Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 1 of 18
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MYPAQ HOLDINGS LTD.,
`
`CIVIL ACTION NO. 6:21-CV-00933
`
`Plaintiff,
`
`v.
`
`DELL TECHNOLOGIES INC. and
`DELL INC.,
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT AND JURY DEMAND
`
`Plaintiff MyPAQ Holdings Ltd. (“MyPAQ”) files this Original Complaint for Patent
`
`Infringement and Jury Demand against Defendants Dell Technologies Inc. and Dell Inc. (together,
`
`“Defendants” or “Dell”). Plaintiff alleges infringement of United States Patent Number 7,675,759
`
`(the “’759 Patent”) and United States Patent Number 8,477,514 (the “’514 Patent”) (together, the
`
`“Patents”) as follows:
`
`I. PARTIES
`
`1.
`
`MyPAQ is a corporation organized and existing under the laws of the Republic of
`
`Seychelles with a principal place of business at 303 Aarti Chambers, Victoria Mahe, Republic of
`
`Seychelles. MyPAQ is the assignee of each of the Patents.
`
`2.
`
`Defendant Dell Technologies Inc. is a corporation organized and existing under the
`
`laws of Delaware with a principal place of business at One Dell Way, Round Rock, Texas 78682.
`
`Dell Technologies Inc. may be served with process through its registered agent with the Delaware
`
`Secretary of State, Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`3.
`
`Defendant Dell Inc. is an indirect subsidiary corporation of Dell Technologies Inc.,
`
`organized and existing under the laws of Delaware with a principal place of business at One Dell Way,
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 1 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 2 of 18
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`Round Rock, Texas 78682. Dell Inc. has additional offices at 1404 Park Center Drive, Austin, Texas;
`
`701 E. Parmer Lane, Building PS2, Austin, Texas; 12500 Tech Ridge Road, Austin, Texas; 9715 Burnet
`
`Road, Austin, Texas; and 4309 Emma Browning Avenue, Austin, Texas. Dell Inc. may be served
`
`with process through its registered agent with the Texas Secretary of State, Corporation Service
`
`Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin,
`
`Texas 78701. Dell Inc. is registered to do business in Texas and has been since at least October 27,
`
`1987.
`
`II. JURISDICTION
`
`4.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.,
`
`including 35 U.S.C. §§ 271, 281, 284, and 285. This is a patent infringement lawsuit over which this
`
`Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`This United States District Court for the Western District of Texas has general and
`
`specific personal jurisdiction over Defendants because Defendants are present in, and transact and
`
`conduct business in and with residents of, this District and the State of Texas.
`
`6.
`
`MyPAQ’s causes of action arise, at least in part, from Defendants’ contacts with and
`
`activities in this District and the State of Texas.
`
`7.
`
`Defendants have committed acts that infringe the Patents within this District and the
`
`State of Texas by making, using, selling, offering for sale, and/or importing infringing products in or
`
`into this District and elsewhere in the State of Texas. Defendants make, use, sell, offer for sale, ship,
`
`distribute, advertise, promote, and/or otherwise commercialize such infringing products in this
`
`District and the State of Texas. Defendants regularly conduct and solicit business in, engage in other
`
`persistent courses of conduct in, and/or derive substantial revenue from goods and services provided
`
`to residents of this District and the State of Texas.
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 2 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 3 of 18
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`III. VENUE
`
`8.
`
`Venue is proper in this District against Defendants because each has physical offices
`
`located in this District that are regular and established places of business and belong to them. See In re
`
`Cray Inc., 871 F.3d 1355 (Fed. Cir. 2017).
`
`9.
`
`As a result of Dell’s corporate structure, Dell Technologies Inc. exercises direction
`
`and control over the performance of Dell Inc. Alternatively, Defendants form a joint business
`
`enterprise such that the performance by one is attributable to the other.
`
`10.
`
`As such, Defendants, individually and collectively as a common business enterprise,
`
`conduct business operations and maintain regular and established offices in the Western District of
`
`Texas, including at One Dell Way, Round Rock, Texas 78682, which is Dell’s principal place of
`
`business. Dell. Inc. has additional offices in this District at 1404 Park Center Drive, Austin, Texas;
`
`701 E. Parmer Lane, Building PS2, Austin, Texas; 12500 Tech Ridge Road, Austin, Texas; 9715 Burnet
`
`Road, Austin, Texas; and 4309 Emma Browning Avenue, Austin, Texas.
`
`11.
`
`In addition, each of the Defendants has placed, or contributed to placing, infringing
`
`products into the stream of commerce via an established distribution channel knowing or
`
`understanding that such products would be sold and used in the United States, including in the
`
`Western District of Texas.
`
`12.
`
`On information and belief, Defendants have authorized retailers that offer and sell
`
`products on their behalf in this District, including the products accused of infringement herein. On
`
`information and belief, these retailers include Office Depot, e.g., at 5524 Bosque Boulevard, Waco,
`
`Texas 76710, and Best Buy, e.g., at 4627 S. Jack Kultgen Expressway, Waco, Texas 76706, among
`
`others.
`
`13.
`
`On information and belief, Defendants have each derived substantial revenue from
`
`infringing acts in the Western District of Texas, including from the sale and use of infringing products.
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 3 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 4 of 18
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`14.
`
`Venue is proper under 28 U.S.C. § 1391(b)–(c) and 28 U.S.C. § 1400.
`
`IV. UNITED STATES PATENT NUMBER 7,675,759
`
`15.
`
`United States Patent Number 7,675,759 is titled “Power System with Power
`
`Converters Having an Adaptive Controller” and was filed on February 23, 2007. The ’759 Patent
`
`claims priority to United States Patent Application Number 11/607,325, which was filed on December
`
`1, 2006. A true and correct copy of the ’759 Patent is attached as Exhibit A and is publicly available
`
`at https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=7675759.
`
`16.
`
`17.
`
`The ’759 Patent claims patent-eligible subject matter and is valid and enforceable.
`
`Claim 1 of the ’759 Patent reads:
`
`A power converter coupled to a power system controller configured to receive
`a signal indicating a system operational state of a load coupled thereto,
`comprising:
`
`a power switch configured to conduct for a duty cycle to provide a
`regulated output characteristic at an output thereof; and
`
`a controller configured to receive a command from said power system
`controller to enter a power converter operational state as a function of
`said signal indicating said system operational state, said controller
`further configured to provide a signal to control said duty cycle of said
`power switch as a function of said output characteristic and in
`accordance with said command, thereby regulating an internal
`operating characteristic of said power converter to improve an
`operating efficiency thereof as a function of said system operational
`state.
`
`18.
`
`Claim 6 of the ’759 Patent reads:
`
`A power system coupled to a load, comprising:
`
`a power system controller configured to receive a signal indicating a
`system operational state of said load and to select a power converter
`operational state as a function thereof; and
`
`a power converter, including:
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 4 of 18
`
`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 5 of 18
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`a power switch configured to conduct for a duty cycle to
`provide a regulated output characteristic at an output thereof,
`and
`
` controller configured to receive a command from said power
`system controller to enter said power converter operational
`state and to provide a signal to control said duty cycle of said
`power switch as a function of said output characteristic and in
`accordance with said command, thereby regulating an internal
`operating characteristic of said power converter to improve an
`operating efficiency thereof as a function of said system
`operational state.
`
` a
`
`19.
`
`The ’759 Patent’s named inventors are Daniel A. Artusi, Ross Fosler, and Allen F.
`
`
`
`Rozman.
`
`20. MyPAQ owns all rights, title, and interests in and to the invention of the ’759 Patent
`
`and its underlying patent applications by written assignments recorded in the United States Patent and
`
`Trademark Office. On March 8, 2007, as recorded with the United States Patent and Trademark Office
`
`on April 18, 2007, Daniel A. Artusi, Ross Fosler, and Allen F. Rozman assigned their interests in the
`
`’759 Patent to ColdWatt, Inc. On April 7, 2008, as recorded with the United States Patent and
`
`Trademark Office on February 4, 2009, ColdWatt, Inc. merged with Flextronics International USA,
`
`Inc. In turn, Flextronics International USA, Inc. assigned its interests in the ’759 Patent to MyPAQ
`
`on March 26, 2021, as recorded with the United States Patent and Trademark Office on April 8, 2021.
`
`21.
`
`As a result, MyPAQ is the exclusive owner by assignment of all rights, title, and
`
`interests in the ’759 Patent, including the right to bring this suit for damages, and including the right
`
`to sue and recover all past, present, and future damages for infringement of the ’759 Patent.
`
`22.
`
`Defendants are not licensed to the ’759 Patent, either expressly or implicitly, nor do
`
`they enjoy or benefit from any rights in or to the ’759 Patent whatsoever.
`
`
`
`
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 5 of 18
`
`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 6 of 18
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`V. UNITED STATES PATENT NUMBER 8,477,514
`
`United States Patent Number 8,477,514 is titled “Power System with Power
`
`23.
`
`Converters Having an Adaptive Controller” and was filed on February 22, 2010. The ’514 Patent
`
`claims priority to United States Patent Application Number 11/607,325, which was filed on December
`
`1, 2006. A true and correct copy of the ’514 Patent is attached as Exhibit B and is publicly available at
`
`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=8477514.
`
`The ’514 Patent claims patent-eligible subject matter and is valid and enforceable.
`
`Claim 1 of the ’514 Patent reads:
`
`A power converter coupled to a load, comprising:
`
`
`a power switch configured to conduct for a duty cycle to provide an
`output characteristic at an output thereof; and
`
` a
`
` power converter controller configured to receive a signal from said
`load indicating a system operational state of said load and control an
`internal operating characteristic of said power converter as a function
`of said signal.
`
`Claim 2 of the ’514 Patent reads:
`
`The power converter as recited in claim 1 wherein said power converter controller is
`further configured to provide another signal to control said duty cycle of said power
`switch as a function of said output characteristic and in accordance with said signal.
`
`Claim 3 of the ’514 Patent reads:
`
`The power converter as recited in claim 1 wherein said power converter controller is
`configured to adjust said internal operating characteristic over a period of time.
`
`Claim 5 of the ’514 Patent reads:
`
`The power converter as recited in claim 1 wherein said internal operating
`characteristic is selected from the group consisting of:
`
`
`a gate drive voltage level of said power switch of said power converter,
`
` a
`
` switching frequency of said power converter, and
`
`
`an internal direct current bus voltage of said power converter.
`
`24.
`
`25.
`
`26.
`
`27.
`
`28.
`
`
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 6 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 7 of 18
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`
`
`29.
`
`The ’514 Patent’s named inventors are Daniel A. Artusi, Ross Fosler, and Allen F.
`
`Rozman.
`
`30. MyPAQ owns all rights, title, and interests in and to the invention of the ’514 Patent
`
`and its underlying patent applications by written assignments recorded with the United States Patent
`
`and Trademark Office. On April 7, 2008, as recorded with the United States Patent and Trademark
`
`Office on May 4, 2020, Flextronics International USA, Inc. merged with ColdWatt, Inc. In May and
`
`June 2008, Daniel A. Artusi, Ross Fosler, and Allen F. Rozman assigned their interests in the ’514
`
`Patent to ColdWatt, Inc., which had merged with Flextronics International USA, Inc. In turn,
`
`Flextronics International USA, Inc. assigned its interests in the ’514 Patent to MyPAQ on March 26,
`
`2021, as recorded with the United States Patent and Trademark Office on April 8, 2021.
`
`31.
`
`MyPAQ is the exclusive owner by assignment of all rights, title, and interests in the
`
`’514 Patent, including the right to bring this suit for damages, and including the right to sue and
`
`recover all past, present, and future damages for infringement of the ’514 Patent.
`
`32.
`
`Defendants are not licensed to the ’514 Patent, either expressly or implicitly, nor do
`
`they enjoy or benefit from any rights in or to the ’514 Patent whatsoever.
`
`VI. THE ACCUSED INSTRUMENTALITY
`
`33.
`
`Defendants manufacture, use, and sell infringing devices and products, including, but
`
`not limited to, power adapters and converters compatible with USB Type-C plugs, such as Dell part
`
`no. LA90PM170 (collectively “Accused Instrumentality”), which is pictured below:
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 7 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 8 of 18
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`
`
`VII. COUNT 1: DIRECT INFRINGEMENT OF THE ’759 PATENT
`
`All previous paragraphs are incorporated herein as if fully set forth herein.
`
`Defendants have directly infringed and continue to directly infringe the ’759 Patent
`
`34.
`
`35.
`
`under 35 U.S.C. §§ 271(a) and 271(g) by making, using, selling, offering to sell, and/or importing in
`
`or into the United States the Accused Instrumentality that practices the ’759 Patent.
`
`36.
`
`Upon information and belief, Defendants manufacture the Accused Instrumentality at
`
`facilities in China and possibly other countries. Defendants market, sell, offer to sell, and import the
`
`Accused Instrumentality in and into the United States.
`
`37.
`
`The Accused Instrumentality directly infringes each element of at least Claims 1 and 6
`
`of the ’759 Patent.
`
`38.
`
`For example, with respect to Claim 1 of the ’759 Patent, the Accused Instrumentality
`
`LA90PM170 is a power adapter/converter rated at 90 Watts that converts alternating current (“AC”)
`
`electrical power into direct current (“DC”) electrical power and includes a USB Type-C plug.
`
`39.
`
`The Accused Instrumentality LA90PM170 includes and is coupled to a power system
`
`controller that receives signals (e.g., Configuration Channel CC1 and Configuration Channel CC2)
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 8 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 9 of 18
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`indicating a system operational state of a load, which are listed in Table 3-4 of the Universal Serial Bus
`
`Type-C Cable and Connector Specification, Release 2.0 (August 2019):
`
`
`
`
`
`40.
`
`The Accused Instrumentality LA90PM170 includes a power switch identified as
`
`“Q050.” For at least one duty cycle thereof, the Q050 power switch conducts to provide a regulated
`
`output characteristic for a particular voltage/current requirement at the output, e.g., 5 volts at 0 amps,
`
`5 volts at 1 amp, 5 volts at 2 amp, 9 volts at 0 amps, 9 volts at 1 amp, 9 volts at 2 amps, 15 volts at 0
`
`amps, 15 volts at 1 amp, 15 volts at 2 amps, 20 volts at 0 amps, 20 volts at 1 amp, or 20 volts at 2
`
`amps. This regulated output characteristic is provided at the USB-C connector, e.g., at terminals
`
`identified as “B9 (VBUS),” “A4 (VBUS),” “B4 (VBUS),” and “A9 (VBUS).”
`
`41.
`
`The Accused Instrumentality LA90PM170 also includes a controller, e.g., ON
`
`Semiconductor part number NCP1937, which receives a command from the power system controller,
`
`identified as “QFB” in Table 1 of the NCP1937 datasheet:
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 9 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 10 of 18
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`
`
`42.
`
`The Accused Instrumentality’s QFB commands NCP1937 to enter a power converter
`
`
`
`operational state, e.g., increasing VBUS (DC bus voltage, an internal operating characteristic), as a
`
`function of the signal indicating the system operational state, e.g., Configuration Channel CC1 or
`
`Configuration Channel CC2.
`
`43.
`
`The Accused Instrumentality’s NCP1937 controller further provides signals, also
`
`identified as an internal operating characteristic, e.g., gate drive voltage “QDRV” in Table 1
`
`(reproduced above) of the datasheet mentioned above. This signal controls the duty cycle of the Q050
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 10 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 11 of 18
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`power switch as a function of the regulated output characteristic, and in accordance with the QFB
`
`command.
`
`44.
`
`As a result of regulating QDRV, the operating efficiency of the Accused
`
`Instrumentality is improved as a function of operational state, as illustrated below:
`
`
`
`45.
`
`Thus, in this example, each and every element of Claim 1 of the ’759 Patent is directly
`
`
`
`infringed by the Accused Instrumentality LA90PM170.
`
`VIII. COUNT 2: INDIRECT INFRINGEMENT OF THE ’759 PATENT
`
`46.
`
`47.
`
`All previous paragraphs are incorporated herein as if fully set forth herein.
`
`Defendants have indirectly infringed and continue to indirectly infringe the ’759 Patent
`
`under 35 U.S.C. § 271(b) by taking active steps to encourage, facilitate, aid, or otherwise cause direct
`
`infringement by others, including, but not limited to, the customers of their other products.
`
`48.
`
`Such active steps include, for example, Defendants’ advertising and marketing of the
`
`Accused Instrumentality, including on their website, as well as their advertising and marketing of
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 11 of 18
`
`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 12 of 18
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`products that require the Accused Instrumentality to function, including, but not limited to, the
`
`Latitude 5320 2-in-1 and the Latitude 5520:
`
`Dell, https://www.dell.com/en-us/work/shop/dell-laptops-and-notebooks/latitude-5320-laptop-
`
`or-2-in-1/spd/latitude-13-5320-2-in-1-laptop (last visited September 10, 2021).
`
`
`
`
`
`Dell,
`
`https://www.dell.com/en-us/work/shop/dell-laptops-and-notebooks/latitude-5520-
`
`laptop/spd/latitude-15-5520-laptop (last visited September 10, 2021).
`
`49.
`
`Defendants have known that their customers’ acts constituted direct infringement of
`
`at least one claim of the ’759 Patent since at least the date of service of this complaint.
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 12 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 13 of 18
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`50.
`
`As a result of Defendants’ active encouragement and intentional inducement, their
`
`customers have committed acts directly infringing the ’759 Patent.
`
`51.
`
`In addition to the foregoing and/or in the alternative, Defendants are liable as
`
`contributory infringers of the ’759 Patent under 35 U.S.C. § 271(c). Defendants have offered to sell
`
`and/or sold the Accused Instrumentality within the United States.
`
`52.
`
`For example, the Accused Instrumentality LA90PM170 was offered for sale, sold,
`
`and/or marketed by and through Defendants on their website:
`
`
`
`Dell,
`
`https://www.dell.com/en-us/shop/dell-adapter-90-watt-type-c-with-1m-power-cord-cus-
`
`kit/apd/492-bcbk/pc-accessories (last visited September 10, 2021).
`
`53.
`
` Such efforts resulted in the Accused Instrumentality being used. On information and
`
`belief, Defendants’ customers do not manufacture the Accused Instrumentality but instead purchase
`
`it from Defendants.
`
`54.
`
`Defendants have known the Accused Instrumentality to be infringing the ’759 Patent
`
`since at least the date of service of this complaint.
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 13 of 18
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`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 14 of 18
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`55.
`
`The Accused Instrumentality is not a staple article or a commodity of commerce
`
`suitable for substantial noninfringing use because it cannot be used without infringing the ’759 Patent.
`
`Thus, Defendants are liable as contributory infringers.
`
`IX. COUNT 3: DIRECT INFRINGEMENT OF THE ’514 PATENT
`
`All previous paragraphs are incorporated herein as if fully set forth herein.
`
`Defendants have directly infringed and continue to directly infringe the ’514 Patent
`
`56.
`
`57.
`
`under 35 U.S.C. §§ 271(a) and 271(g) by making, using, selling, offering to sell, and/or importing in
`
`or into the United States the Accused Instrumentality that practices the ’514 Patent.
`
`58.
`
`Upon information and belief, Defendants manufacture the Accused Instrumentality at
`
`facilities in China and possibly other countries. Defendants market, sell, offer to sell, and import the
`
`Accused Instrumentality in and into the United States.
`
`59.
`
`The Accused Instrumentality directly infringes each element of at least Claims 1, 2, 3,
`
`and 5 of the ’514 Patent.
`
`60.
`
`For example, with respect to Claim 1 of the ’514 Patent, the Accused Instrumentality
`
`LA90PM170 is a power adapter/converter rated at 90 Watts that converts AC electrical power into
`
`DC electrical power for a load coupled by a USB Type-C plug.
`
`61.
`
`The Accused Instrumentality LA90PM170 includes a power switch identified as
`
`“Q050.” For at least one duty cycle thereof, the Q050 power switch conducts to provide an output
`
`characteristic for a particular voltage/current requirement at the output, e.g., 5 volts at 0 amps, 5 volts
`
`at 1 amp, 5 volts at 2 amp, 9 volts at 0 amps, 9 volts at 1 amp, 9 volts at 2 amps, 15 volts at 0 amps,
`
`15 volts at 1 amp, 15 volts at 2 amps, 20 volts at 0 amps, 20 volts at 1 amp, or 20 volts at 2 amps. This
`
`output characteristic is provided at the USB-C connector, e.g., at terminals identified as “B9 (VBUS),”
`
`“A4 (VBUS),” “B4 (VBUS),” and “A9 (VBUS).”
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 14 of 18
`
`

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`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 15 of 18
`
`62.
`
`The Accused Instrumentality LA90PM170 includes a power converter controller, e.g.,
`
`ON Semiconductor part number NCP1937, which receives signals (e.g., Configuration Channel CC1
`
`and Configuration Channel CC2) from the load indicating a system operational state of the load, which
`
`are listed in Table 3-4 of the Universal Serial Bus Type-C Cable and Connector Specification, Release
`
`2.0 (August 2019) (reproduced above).
`
`63.
`
`The NCP1937 controller further controls internal operating characteristics of the
`
`Accused Instrumentality LA90PM170, e.g., gate drive voltage “QDRV” in Table 1 of the datasheet
`
`referenced above and DC bus voltage “VBUS,” as a function of the signals (e.g., Configuration
`
`Channel CC1 and Configuration Channel CC2).
`
`64.
`
`Thus, in this example, each and every element of Claim 1 of the ’514 Patent is directly
`
`infringed by the Accused Instrumentality LA90PM170.
`
`
`
`X. COUNT 4: INDIRECT INFRINGEMENT OF THE ’514 PATENT
`
`65.
`
`66.
`
`All previous paragraphs are incorporated herein as if fully set forth herein.
`
`Defendants have indirectly infringed and continue to indirectly infringe the ’514 Patent
`
`under 35 U.S.C. § 271(b) by taking active steps to encourage, facilitate, aid, or otherwise cause direct
`
`infringement by others, including, but not limited to, the customers of their other products.
`
`67.
`
`Such active steps include, for example, Defendants’ advertising and marketing of the
`
`Accused Instrumentality, including on their website, as well as their advertising and marketing of
`
`products that require the Accused Instrumentality to function, including, but not limited to, the
`
`Latitude 5320 2-in-1 and the Latitude 5520, as pictured in paragraph 48.
`
`68.
`
`Defendants have known that their customers’ acts constituted direct infringement of
`
`at least one claim of the ’514 Patent since at least the date of service of this complaint.
`
`69.
`
`As a result of Defendants’ active encouragement and intentional inducement, their
`
`customers have committed acts directly infringing the ’514 Patent.
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 15 of 18
`
`

`

`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 16 of 18
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`70.
`
`In addition to the foregoing and/or in the alternative, Defendants are liable as
`
`contributory infringers of the ’514 Patent under 35 U.S.C. § 271(c). Defendants have offered to sell
`
`and/or sold the Accused Instrumentality within the United States.
`
`71.
`
`For example, the Accused Instrumentality LA90PM170 was offered for sale, sold,
`
`and/or marketed by and through Defendants on their website, as pictured in paragraph 52.
`
`72.
`
`Such efforts resulted in the Accused Instrumentality being used. On information and
`
`belief, Defendants’ customers do not manufacture the Accused Instrumentality but instead purchase
`
`it from Defendants.
`
`73.
`
`Defendants have known the Accused Instrumentality to be infringing the ’514 Patent
`
`since at least the date of service of this complaint.
`
`74.
`
`The Accused Instrumentality is not a staple article or a commodity of commerce
`
`suitable for substantial noninfringing use because it cannot be used without infringing the ’514 Patent.
`
`Thus, Defendants are liable as contributory infringers.
`
`XI. JURY DEMAND
`
`75.
`
`Plaintiff hereby demands a trial by jury on all issues so triable.
`
`XII. PRAYER FOR RELIEF
`
`76.
`
`Plaintiff requests the following relief:
`
`A.
`
`A judgment that Defendants have directly and indirectly infringed, either
`
`literally and/or under the doctrine of equivalents and/or contributorily and/or by inducing
`
`others to infringe, and continue to directly and indirectly infringe the Patents;
`
`B.
`
`A judgment and order requiring Defendants to pay Plaintiff damages under
`
`35 U.S.C. § 284, and supplemental damages for any continuing post-verdict infringement
`
`through entry of the final judgment with an accounting as needed;
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 16 of 18
`
`

`

`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 17 of 18
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`C.
`
`A judgment that this is an exceptional case within the meaning of 35 U.S.C.
`
`§ 285 and Plaintiff is therefore entitled to reasonable attorneys’ fees;
`
`D.
`
`A judgment and order requiring Defendants to pay Plaintiff pre-judgment and
`
`post-judgment interest on the damages awarded;
`
`E.
`
`F.
`
`G.
`
`A judgment and order awarding a compulsory ongoing royalty;
`
`A judgment and order awarding Plaintiff costs associated with this action; and
`
`Such other and further relief as the Court deems just and equitable.
`
`
`
`
`
`
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 17 of 18
`
`

`

`Case 6:21-cv-00933-ADA Document 1 Filed 09/10/21 Page 18 of 18
`
`Dated: September 10, 2021
`
`
`Respectfully submitted,
`
`
`
`By: /s/ Charles Ainsworth
`
`
`Charles Ainsworth (Texas 00783521)
`Robert Christopher Bunt (Texas 00787165)
`PARKER, BUNT & AINSWORTH, P.C.
`100 E. Ferguson, Suite 418
`Tyler, Texas 75702
`Tel: (903) 531-3535
`charley@pbatyler.com
`rcbunt@pbatyler.com
`
`Alfonso G. Chan (Texas 24012408)
`Michael W. Shore (Texas 18294915)
`Samuel E. Joyner (Texas 24036865)
`Halima Shukri Ndai (Texas 24105486)
`SHORE CHAN LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Tel: (214) 593-9110
`Fax: (214) 593-9111
`achan@shorechan.com
`mshore@shorechan.com
`sjoyner@shorechan.com
`hndai@shorechan.com
`
`Brian D. Melton (Texas 24010620)
`Krisina J. Zuñiga (Texas 24098664)
`SUSMAN GODFREY LLP
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Tel: (713) 651-9366
`Fax: (713) 654-6666
`bmelton@susmangodfrey.com
`kzuniga@susmangodfrey.com
`
`Steven M. Shepard (New York 5291232)
`SUSMAN GODFREY LLP
`1301 Avenue of the Americas, 32nd Floor
`New York, New York 10019
`Tel: (212) 336-8330
`Fax: (212) 336-8340
`sshepard@susmangodfrey.com
`
`COUNSEL FOR PLAINTIFF
`MYPAQ HOLDINGS LTD.
`
`
`
`
`MyPAQ, Exhibit 2003
`IPR2022-00311
`Page 18 of 18
`
`