UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Jury Trial Demanded
`
`
`Civil Action No. 21-cv-411
`
`MemoryWeb, LLC, Plaintiff,
` vs.
`Samsung Electronics Co., Ltd. (a Korean
`Company) and Samsung Electronics
`America, Inc.,
`Defendants.
`
`Plaintiff MemoryWeb, LLC (“Plaintiff” or “MemoryWeb”) by its attorneys, as and for
`its Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung Korea”) and
`Samsung Electronics America, Inc. (“Samsung America”) (collectively “Defendants” or
`“Samsung”) states and alleges as follows:
`1.
`This is an action for patent infringement arising under the patent laws of the
`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`2.
`MemoryWeb is a corporation existing and organized under the laws of
`Illinois with its principal place of business at 526 Crescent Blvd. Suite 233, Glen Ellyn,
`Illinois 60137.
`3.
`Samsung America is a corporation duly organized and existing under the
`laws of the State of New York, and Samsung America maintains a regular and established
`
`§ § § §
`§ § § § § §
`
`COMPLAINT
`
`Nature of the Action
`
`The Parties
`
`
`
`
`
`1
`
`SAMSUNG 1028
`
`
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Jury Trial Demanded
`
`
`Civil Action No. 21-cv-411
`
`MemoryWeb, LLC, Plaintiff,
` vs.
`Samsung Electronics Co., Ltd. (a Korean
`Company) and Samsung Electronics
`America, Inc.,
`Defendants.
`
`Plaintiff MemoryWeb, LLC (“Plaintiff” or “MemoryWeb”) by its attorneys, as and for
`its Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung Korea”) and
`Samsung Electronics America, Inc. (“Samsung America”) (collectively “Defendants” or
`“Samsung”) states and alleges as follows:
`1.
`This is an action for patent infringement arising under the patent laws of the
`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`2.
`MemoryWeb is a corporation existing and organized under the laws of
`Illinois with its principal place of business at 526 Crescent Blvd. Suite 233, Glen Ellyn,
`Illinois 60137.
`3.
`Samsung America is a corporation duly organized and existing under the
`laws of the State of New York, and Samsung America maintains a regular and established
`
`§ § § §
`§ § § § § §
`
`COMPLAINT
`
`Nature of the Action
`
`The Parties
`
`
`
`
`
`1
`
`SAMSUNG 1028
`
`
`
`
`
`place of business in the Western District of Texas at least at the following locations: 12100
`Samsung Blvd, Austin, Texas 78754 and 3900 San Clemente Suite 300, North Capital of
`Texas Highway, Austin, Texas 78746. Samsung America may be served with process
`through its registered agent: CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX
`75201-3136.
`4.
`Samsung Korea is a company duly organized and existing under the laws of
`the Republic of Korea with its principal offices at 129 Samsung-ro, Yeongtong-gu, Suwon-si,
`Gyeonggi-do, Republic of Korea. Further, upon information and belief, Samsung Korea
`directs and controls the actions of Samsung America such that it maintains a regular and
`established place of business in the Western District of Texas at least at the following
`locations: 12100 Samsung Blvd, Austin, Texas 78754 and 3900 San Clemente Suite 300,
`North Capital of Texas Highway, Austin, Texas 78746. Samsung Korea may be served with
`process by service in accordance with The Hague Convention on the Service Abroad of
`Judicial and Extrajudicial Documents, in accordance with Fed. R. Civ. P. 4(f).
`5.
`This Action arises under the patent laws of the United States, Title 35 of the
`United States Code. Accordingly, this Court has jurisdiction over the subject matter of this
`action under 28 U.S.C. §§ 1331 and 1338.
`6.
`This Court has personal jurisdiction over Samsung Korea and Samsung
`America under the United States Constitution, the State Laws of Texas, including Texas’s
`long-arm statute, and/or the Federal Rules of Civil Procedure, including Fed. R. Civ. P.
`4(k)(2), and the supplemental jurisdiction statute, 28 U.S.C. § 1367. Samsung Korea and
`Samsung America have sufficient minimum contacts with this District, through at least the
`
`Jurisdiction and Venue
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`places of business at the addresses identified above, their acts of infringement within this
`District, and because they have continuously and systematically solicited and/or transacted
`business in this District such that this Court has personal jurisdiction over Samsung Korea
`and Samsung America.
`7.
`Samsung America is registered to do business in the State of Texas.
`8.
`Venue is proper in this District under 28 U.S.C. § 1391 and 28 U.S.C. § 1400(b)
`because Samsung Korea and Samsung America have one or more regular and established
`places of business within this District and have committed acts of infringement in the
`District directly or indirectly—including through subsidiaries or intermediaries such as
`distributors, retailers, and/or contract manufacturers; by conducting its business
`extensively throughout the District by shipping, manufacturing, distributing, offering for
`sale, selling, and advertising infringing products and services which practice one or more
`claimed methods in the Asserted Patents (“Accused Instrumentalities”); and by
`purposefully and voluntarily placing Accused Instrumentalities into this District and into
`the stream of commerce with the intention and expectation that they will be purchased and
`used in an infringing manner by consumers in this District. On information and belief,
`Samsung Korea and/or Samsung America also use Accused Instrumentalities in this
`District. 9.
`Venue is also proper against Samsung Korea in this district pursuant to 28
`U.S.C. 1391(c)(3).
`10.
`On information and belief, Samsung markets, sells, and/or offers to sell
`Accused Instrumentalities in this District to actual and potential customers and end-users
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`located in this District at least through its website and/or authorized mobile carriers
`serving customers throughout the District. Exhibit 3; Exhibit 4.
`11.
`On information and belief, Samsung has authorized retailers that offer and
`sell products on their behalf in this District, including Accused Instrumentalities. On
`information and belief, such retailers include Target, e.g., at 5401 Bosque Boulevard, Waco,
`Texas 76710; Best Buy, e.g., at 4627 South Jack Kultgen Expressway, Waco, Texas 76706;
`AT&T, e.g., at 4330 West Waco Drive, Waco, Texas 76710; TMobile, e.g., at 100 North New
`Road, Suite 110, Waco, Texas 76710; and Verizon, e.g., at 1820 South Valley Mills Drive,
`Waco, Texas 76711, among others.
`12.
`On information and belief, Samsung has derived substantial revenue from
`infringing acts in the Western District of Texas, including from the sale and use of Accused
`Instrumentalities.
`13.
`On information and belief, Samsung is one of the largest private employers in
`the District, with approximately 10,000 employees serving in a variety of capacities,
`including the manufacturing and research and development of components used in
`Infringing Instrumentalities.
`14.
`On information and belief, Samsung’s presence in the District will continue to
`grow, as Samsung recently purchased 258 acres of additional land on which it plans to
`expand its existing facilities in the District with a new $17 billion factory that is expected to
`bring 1,800 new permanent jobs to the District in the first 10 years. Exhibit 5.
`15.
`There is significant local interest in this District due to Samsung’s long-
`standing relationship with and presence in the Austin area. Samsung is one of the largest
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`Background
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`MemoryWeb’s Innovative Technology
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`
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`private employers in this District and, in connection with its planned expansion, is seeking
`tens of millions of dollars in state and local tax subsidies. Id.
`16. MemoryWeb was founded in 2014 by Christopher J. Desmond, Nancy L.
`Desmond, and L. Michael Taylor (“the Founders”).
`17.
`The Founders were avid curators of photographs, possessing stockpiles of
`digital and print photographs that they wanted to preserve and share (e.g., family photos
`and photos from other memorable events in their lives). The Founders recognized that the
`then-available technology was not able to manage, organize, and display their photos and
`related information in efficient and intuitive ways.
`18.
`Recognizing the drawbacks and limitations on prior attempts to manage,
`organize, and display digital photographs and related information, the Founders set out to
`develop an application that, among other things, would allow users to explore their
`libraries of photos using a variety of methodologies for more efficient digital file
`organization and displaying digital files using intuitive views, such as a location view and a
`people view.
`19.
`The Founders chose the name “MemoryWeb” for their solution in recognition
`of the fact that memories are not just represented by photos alone, but by a web of
`information interconnecting those photos.
`20.
`The MemoryWeb application was launched in October 2016 and is presently
`available as a web application or as an application for the Apple iOS and Android operating
`system platforms.
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`The MemoryWeb application organizes and displays photos and related
`21.
`information using a variety of intuitive views, such as a “Location view” and a “People
`view.” For example, as shown in the images below, the MemoryWeb application can group
`photos by location using thumbnail images displayed on an interactive map.
`
`The map is interactive in that a user can, among other things, “zoom-in” or
`22.
`“zoom-out” to view photographs at a particular location on the geographic map. For
`example, as shown in the images below, a user can zoom-in to expand the map in a
`particular location from a view of Europe to an expanded view of London.
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`By selecting one of the thumbnail images on the interactive map, the user can
`23.
`navigate to a location view including the location name and the photographs taken at that
`location, for example, as shown in the image below.
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`The MemoryWeb application also organizes and displays photos and related
`24.
`information in an intuitive manner based on the people in the photos. The MemoryWeb
`application utilizes facial recognition technology to automatically identify people in
`photographs. An exemplary People View including thumbnail images and person names is
`shown in the image below.
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`By clicking one of the thumbnail images associated with a particular
`25.
`individual, the user can navigate to a “Person view” including images of the selected person.
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`26. MemoryWeb’s efforts in developing innovative digital file organization and
`display technology has resulted in the issuance of five issued U.S. patents (including the
`patents asserted in this Complaint), with additional patents pending.
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`The Asserted Patents
`
`A.
`
`U.S. Patent No. 10,423,658
`
`B.
`
`U.S. Patent No. 10,621,228
`
`27. MemoryWeb asserts two patents in this Complaint for patent infringement:
`U.S. U.S. Patent No. 10,423,658 and U.S. Patent No. 10,621,228. These patents are
`collectively referred to the “Asserted Patents” herein.
`28. MemoryWeb is presently the owner of the entire right, title, and interest in
`and to each of the Asserted Patents, and has the exclusive right to sue for and recover all
`past, present, and future damages for infringement of the Asserted Patents.
`29.
`On September 24, 2019, the United States Patent and Trademark Office duly
`and legally issued U.S. Patent No. 10,423,658 (“the ‘658 patent”), entitled “Method and
`Apparatus for Managing Digital Files.” A true and correct copy of the ‘658 patent is
`attached hereto as Exhibit 1.
`30.
`The ‘658 Patent is currently in full force and effect.
`31.
`On April 14, 2020, the United States Patent and Trademark Office duly and
`legally issued U.S. Patent No. 10,621,228 (“the ‘228 patent”), entitled “Method and
`Apparatus for Managing Digital Files.” A true and correct copy of the ‘228 patent is
`attached hereto as Exhibit 2.
`32.
`The ‘228 Patent is currently in full force and effect.
`33.
`Prior to the advent of digital photography, printed photographs were
`typically preserved and displayed in frames or photo albums. To capture relevant
`
`D.
`
`The Technological Improvement Needed for Managing, Organizing and
`
`Displaying Digital Files
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`information about these photographs, people would often inscribe information on the back
`of printed photographs to associate that photograph with a particular memory or occasion.
`For example, information such as the identification of individuals pictured, and the date
`and location the photograph was taken may be inscribed on the back of the printed
`photograph. People might also assemble photo albums or slides for a particular memory or
`event so as to associate or link certain photographs with those memories or events.
`34.
`As the use of personal electronic devices with cameras (e.g., smartphones)
`exploded, consumers continued to create and store an ever-expanding number of digital
`photos and videos. The cameras embedded in such devices have evolved to the point
`where many consumers use the smartphone as their primary, or only, camera. Indeed,
`many smartphone manufacturers tout camera features in advertising as a key selling point.
`35. While such devices and other services allowed the storage and retrieval of
`digital photos and videos, effective methods for efficiently and intuitively organizing,
`locating and displaying digital files—or subsets of those files—did not exist prior to the
`inventions disclosed in the Asserted Patents. Consumers seeking to find, view or display a
`particular photo within a vast library of photos would often need to search through large
`and complex interfaces by, for instance, scrolling through a photo library of thousands of
`pictures taken over months or years to find a particular photo from a particular time or
`event. 36.
`The Asserted Patents recognized a need for systems and methods that
`“allow[] people to organize, view, preserve these files with all the memory details captured,
`connected and vivified via an interactive interface.” Ex. 1 (‘658 patent) at 1:56-60. To
`address these and other problems, the Asserted Patents disclose and claim, among other
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`things, methods for intuitively organizing and displaying digital files such as digital
`photographs and videos.
`37.
`For example, the Asserted Patents disclose and claim a map view including
`an interactive map. Referring to FIG. 41 of the ‘658 patent (reproduced below), a map view
`including an interactive map can be displayed. “In this view, individual or groups of Digital
`Files are illustrated as photo thumbnails (see indicators 0874 and 0875)) on the map and
`the user can select the thumbnail to see all the Digital Files with the same location (as seen
`FIG. 34 (indicator 1630)) or the user can use the interactive map and narrow the map view
`by either using the Zoom in/Zoom out bar (0876) on the left or simply selecting the map.”
`‘658 patent at 29:32-39.
`
`
`38.
`As shown in FIG. 41, each thumbnail image includes an indication of the
`number of digital files, such as photos and/or videos, at the associated location. Id. at
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`29:39-41. In the example shown in FIG. 41, the indication on thumbnail 0874 indicates 1
`digital file associated with that location and the indication on thumbnail 0875 indicates 3
`digital files associated with that location.
`39.
`The map view disclosed in the Asserted Patents allows users to efficiently
`and intuitively locate one or more digital files, such as photographs and/or videos, based
`on the location where file was generated. The map view also allows a user to intuitively
`visualize where digital files within the user’s library were generated, and the relative
`number of digital files generated at given locations.
`40.
`As described in the specification, the interactive map in the map view allows
`users to zoom in and out to view digital files at certain locations with varying levels of
`specificity. ‘658 patent at 29:36-39. For instance, when zoomed out as shown in FIG. 41,
`the user may see thumbnail image 0874 in North America and thumbnail image 0875 in
`Europe on the interactive map. By zooming in (e.g., generally on the North America portion
`of the map), the user can narrow the map view and may see additional thumbnail images.
`Zooming in further on, for example, a particular city, the user may see one or more
`thumbnail images in a downtown area and one or more thumbnail images in a suburban
`area. In this way, the map view disclosed in the Asserted Patents allows users to efficiently
`and intuitively locate digital files based on location.
`41.
`The Asserted Patents also disclose one or more location views for organizing
`and displaying digital files. FIG. 34 (reproduced below) illustrates an exemplary location
`view.
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`42.
`The location views disclosed in the Asserted Patents allow users to efficiently
`and intuitively locate digital files associated with a particular location. The “Multiple
`Location Application View” shown in FIG. 34 “is used to display all the locations that were
`created within the user’s Application (1600).” ‘658 patent at 24:1-4. In the “Single
`Location Application View” shown in FIG. 34, “a single location (1630) is illustrated,” which
`includes “[t]he individual location name” and “[t]humbnails of each Digital File within the
`specification collection.” Id. at 24:22-28. Additionally, “an interactive map displaying a
`Zoomed-in image of the specific location is displayed (1635).” Id. at 24:37-40.
`43.
`The Asserted Patents additionally disclose one or more people views for
`organizing digital files based on associated people. For example, referring to FIG. 32
`(reproduced below), the people view includes a plurality of people selectable thumbnail
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`images. Selecting one of the thumbnail images in the people view causes a person view
`(shown below with annotations in color) to be displayed that includes the name of the
`selected person and at least one digital file associated with that person.
`
`
`44.
`As illustrated by at least the foregoing examples, the Asserted Patents are
`directed to improved user interfaces for computing devices. More specifically, the Asserted
`Patents are directed to a particular manner of summarizing and presenting particular sets
`of digital files such as photos and/or videos on computing devices. For example, a user
`might be looking for one photograph out of tens of thousands, but knows that the
`photograph was taken while on vacation in Florida. The user can more easily retrieve that
`photo by navigating to Florida on the interactive map. As another example, the user knows
`that one of her siblings was in the photograph, and can more easily retrieve the photograph
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`through the people view. In at least these ways, the Asserted Patents provide highly
`intuitive, user-friendly interfaces for navigating through many (e.g., hundreds or
`thousands) of files to find a particular file.
`Samsung Infringes MemoryWeb’s Patents
`45.
`Samsung has infringed MemoryWeb’s valuable and proprietary intellectual
`property, including at least the patents asserted in this Complaint. Samsung is using
`MemoryWeb’s patented technology without a license or MemoryWeb’s permission.
`46.
`As described below, Samsung makes, uses, sells, offers to sell, and/or imports
`a photo application called Samsung Gallery for organizing and displaying digital files such
`as photos and videos according to methods claimed in the Asserted Patents. The Accused
`Instrumentalities include, collectively, the Samsung Gallery application and at least those
`Samsung products incorporating and/or using the Samsung Gallery application discussed
`herein. 47.
`By way of representative example only, the Samsung Gallery application
`displays a map view including an interactive map with images. The images below were
`created using the Samsung Gallery application (version 11.5.00.38) executing on a
`Samsung Galaxy A51 (Model No. SM-A515U1) running One UI Version 2.5 and Android
`Version 10.
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`48.
`Each image on the interactive map includes an indication of the number of
`digital files at the associated locations. The interactive map allows the user to zoom in and
`out.
`
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`The user can select one of the images on the interactive map to view digital
`49.
`files associated with the corresponding location.
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`The Samsung Gallery application also displays a map image below a digital
`50.
`file when the digital file is viewed individually.
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`As a second example, the Samsung Gallery application displays a people view
`51.
`including images associated with different people.
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`52.
`Selecting an image in the people view that is associated with a first person
`causes a person view associated with that first person to be displayed.
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`As a third example, the Samsung Gallery application includes an option to
`53.
`display a slideshow of digital files.
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`54.
`On information and belief, at the least the following Samsung products
`include and/or use the Samsung Gallery application described above and/or substantially
`similar versions: Samsung Galaxy smartphones (including, but not limited to, A series, S
`series, Z Series, and Note models) and Samsung Galaxy tablets (including, but not limited
`to, Tab A and Note models).
`55. While the exemplary images above were created using a particular version of
`the Samsung Gallery application, on information and belief, additional versions of the
`Samsung Gallery application include the same or similar digital file organization and
`display features and capabilities.
`56.
`Further, while certain Samsung products are identified in this Complaint as
`examples of Samsung’s infringement, these examples in no way limit the discovery and
`infringement allegations against Samsung concerning other software and/or devices that
`incorporate the same or similar functionalities. MemoryWeb reserves the right to discover
`and pursue any additional infringing products or services.
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`Count I – Infringement of the ‘658 Patent
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`57. MemoryWeb repeats and realleges the allegations in the preceding
`paragraphs above as if fully set forth herein.
`58.
`The ‘658 patent is valid and enforceable.
`59.
`Samsung has directly infringed and continues to directly infringe one or
`more claims of the ‘658 patent, both literally and under the doctrine of equivalents, by
`making, using, offering for sale, selling within the United States and/or imported into the
`United States, without permission or license from MemoryWeb, products and/or services
`that embody or practice the inventions disclosed and claimed in the ‘658 patent in violation
`of 35 U.S.C. § 271(a).
`60.
`To the extent Samsung does not perform each and every step of a particular
`asserted method claim of the ‘658 patent, Samsung directs or controls the performance by
`others of each step of such asserted method claims of the ‘658 patent that is does not
`perform itself, such that the performance of each step of the asserted method claims can be
`attributed to Samsung.
`61.
`Samsung actively induces direct infringement by others of one or more
`claims of the ‘658 patent, either literally or under the doctrine of equivalents, in violation of
`35 U.S.C. § 271(b). For example, Samsung induces infringement of one or more claims of
`the ‘658 patent when end users operate Accused Instrumentalities, including the Samsung
`Gallery application, in their intended manner.
`62.
`On information and belief, Samsung had knowledge of the technology
`described in the ‘658 patent prior to the filing of this Complaint and may have had actual
`knowledge of the ‘658 patent. For example, Samsung cited U.S. Patent Publication
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`No. 2014/0181089, which shares a common specification with the ‘658 patent, in an
`information disclosure statement during prosecution of Samsung’s U.S. Patent Application
`Nos. 14/971,451 and 16/153,110.
`63.
`At a minimum, pursuant to 35 U.S.C. § 287(a), the filing of this Complaint
`constitutes notice to Samsung of the ‘658 patent and of Samsung’s manner of infringement
`thereof. On information and belief, Samsung knows or should know that its activities
`induce others to directly infringe one or more claims of the ‘658 patent.
`64.
`Samsung actively induces infringement of the ‘658 patent in at least the
`following manners: when Samsung’s customers or end users operate the Accused
`Instrumentalities including the Samsung Gallery application; when Samsung instructs or
`causes its customers or end users to download and install the Samsung Gallery application
`onto the Accused Instrumentalities; and by advertising, instructing and encouraging
`customers and end users (e.g., in user manuals or guides) to operate the Accused
`Instrumentalities in an infringing manner.
`65.
`Samsung contributes to infringement by others of one or more claims of the
`‘658 patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C.
`§ 271(c). Samsung has and continues to make, use, offer to sell, sell, and/or import
`products and services knowing the same to be especially made or especially adapted for
`infringement of the ‘658 patent. The Accused Instrumentalities constitute a material or
`apparatus for use in practicing a patented process, constituting a material part of the
`invention. Such Accused Instrumentalities are not a staple article or commodity of
`commerce suitable for substantial non-infringing use. The lack of substantial non-
`infringing uses is evidenced by the fact that the Accused Instrumentalities are made, used,
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`sold, offered for sale, and/or imported, including by default the Samsung Gallery
`application.
`66. MemoryWeb is entitled to recover damages as a result of Samsung’s
`infringement of the ‘658 patent, including lost profits and in no event less than a
`reasonable royalty, together with interest and costs as fixed by this Court pursuant to 35
`U.S.C. § 284, in an amount to be proven at trial.
`67.
`On information and belief, Samsung will continue its infringement of one or
`more claims of the ‘658 patent unless enjoined by the Court. MemoryWeb has been
`irreparably harmed by Samsung’s infringement, and will be continue to be harmed unless
`and until the issuance of a permanent injunction against Samsung.
`68. MemoryWeb repeats and realleges the allegations in the preceding
`paragraphs above as if fully set forth herein.
`69.
`The ‘228 patent is valid and enforceable.
`70.
`Samsung has directly infringed and continues to directly infringe one or
`more claims of the ‘228 patent, both literally and under the doctrine of equivalents, by
`making, using, offering for sale, selling within the United States and/or imported into the
`United States, without permission or license from MemoryWeb, products and/or services
`that embody or practice the inventions disclosed and claimed in the ‘228 patent in violation
`of 35 U.S.C. § 271(a).
`71.
`To the extent Samsung does not perform each and every step of a particular
`asserted method claim of the ‘228 patent, Samsung directs or controls the performance by
`others of each step of such asserted method claims of the ‘228 patent that is does not
`
`Count II – Infringement of the ‘228 Patent
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`perform itself, such that the performance of each step of the asserted method claims can be
`attributed to Samsung.
`72.
`Samsung actively induces direct infringement by others of one or more
`claims of the ‘228 patent, either literally or under the doctrine of equivalents, in violation of
`35 U.S.C. § 271(b). For example, Samsung induces infringement of one or more claims of
`the ‘228 patent when end users operate Accused Instrumentalities, including the Samsung
`Gallery application, in their intended manner.
`73.
`On information and belief, Samsung had knowledge of the technology
`described in the ‘228 patent prior to the filing of this Complaint and may have had actual
`knowledge of the ‘228 patent. For example, Samsung cited U.S. Patent Publication
`No. 2014/0181089, which shares a common specification with the ‘228 patent, in an
`information disclosure statement during prosecution of Samsung’s U.S. Patent Application
`Nos. 14/971,451 and 16/153,110.
`74.
`At a minimum, pursuant to 35 U.S.C. § 287(a), the filing of this Complaint
`constitutes notice to Samsung of the ‘228 patent and of Samsung’s manner of infringement
`thereof. On information and belief, Samsung knows or should know that its activities
`induce others to directly infringe one or more claims of the ‘228 patent.
`75.
`Samsung actively induces infringement of the ‘228 patent in at least the
`following manners: when Samsung’s customers or end users operate the Accused
`Instrumentalities including the Samsung Gallery application; when Samsung instructs or
`causes its customers or end users to download and install the Samsung Gallery application
`onto the Accused Instrumentalities; and by advertising, instructing and encouraging
`
`
`
`- 26 -
`
`
`
`
`
`customers and end users (e.g., in user manuals or guides) to operate the Accused
`Instrumentalities in an infringing manner.
`76.
`Samsung contributes to infringement by others of one or more claims of the
`‘228 patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C.
`§ 271(c). Samsung has and continues to make, use, offer to sell, sell, and/or import
`products and services knowing the same to be especially made or especially adapted for
`infringement of the ‘228 patent. The Accused Instrumentalities constitute a material or
`apparatus for use in practicing a patented process, constituting a material part of the
`invention. Such Accused Instrumentalities are not a staple article or commodity of
`commerce suitable for substantial non-infringing use. The lack of substantial non-
`infringing uses is evidenced by the fact that the Accused Instrumentalities are made, used,
`sold, offered for sale, and/or imported, including by default the Samsung Gallery
`application.
`77. MemoryWeb is entitled to recover damages as a result of Samsung’s
`infringement of the ‘228 patent, including lost profits and in no event less than a
`reasonable royalty, together with interest and costs as fixed by this Court pursuant to 35
`U.S.C. § 284, in an amount to be proven at trial.
`78.
`On information and belief, Samsung will continue its infringement of one or
`more claims of the ‘228 patent unless enjoined by the Court. MemoryWeb has been
`irreparably harmed by Samsung’s infringement, and will be continue to be harmed unless
`and until the issuance of a permanent injunction against Samsung.
`WHEREFORE, MemoryWeb respectfully requests that this Court:
`
`Prayer for Relief
`
`
`
`- 27 -
`
`
`
`
`
`A.
`
`B.
`
`C.
`
`enter judgment that Samsung has infringed one or more claims of the ‘658
`patent and the ‘228 patent, in violation of the United States Code, including, without
`limitation, 35 U.S.C. § 271;
`enter an order enjoining Samsung, its officers, agents, servants,
`representatives, and employees, and all persons acting in concert with them, and each of
`them, from infringing the ‘658 patent and the ‘228 patent;
`award MemoryWeb damages adequate to compensate MemoryWeb for
`Samsung’s past infringement, and any continuing or future infringement through the date
`such judgment is entered, including prejudgment and post-judgment interest, costs,
`expenses and an accounting of all infringing acts including, but not limited to, those acts not
`presented at trial;
`find Samsung’s infringement is or has been willful;
`increase damages awarded to MemoryWeb in this case to three times the
`damages amount found by the jury or assessed by the Court pursuant to 35 U.S.C. § 284;
`declare this case to be an “exceptional case” under 35 U.S.C. § 285 and award
`MemoryWeb its attorneys’ fees and costs incurred in bringing and prosecuting this action;
`and
`award MemoryWeb such other and further relief as this Court deems just and
`proper.
`
`D.
`
`E.
`
`F.
`
`G.
`
`
`
`- 28 -
`
`
`
`DEMAND FOR JURY TRIAL
`
`/s/ Arthur Gollwitzer III
`
`/s/ Daniel J. Schwartz
`
`
`
`
`
`MemoryWeb respectfully requests a trial by jury on all matters and issues properly
`tried to a jury pursuant to Federal Rules of Civil Procedure 38 and 39 and other applicable
`law.
` Dated: April 26, 2021
`Respectfully submitted,
`
` Arthur Gollwitzer III
` Texas Bar No. 24073336
`MICHAEL BEST & FRIEDRICH LLP
`620 Congress Avenue, Suite 200
`Austin, TX 78701
`Telephone: 512.640.3160
`Facsimile: 512.640.3170
`agollwitzer@michaelbest.com
`
` Daniel J. Schwartz (pro hac vice to be
`requested)
`Zachary Sorman (pro hac vice to be
`requested)
`Angelo J. Christopher (pro hac vice to be
`requested)
`NIXON PEABODY LLP
`70 West Madison, Suite 3500
`Chicago, IL 60602-4224
`Tel: 312-977-4400
`djschwartz@nixonpeabody.com
`achristopher@nixonpeabody.com
`zsorman@nixonpeabody.com
`Attorneys for plaintiff MemoryWeb, LLC
`
`
`
`
`
`29
`
`
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