`CPC Patent Technologies Pty. Ltd., and
`Charter Pacific Corporation Ltd.
`.
`
`
`v.
`
`HID Global Corporation
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`
` Civil Action No. 6:22-cv-1170
`
`
` RELATED CASES:
` Civil Action No. 6:21-cv-00165-ADA
` Civil Action No. 6:21-cv-00166-ADA
`
` JURY TRIAL DEMANDED
`
`
`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 1 of 22
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs CPC Patent Technologies Pty. Ltd. (“CPC”), and Charter Pacific Corporation
`
`
`
`Ltd. (“Charter Pacific Corp.”) (collectively the “Charter Pacific” or “Plaintiffs”), by their counsel,
`
`for their claims against Defendant HID Global Corporation (“HID” or “Defendant”), hereby allege
`
`as follows:
`
`NOTICE OF RELATED CASES
`
`
`
`Plaintiffs respectfully inform the Court that the present case involves the infringement of
`
`the same patents already in suit in the cases styled as CPC Patent Technologies Pty. Ltd. v. HMD
`
`Global Oy, 6:21-cv-00166-ADA (the “166 Case”) and CPC Patent Technologies Pty. Ltd. v. Apple
`
`Inc., 6:21-cv-00165-ADA (the “165 Case”).
`
`
`
`Specifically, the patents asserted in this litigation are the same patents asserted in the 165
`
`and 166 cases, which are: U.S. U.S. Patent Nos. 9,269,208 (“the ’208 Patent”), 9,665,705 (“the
`
`’705 Patent”), and 8,620,039 (“the ’039 Patent”) (collectively, the “Patents-in-Suit”). The Court
`
`previously held Markman hearings in the 165 and 166 cases construing various terms of the
`
`
`
`1
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`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 2 of 22
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`asserted patents.1 Therefore, pursuant to the Court’s Order Governing Proceedings (“OGP”), the
`
`instant action is a “Related Case” as contemplated by the Court’s OGP and the local rules of the
`
`Western District of Texas.
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action arising under the patent laws of the United States, 35 U.S.C.
`
`§ 1 et seq., including specifically 35 U.S.C. § 271, based on HID’s infringement of U.S. Patent
`
`Nos. 9,269,208 (“the ’208 Patent”), 9,665,705 (“the ’705 Patent”), and 8,620,039 (“the ’039
`
`Patent”) (collectively, the “Patents-in-Suit”).
`
`2.
`
`The products accused of infringing the Patents-in-Suit include HID hardware and
`
`software that form a system to provide secure access to a controlled item based on biometrics as
`
`well as a system that provides the ability to enroll in a biometric card pointer system. This includes,
`
`by way of example, biometric reader hardware such as HID’s Signo Biometric Reader 25B (the
`
`“Signo Reader”), Physical Access Control System (“PACS”) hardware such as the HID VertX
`
`EVO V2000 (“HID Controller”), and software such as the HID Biometric Manager Software
`
`(“HBM Software”) (collectively, the “Accused HID System.”)
`
`THE PARTIES
`
`3.
`
`Plaintiff CPC Patent Technologies Pty. Ltd. is an Australian corporation having its
`
`principal place of business located at Level 1, 18 Tedder Avenue, Main Beach, Queensland 4217,
`
`Australia.
`
`4.
`
`Plaintiff Charter Pacific Corporation Ltd is an Australian corporation having its
`
`principal place of business located at Level 1, 18 Tedder Avenue, Main Beach, Queensland 4217,
`
`Australia.
`
`
`1 The 165 Case was transferred to the Northern District of California on April 25, 2022, only after the Court made
`multiple substantive rulings concerning the Patents-in-Suit.
`2
`
`
`
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`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 3 of 22
`
`5.
`
`CPC is an investment company focused on biometric technology including mobile
`
`device security, credit card security, and mobile payments. In 2019, CPC acquired a patent
`
`portfolio, including the ’208 Patent and the ’705 Patent, from biometric technology pioneer
`
`Securicom (NSW) Pty Ltd (“Securicom”).
`
`6.
`
`7.
`
`Plaintiff CPC is a wholly-owned subsidiary of Charter Pacific Corporation Ltd.
`
`Charter Pacific is actively working to license its portfolio of intellectual property,
`
`including in the United States.
`
`8.
`
`On information and belief, Defendant HID Global Corporation is a Delaware
`
`corporation with its principal place of business located at 611 Center Ridge Drive, Austin, TX
`
`78753.
`
`JURISDICTION AND VENUE
`
`9.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because the claims herein arise under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq., including 35 U.S.C. § 271.
`
`10.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b), (c), and
`
`l400(b). HID has regular and established places of business in this Judicial District, including its
`
`corporate headquarters at 611 Center Ridge Drive, Austin, TX 78753. HID has committed acts
`
`of infringement within this Judicial District including the manufacturing and selling of the Accused
`
`HID System.
`
`11.
`
`Personal jurisdiction over the Defendant exists because the Defendant has its
`
`principal place of business in the Western District of Texas.
`
`
`
`3
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`FACTUAL BACKGROUND
`
`The Asserted Patents
`
`12.
`
`The invention of the ’208 Patent provides for the use of biometric data to unlock a
`
`controlled item like a door lock or electronic lock by taking the biometric data and matching it
`
`against a database in a biometric security system (such as may be located on a smartphone or other
`
`mobile device) where the user’s biometric data is stored securely.
`
`13.
`
`The invention of the ’705 Patent provides for matching of biometric data against
`
`enrolled biometric data stored in the database of a biometric security system.
`
`14.
`
`The invention of the ’039 Patent is directed to improved smart card security
`
`provided using biometric data.
`
`15.
`
`On February 23, 2016, the ’208 Patent, entitled “Remote Entry System,” was duly
`
`and legally issued by the United States Patent and Trademark Office. A true and correct copy of
`
`the ’208 Patent is attached hereto as Exhibit A.
`
`16.
`
`On May 30, 2017, the ’705 Patent, entitled “Remote Entry System,” was duly and
`
`legally issued by the United States Patent and Trademark Office. A true and correct copy of the
`
`’705 Patent is attached hereto as Exhibit B.
`
`17.
`
`On December 31, 2013, the ’039 Patent, titled “Card Device Security Using
`
`Biometrics,” was duly and legally issued by the United States Patent and Trademark Office. A true
`
`and correct copy of the ’039 Patent is attached hereto as Exhibit C.
`
`18.
`
`On September 17, 2019, the United States Patent and Trademark Office recorded
`
`an assignment of patent rights of certain patents (including the Patents-in-Suit) to CPC Patent
`
`Technologies Pty Ltd. (“CPC”).
`
`19.
`
`CPC is the sole owner of all rights, title, and interest in and to the ’208 Patent, the
`
`
`
`4
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`’705 Patent, and the ’039 Patent, including the rights to assert all causes of action arising under
`
`the patents and the right to any and all remedies for infringement of them.
`
`20.
`
`Independent claim 1 of the ’208 Patent provides one example of the claims of that
`
`patent. It states:
`
`1. A system for providing secure access to a controlled item, the system comprising:
`
`a database of biometric signatures;
`a transmitter sub-system comprising:
`a biometric sensor for receiving a biometric signal;
`means for matching the biometric signal against members of the database
`of biometric signatures to thereby output an accessibility attribute; and
`means for emitting a secure access signal conveying information dependent
`upon said accessibility attribute; and
`a receiver sub-system comprising:
`means for receiving the transmitted secure access signal; and
`means for providing conditional access to the controlled item dependent
`upon said information,
`wherein the transmitter sub-system further comprises means for populating the
`data base of biometric signatures, the population means comprising:
`means for receiving a series of entries of the biometric signal, said series
`being characterised according to at least one of the number of said
`entries and a duration of each said entry;
`means for mapping said series into an instruction; and
`means for populating the data base according to the instruction,
`wherein the controlled item is one of: a locking mechanism of a physical access
`structure or an electronic lock on an electronic computing device.
`
`21.
`
`Independent claim 1 of the ’705 Patent provides one example of the claims of that
`
`patent:
`
`1. A system for providing secure access to a controlled item, the system comprising:
`
`a memory comprising a database of biometric signatures;
`a transmitter sub-system comprising:
`a biometric sensor configured to receive a biometric signal;
`a transmitter sub-system controller configured to match the biometric signal
`against members of the database of biometric signatures to thereby
`output an accessibility attribute; and
`a transmitter configured to emit a secure access signal conveying
`information dependent upon said accessibility attribute; and
`a receiver sub-system comprising:
`wherein the controller is further configured to:
`
`
`
`5
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`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 6 of 22
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`a receiver sub-system controller configured to:
`receive the transmitted secure access signal; and
`provide conditional access to the controlled item dependent upon said
`information;
`wherein the transmitter sub-system controller is further configured to:
`receive a series of entries of the biometric signal, said series being
`characterised according to at least one of the number of said entries and
`a duration of each said entry;
`map said series into an instruction; and
`populate the data base according to the instruction, wherein the controlled
`item is one of: a locking mechanism of a physical access structure or
`an electronic lock on an electronic computing device.
`
`22.
`
`Independent claim 1 of the ’039 Patent provides one example of the claims of that
`
`patent:
`
`1. A method of enrolling in a biometric card pointer system, the method comprising the
`steps of:
`
`receiving card information;
`receiving the biometric signature;
`defining, dependent upon the received card information, a memory location in a
`local memory external to the card;
`determining if the defined memory location is unoccupied; and
`storing, if the memory location is unoccupied, the biometric signature at the
`defined memory location.
`
`HID’s Accused System
`
`23.
`
`On information and belief, HID makes, uses, offers for sale, sells and/or imports
`
`hardware and software products for securing access to locations and things, including card readers,
`
`biometric readers, door controllers, and software for managing this hardware.
`
`24.
`
`One such offering is the HID Signo Biometric Reader 25b. HID’s Signo Reader
`
`enables fingerprint authentication of users seeking to access a secure area:
`
`
`
`6
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`
`
`
`
`25.
`
`HID’s Signo Reader, in conjunction with the HBM software that HID provides for
`
`free to download, also has the capability to register biometrical signals received from users.
`
`26.
`
`Upon information and belief, HID launched its Signo Reader and HBM software in
`
`the United States by no later than June 18, 2021.
`
`HID’S INFRINGEMENT OF THE ’208,’705, AND ’039 PATENTS
`
`The Accused HID System Infringes the Claims of the ’208 Patent
`
`27.
`
`The Accused HID System, consisting of at least one Signo Reader, PACS hardware
`
`such as the HID Controller, and software such as the HBM Software, each of which is made, used,
`
`sold, offered for sale and/or imported by HID, and are designed, configured, instructed, and
`
`intended to be used in combination, includes every limitation of at least claims 1, 9, and 10 of the
`
`’208 Patent.
`
`28.
`
`Attached to this Complaint as Exhibit D is a claim chart establishing that the
`
`Accused HID System infringes, directly or indirectly, literally or under the doctrine of equivalents,
`
`
`
`7
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`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 8 of 22
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`each and every element of at least claims 1, 9, and 10 of the ’208 Patent. The contents of Exhibit
`
`D are incorporated herein by reference.
`
`29.
`
`Upon information and belief, HID makes, has made, sells, has sold, and offers or
`
`has offered for sale and encourages its partners to sell and offer for sale the Accused HID System.
`
`Specifically, HID makes, has made, sells, has sold, and offers or has offered for sale during the
`
`life of the ’208 Patent the combination of at least a Signo Reader, HBM Software, and an HID
`
`Controller, either individually or as a bundle.
`
`30.
`
`Upon information and belief, HID has derived substantial financial benefit from
`
`making, selling or offering to sell the Accused HID System and its partners’ selling and offering
`
`to sell of the Accused HID System.
`
`31.
`
`Upon information and belief, HID further directly uses the patented system by
`
`combining each and every element of the system claimed in the ’208 Patent, at least for the
`
`purposes of research and development, product testing, and/or commercial product marketing.
`
`Specifically, HID makes or has made during the life of the ’208 Patent the patented system by
`
`combining at least a Signo Reader, HBM Software, and an HID Controller.
`
`32.
`
`Upon information and belief, HID directly practices the claimed methods by using
`
`the Accused HID System in a way that infringes the method claims recited in the in the ’208 Patent,
`
`at least for the purposes of research and development, product testing, and/or commercial product
`
`marketing. Specifically, HID uses or has used during the life of the ’208 Patent a combination of
`
`at least a Signo Reader, HBM Software, and an HID Controller.
`
`33.
`
`Upon information and belief, and at least for the purposes of research and
`
`development, product testing, and/or commercial product marketing, HID uses the patented system
`
`or practiced the patented method by putting the Accused HID System as a whole into service, and
`
`
`
`8
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`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 9 of 22
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`using it for its intended purpose. HID uses and controls the entire system in an infringing manner
`
`and obtains benefit from doing so.
`
`34.
`
`HID derives substantial financial benefit from its own use of the patented system.
`
`Upon information and belief, the above-described making and using of the patented systems,
`
`including the advertising of the Signo Reader and HBM Software, have resulted in sales of
`
`Accused HID System to consumers.
`
`35.
`
`HID also induces end users of the Accused HID System to infringe at least claims
`
`1, 9, and 10 of the ’208 Patent through descriptions and instructions posted on its website and the
`
`HBM software administration guide that encourages end users to use the claimed system or
`
`practice the claimed methods.
`
`36.
`
`At least end users of the Accused HID System who follow HID’s instructions are
`
`direct infringers of the ’208 Patent.
`
`37.
`
`HID is also a direct infringer of the ’208 Patent when it uses the Accused HID
`
`System.
`
`38.
`
`The Signo Reader, HBM Software, and HID Controller are a material part of the
`
`patented systems and methods. The claimed functionality recited in the ’208 Patent system and
`
`method claims are performed and/or facilitated by the Signo Reader, HBM Software, and HID
`
`Controller.
`
`The Accused HID System Infringes the Claims of the ’705 Patent
`
`39.
`
`The Accused HID System, consisting of at least one Signo Reader, PACS hardware
`
`such as the HID Controller, and software such as the HBM Software, each of which is made, used,
`
`sold, offered for sale and/or imported by HID, and are designed, configured, instructed, and
`
`intended to be used in combination, includes every limitation of at least claims 1 and 11 of the
`
`
`
`9
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`Case 6:22-cv-01170 Document 1 Filed 11/15/22 Page 10 of 22
`
`’705 Patent.
`
`40.
`
`Attached to this Complaint as Exhibit E is a claim chart establishing that the
`
`Accused HID System infringes, directly or indirectly, literally or under the doctrine of equivalents,
`
`each and every element of at least claims 1 and 11 of the ’705 Patent. The contents of Exhibit E
`
`are incorporated herein by reference.
`
`41.
`
`Upon information and belief, HID makes, has made, sells, has sold, and offers or
`
`has offered for sale and encourages its partners to sell and offer for sale the Accused HID System.
`
`Specifically, HID makes, has made, sells, has sold, and offers or has offered for sale during the
`
`life of the ’705 Patent the combination of at least a Signo Reader, HBM Software, and an HID
`
`Controller, either individually or as a bundle.
`
`42.
`
`Upon information and belief, HID has derived substantial financial benefit from
`
`making, selling or offering to sell the Accused HID System and its partners’ selling and offering
`
`to sell of the Accused HID System.
`
`43.
`
`Upon information and belief, HID further directly uses the patented system by
`
`combining each and every element of the system claimed in the’705 Patent at least for the purposes
`
`of research and development, product testing, and/or commercial product marketing. Specifically,
`
`HID makes or has made during the life of the ’705 Patent the patented system by combining at
`
`least a Signo Reader, HBM Software, and an HID Controller.
`
`44.
`
`Upon information and belief, HID directly practices the claimed methods by using
`
`the Accused HID System in a way that infringes the method claims recited in the ’705 Patent, at
`
`least for the purposes of research and development, product testing, and/or commercial product
`
`marketing. Specifically, HID uses or has used during the life of the ’705 Patent a combination of
`
`at least a Signo Reader, HBM Software, and an HID Controller.
`
`
`
`10
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`45.
`
`Upon information and belief, and at least for the purposes of research and
`
`development, product testing, and/or commercial product marketing, HID uses the patented system
`
`or practiced the patented method by putting the Accused HID System as a whole into service, and
`
`using it for its intended purpose. HID uses and controls the entire system in an infringing manner
`
`and obtains benefit from doing so.
`
`46.
`
`HID derives substantial financial benefit from its own use of the patented system.
`
`Upon information and belief, the above-described making and using of the patented systems,
`
`including the advertising of the Signo Reader and HBM Software, have resulted in sales of
`
`Accused HID System to consumers.
`
`47.
`
`HID also induces end users of the Accused HID System to infringe at least claims
`
`1 and 11 of the ’705 Patent through descriptions and instructions posted on its website and the
`
`HBM software administration guide that encourages end users to use the claimed system or
`
`practice the claimed methods.
`
`48.
`
`At least end users of the Accused HID System who follow HID’s instructions are
`
`direct infringers of the’705 Patent.
`
`49.
`
`HID is also a direct infringer of the’705 Patent when it uses the Accused HID
`
`System.
`
`50.
`
`The Signo Reader, HBM Software, and HID Controller are a material part of the
`
`patented systems and methods. The claimed functionality recited in the ’705 Patent system and
`
`method claims are performed and/or facilitated by the Signo Reader, HBM Software, and HID
`
`Controller.
`
`The Accused HID System Infringes the Claims of the ’039 Patent
`
`51.
`
`The Accused HID System, consisting of at least one Signo Reader and software
`
`
`
`11
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`such as the HBM Software, both of which are made, used, sold, offered for sale and/or imported
`
`by HID, and are designed, configured, instructed, and intended to be used in combination, includes
`
`every limitation of at least claims 1 and 13 of the ’039 Patent.
`
`52.
`
`Attached to this Complaint as Exhibit F is a claim chart establishing that the
`
`Accused HID System infringes, directly or indirectly, literally or under the doctrine of equivalents,
`
`each and every element of at least claims 1 and 13 of the ’039 Patent. The contents of Exhibit F
`
`are incorporated herein by reference.
`
`53.
`
`Upon information and belief, HID makes, has made, sells, has sold, and offers or
`
`has offered for sale and encourages its partners to sell and offer for sale the Accused HID System.
`
`Specifically, HID makes, has made, sells, has sold, and offers or has offered for sale during the
`
`life of the ’208, ’705, and ’039 Patents the combination of at least a Signo Reader and HBM
`
`Software, either individually or as a bundle.
`
`54.
`
`Upon information and belief, HID has derived substantial financial benefit from
`
`making, selling or offering to sell the Accused HID System and its partners’ selling and offering
`
`to sell of the Accused HID System.
`
`55.
`
`Upon information and belief, HID further directly uses the patented system by
`
`combining each and every element of the system claimed in the’039 Patent, at least for the
`
`purposes of research and development, product testing, and/or commercial product marketing.
`
`Specifically, HID makes or has made during the life of the ’039 Patent the patented system by
`
`combining at least a Signo Reader and HBM Software.
`
`56.
`
`Upon information and belief, HID directly practices the claimed methods by using
`
`the Accused HID System in a way that infringes the method claims recited in the ’039 Patent, at
`
`least for the purposes of research and development, product testing, and/or commercial product
`
`
`
`12
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`marketing. Specifically, HID uses or has used during the life of the ’208, ’705, and ’039 Patents
`
`a combination of at least a Signo Reader, HBM Software, and an HID Controller.
`
`57.
`
`Upon information and belief, and at least for the purposes of research and
`
`development, product testing, and/or commercial product marketing, HID uses the patented system
`
`or practiced the patented method by putting the Accused HID System as a whole into service, and
`
`using it for its intended purpose. HID uses and controls the entire system in an infringing manner
`
`and obtains benefit from doing so.
`
`58.
`
`HID derives substantial financial benefit from its own use of the patented system.
`
`Upon information and belief, the above-described making and using of the patented systems,
`
`including the advertising of the Signo Reader and HBM Software, have resulted in sales of
`
`Accused HID System to consumers.
`
`59.
`
`HID also induces end users of the Accused HID System to infringe at least claims
`
`1 and 13 of the ’039 Patent through descriptions and instructions posted on its website and the
`
`HBM software administration guide that encourages end users to use the claimed system or
`
`practice the claimed methods.
`
`60.
`
`At least end users of the Accused HID System who follow HID’s instructions are
`
`direct infringers of the’039 Patent.
`
`61.
`
`HID is also a direct infringer of the’039 Patent when it uses the Accused HID
`
`System.
`
`62.
`
`The Signo Reader, HBM Software, and HID Controller are a material part of the
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`patented systems and methods. The claimed functionality recited in the ’039 Patent system and
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`method claims are performed and/or facilitated by the Signo Reader and HBM Software.
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`HID’s Knowledge of the ’208, ’705, and ’039 Patents
`
`
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`63.
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`On May 23, 2022, HID, along with other allegedly related corporate entities, sued
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`Charter Pacific for a declaratory judgment of non-infringement of the ’208, ’705, and ’039 Patents.
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`See Assa Abloy AB v. CPC Patent Technologies Pty. Ltd., Civ. No. 3:22-cv-00694-MPS (D.
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`Conn.).
`
`64.
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`Upon information and belief, HID was therefore aware of the contents of the ’208,
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`’705, and ’039 Patents by at least May 23, 2022.
`
`65.
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`Upon information and belief, HID knew or should have known that the Accused
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`HID System infringes claims of the ’208, ’705, and ’039 Patents by at least May 23, 2022.
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`66.
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`Upon information and belief, HID has knowingly, intentionally, and actively
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`continued to instruct and encourage to end users to infringe the ’208, ’705, and ’039 Patents since
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`May 23, 2022.
`
`67.
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`Therefore, HID has made, used, offered for sale, sold and/or imported the Accused
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`HID System knowing that it infringes one or more claims of the ’208, ’705, and ’039 Patents.
`
`68.
`
`HID has willfully infringed the ’208, ’705, and ’039 Patents.
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`CHARTER PACIFIC’S COMPLIANCE WITH 35 USC § 287
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`69.
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`Neither Charter Pacific, nor upon information and belief its predecessors in interest
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`to the ’208, ’705, and ’039 Patents, have made, offered for sale, or sold a product in the United
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`States that is an embodiment of the ’208, ’705, or ’039 Patents.
`
`70.
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`Upon information and belief, to the extent that any licensees of Charter Pacific with
`
`respect to the ’208, ’705, or ’039 Patents have made, offered for sale or sold any product within
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`the United States that is a commercial embodiment of such patents, said licensees have complied
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`with any patent marking requirements, to the extent that any such requirements exist.
`
`71.
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`Accordingly, upon information and belief Charter Pacific has complied with 35
`
`
`
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`U.S.C. § 287 with respect to the ’208, ’705, or ’039 Patents, at least because Charter Pacific, its
`
`predecessors-in-interest, and its licensees have not made, offered for sale, or sold a product in the
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`United States that is an embodiment of either the ’208, ’705, ’039 Patents without marking the
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`product under 35 U.S.C. § 287.
`
`COUNT I
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`(HID’s Infringement of U.S. Patent No. 9,269,208)
`
`72.
`
`Charter Pacific repeats and reallege each of the foregoing paragraphs of this
`
`Complaint as if fully set forth herein.
`
`73.
`
`Charter Pacific owns all substantial rights interest, and title in and to the ’208
`
`Patent, including the sole and exclusive right to prosecute this action and enforce the ’208 Patent
`
`against infringers, and to collect damages for all relevant times.
`
`74.
`
`A claim chart showing how at least the Accused HID System infringes at least
`
`representative claims 1, 9, and 10 of the ’208 Patent is attached hereto as Exhibit D, and is
`
`incorporated herein by reference.
`
`75.
`
`HID has infringed and continues to infringe one or more claims of the ’208 Patent
`
`under 35 U.S.C. § 271(a), literally and/or under the doctrine of equivalents, by making, using,
`
`offering to sell, and/or importing in or into the United States all or portions of the Accused HID
`
`System identified above.
`
`76.
`
`Upon information and belief, HID has also induced and continues to induce others
`
`to infringe one or more claims of the ’208 Patent under 35 U.S.C. § 271(b) by knowingly,
`
`intentionally, and actively aiding and abetting others to infringe the ’208 Patent, and with the
`
`specific intent that such others infringe the ’208 Patent. By way of example, and upon information
`
`and belief, HID accomplishes such inducement by directing and/or instructing others to install,
`
`
`
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`use, and/or operate the Accused HID System knowing that such installation, use or operation
`
`infringes the ‘208 Patent.
`
`77.
`
`Upon information and belief, HID has also contributed to the infringement one or
`
`more claims of the ’208 Patent under 35 U.S.C. § 271(c) of its partners, customers, and end-users
`
`of the Accused HID System by providing within the United States or importing the Signo Reader
`
`and HBM Software into the United States, which is for use in practicing, and under normal
`
`operation practice, methods claimed in the ’208 Patent, constituting a material part of the
`
`inventions claimed, and not a staple article or commodity of commerce suitable for substantial
`
`non-infringing uses. The Signo Reader and HBM Software has no substantial non-infringing uses.
`
`78.
`
`79.
`
`80.
`
`HID’s infringing acts are without license or authorization from Charter Pacific.
`
`HID has had notice of the ’208 Patent at least since May 23, 2022.
`
`By no later than May 23, 2022, HID knew or should have known that its actions
`
`constituted infringement of the ’208 Patent. HID has nevertheless knowingly continued in its
`
`infringement.
`
`81.
`
`As a direct and proximate result of HID’s infringement of the ’208 Patent, Charter
`
`Pacific has suffered and will continue to suffer injury for which it is entitled to damages under 35
`
`U.S.C. § 284 adequate to compensate it for such infringement, in an amount to be proven at trial.
`
`Charter Pacific’s damages are in no event less than a reasonable royalty.
`
`82.
`
`As a direct and proximate result of HID’s infringement of the ’208 Patent, Charter
`
`Pacific has also suffered irreparable injury for which it has no adequate remedy at law, including,
`
`but not limited to an injury to Charter Pacific’s efforts to license its patent portfolio, including the
`
`’208, ’705, and ’039 Patents, to firms operating in the United States. Unless HID is permanently
`
`enjoined from further infringement of the ’208 Patent, Charter Pacific will continue to suffer
`
`
`
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`irreparably injury and impairment of the value of its patent rights.
`
`COUNT II
`
`(HID’s Infringement of U.S. Patent No. 9,665,705)
`
`83.
`
`Charter Pacific repeats and reallege each of the foregoing paragraphs of this
`
`Complaint as if fully set forth herein.
`
`84.
`
`Charter Pacific owns all substantial rights interest, and title in and to the ’705
`
`Patent, including the sole and exclusive right to prosecute this action and enforce the ’705 Patent
`
`against infringers, and to collect damages for all relevant times.
`
`85.
`
`A claim chart showing how at least the Accused HID System infringes at least
`
`representative claims 1 and 11 of the ’705 Patent is attached hereto as Exhibit E, and is
`
`incorporated herein by reference.
`
`86.
`
`HID has infringed and continues to infringe one or more claims of the ’705 Patent
`
`under 35 U.S.C. § 271(a), literally and/or under the doctrine of equivalents, by making, using,
`
`offering to sell, and/or importing in or into the United States all or portions of the Accused HID
`
`System identified above.
`
`87.
`
`Upon information and belief, HID has also induced and continues to induce others
`
`to infringe one or more claims of the ’705 Pat