Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 1 of 52 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`(MARSHALL DIVISION)
`
`
`
`
`BISHOP DISPLAY TECH LLC,
`
`
`Plaintiff,
`
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; and SAMSUNG DISPLAY CO., LTD.,
`A KOREAN CORPORATION
`
`
`
`
`
`C.A. No. 2:21-cv-139
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Bishop Display Tech LLC (“Bishop” or “Plaintiff”) files this Original Complaint
`
`against Defendants Samsung Electronics Co., Ltd. (“SEC”), Samsung Electronics America, Inc.
`
`(“SEA”), and Samsung Display Co., Ltd. (“SDC”) (collectively “Samsung” or “Defendants”) for
`
`infringement of U.S. Patent No. 6,819,377 (the “’377 patent”), U.S. Patent No. 6,822,706 (the
`
`“’706 patent”), U.S. Patent No. 7,583,347 (the “’347 patent”), U.S. Patent No. 7,995,047 (the
`
`“’047 patent”), U.S. Patent No. 8,093,830 (the “’830 patent”), and U.S. Patent No. 8,016,449 (the
`
`“’449 patent”) (collectively, the “Asserted Patents”).
`
`THE PARTIES
`
`Plaintiff is a Texas limited liability company with its principal place of business in
`
`
`1.
`
`the Eastern District of Texas.
`
`2.
`
`On information and belief, SEC is a company organized and existing under the laws
`
`of the Republic of Korea with its principal place of business located at 129 Samsung-ro,
`
`Yeongtong-gu, Suwon-si, Gyeonggi-do, 443-742 in the Republic of Korea. SEC may be served at
`
`least by process under the Hague Convention.
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`1
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`SAMSUNG, EXH. 1029, P. 1
`
`

`

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`3.
`
`On information and belief, SEA does business in the State of Texas and in the
`
`Eastern District of Texas, is a New York corporation with its principal place of business at 85
`
`Challenger Road, Ridgefield Park, New Jersey 07660 and is a wholly-owned subsidiary of SEC.
`
`SEA has a business location in this District at 6625 Excellence Way, Plano, TX. 75023. SEA may
`
`be served in Texas at least via its registered agent, CT Corporation System, 1999 Bryan Street,
`
`Suite 900, Dallas, Texas 75201.
`
`4.
`
`On information and belief, SDC is a Korean corporation, and wholly-owned
`
`subsidiary of SEC, with its principal place of business located at 1, Samsung-ro, Giheung-gu,
`
`Yongin-si, Gyeonggi-Do, in the Republic of Korea.
`
`5.
`
`Defendant SDC makes and supplies displays incorporated into the accused
`
`products. Defendants SEC and SEA make and supply the accused products.
`
`6.
`
`Upon information and belief, SEC, SDC, and SEA, along with other foreign and
`
`U.S.-based subsidiaries (which act as part of a global network of overseas sales and manufacturing
`
`subsidiaries on behalf of SEC) have operated as agents of one another and vicariously as parts of
`
`the same business group to work in concert together and enter into agreements that are nearer than
`
`arm’s length. For example, SEC (and SDC), alone and via at least SEA’s activities, conducts
`
`business in the United States, including importing, distributing, and selling the accused display
`
`products that incorporate devices, systems, and processes that infringe the Asserted Patents in
`
`Texas and this judicial district. See Trois v. Apple Tree Auction Center, Inc., 882 F.3d 485, 490
`
`(5th Cir. 2018) (“A defendant may be subject to personal jurisdiction because of the activities of
`
`its agent within the forum state….”); see also Cephalon, Inc. v. Watson Pharmaceuticals, Inc., 629
`
`F. Supp. 2d 338, 348 (D. Del. 2009) (“The agency theory may be applied not only to parents and
`
`subsidiaries, but also to companies that are ‘two arms of the same business group,’ operate in
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`2
`
`SAMSUNG, EXH. 1029, P. 2
`
`

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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 3 of 52 PageID #: 3
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`concert with each other, and enter into agreements with each other that are nearer than arm’s
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`length.”).
`
`7.
`
`Through offers to sell, sales, imports, distributions, and other related agreements to
`
`transfer ownership of SEC accused display products with distributors and customers operating in
`
`and maintaining a significant business presence in the U.S. and/or its U.S. subsidiary SEA, SEC
`
`and SDC do business in the U.S., the state of Texas, and in the Eastern District of Texas.
`
`JURISDICTION AND VENUE
`
`This action arises under the patent laws of the United States, namely 35 U.S.C. §§
`
`
`8.
`
`271, 281, and 284-285, amongst others.
`
`9.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`10. With respect to SEC, venue is proper in this judicial district pursuant to 28 U.S.C.
`
`§§ 1391(c). SEC and SDC are foreign entities and may be sued in any judicial district under 28
`
`U.S.C. § 1391(c)(3).
`
`11. With respect to SEA, venue is proper in this District under 28 U.S.C. § 1400(b). On
`
`information and belief, SEA has committed acts of infringement in the District and/or has induced
`
`acts of patent infringement by others in this District and has a regular and established place of
`
`business within the District. For example, Samsung has offices at 6625 Excellence Way, Plano,
`
`TX. 75023.
`
`12.
`
`On information and belief, each Defendant is subject to this Court’s specific and
`
`general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
`
`least to its substantial business in this State and judicial district, including: (A) performing at least
`
`part of its infringing activities alleged herein; and (B) regularly doing or soliciting business,
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`3
`
`SAMSUNG, EXH. 1029, P. 3
`
`

`

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`engaging in other persistent conduct, and/or deriving substantial revenue from goods sold and
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`services provided to Texas residents vicariously through and/or in concert with its alter egos,
`
`intermediaries, agents, distributors, importers, customers, subsidiaries, and/or consumers.
`
`Defendants have placed and continue to place infringing products, such as televisions, displays,
`
`monitors, and other display devices, into the stream of commerce via an established distribution
`
`channel with the knowledge and/or intent that those products were sold and continue to be sold in
`
`the United States and Texas, including in this District.
`
`13.
`
`On information and belief, Defendants have significant ties to, and presence in, the
`
`State of Texas and the Eastern District of Texas, making venue in this judicial district both proper
`
`and convenient for this action. For Defendants SDC and SEC, venue is proper as to a foreign
`
`defendant in any district. Defendant SEA has regular and established places of business in this
`
`district at: 1301 East Lookout Drive, Richardson, Texas 75080; and 6635 Declaration Drive, Plano,
`
`TX 75023.
`
`14.
`
`15.
`
`COUNT I
`(Infringement of U.S. Patent No. 6,819,377)
`
`Plaintiff incorporates paragraphs 1 through 13 herein by reference.
`
`This cause of action arises under the patent laws of the United States, and in
`
`particular, 35 U.S.C. §§ 271, et seq.
`
`16.
`
`Plaintiff is the owner of the ’377 patent with all substantial rights to the ’377 patent
`
`including the exclusive right to enforce, sue, and recover damages for past infringement.
`
`17.
`
`The ’377 patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`4
`
`SAMSUNG, EXH. 1029, P. 4
`
`

`

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`DIRECT INFRINGEMENT (35 U.S.C. §271(a))
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`18.
`
`Defendants infringed literally, and/or under the Doctrine of Equivalents, one or
`
`more claims of the ’377 patent in this judicial district and elsewhere in Texas and the United States.
`
`19.
`
`On information and belief, Defendants, either by themselves (individually and/or
`
`in concert) and/or via an agent, infringed literally, and/or under the Doctrine of Equivalents,
`
`infringed at least claim 1 of the ’377 patent by, among other things, making, using, selling, offering
`
`for sale, and/or importing products, such as televisions, that satisfy the limitations of claim 1.
`
`Further, SEC is vicariously liable for this infringing conduct of SDC and/or SEA, as well as other
`
`related Samsung entities, and affiliates, (under both the alter ego and agency theories) because, as
`
`an example and upon information and belief, SEC, SDC, and SEA are essentially the same
`
`company, and SEC has the right and ability to control SDC’s and SEA’s infringing acts and
`
`receives a direct financial benefit from SEA’s and SDC’s infringement.
`
`20.
`
`The products accused of infringing the ’377 patent comprise a liquid crystal display
`
`device. For example, the QN55 includes an LCD display and LCM label.1
`
`
`The products accused of infringing the ’377 patent comprise a liquid crystal panel
`
`21.
`
`comprising liquid crystal cells, a first plate disposed on a displaying side of the cells, and a second
`
`plate disposed on a reverse side of the cells. For example, an examination of the QN55 television
`
`demonstrates this as shown in the below paragraphs:
`
`
`1 For each count in this Original Complaint, the various images in each paragraph for each count demonstrate the
`representative infringement.
`5
`PLAINTIFF’S ORIGINAL COMPLAINT
`
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`SAMSUNG, EXH. 1029, P. 5
`
`

`

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`The products accused of infringing the ’377 patent comprise a liquid crystal driver
`
`22.
`
`electrically connected with the liquid crystal panel through a circuit pattern. An examination of the
`
`QN55 television demonstrates this:
`
`
`The products accused of infringing the ’377 patent comprise a light shielding
`
`23.
`
`material disposed adjacent said liquid crystal driver so as to prevent an outer light from being
`
`incident to said liquid crystal driver. An examination of the QN55 television demonstrates this:
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`6
`
`SAMSUNG, EXH. 1029, P. 6
`
`

`

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`The products accused of infringing the ’377 patent comprise a film carrier
`
`24.
`
`comprising said circuit pattern formed on a resin film. An examination of the QN55 television
`
`demonstrates this:
`
`
`The products accused of infringing the ’377 patent are configured such that the
`
`25.
`
`liquid crystal driver is mounted on the liquid crystal panel by a light shielding resin disposed on
`
`said liquid crystal panel so as to cover one end of the film carrier and a side surface of said liquid
`
`crystal driver. An examination of the QN55 television demonstrates this:
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`7
`
`SAMSUNG, EXH. 1029, P. 7
`
`

`

`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 8 of 52 PageID #: 8
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`At a minimum, Defendants have known of the ’377 patent at least as early as the
`
`26.
`
`service date of this original complaint. Further, on information and belief, Defendants have known
`
`of the ’377 patent at least as early as the filing date of the original complaint. Each Defendant is
`
`liable for these infringements of the ’377 patent pursuant to 35 U.S.C. § 271.
`
`27.
`
`Plaintiff has been damaged as a result of Defendants’ infringing conduct described
`
`in this Count. Defendants are, thus, liable to Plaintiff in an amount that adequately compensates
`
`Plaintiff for Defendants’ infringements, which, by law, cannot be less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`28.
`
`Plaintiff has complied with the requirements of 35 U.S.C. § 287, to the extent
`
`necessary and/or applicable, and is entitled to collect pre- and post-filing damages for Defendants’
`
`infringements of the ’377 patent.
`
`COUNT II
`(Infringement of U.S. Patent No. 6,822,706)
`
`29.
`
`30.
`
`Plaintiff incorporates paragraphs 1 through 28 herein by reference.
`
`This cause of action arises under the patent laws of the United States, and in
`
`particular, 35 U.S.C. §§ 271, et seq.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`8
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`SAMSUNG, EXH. 1029, P. 8
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`

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`31.
`
`Plaintiff is the owner of the ’706 patent with all substantial rights to the ’706 patent
`
`including the exclusive right to enforce, sue, and recover damages for past and future infringement.
`
`32.
`
`The ’706 patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`DIRECT INFRINGEMENT (35 U.S.C. §271(a))
`
`33.
`
`Defendants infringed one or more claims of the ’706 patent in this judicial district
`
`and elsewhere in Texas and the United States.
`
`34.
`
`On information and belief, Defendants, either by themselves (individually and/or
`
`in concert) and/or via an agent, infringed literally, and/or under the Doctrine of Equivalents,
`
`infringed at least claim 1 of the ’706 patent by, among other things, making, using, selling, offering
`
`for sale, and/or importing products, such as televisions, that satisfy the limitations of claim 1.
`
`Further, SEC is vicariously liable for this infringing conduct of SDC and/or SEA, as well as other
`
`related Samsung entities, and affiliates, (under both the alter ego and agency theories) because, as
`
`an example and upon information and belief, SEC, SDC, and SEA are essentially the same
`
`company, and SEC has the right and ability to control SDC’s and SEA’s infringing acts and
`
`receives a direct financial benefit from SEA’s and SDC’s infringement.
`
`35.
`
`The products accused of infringing the ’706 patent comprise a liquid crystal display
`
`panel. For example, the QN55 includes an LCD display panel and LCM label.
`
`
`The products accused of infringing the ’706 patent comprise a liquid crystal panel
`
`36.
`
`comprising liquid crystal cells, a first plate disposed on a displaying side of the cells, and a second
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`9
`
`SAMSUNG, EXH. 1029, P. 9
`
`

`

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`plate disposed on a reverse side of the cells. For example, an examination of the QN55 television
`
`demonstrates this:
`
`
`The products accused of infringing the ’706 patent comprise a liquid crystal driver
`
`37.
`
`electrically connected with the liquid crystal panel through a circuit pattern. An examination of the
`
`QN55 television demonstrates this:
`
`
`The products accused of infringing the ’706 patent comprise a first light shielding
`
`38.
`
`material disposed adjacent a face of said liquid crystal driver so as to prevent an outer light from
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`10
`
`SAMSUNG, EXH. 1029, P. 10
`
`

`

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`being incident to said liquid crystal driver. An examination of the QN55 television demonstrates
`
`this:
`
`
`The products accused of infringing the ’706 patent comprise a second light
`
`39.
`
`shielding material disposed adjacent an opposite face of said liquid crystal driver so as to prevent
`
`an outer light from being incident to said liquid crystal driver. An examination of the QN55
`
`television demonstrates this:
`
`
`The products accused of infringing the ’706 patent comprise a diffusion sheet
`
`40.
`
`located adjacent said liquid crystal display panel. An examination of the QN55 television
`
`demonstrates this:
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`11
`
`SAMSUNG, EXH. 1029, P. 11
`
`

`

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`The products accused of infringing the ’706 patent are configured such that the
`
`41.
`
`diffusion sheet comprises a light diffusing area and a light absorbing area located on the outer
`
`periphery thereof, the light diffusing area serving to diffuse illumination light from a light source
`
`to the liquid crystal display panel, and the light absorbing area serving to absorb the extraneous
`
`light incident on said liquid crystal driver. For example, the QN55 includes a light diffusing area
`
`that diffuses diffuse illumination light from a light source to the liquid crystal display panel. The
`
`QN55 also includes a light absorbing area that absorbs the extraneous light incident on said liquid
`
`crystal driver. An examination of the QN55 television demonstrates this:
`
`
`At a minimum, Defendants have known of the ’706 patent at least as early as the
`
`42.
`
`service date of this original complaint. Further, on information and belief, Defendants have known
`12
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`SAMSUNG, EXH. 1029, P. 12
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`

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`of the ’706 patent at least as early as the filing date of the original complaint. In addition,
`
`Defendants have known about the ʼ706 patent since at least July 29, 2020, when Defendants
`
`received notice of its infringement.
`
`INDIRECT INFRINGEMENT (35 U.S.C. §271(b))
`
`43.
`
`Based on the information presently available to Plaintiff, absent discovery,
`
`Defendants have also indirectly infringed one or more claims of the ʼ706 patent by inducing
`
`infringement, including, at least, the importation and sale of products that, as set forth above,
`
`infringe the ʼ706 patent. For example, Defendants induce and have induced the importation and
`
`sale of products accused of infringing the ʼ706 patent (e.g., QN55) by retailers. Further, SEC and/or
`
`SDC also induce and have induced the importation and sale of products accused of infringing the
`
`ʼ706 patent (e.g., QN55) by SEA.
`
`44.
`
`Defendants have known of the ’706 patent and its infringement at least as early as
`
`the service date of this complaint. Further, on information and belief, Defendants have known of
`
`the ’706 patent and its infringement at least as early as the filing date of the original complaint. In
`
`addition, Defendants have known about the ʼ706 patent since at least July 29, 2020, when
`
`Defendants received notice of the ’706 patent and its infringement.
`
`45.
`
`On information and belief, despite having knowledge of the ’706 patent and its
`
`infringement, Defendants specifically intended for retailers to import and sell products accused of
`
`infringing the ʼ706 patent. Further, SEC and/or SDC specifically intended for SEA to import and
`
`sell products accused of infringing the ʼ706 patent. On information and belief, Defendants instruct
`
`and encourage the importers to import and/or sell products accused of infringing the ʼ706 patent.
`
`On information and belief, the purchase and sale agreements between Defendants and the
`
`importers provide such instruction and/or encouragement. Further, on information and belief, SEA
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`13
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`SAMSUNG, EXH. 1029, P. 13
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`

`

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`exists for inter alia, the purpose of importing and selling products accused of infringing the ʼ706
`
`patent in the United States.
`
`46.
`
`Upon information and belief, despite having knowledge of the ’706 patent and
`
`knowledge that it is directly and/or indirectly infringing one or more claims of the ’706 patent,
`
`Defendants have nevertheless continued its infringing conduct and disregarded an objectively high
`
`likelihood of infringement. Defendants’ infringing activities relative to the ’706 patent have been,
`
`and continue to be, willful, wanton, malicious, in bad-faith, deliberate, consciously wrongful,
`
`flagrant, and an egregious case of misconduct beyond typical infringement such that Plaintiff is
`
`entitled under 35 U.S.C. § 284 to enhanced damages up to three times the amount found or
`
`assessed.
`
`47.
`
`Each Defendant is liable for these infringements of the ’706 patent pursuant to 35
`
`U.S.C. § 271.
`
`48.
`
`Plaintiff has been damaged as a result of Defendants’ infringing conduct described
`
`in this Count. Defendants are, thus, liable to Plaintiff in an amount that adequately compensates
`
`Plaintiff for Defendants’ infringements, which, by law, cannot be less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`49.
`
`Plaintiff has complied with the requirements of 35 U.S.C. § 287, to the extent
`
`necessary and/or applicable, and is entitled to collect pre- and post-filing damages for Defendants’
`
`infringements of the’706 patent.
`
`COUNT III
`(Infringement of U.S. Patent No. 7,583,347)
`
`50.
`
`51.
`
`Plaintiff incorporates paragraphs 1 through 48 herein by reference.
`
`This cause of action arises under the patent laws of the United States, and in
`
`particular, 35 U.S.C. §§ 271, et seq.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`14
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`SAMSUNG, EXH. 1029, P. 14
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`

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`52.
`
`Plaintiff is the owner of the ’347 patent with all substantial rights to the ’347 patent
`
`including the exclusive right to enforce, sue, and recover damages for past infringement.
`
`53.
`
`The ’347 patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`DIRECT INFRINGEMENT (35 U.S.C. §271(a))
`
`54.
`
`Defendants have, and continue to, infringe one or more claims of the ’347 patent in
`
`this judicial district and elsewhere in Texas and the United States.
`
`55.
`
`On information and belief, Defendants, either by themselves (individually and/or
`
`in concert) and/or via an agent, infringed literally, and/or under the Doctrine of Equivalents,
`
`infringe at least claim 1 of the ’347 patent by, among other things, making, using, selling, offering
`
`for sale, and/or importing products, such as televisions, that satisfy the limitations of claim 1.
`
`Further, SEC is vicariously liable for this infringing conduct of SDC and/or SEA, as well as other
`
`related Samsung entities, and affiliates, (under both the alter ego and agency theories) because, as
`
`an example and upon information and belief, SEC, SDC, and SEA are essentially the same
`
`company, and SEC has the right and ability to control SDC’s and SEA’s infringing acts and
`
`receives a direct financial benefit from SEA’s and SDC’s infringement.
`
`56.
`
`The products accused of infringing the ’347 patent comprise a liquid crystal display.
`
`For example, the QN55 includes an LCD display and LCM label.
`
`
`The products accused of infringing the ’347 patent comprise a liquid crystal panel
`
`57.
`
`including an array substrate having an upper surface on which a common electrode, a pixel
`
`electrode, a scanning signal line, a video signal line, and a semiconductor switching device are
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`15
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`SAMSUNG, EXH. 1029, P. 15
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`

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`formed, an opposing substrate disposed so as to be opposite to the upper surface of the array
`
`substrate, and a liquid crystal layer disposed between the array substrate and the opposing
`
`substrate. An examination of the QN55 television demonstrates this:
`
`
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`16
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`SAMSUNG, EXH. 1029, P. 16
`
`

`

`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 17 of 52 PageID #: 17
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`Scanning signal lines
`
`Common wiring
`scanning lines
`
`
`
`
`
`
`The products accused of infringing the ’347 patent comprise a reflecting face
`
`58.
`
`formed below the liquid crystal panel, wherein a light reflected on the reflecting face is transmitted
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`17
`
`SAMSUNG, EXH. 1029, P. 17
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 18 of 52 PageID #: 18
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`through the liquid crystal panel. The configuration of the products accused of infringing the ’347
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`patent is such that light reflected on the reflecting face is transmitted through the liquid crystal
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`panel (the reflecting face is beneath the diffuser in the below illustration). An examination of the
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`QN55 television demonstrates this:
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`59.
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`The products accused of infringing the ’347 patent are configured such that at least
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`one electrode of the common electrode and the pixel electrode is constituted by an electrode
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`portion and a wiring portion. For example, the pixel electrode is constituted by an electrode portion
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`and a wiring portion. An examination of the QN55 television demonstrates this:
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`18
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`SAMSUNG, EXH. 1029, P. 18
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 19 of 52 PageID #: 19
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`60.
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`The products accused of infringing the ’347 patent are configured such that the
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`electrode portion is at least partially constituted by a transparent electric conductor. For example,
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`the pixel electrode is transparent. An examination of the QN55 television demonstrates this:
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`The products accused of infringing the ’347 patent are configured such that the
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`61.
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`electrode portion is formed in a layer separated by an insulating layer from a layer in which the
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`scanning signal line is formed and the wiring portion is formed in the layer in which the scanning
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`signal line is formed. On information and belief, the products accused of infringing the ’347 patent,
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`including the QN55, are arranged such that the pixel electrode is above the scanning line and
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`surrounded by an insulating layer. An examination of the QN55 television demonstrates this:
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`19
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`SAMSUNG, EXH. 1029, P. 19
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 20 of 52 PageID #: 20
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`At a minimum, Defendants have known of the ’347 patent at least as early as the
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`62.
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`service date of this original complaint. Further, on information and belief, Defendants have known
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`of the ’347 patent at least as early as the filing date of the original complaint. In addition,
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`Defendants have known about the ’347 patent since at least July 29, 2020, when Defendants
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`received notice of its infringement.
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`63.
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`Upon information and belief, despite having knowledge of the ’347 patent and
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`knowledge that it is directly and/or indirectly infringing one or more claims of the ’347 patent,
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`Defendants have nevertheless continued its infringing conduct and disregarded an objectively high
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`likelihood of infringement. Defendants’ infringing activities relative to the ’347 patent have been,
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`and continue to be, willful, wanton, malicious, in bad-faith, deliberate, consciously wrongful,
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`flagrant, and an egregious case of misconduct beyond typical infringement such that Plaintiff is
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`entitled under 35 U.S.C. § 284 to enhanced damages up to three times the amount found or
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`assessed.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`20
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`SAMSUNG, EXH. 1029, P. 20
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 21 of 52 PageID #: 21
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`INDIRECT INFRINGEMENT (35 U.S.C. §271(b))
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`64.
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`Based on the information presently available to Plaintiff, Defendants have also
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`indirectly infringed one or more claims of the ’347 patent by inducing infringement, including, at
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`least, the importation and sale of products that, as set forth above, infringe the ’347 patent. For
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`example, Defendants induce and have induced the importation and sale of products accused of
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`infringing the ’347 patent (e.g., QN55) by retailers. Further, SEC and/or SDC also induce and have
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`induced the importation and sale of products accused of infringing the ’347 patent (e.g., QN55) by
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`SEA.
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`65.
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`Defendants have known of the ’347 patent and its infringement at least as early as
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`the service date of this complaint. Further, on information and belief, Defendants have known of
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`the ’347 patent and its infringement at least as early as the filing date of the original complaint. In
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`addition, Defendants have known about the ’347 patent since at least July 29, 2020, when
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`Defendants received notice of the ’347 patent and its infringement.
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`66.
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`On information and belief, despite having knowledge of the ’347 patent and its
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`infringement, Defendants specifically intended for retailers to import and sell products accused of
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`infringing the ’347 patent. Further, SEC and/or SDC specifically intended for SEA to import and
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`sell products accused of infringing the ’347 patent. On information and belief, Defendants instruct
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`and encourage the importers to import and/or sell products accused of infringing the ’347 patent.
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`On information and belief, the purchase and sale agreements between Defendants and the
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`importers provide such instruction and/or encouragement. Further, on information and belief, SEA
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`exists for inter alia, the purpose of importing and selling products accused of infringing the ’347
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`patent in the United States.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`21
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`SAMSUNG, EXH. 1029, P. 21
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 22 of 52 PageID #: 22
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`67.
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`Each Defendant is liable for these infringements of the ’347 patent pursuant to 35
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`U.S.C. § 271.
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`68.
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`Plaintiff has been damaged as a result of Defendants’ infringing conduct described
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`in this Count. Defendants are, thus, liable to Plaintiff in an amount that adequately compensates
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`Plaintiff for Defendants’ infringements, which, by law, cannot be less than a reasonable royalty,
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`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`69.
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`Plaintiff has complied with the requirements of 35 U.S.C. § 287, to the extent
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`necessary and/or applicable, and is entitled to collect pre- and post-filing damages for Defendants’
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`infringements of the’347 patent.
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`COUNT IV
`(Infringement of U.S. Patent No. 7,995,047)
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`70.
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`71.
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`Plaintiff incorporates paragraphs 1 through 68 herein by reference.
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`This cause of action arises under the patent laws of the United States, and in
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`particular, 35 U.S.C. §§ 271, et seq.
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`72.
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`Plaintiff is the owner of the ’047 patent with all substantial rights to the ’047 patent
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`including the exclusive right to enforce, sue, and recover damages for past and future infringement.
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`73.
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`The ’047 patent is valid, enforceable and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`DIRECT INFRINGEMENT (35 U.S.C. §271(a))
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`74.
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`Defendants have, and continue to, infringe one or more claims of the ’047 patent in
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`this judicial district and elsewhere in Texas and the United States.
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`75.
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`On information and belief, Defendants, either by themselves (individually and/or
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`in concert) and/or via an agent, infringed literally, and/or under the Doctrine of Equivalents,
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`infringe at least claim 1 of the ’047 patent by, among other things, making, using, selling, offering
`22
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`SAMSUNG, EXH. 1029, P. 22
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 23 of 52 PageID #: 23
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`for sale, and/or importing products, such as televisions, that satisfy the limitations of claim 1.
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`Further, SEC is vicariously liable for this infringing conduct of SDC and/or SEA, as well as other
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`related Samsung entities, and affiliates, (under both the alter ego and agency theories) because, as
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`an example and upon information and belief, SEC, SDC, and SEA are essentially the same
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`company, and SEC has the right and ability to control SDC’s and SEA’s infringing acts and
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`receives a direct financial benefit from SEA’s and SDC’s infringement.
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`76.
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`The products accused of infringing the ’047 patent comprise a current driving
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`device. For example, the QN55 includes an LCD display, which drives a current, and LCM label.
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`The products accused of infringing the ’047 patent comprise a first voltage supply
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`77.
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`source for supplying a first voltage. An examination of the QN55 television demonstrates this:
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`The products accused of infringing the ’047 patent comprise a first current supply
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`78.
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`source for supplying a first electric current. An examination of the QN55 television demonstrates
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`23
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`SAMSUNG, EXH. 1029, P. 23
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`Case 2:21-cv-00139-JRG Document 1 Filed 04/20/21 Page 24 of 52 PageID #: 24
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`a first current of 4.2 amps comes from a first voltage of 35.2 volts which is from the secondary
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`side of the transformer circuits in the external power adapter:
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`The products accused of infringing the ’047 patent comprise a plurality of output
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`79.
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`terminals. An examination of the QN55 television demonstrates this:
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`The products accused of infringing the ’047 patent comprise a plurality of current
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`80.
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`output circuits for outputting an electric current in accordance wit