Case 4:20-cv-02624 Document 1 Filed on 07/27/20 in TXSD Page 1 of 50
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`Case No. 4:20-cv-2624
`
`Jury Trial Requested
`
`§§§§§§§§§§§§§
`
`GUI GLOBAL PRODUCTS, LTD.
`D/B/A GWEE
`
`Plaintiff,
`
`vs.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG TELECOMMUNICATIONS
`AMERICA, LLC, AND SAMSUNG
`ELECTRONICS AMERICA, INC.
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff GUI Global Products, Ltd. d/b/a Gwee (“Gwee” or “Plaintiff”) hereby submits
`
`this Complaint for patent infringement against Defendants Samsung Electronics Co., Ltd.,
`
`Samsung Telecommunications America, LLC, and Samsung Electronics America, Inc.
`
`(collectively “Samsung” or “Defendants”), and states as follows:
`
`INTRODUCTION
`
`1.
`
`This is a patent infringement case in which Gwee seeks compensation for
`
`Samsung’s infringement of Gwee’s U.S. Patent Nos. 10,589,320; 10,562,077; 10,259,021 and
`
`10,259,020 (collectively the “patents-in-suit”).
`
`2.
`
`Gwee and the Gwee® line of touchscreen, earbuds, optical microfiber cleaning
`
`products, exercise devices, and medical products are at least primarily the brainchild of inventor
`
`Walter G. Mayfield of Houston, Texas. Mr. Mayfield is the manager of GUI Global Management,
`
`LLC, which is the Managing General Partner of GUI Global Products, Ltd.
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`1
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`APPLE 1101
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`3.
`
`After many weekends spent in his garage and kitchen developing prototypes, Mr.
`
`Mayfield decided that a business could be created from some of his innovative products. He then
`
`explored the commercialization of a new line of cleaning and switching products for touch screen
`
`devices and earbuds including with a magnetic cord manager that offered convenience, portability
`
`and performance. With the addition of entrepreneur and former business owner, Dan Valdez, Gwee
`
`was founded. Mr. Valdez served as President of Gwee and is a co-inventor on the patents-in-suit.
`
`Since its founding, Gwee has developed an even more robust portfolio of innovative products
`
`including an exercise device through its subsidiary GweeGym, LLC and a patented liquid
`
`indicating medical bandage through its subsidiary Dry See, Inc. Brand names of some of Gwee’s
`
`products, including through its subsidiaries, include Sport Guppy™, Gwee Button™, Gwee
`
`Keyring™, Gwee Leaf™, Gwee Racer™, Gwee Racercase™, Gwee Budz™, Gwee Button
`
`Dock™, Gwee Gym™, and Dry See®.
`
`4.
`
`Mr. Mayfield and Mr. Valdez combined their inventive efforts to create and refine
`
`a portfolio of Gwee products, continued to build the company, and began to implement the go-to
`
`market strategy. With the hard work of Mr. Mayfield, Mr. Valdez and others, Gwee affirmed its
`
`place in the market.
`
`5.
`
`Mr. Mayfield and Mr. Valdez are not only entrepreneurs and successful
`
`businessmen, they are also successful inventors. Mr. Mayfield is a named inventor on fifteen
`
`United States patents, including ten patents in which Mr. Valdez and Mr. Mayfield are co-
`
`inventors. These ten patents include the four patents-in-suit.
`
`6.
`
`The Samsung products that infringe the patents-in-suit are the various iterations of
`
`Galaxy Buds and Galaxy Buds Plus products (hereinafter collectively referred to as “Galaxy Buds”
`
`or the “Samsung Infringing Products.”).
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`THE PATENTS-IN-SUIT
`
`7.
`
`Gwee is the owner of all right, title and interest in the patents-in-suit, including the
`
`right to sue for past, present and future infringement thereof and to collect damages for any such
`
`past, present or future infringement. The inventions disclosed and claimed in the patents-in-suit
`
`provide numerous benefits over any prior existing systems comprising magnetic portable
`
`switching devices.
`
`8.
`
`The matters described and claimed by U.S. Patent No. 10,589,320 generally include
`
`systems comprising a portable switching device selectively and magnetically coupled to a portable
`
`electronic device; wherein the electronic device comprises a circuit responsive to the switching
`
`device; the electronic device comprises at least one of beveled edges, ridges, recessed areas,
`
`grooves, slots, indented shapes, bumps, and raised shapes, which are configured to correspond to
`
`complementary surface elements on the switching device; wherein the portable switching device
`
`is configured to activate, deactivate, or send into hibernation the portable electronic device;
`
`wherein the electronic device plays or pauses a remote device; wherein the switching device
`
`includes a lid and hinge; wherein the lid is recessed to configure to the electronic device; and
`
`wherein the case of the switching device, including its hinged lid, protects the electronic device.
`
`A more specific description of the matters claimed by this patent is detailed below.
`
`9.
`
`The matters described and claimed by U.S. Patent No. 10,562,077 generally include
`
`systems comprising a portable switching device selectively and magnetically coupled to a portable
`
`electronic device; wherein the electronic device comprises a circuit responsive to the switching
`
`device; the electronic device comprises at least of beveled edges, ridges, recessed areas, grooves,
`
`slots, indented shapes, bumps and raised shapes, which are configured to correspond to
`
`3
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`complementary surface elements on the switching device; wherein the portable switching device
`
`is configured to activate, deactivate, or send into hibernation the portable electronic device;
`
`wherein the electronic device plays, pauses and/or controls the volume of a remote device; wherein
`
`the switching device includes a lid and hinge; wherein the lid is recessed to configure to the
`
`electronic device; and wherein the case of the switching device, including its hinged lid, protects
`
`the electronic device. A more specific description of the matters claimed by this patent is detailed
`
`below.
`
`10.
`
`The matters described and claimed by U.S. Patent No. 10,259,021 generally include
`
`systems comprising a portable switching device magnetically and selectively coupled to a portable
`
`electronic device; wherein the electronic device comprises an electronic circuit that is responsive
`
`to the switching device; the electronic device comprises at least one of beveled edges, ridges,
`
`recessed areas, grooves, slots, indented shapes, bumps, and raised shapes, which are configured to
`
`correspond to complementary surface elements on the switching device; wherein the portable
`
`switching device is configured to activate, deactivate or send into hibernation the portable
`
`electronic device; and wherein the case of the switching device functions protects the electronic
`
`device. A more specific description of the matters claimed by this patent is detailed below.
`
`11.
`
`The matters described and claimed by U.S. Patent No. 10,259,020 generally include
`
`systems comprising a portable switching device coupled to a portable electronic device; wherein:
`
`the switching device and the electronic device are configured to selectively couple to each other
`
`employing magnetic force from a first magnet disposed within the switching device; the switching
`
`device comprises a first case; the electronic device comprises a second case and an electronic
`
`circuit that is responsive to the switching device; the electronic device comprises at least one of
`
`beveled edges, ridges, recessed areas, grooves, slots, indented shapes, bumps and raised shapes
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`which are configured to correspond to complementary surface elements on the switching device;
`
`the portable switching device is configured to activate, deactivate or send into hibernation the
`
`portable electronic device; and wherein the case of the electronic device protects the switching
`
`device. A more specific description of the matters claimed by this patent is detailed below.
`
`THE PARTIES
`
`12.
`
`Gwee is a Texas limited partnership having its place of business at 1819 St. James
`
`Place in Houston, Texas.
`
`13.
`
`Samsung Electronics Co., Ltd. (referred to individually herein as “SEC”) is a
`
`Korean corporation with its principal offices at 416 Maetan-3dong, Yeongtong-gu, Suwon-City,
`
`Gyeonggi-do, 443-742, South Korea. On information and belief, SEC designs, manufactures, and
`
`provides to the U.S. and world markets a wide range of products, including Galaxy Buds.
`
`14.
`
`Samsung Telecommunications America, LLC (referred to individually herein as
`
`“STA”) is a Delaware limited liability company with its principal place of business at 1301 East
`
`Lookout Drive, Richardson, Texas 75082, with a registered agent at 211 E. 7th Street, Suite 620,
`
`Austin, Texas 78701.
`
`15.
`
`Samsung Electronics America, Inc. (referred to individually herein as “SEA”) is a
`
`New York corporation, having its principal place of business at 105 Challenger Road, Ridgefield
`
`Park, New Jersey 07660, and with a registered agent at 1999 Bryan Street, Suite 900, Dallas, Texas
`
`75201. SEA is a wholly owned subsidiary of SEC. On information and belief, effective January
`
`1, 2015, SEA merged with STA.
`
`16.
`
`Hereinafter, SEC, STA and SEA are collectively referred to as “Samsung.”
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`JURISDICTION AND VENUE
`
`17.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 101 et
`
`seq.
`
`18.
`
`This Court has personal jurisdiction over Samsung, including because it has
`
`committed acts within this State giving rise to this action and which have established minimum
`
`contacts with this forum such that the exercise of jurisdiction over Samsung, including to the fullest
`
`extent of the Texas Long Arm Statute, would not offend traditional notions of fair play and
`
`substantial justice. Without limitation, Gwee’s claims of infringement, including as set forth
`
`herein, arise in part out of Samsung’s infringing uses, sales and offers for sale of the Samsung
`
`Infringing Products occurring in the State of Texas. Further, Samsung places infringing products
`
`into the stream of commerce, with the knowledge or understanding that such products are sold in
`
`the State of Texas, including in this District. The acts by Samsung cause injury to Gwee within
`
`this District. Further, upon information and belief, Samsung derives substantial revenue from the
`
`sale of infringing products within this District, expects its actions to have consequences within this
`
`District, and derives substantial revenue from interstate and international commerce. Further,
`
`Samsung has significant facilities and operations within the State of Texas.
`
`19.
`
`Venue is proper in this District, including because Samsung has a regular and
`
`established place of business in Houston, Texas, namely its Samsung Experience Store in the
`
`Houston Galleria, including where the Samsung Infringing Products are at least sold and offered
`
`for sale. Samsung’s acts of direct infringement include making, using, selling, offering for sale
`
`and importing the Samsung Infringing Products, with at least some of such use and sales efforts
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`by Samsung occurring in Houston. Further, SEC is a foreign corporation for which venue is proper
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`at least under 28 U.S.C. § 1391(c)(3).
`
`COUNT I – INFRINGMENT OF U.S. PATENT NO. 10,589,320
`
`20.
`
`The application for U.S. Patent No. 10,589,320 (the “‘320 patent”) was filed on
`
`November 27, 2019 . The patent issued on March 17, 2020. The ‘320 patent claims priority to
`
`non-provisional and provisional filings dated as far back as August 5, 2011.
`
`21.
`
`Claim 1 of the ‘320 patent covers a system comprising “a portable switching device
`
`coupled to a portable electronic device; wherein: the switching device and the electronic device
`
`are configured to selectively couple to each other employing magnetic force; the switching device
`
`comprises a first case; the electronic device comprises a second case and an electronic circuit that
`
`is responsive to the switching device; a first magnet is fully disposed within the electronic device;
`
`the electronic device comprises at least one element selected from the group consisting of beveled
`
`edges, ridges, recessed areas, grooves, slots, indented shapes, bumps, raised shapes, and
`
`combinations thereof; configured to correspond to complementary surface elements on the
`
`switching device; wherein the second case is decoupled from the first case by overcoming
`
`magnetic force the portable switching device is configured to activate, deactivate, or send into
`
`hibernation the portable electronic device; the electronic device plays or pauses a remote device;
`
`the switching device includes a lid and hinge attaching the lid to the switching device; the lid is
`
`recessed to configure to the electronic device; and when coupled, the first case functions to protect
`
`the second case.”
`
`22.
`
`The Samsung Infringing Products comprise a portable switching device coupled to
`
`a portable electronic device, for example, a Galaxy Buds charging case functions as a portable
`
`switching device and Galaxy Buds earbuds are portable electronic devices. Said cases and earbuds
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`are coupled to each other, including at least magnetically. For example, when Galaxy Buds
`
`earbuds are placed into the Galaxy Buds charging case, they securely snap into place magnetically.
`
`Further, if a Galaxy Buds charging case is opened and turned upside down, the Galaxy Buds
`
`earbuds are held into place magnetically and will not fall from the case. For example:
`
`23.
`
`On information and belief, such coupling comprises the magnets generally marked
`
`by the beads depicted below:
`
`24.
`
`The Samsung Infringing Products comprise the switching device (here the charging
`
`case) and the electronic device (here the earbud(s)) being configured to selectively couple to each
`
`other through a magnetic force, as noted in the above images.
`
`25.
`
`The Samsung Infringing Products comprise both the switching device and the
`
`electronic device each comprising a plastic outer case, for example in white, yellow, silver, or
`
`black, including as noted with the black outer case above.
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`26.
`
`The Samsung Infringing Products comprise the electronic device comprising an
`
`electronic circuit that is responsive to the switching device. For example, when the Galaxy Buds
`
`charging case is opened/closed and the earbuds are located inside the case, the Bluetooth
`
`communications capability of the earbuds is activated/deactivated, including as noted below:
`
`27.
`
`The electronic device of the Samsung Infringing Products comprises a first magnet
`
`that is fully disposed within the electronic device, for example as marked by beads below:
`
`28.
`
`The electronic device of the Samsung Infringing Products comprises at least one
`
`element selected from the group consisting of beveled edges, ridges, bumps, raised shapes, and
`
`combinations thereof, for example:
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`29.
`
`The electronic device of the Samsung Infringing Products is configured to
`
`correspond to complementary surface elements on the switching device. For example, the Galaxy
`
`Buds charging case and Galaxy Buds earbuds are configured to fit together when the earbuds are
`
`placed into the case. For example:
`
`30. With the Samsung Infringing Products, the second case of the Galaxy Buds earbud
`
`is decoupled from the first case of the Galaxy Buds charging case by overcoming the magnetic
`
`force of the complementary magnets located within the case. Such magnets are already noted
`
`above.
`
`31.
`
`The switching device of the Samsung Infringing Products is configured to activate,
`
`deactivate or send into hibernation the portable electronic device. For example, when the Galaxy
`
`Buds charging case is closed and an earbud is located within the case, it deactivates and/or
`
`hibernates the Galaxy Buds earbud, including by sending a signal that causes the earbud to cease
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`or stop Bluetooth communication; and when the Galaxy Buds charging case is opened, it activates
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`the Galaxy Buds earbud, including by sending a signal that causes its Bluetooth communications
`
`to commence.
`
`32.
`
`The electronic device of the Samsung Infringing Products plays or pauses a remote
`
`device, for example the electronic device of the Samsung Infringing Product pause a music player
`
`on a Bluetooth connected cellular phone (e.g., a Samsung phone), for example, via actions such as
`
`removing the earbuds from the ears to pause and/or tapping an earbud that has been inserted into
`
`the ear to play or pause. Additionally, when the charging case is opened and the Bluetooth is
`
`connected to a phone that is playing music, the music will pause. The music with then start to play
`
`for an earbud when magnetically decoupled from the charging case.
`
`33.
`
`The switching device of the Samsung Infringing Products include a lid and hinge
`
`(noted below with a vertical arrow) attaching the lid to the base of the switching device wherein
`
`the lid is recessed to correspond to the electronic device (noted below with a horizontal arrow).
`
`For example:
`
`34.
`
`The switching device of the Samsung Infringing Products comprises the first case
`
`functioning to protect the second case. For example:
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`35.
`
`Claim 2 of the ‘320 patent covers the system of Claim 1 wherein the switching
`
`device has a first lens. The Samsung Infringing Products comprise the system of claim 1 (see
`
`above), wherein the switching device has a lens on the exterior of the charging case for the charging
`
`case battery indicator light and a lens within the interior of the charging case for the earbud battery
`
`indicator light. For example, on information and belief, the Galaxy Buds case has lenses for its
`
`LED lights which indicate charge status:
`
`36.
`
`Claim 3 of the ‘320 patent covers the system of Claim 1 wherein the electronic
`
`device has a second lens. For example, the Samsung Infringing Products comprise the system of
`
`claim 1 (see above) and, on information and belief, each Galaxy Buds earbud includes at least one
`
`infrared sensor and at least one vertical-cavity surface-emitting laser, with each comprising a lens.
`
`For example:
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`37.
`
`Claim 4 of the ‘320 patent covers the system of Claim 1 wherein the lid has a second
`
`magnet disposed within it. The Samsung Infringing Products comprise the system of claim 1 (see
`
`above), wherein the lid of the switching device has a plurality of magnets disposed within it. For
`
`example (as noted by the below beads):
`
`38.
`
`Claim 5 of the ‘320 patent covers the system of Claim 4 wherein the lid is
`
`configured to employ the second magnet to secure the lid in a closed position by magnetically
`
`coupling to the first case. The Samsung Infringing Products comprise the system of claim 4 (see
`
`above), wherein the lid of the switching device is configured to employ the second magnet to
`
`secure the lid in a closed position via magnetic coupling, with such coupling being shown as
`
`follows. For example:
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`39.
`
`Claim 7 of the ‘320 patent covers the system of Claim 3 wherein the first case is
`
`configured to be nonabrasive to the second lens. The Samsung Infringing Products comprise the
`
`system of claim 3 (see above), wherein a plastic surface of the Galaxy Buds case is structurally
`
`configured with complementary fitting beveled edges and recesses to the earbuds, and its lens and
`
`is composed of a material that is nonabrasive to the second lens.
`
`40.
`
`Claim 9 of the ‘320 patent covers the system of Claim 1 wherein the first magnet
`
`is employed in actuating the electronic circuit. The Samsung Infringing Products comprise the
`
`system of claim 1 (see above), wherein the first magnet is employed in actuating the electronic
`
`circuit, including, on information and belief, wherein the magnet disposed within each earbud is
`
`used to magnetically couple the earbud to the charging case, which engages electrical contact of
`
`the conducting leads of the earbud with the conducting leads of the charging case, thus, actuating
`
`the circuit responsive to the switching device. When said circuit is actuated, electrical
`
`communications occur, comprising activation of the earbud communications capability and
`
`communication of earbud battery status, including as indicated by the earbuds entering into a
`
`connected status with a phone, by LED display on the charging case, and/or by the battery status
`
`transmitted to the phone. An exemplary such magnet is noted below on the earbud
`
`(complementary magnets are also noted on the charging case):
`
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`41.
`
`Claim 10 of the ‘320 patent covers the system of Claim 4 wherein the second or a
`
`third magnet is employed in the lid to actuate the electronic circuit. The Samsung Infringing
`
`Products comprise the system of claim 4 (see above), wherein the second magnet within the lid of
`
`the Galaxy Buds charging case is employed to actuate the electronic circuit. On information and
`
`belief, this occurs in connection with the Hall effect sensor, which senses a magnetic field
`
`associated with or modified by the second magnet.
`
`42.
`
`Claim 11 of the ‘320 patent covers the system of Claim 1 wherein the electronic
`
`device is wireless earplugs. The Samsung Infringing Products comprise the system of claim 1 (see
`
`above), wherein the electronic device is wireless earbuds (see wireless earbuds noted above).
`
`43.
`
`Claim 12 of the ‘320 patent covers the system of Claim 1 wherein the system further
`
`comprises a sensor that can be activated using a magnet. The Samsung Infringing Products
`
`comprise the system of claim 1 (see above), wherein, on information and belief, a sensor, for
`
`example a Hall effect sensor in the charging case, battery level sensor, vertical-cavity surface-
`
`emitting laser sensor, infrared sensor and/or the Bluetooth sensor (i.e., receiver) each can be
`
`activated using a magnet. Bluetooth sensors, infrared sensors and VCSEL sensors in the earbuds
`
`are activated when the charging case is opened, which, on information and belief, also involves
`
`the functionality of the Hall effect sensor. Further, a battery level sensor is activated when an
`
`earbud is in electrical contact with the charging case. Without limitation, a magnet disposed within
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`each earbud is used to magnetically couple the earbud to the charging case, which engages
`
`electrical contact of the conducting lead of the earbud with the conducting lead of the charging
`
`case, thus actuating a battery level sensor.
`
`44.
`
`Claim 13 of the ‘320 patent covers the system of Claim 5 wherein the system further
`
`comprises a sensor that can be activated using a magnet. The Samsung Infringing Products
`
`comprise the system of claim 5 (see above), wherein, on information and belief, a sensor, for
`
`example a Hall effect sensor in the charging case, a battery level sensor, a vertical-cavity surface-
`
`emitting laser sensor, an infrared sensor and/or a Bluetooth sensor each can be activated using a
`
`magnet when the earbuds are located inside the charging case. Bluetooth sensors, infrared sensors
`
`and VCSEL sensors in the earbuds are activated when the charging case is opened, which, on
`
`information and belief, also involves the functionality of the Hall effect sensor. Further, a battery
`
`level sensor is activated when an earbud is in electrical contact with the charging case. Without
`
`limitation, a magnet disposed within each earbud is used to magnetically couple the earbud to the
`
`charging case, which engages electrical contact of the conducting lead of the earbud with the
`
`conducting lead of the charging case, thus actuating a battery level sensor.
`
`45.
`
`Samsung has infringed, and continues to infringe, the claims of the ‘320 patent,
`
`including at least those noted above, including by making, using, offering for sale, selling and/or
`
`importing the Samsung Infringing Products in violation of 35 U.S.C. § 271(a).
`
`46.
`
`Samsung has also infringed, and continues to infringe, the claims of the ‘320 patent,
`
`including at least those noted above, by actively inducing others to use, offer for resale, and resell
`
`the Samsung Infringing Products. Samsung’s customers who use those devices in accordance with
`
`Samsung’s instructions directly infringe said claims in violation of 35 U.S.C. § 271(a). Samsung
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`intentionally instructs its customers to infringe, including by and through its product sales,
`
`instructions, manuals and guides.
`
`47.
`
`Samsung has had at least constructive notice of the ‘320 patent since at least its
`
`issuance. Samsung will have been on actual notice of the ’320 patent since, at the latest, the service
`
`of this complaint. By the time of trial, Samsung will have known and intended (since receiving
`
`such notice) that its continued actions would actively induce the infringement of the above-noted
`
`claims of the ‘320 patent.
`
`48.
`
`Gwee believes and contends that, at minimum, Samsung’s knowing and intentional
`
`post-suit continuance of its unjustified, clear, and inexcusable infringement of the ‘320 patent since
`
`receiving notice of its infringement of the ‘320 patent, is necessarily willful, wanton, malicious, in
`
`bad-faith, deliberate, consciously and wrongful, and it constitutes egregious conduct worthy of a
`
`finding of willful infringement. Accordingly, since at least receiving notice of this suit, Samsung
`
`has willfully infringed the ’320 patent.
`
`49.
`
`The acts of infringement by Samsung have caused damage to Gwee, and Gwee is
`
`entitled to recover from Samsung the damages sustained by Gwee as a result of Samsung’s
`
`wrongful acts in an amount subject to proof at trial but no less than a reasonable royalty. The
`
`infringement of Gwee’s exclusive rights under the ’320 Patent by Samsung has damaged and will
`
`continue to damage Gwee, causing irreparable harm, for which there is no adequate remedy at law,
`
`unless enjoined by this Court.
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`COUNT II - INFRINGMENT OF U.S. PATENT NO. 10,562,077
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`50.
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`The application for U.S. Patent No. 10,562,077 (the “‘077 patent”) was filed on
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`July 2, 2019 . The patent issued on February 18, 2020. The ‘077 patent claims priority to non-
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`provisional and provisional filings dated as far back as August 5, 2011.
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`Case 4:20-cv-02624 Document 1 Filed on 07/27/20 in TXSD Page 18 of 50
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`51.
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`Claim 1 of the ’077 patent covers a system comprising “a portable switching device
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`coupled to a portable electronic device; wherein: the switching device and the electronic device
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`are configured to selectively couple to each other employing magnetic force; the switching device
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`comprises a first case; the electronic device comprises a second case and an electronic circuit that
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`is responsive to the switching device; a first magnet is fully disposed within the electronic device;
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`the electronic device comprises at least one element selected from the group consisting of beveled
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`edges, ridges, recessed areas, grooves, slots, indented shapes, bumps, raised shapes, and
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`combinations thereof; configured to correspond to complementary surface elements on the
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`switching device; the portable switching device is configured to activate, deactivate, or send into
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`hibernation the portable electronic device; the electronic device plays, pauses and/or changes the
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`volume of a remote device; the switching device includes a lid and hinge attaching the lid to the
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`switching device; the lid is recessed to configure to the electronic device; and when coupled, the
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`first case functions to protect the second case.”
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`52.
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`The Samsung Infringing Products comprise a portable switching device coupled to
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`a portable electronic device, for example, the Galaxy Buds charging case functions as a portable
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`switching device and the Galaxy Buds earbuds are portable electronic devices. Said cases and
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`earbuds are coupled to each other, including at least magnetically. For example, when Galaxy
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`Buds earbuds are placed into the Galaxy Buds charging case, they securely snap into place
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`magnetically. Further, if a Galaxy Buds charging case is opened and turned upside down, the
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`Galaxy Buds earbuds are held into place magnetically and will not fall from the case. For example:
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`Case 4:20-cv-02624 Document 1 Filed on 07/27/20 in TXSD Page 19 of 50
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`53.
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`On information and belief, such coupling comprises the magnets generally marked
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`by the beads depicted below:
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`54.
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`The Samsung Infringing Products comprise the switching device (here the charging
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`case) and the electronic device (here the earbud(s)) being configured to selectively couple to each
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`other through a magnetic force, as noted in the above images.
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`55.
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`The Samsung Infringing Products comprise both the switching device and the
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`electronic device each comprising a plastic outer case, for example in white, yellow, silver, or
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`black, including as noted with the black cases above.
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`56.
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`The Samsung Infringing Products comprise the electronic device comprising an
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`electronic circuit that is responsive to the switching device. For example, when the Galaxy Buds
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`charging case is opened/closed and the earbuds are located within the charging case, the Bluetooth
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`communications capabilities of the earbuds is activated/deactivated when the earbuds are within
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`the case, including as noted below:
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`Case 4:20-cv-02624 Document 1 Filed on 07/27/20 in TXSD Page 20 of 50
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`57.
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`The electronic device of the Samsung Infringing Products comprises a first magnet
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`that is fully disposed within the electronic device. For example (as marked by the beads below):
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`58.
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`The electronic device of the Samsung Infringing Products comprises at least one
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`element selected from the group consisting of beveled edges, ridges, bumps, raised shapes, and
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`combinations thereof. For example:
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`Case 4:20-cv-02624 Document 1 Filed on 07/27/20 in TXSD Page 21 of 50
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`59.
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`The electronic device of the Samsung Infringing Products is configured to
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`correspond to complementary surface elements on the switching device. For example, the Galaxy
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`Buds charging case and Galaxy Buds earbuds are configured to fit together when the earbuds are
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`placed into the case. For example:
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`60.
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`The switching device of the Samsung Infringing Products is configured to activate,
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`deactivate or send into hibernation the portable electronic device. For example, when the Galaxy
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`Buds charging case is closed and an earbud is located within the case, it deactivates and/or
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`hibernates the Galaxy Buds earbud, including by sending a signal that causes the earbud to cease
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`or stop Bluetooth communication; and when the Galaxy Buds charging case is opened, it activates
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`the Galaxy Buds earbud, including by sending a signal that causes its Bluetooth communications
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`to commence.
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`61.
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`The electronic device of the Samsung Infringing Products plays, pauses and/or
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`changes the volume of a remote device, for example the electronic device of the Samsung
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`Infringing Product may play, pause and/or change the volume of a music player on a Bluetooth
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`connected cellular phone (e.g., an Samsung Phone), for example, via actions such as removing
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`the earbuds from the ears to pause and/or tapping an earbud that has been inserted into the ear to
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`play or pause.
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`Case 4:20-cv-02624 Document 1 Filed on 07/27/20 in TXSD Page 22 of 50
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`62.
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`The switching device of the Samsung Infringing Products includes a lid and hinge
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`(noted below with a vertical arrow) attaching the