Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 1 of 12 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`
`Case No.
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`
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`VILLAGE GREEN TECHNOLOGIES, LLC,
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`PO Box 201
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`Mountain View, CA 94042
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`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD,
`129 Samseong-ro, Yeongtong-gu Gyeonggi-do 16677
`Suwon-Shi, Republic of Korea (South)
`
`
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
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`a corporation,
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`6625 Excellence Way
`
`Plano, TX 75023
`
`
`
`
`
`
`vs.
`
`Plaintiff,
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`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`AND DEMAND FOR JURY TRIAL
`
`
`COMES NOW, Plaintiff Village Green Technologies, LLC (“Village Green” or “Plaintiff”), by
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`and through its counsel, David Moore and Carl Brundidge of Brundidge & Stanger, P.C., and
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`hereby files this Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung
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`Electronics” or “Defendant”) and Samsung Electronics America, Inc. (“Samsung Electronics
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`America” or Defendant”) (collectively or “Samsung” or “Defendants”).
`
`
`For its Complaint against Defendants, Plaintiff alleges as follows:
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`
`THE PARTIES
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`1.
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`Village Green is a limited liability company organized and existing under the laws of the
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`state of California, with a mailing address of PO Box 201, Mountain View, California 94042.
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`

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`2.
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`Samsung Electronics is company organized and existing under the laws of the Republic
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`of Korea, with a principal place of business at 129 Samseong-ro, Yeongtong-gu Gyeonggi-do
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`16677 Suwon-Shi, Republic of Korea (South).
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`3.
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`Samsung Electronics America is a wholly owned subsidiary of Samsung Electronics, is a
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`corporation organized and existing under the laws of the State of Delaware and has regular and
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`established places of business in the Eastern District of Texas, including Plano, Texas at 6625
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`Excellence Way, Plano, Texas 75023. Thus, Defendants regularly conduct business in the
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`Eastern District of Texas. Defendants’ registered agent for service of process in Texas is CT
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`Corporation Systems, located at 350 N. St. Paul Street, Dallas, Texas 75201.
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`NATURE OF THE ACTION
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`Village Green has developed novel methods and apparatus of displaying and initiating
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`4.
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`the display of data on multiple displays of portable electronic devices, including smartphones.
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`5.
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`This is an action for patent infringement. Defendants are infringing the claims of Village
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`Green’s patents, namely U.S. Patent No. 9,864,401 (the “‘401 Patent”) (see Ex. 1) and U.S.
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`Patent No. 10,620,663 (the “‘663 Patent”) (see Ex. 2) by selling, offering to sell and importing
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`into the U.S. products including portable electronic devices, including smartphones, that
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`infringe the claims of Village Green’s patents in violation of Village Green’s intellectual
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`property rights. The Exs. 1 and 2 providing copies of the ‘401 patent and the ‘663 patent are
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`attached to this complaint and are incorporated herein as if fully rewritten.
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`JURISDICTION AND VENUE
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 (federal question)
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`6.
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`and 28 U.S.C. § 1338(a) (any act of Congress relating to patents or trademarks).
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`7.
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`This Court has personal jurisdiction over Defendants because Defendants have regular
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`

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`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 3 of 12 PageID #: 3
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`and established places of business in the Eastern District of Texas, including Plano, Texas, have
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`committed and continues to commit acts of infringement in violation of 35 U.S.C. § 271 and
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`places infringing products into the stream of commerce, with the knowledge or understanding
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`that such products are sold in the State of Texas, including in this District. The acts by
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`Defendants cause injury to Village Green within this District. Upon information and belief,
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`Defendants derive substantial revenue and profits from the sale of infringing products within this
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`District, expects its actions to have consequences within this District, and derive substantial
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`revenue and profits from interstate and international commerce. Defendants have has caused
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`tortious injury to Village Green in Texas by acts of patent infringement in the Eastern District of
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`Texas, in addition to having regular and established places of business in Texas. For example,
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`Defendants have a regular and established place of business in Plano, Texas. Jurisdiction is
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`proper pursuant to 28 U.S.C. §1338(a).
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`8.
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`Venue is proper within this District under 28 U.S.C. §§ 1391 and 1400(b). Defendants
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`have a regular and established place of business in this District in Plano Texas and have offered
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`and sold and continues to offer and sell its infringing products and services in this District.
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`FACTUAL ALLEGATIONS
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`Village Green has protected its novel methods and apparatus of displaying and initiating
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`9.
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`the display of data on multiple displays of portable electronic devices, including smartphones,
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`through validly issued patents. The patents that Village Green has been awarded are the utility
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`patents as described below, to which Village Green owns all rights, title, and interest.
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`10.
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`On January 9, 2018, the 401 Patent, entitled Multiple Displays for a Portable Electronic
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`Device and a Method of Use, was duly and legally issued to inventors Tina Ebey and Peter B.
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`Bishop. The ‘401 Patent has been duly and legally assigned to Village Green.
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`

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`11.
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`On April 14, 2020, the ‘663 Patent, entitled Multiple Displays for a Portable Electronic
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`Device and a Method of Use, was duly and legally issued to inventors Tina Ebey and Peter B.
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`Bishop. The ‘663 Patent has been duly and legally assigned to Village Green.
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`12.
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`Defendants had prior knowledge, should have known, or at least been willfully blind of
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`the ‘401 Patent and ‘663Patent (collectively, “Patents in Suit”).
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`13.
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`Defendants design, make, use, sell and/or support smartphone products with multiple
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`displays under the product family names “Galaxy Fold” and “Galaxy Flip.”
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`14.
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`As alleged herein, Defendants have engaged in actions that have directly and indirectly
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`infringed the Village Green Patents in Suit.
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`15.
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`For the Patents in Suit, Defendants had directly infringed by making, using, selling,
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`offering to sell, and/or importing infringing products into the United States.
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`16.
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`For the Patents in Suit, Defendants have contributorily infringed by offering to sell or
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`selling within the United States or importing into the United States a component of a patented
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`machine, manufacture, combination, or composition, or a material or apparatus for use in
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`practicing a patent process, constituting a material part of the claimed invention, knowing the
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`same to be especially made or adapted for use in an infringement of such patent, and not a staple
`
`article or commodity of commerce suitable for substantial non-infringing use.
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`17.
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`For the Patents in Suit, Defendants have induced infringement by encouraging acts of
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`direct infringement, when Samsung knew or should have known it was inducing direct
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`infringement. Defendants’ acts of encouragement include but are not limited to (a) selling to,
`
`supplying to, encouraging, helping design, and/or supporting Samsung’s customers to use its
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`infringing products and methods, and (b) selling to, supplying to, encouraging, and/or
`
`instructing third parties how to use certain Samsung products.
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`

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`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 5 of 12 PageID #: 5
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`CLAIM FOR RELIEF
`Infringement of the ‘401 Patent
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`Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 17 above as if
`
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`18.
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`fully set forth herein.
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`19.
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`Defendants have infringed and continues to infringe, directly and/or indirectly under the
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`doctrine of equivalents, one or more claims of the ‘401 Patent, in violation of 35 U.S.C. §
`
`271(a), (b), (c) and/or (f); at least by making, using, selling, offering to sell and/or importing
`
`products in the United States (and/or contributing to and/or inducing others to do the same),
`
`including but not limited to the “Galaxy Fold” and the “Galaxy Flip” product families.
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`20. Upon information and belief, Samsung has directly and/or indirectly infringed at least
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`claims 1, 5, 8-10 and 17 of the ‘401 Patent as set forth in the ‘401 Patent Galaxy Fold Claim
`
`Chart. (see Ex. 3). Samsung has directly and/or indirectly infringed at least claims 1, 5, 8-10
`
`and 17 of the ‘401 Patent by selling its Galaxy Fold wireless phone (i.e., “portable device”)
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`because it comprises a primary and secondary display and the secondary display is integrated
`
`with the smartphone by a hinge as per Page 4 of the Galaxy Fold User Manual (“Galaxy Fold
`
`User Manual”) (see Ex. 4). Furthermore, the secondary display is physically protected when the
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`smartphone is in the folded position (i.e., “stowed”) as per page 10 of the Galaxy Fold User
`
`manual. The Galaxy Fold also runs a second application (e.g., a reminder application) on its
`
`secondary display while the primary display runs a first application (e.g., a calendar application)
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`when the phone uses “Split Screen View” in at least one of a plurality of operating modes (e.g.,
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`“Multi window mode”) as per page 33 of the Galaxy Fold user Manual. Both applications are
`
`visible to the Galaxy Fold user, thereby allowing the user to select information being displayed
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`on one of the displays to cause a display of information in the other of the displays. Further, the
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`user can also access display screens of “Recent apps” by the “Recent apps” button on the
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`

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`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 6 of 12 PageID #: 6
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`“Navigation bar.” After an application has been opened, it is added to the “Recent apps” stack
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`and the user can access any app in the list by tapping one of the series of icons of the display
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`screen of “Recent apps” to be displayed on the secondary display as per pages 18-19 and 33 of
`
`the Galaxy Fold User Manual. The Exs. 3 and 4 providing copies of the ‘401 Patent Galaxy
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`Fold Claim Chart and user manual are attached to this complaint and are incorporated herein as
`
`if fully rewritten.
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`21. Upon information and belief, Samsung has directly and/or indirectly infringed at least
`
`claims 1, 5, 8-10 and 17 of the ‘401 Patent by selling its Galaxy Z Flip wireless phone (i.e.,
`
`“portable device”) as set forth in the ‘401 Patent Galaxy Z Flip Claim Chart. (see Ex. 5).
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`Samsung has directly and/or indirectly infringed at least claims 1, 5, 8-10 and 17 of the ‘401
`
`Patent by selling its Galaxy Z Flip wireless phone because it comprises a primary and secondary
`
`display and the secondary display is integrated with the smartphone by a hinge as per Page 3 of
`
`the Galaxy Z Flip User Manual (“Galaxy Z Flip User Manual”) (see Ex. 6). Furthermore, the
`
`secondary display is physically protected when the smartphone is in the folded position (i.e.,
`
`“stowed”) as per page 2 of the Galaxy Z Flip User manual. The Galaxy Z Flip also runs a
`
`second application (on its secondary display while the primary display runs a first application in
`
`at least one of a plurality of operating modes. Both applications are visible to the Galaxy Z Flip
`
`user, thereby allowing the user to select information being displayed on one of the displays to
`
`cause a display of information in the other of the displays. Further, the user can also access
`
`display screens of “Recent apps” by the “Recent apps” button on the “Navigation bar.” After an
`
`application has been opened, it is added to the “Recent apps” stack and the user can access any
`
`app in the list by tapping one of the series of icons of the display screen of “Recent apps” to be
`
`displayed on the secondary display as per pages 18-19 and 33 of the Galaxy Fold User Manual
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`

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`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 7 of 12 PageID #: 7
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`as per page 37 of the Galaxy Z Flip User manual. The Exs. 5 and 6 providing copies of the ‘401
`
`Patent Galaxy Z Flip Claim Chart and user manual are attached to this complaint and are
`
`incorporated herein as if fully rewritten.
`
`22. Samsung’s continuing actions as alleged herein are inducing infringement of the ‘401
`
`Patent by encouraging acts of direct infringement, and Samsung knows or should have known it
`
`is inducing direct infringement by (a) selling to, supplying to, encouraging, helping design,
`
`and/or supporting Samsung’s customers to use its infringing products and methods, including
`
`the Galaxy Fold and the Galaxy Z Flip, and (b) selling to, supplying to, encouraging, and/or
`
`instructing third parties how to use such Samsung products and methods, including the Galaxy
`
`Fold and the Galaxy Z Flip.
`
`23. Samsung’s continuing actions as alleged herein are contributorily infringing the ‘401
`
`Patent by offering to sell within the United States or importing into the United States a
`
`component of a patented machine, manufacture, combination, or composition, or a material or
`
`apparatus for use in practicing a patented process, constituting a material part of the claimed
`
`invention(s) of the ‘401 Patent, knowing the same to be especially made or adapted for use in an
`
`infringement of such patent, and not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use.
`
`24. Village Green is informed and believes, and on that basis alleges, that Samsung has
`
`gained substantial profits by virtue of its infringement of the ‘401 Patent.
`
`25. Village Green has sustained damages as a direct and proximate result of Samsung’s
`
`infringement of the ‘401 Patent.
`
`26.
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`Village Green will suffer and is suffering irreparable harm from Samsung’s infringement
`
`of the ‘401 Patent. Village Green has no adequate remedy at law and is entitled to an injunction
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`

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`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 8 of 12 PageID #: 8
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`against Samsung’s continuing infringement of the ‘401 Patent. Unless enjoined, Samsung will
`
`continue its infringing conduct.
`
`Infringement of the ‘663 Patent
`
`Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 26 above as if
`
`
`27.
`
`fully set forth herein.
`
`28.
`
`Samsung has infringed and continues to infringe, directly and/or indirectly under the
`
`doctrine of equivalents, one or more claims of the ‘663 Patent, in violation of 35 U.S.C. §
`
`271(a), (b), (c) and/or (f); at least by making, using, selling, offering to sell and/or importing
`
`products in the United States (and/or contributing to and/or inducing others to do the same),
`
`including but not limited to the “Galaxy Fold” and the “Galaxy Flip” product families.
`
`29. Upon information and belief, Samsung has directly and/or indirectly infringed at least
`
`claims 1-7, 9, 10, 15, 22-31, 34 and 41 of the ‘663 Patent by selling its Galaxy Fold wireless
`
`phone (i.e., “portable device”) as set forth in the ‘663 Patent Galaxy Fold Claim Chart. (see Ex.
`
`7). Samsung has directly and/or indirectly infringed at least claims 1-7, 9, 10, 15, 22-31, 34 and
`
`41 of the ‘663 Patent because it comprises a primary and secondary display and the secondary
`
`display is integrated with the smartphone by a hinge as per Page 4 of the Galaxy Fold User
`
`Manual (“Galaxy Fold User Manual”) (see Ex. 4). Furthermore, the secondary display is
`
`physically protected when the smartphone is in the folded position (i.e., “stowed”) as per page
`
`10 of the Galaxy Fold User manual. The Galaxy Fold also runs a second application (e.g., a
`
`reminder application) on its secondary display while the primary display runs a first application
`
`(e.g., a calendar application) when the phone uses “Split Screen View” in at least one of a
`
`plurality of operating modes (e.g., “Multi window mode”) as per page 33 of the Galaxy Fold
`
`user Manual. Both applications are visible to the Galaxy Fold user, thereby allowing the user to
`
`

`

`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 9 of 12 PageID #: 9
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`select information being displayed on one of the displays to cause a display of information in
`
`the other of the displays. Further, the user can also access display screens of “Recent apps” by
`
`the “Recent apps” button on the “Navigation bar.” After an application has been opened, it is
`
`added to the “Recent apps” stack and the user can access any app in the list by tapping one of
`
`the series
`
`of icons of the display screen of “Recent apps” to be displayed on the secondary display as per
`
`pages 18-19 and 33 of the Galaxy Fold User Manual. The Ex. 7 providing a copy of the ‘663
`
`Patent Galaxy Fold Claim Chart is attached to this complaint and is incorporated herein as if
`
`fully rewritten.
`
`30.
`
`Upon information and belief, Samsung has directly and/or indirectly infringed at least
`
`claims 1-7, 9, 10 15, 22-29, 34 and 41 of the ‘663 Patent by selling its Galaxy Z Flip wireless
`
`phone (i.e., “portable device”) as set forth in the ‘663 Patent Galaxy Z Flip Claim Chart. (see
`
`Ex. 8). Samsung has directly and/or indirectly infringed at least claims 1-7, 9, 10 15, 22-29, 34
`
`and 41 of the ‘663 Patent because it comprises a primary and secondary display and the
`
`secondary display is integrated with the smartphone by a hinge as per Page 3 of the Galaxy Z
`
`Flip User Manual (“Galaxy Z Flip User Manual”) (see Ex. 6). Furthermore, the secondary
`
`display is physically protected when the smartphone is in the folded position (i.e., “stowed”) as
`
`per page 2 of the Galaxy Z Flip User manual. The Galaxy Z Flip also runs a second application
`
`(on its secondary display while the primary display runs a first application in at least one of a
`
`plurality of operating modes. Both applications are visible to the Galaxy Z Flip user, thereby
`
`allowing the user to select information being displayed on one of the displays to cause a display
`
`of information in the other of the displays. Further, the user can also access display screens of
`
`“Recent apps” by the “Recent apps” button on the “Navigation bar.” After an application has
`
`

`

`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 10 of 12 PageID #: 10
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`been opened, it is added to the “Recent apps” stack and the user can access any app in the list by
`
`tapping one of the series of icons of the display screen of “Recent apps” to be displayed on the
`
`secondary display as per pages 18-19 and 33 of the Galaxy Fold User Manual as per page 37 of
`
`the Galaxy Z Flip User manual. The Ex. 8 providing a copy of the ‘663 Patent Galaxy Z Flip
`
`Claim Chart is attached to this complaint and is incorporated herein as if fully rewritten.
`
`31.
`
`Samsung’s continuing actions as alleged herein are inducing infringement of the ‘663
`
`Patent by encouraging acts of direct infringement, and Samsung knows or should have known it
`
`is inducing direct infringement by (a) selling to, supplying to, encouraging, helping design,
`
`and/or supporting Samsung’s customers to use its infringing products and methods, including
`
`the Galaxy Fold and the Galaxy Z Flip, and (b) selling to, supplying to, encouraging, and/or
`
`instructing third parties how to use such Samsung products and methods, including the Galaxy
`
`Fold and the Galaxy Z Flip.
`
`32.
`
`Samsung’s continuing actions as alleged herein are contributorily infringing the ‘663
`
`Patent by offering to sell within the United States or importing into the United States a
`
`component of a patented machine, manufacture, combination, or composition, or a material or
`
`apparatus for use in practicing a patented process, constituting a material part of the claimed
`
`invention(s) of the ‘663 Patent, knowing the same to be especially made or adapted for use in an
`
`infringement of such patent, and not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use.
`
`33.
`
`Village Green is informed and believes, and on that basis alleges, that Samsung has
`
`gained substantial profits by virtue of its infringement of the ‘663 Patent.
`
`34.
`
`Village Green has sustained damages as a direct and proximate result of Samsung’s
`
`infringement of the ‘663 Patent.
`
`

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`35.
`
`Village Green will suffer and is suffering irreparable harm from Samsung’s infringement
`
`of the ‘663 Patent. Village Green has no adequate remedy at law and is entitled to an injunction
`
`against Samsung’s continuing infringement of the ‘663 Patent. Unless enjoined, Samsung will
`
`continue its infringing conduct.
`
`PRAYER FOR RELIEF
`
`
`WHEREFORE, Plaintiff Village Green respectfully seeks the following relief:
`
`A.
`
`Declare that Samsung has infringed one or more claims of the Patents in Suit, namely
`
`the ‘401 and the ‘663 patents.
`
`B.
`
`Enter a preliminary and permanent injunction prohibiting Samsung, its subsidiaries,
`
`divisions, agents, servants, employees, and all those acting in concert with and/or who are in
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`privity with Samsung and/or any of the foregoing from infringing, contributing to the
`
`infringement of, and/or inducing infringement of the Patents in Suit, and for all further proper
`
`injunctive relief;
`
`C.
`
`Award to Plaintiff Village Green of at least $80,000,000 in damages for Samsung’s
`
`infringement, with pre-judgment and post-judgment interest, damages, as well as enhanced
`
`damages, including costs (including expert fees), disbursements, and reasonable attorneys’ fees
`
`incurred by Plaintiff in this action, pursuant to 35 U.S.C. §§ 284-285, finding this to be an
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`“exceptional” case; and
`
`D.
`
`
`Grant any and all such further relief as this Court deems just and proper.
`
`
`Plaintiff hereby demands a jury trial pursuant to Rule 38 of the Federal Rules of Civil Procedure
`
`JURY TRIAL DEMAND
`
`re and Local Rule CV-38(a) on all issues so triable.
`
`
`
`

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`Case 2:22-cv-00099 Document 1 Filed 03/31/22 Page 12 of 12 PageID #: 12
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`Dated: March 31, 2 021
`
`BRUNDIDGE & STANGER, P.C.
`
`
`
`By: /s/ Carl I. Brundidge
`Carl I. Brundidge
`David E. Moore
`1925 Ballenger Avenue #560
`Alexandria, VA 22314
`Telephone: +1 (703) 684-1470
`cbrundidge@brunddige-stanger.com
`david.moore@brunddige-stanger.com
`
`THE HUGHEY LAW FIRM
`
`By: /s/ William T. Hughey
`William T. Hughey
`State Bar No. 10245500
`PO Box 2012
`Marshall, TX 75671-2012
`Telephone: +1 (903) 935-5550
`hugheylaw@sbcglobal.net
`
`Counsel for Plaintiff
`
`