion to be filed)
`CARLINEO KEE, PLLC
`1517 17th Street, NW; 3rd Floor
`Washington, DC 20036
`Telephone: (202) 780-6109
`dcarlineo@ck-iplaw.com
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`KLEHR HARRISON
`HARVEY BRANZBURG LLP
`
`/s/ Sean M. Brennecke
`David S. Eagle (#3387)
`Sean M. Brennecke (#4686)
`919 Market Street, Suite 1000
`Wilmington, Delaware 19801
`Telephone: (302) 552-5518
`Facsimile: (302) 426-9193
`deagle@klehr.com
`sbrennecke@klehr.com
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`Attorneys for Plaintiff
`SynKloud Technologies, LLC
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