Case 6:21-cv-00726 Document 1 Filed 07/14/21 Page 1 of 21
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`AUDIOEYE, INC.,
`
`Plaintiff,
`
`v.
`
`ACCESSIBE LTD.,
`
`Defendant.
`
`Case No. 6:21-cv-00726
`
`Plaintiff AudioEye, Inc. (“AudioEye”) hereby complains of Defendant accessiBe Ltd.
`
`COMPLAINT
`
`(“accessiBe”), and alleges as follows:
`
`I. INTRODUCTION
`
`1.
`
`AudioEye provides software tools and services to make the internet more
`
`accessible to individuals with disabilities. This includes tools to render website content
`
`accessible to those who rely on assistive technologies, such as screen readers. AudioEye’s
`
`innovative technology, developed over the course of a decade, has improved tens of thousands of
`
`websites. Millions of individuals with disabilities in the United States and throughout the world
`
`benefit from AudioEye’s removal of digital barriers that otherwise limit their access to web
`
`content.
`
`2.
`
`The United States Patent and Trademark Office has awarded AudioEye several
`
`patents on its proprietary technology.
`
`3.
`
`In 2018, accessiBe began marketing and selling a software product here in the
`
`United States that infringes AudioEye’s patents. This action seeks relief for the willful
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`infringement of AudioEye’s patents by accessiBe, including in connection with several
`
`customers or resellers in this Judicial District.
`
`II. THE PARTIES
`
`4.
`
`Plaintiff AudioEye is a Delaware corporation having its principal place of
`
`business at 5210 E. Williams Circle, Suite 750, Tucson, AZ 85711. AudioEye is a publicly
`
`traded company and its common stock trades on the NASDAQ stock exchange.
`
`5.
`
`Defendant accessiBe is a company registered in Israel under Registration No. 51-
`
`585530-2, having a place of business at Ha-Khilazon St 6, Bnei Brak, Israel.
`
`III. JURISDICTION AND VENUE
`
`6.
`
`This civil action includes claims for patent infringement arising under the patent
`
`laws of the United States, 35 U.S.C. §§ 100, et seq., more particularly, 35 U.S.C. §§ 271 and
`
`281.
`
`7.
`
`This Court has subject matter jurisdiction over the claims for patent infringement
`
`pursuant to at least 28 U.S.C. §§ 1331 and 1338(a). This Court also has subject matter
`
`jurisdiction pursuant to 28 U.S.C. 1332(a)(2) because AudioEye is a U.S. corporation and
`
`accessiBe is a company registered in Israel and the matter in controversy exceeds the value of
`
`$75,000, exclusive of interest and costs.
`
`8.
`
`This Court has personal jurisdiction over accessiBe because accessiBe has
`
`committed some of the acts of patent infringement complained of herein in this Judicial District.
`
`This includes the acts of patent infringement committed in connection with several customers or
`
`resellers with primary offices located in this Judicial District, including AutoNation Chevrolet of
`
`Waco, TX.
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`9.
`
`Venue is proper in this Judicial District pursuant to at least 28 U.S.C. § 1391(c)(3)
`
`because accessiBe is a foreign corporation and subject to suit in any Judicial District. See also
`
`Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706, 709-10 (1972).
`
`IV. STATEMENT OF FACTS
`
`A.
`
`Background on Web Accessibility for Individuals with Disabilities
`
`10. Millions of Americans have disabilities, such as vision, motor, cognitive, or
`
`hearing impairments, which affect their ability to access information and content through the
`
`internet. Most websites, including critical destinations such as workplace applications, online
`
`commerce, and information resources, are not fully accessible to individuals with disabilities.
`
`11.
`
`For example, many individuals with sight impairments are not able to view the
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`text and images on a webpage. Instead, these individuals rely on a screen reader, which presents
`
`an audible description of the text and images. This helps the user understand the content of the
`
`webpage and also enables the user to navigate through the site.
`
`12.
`
`Screen readers function by examining the code the computer browser uses to
`
`render text and images on a webpage. This code is often in the form of hypertext markup
`
`language (HTML) document object model (DOM), or simply, “DOM.” The screen reader reads
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`the code and interprets it. This includes reading and announcing a description of the images that
`
`appear on a webpage.
`
`13.
`
`Sometimes, however, website designers neglect to include an image description
`
`that a screen reader can read and announce to a user with sight impairments. This can be
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`particularly common in online commerce websites that undergo frequent updates under time
`
`constraints.
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`14.
`
`Other website shortcomings and issues render a webpage less accessible to
`
`individuals with disabilities. In an effort to address these varied issues, domestic and
`
`international organizations have developed and promulgated rules and guidelines for website
`
`designers to implement to improve accessibility. These standards include the Web Content
`
`Accessibility Guidelines (or “WCAG”) published by an international internet standards
`
`organization. The current version of the WCAG standards is WCAG 2.1.
`
`15.
`
`There are also several standards promulgated by groups and agencies in the
`
`United States. For example, Section 508 of the Rehabilitation Act of 1973 has been amended to
`
`require Federal agencies to make electronic information technology accessible to individuals
`
`with disabilities, and government agencies have established standards to comply with these laws.
`
`Also, the U.S. Justice Department has previously indicated that the Americans with Disabilities
`
`Act, or “ADA,” applies to internet spaces.
`
`16.
`
`Industry best practices are to comply with current WCAG standards to provide
`
`equivalent access for all users and, as necessary, to ensure compliance with Section 508 and the
`
`ADA.
`
`B.
`
`AudioEye’s Novel and Patented Web Accessibility Technology
`
`17.
`
`Over the course of many years, AudioEye developed software tools and processes
`
`that help website owners modify and improve their sites to render them more accessible to
`
`individuals with disabilities. AudioEye’s technology has rendered tens of thousands of websites
`
`more accessible to internet users all over the world.
`
`18.
`
`One of the enhancements provided by AudioEye’s technology involves
`
`automatically supplementing a webpage DOM to include missing image descriptions.
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`AudioEye’s automated corrections are used by a screen reader to read and announce the
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`otherwise missing image descriptions to users relying on screen readers for audible output.
`
`19.
`
`AudioEye’s technology includes many other automated processes for modifying a
`
`website to render it more accessible to individuals with disabilities.
`
`20.
`
`Beginning in 2016, AudioEye filed applications with the United States Patent &
`
`Trademark Office to protect its web accessibility technology. AudioEye has been awarded
`
`several patents on its novel technology.
`
`21.
`
`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
`
`Patent No. 10,896,286, entitled “Modular Systems and Methods for Selectively Enabling Cloud-
`
`Based Assistive Technologies” (“the ’286 patent”), which the United States Patent and
`
`Trademark Office lawfully and duly issued on January 19, 2021. A true and correct copy of the
`
`’286 patent is included as Exhibit 1.
`
`22.
`
`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
`
`Patent No. 10,928,978, entitled “Modular Systems and Methods for Selectively Enabling Cloud-
`
`Based Assistive Technologies” (“the ’978 patent”), which the United States Patent and
`
`Trademark Office lawfully and duly issued on February 23, 2021. A true and correct copy of the
`
`’978 patent is included as Exhibit 2.
`
`23.
`
`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
`
`Patent No. 10,997,361 entitled “Modular Systems and Methods for Selectively Enabling Cloud-
`
`Based Assistive Technologies” (“the ’361 patent”), which the United States Patent and
`
`Trademark Office lawfully and duly issued on May 4, 2021. A true and correct copy of the ’361
`
`patent is included as Exhibit 3.
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`24.
`
`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
`
`Patent No. 11,029,815 entitled “Modular Systems and Methods for Selectively Enabling Cloud-
`
`Based Assistive Technologies” (“the ’815 patent”), which the United States Patent and
`
`Trademark Office lawfully and duly issued on June 8, 2021. A true and correct copy of the ’815
`
`patent is included as Exhibit 4.
`
`25.
`
`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
`
`Patent No. 11,061,532 entitled “Modular Systems and Methods for Selectively Enabling Cloud-
`
`Based Assistive Technologies” (“the ’532 patent”), which the United States Patent and
`
`Trademark Office lawfully and duly issued on July 13, 2021. A true and correct copy of the ’532
`
`patent is included as Exhibit 5.
`
`C.
`
`AccessiBe’s Infringement of AudioEye’s Patents
`
`26.
`
`In 2018, accessiBe began offering and selling a software product here in the
`
`United States. AccessiBe claims its product can be used to make websites more accessible to
`
`individuals with disabilities (the “infringing web accessibility tool”). AccessiBe’s claims include
`
`the assertion that, like AudioEye’s patented technology, its product can be used to automatically
`
`add missing image descriptions to a website’s DOM. And these descriptions can be used by
`
`screen readers to read and announce otherwise missing descriptions to users with sight
`
`impairments.
`
`27.
`
`As set forth in more detail below, accessiBe’s product takes advantage of
`
`AudioEye’s novel web accessibility technology and infringes AudioEye’s patents.
`
`28.
`
`In addition to its acts of patent infringement, accessiBe also employs improper
`
`business practices. Indeed, recently, the National Federation of the Blind, America’s civil rights
`
`organization of blind people, issued a press release stating that “accessiBe currently engages in
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`behavior that is harmful to the advancement of blind people in society. . . . The Board is deeply
`
`concerned that the company treats blind access technology experts shabbily and disrespectfully
`
`in private meetings and disparages the blind in the press and their other communications.”
`
`V. FIRST CAUSE OF ACTION
`
`(INFRINGEMENT OF U.S. PATENT NO. 10,896,286)
`
`29.
`
`AudioEye hereby realleges and incorporates by reference the allegations set forth
`
`in the above paragraphs.
`
`30.
`
`AccessiBe has infringed at least Claims 1 and 13 of the ’286 patent under at least
`
`35 U.S.C. § 271(a), (b), (c), and (g).
`
`31.
`
`For example, accessiBe has performed each of the limitations of Claims 1 and 13
`
`of the ’286 patent using a computer system in the United States. Using its infringing web
`
`accessibility tool, accessiBe performs in the United States the recited steps of a computer
`
`implemented method of programmatically assigning a descriptive attribute to an untagged
`
`element on a web page to enable an audible description of the untagged element, as set forth in
`
`more detail in Exhibit 6.
`
`32.
`
`AccessiBe has knowledge of the ’286 patent. On July 13, 2021, before the
`
`complaint was filed, AudioEye sent a letter to accessiBe, identifying the ’286 patent and
`
`explaining how accessiBe was infringing the patent. AccessiBe also has knowledge of the ’286
`
`patent based on the filing of the complaint.
`
`33.
`
`Further, to the extent that AudioEye asserts only method claims of the ’286
`
`Patent, AudioEye is entitled to recover past damages and has complied with 35 U.S.C. § 287.
`
`34.
`
`AccessiBe has actively induced others to infringe at least Claims 1 and 13 of the
`
`’286 patent by marketing and selling to its customers, including customers in this Judicial
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`District, its infringing web accessibility tool, knowing and intending that its customers use it in a
`
`manner that infringes at least Claims 1 and 13 of the ’286 patent. For example, using the
`
`demonstration videos mentioned in Exhibit 6, as well as other training materials, accessiBe
`
`instructs and teaches its customers how to use its tool to infringe the ’286 patent. AccessiBe’s
`
`acts constitute infringement of the ’286 patent in violation of 35 U.S.C. § 271(b).
`
`35.
`
`AccessiBe’s acts constitute contributory infringement of the ’286 patent in
`
`violation of 35 U.S.C. § 271(c). AccessiBe contributorily infringes because, for example,
`
`accessiBe offers to sell, sells, and/or imports into the United States its infringing web
`
`accessibility tool, which is not a staple article or commodity of commerce suitable for non-
`
`infringing use and which is used in performing the processes covered by at least Claims 1 and 13
`
`of the ’286 patent, and accessiBe knows its tool is especially made or adapted for use in an
`
`infringement of the ’286 patent.
`
`36.
`
`AccessiBe’s acts constitute infringement of the ’286 patent in violation of 35
`
`U.S.C. § 271(g). AccessiBe imports into the United States or offers to sell to potential
`
`customers, sells to customers, and/or uses in the United States a product, such as a modified
`
`website, webpage, or HTML or DOM code for a website, that was made using its infringing web
`
`accessibility tool outside the United States (in, for example, Israel) by the processes covered by
`
`at least Claims 1 and 13 of the ’286 patent. AccessiBe states on its website, for example, that it
`
`has servers in the United States and Europe.
`
`37.
`
`AccessiBe’s infringement of the ’286 patent is willful, deliberate, and intentional
`
`by continuing its acts of infringement after becoming aware of the ’286 patent and its
`
`infringement thereof, thus acting in reckless disregard of AudioEye’s patent rights.
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`38.
`
`Because of accessiBe’s infringement of the ’286 patent, AudioEye has suffered
`
`and will continue to suffer irreparable harm and injury, including monetary damages in an
`
`amount to be determined at trial.
`
`39.
`
`Unless enjoined, accessiBe, and/or others acting on behalf of accessiBe, will
`
`continue their infringing acts, thereby causing additional irreparable injury to AudioEye for
`
`which there is no adequate remedy at law.
`
`VI. SECOND CAUSE OF ACTION
`
`(INFRINGEMENT OF U.S. PATENT NO. 10,928,978)
`
`40.
`
`AudioEye hereby realleges and incorporates by reference the allegations set forth
`
`in the above paragraphs.
`
`41.
`
`AccessiBe has infringed at least Claim 1 of the ’978 patent under at least 35
`
`U.S.C. § 271(a), (b), and (c). AccessiBe has directly infringed at least Claim 1 of the ’978 patent
`
`through the manufacture, use, sale, offer for sale, and/or importation into the United States of its
`
`infringing web accessibility tool. For example, accessiBe’s infringing web accessibility tool
`
`includes all of the limitations of Claim 1 of the ’978 patent as set forth in more detail in Exhibit
`
`7.
`
`42.
`
`AccessiBe has knowledge of the ’978 patent. On July 13, 2021, before the
`
`complaint was filed, AudioEye sent a letter to accessiBe, identifying the ’978 patent and
`
`explaining how accessiBe was infringing the patent. AccessiBe also has knowledge of the ’978
`
`patent based on the filing of the complaint.
`
`43.
`
`AccessiBe has actively induced others to infringe at least Claim 1 of the ’978
`
`patent by marketing and selling to its customers, including customers in this Judicial District, its
`
`infringing web accessibility tool, knowing and intending that its customers use it in a manner that
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`infringes at least Claim 1 of the ’978 patent. For example, using the demonstration videos
`
`mentioned in Exhibit 7, as well as other training materials, accessiBe instructs and teaches its
`
`customers how to use its tool to infringe at least Claim 1 of the ’978 patent. AccessiBe’s acts
`
`constitute infringement of the ’978 patent in violation of 35 U.S.C. § 271(b).
`
`44.
`
`AccessiBe’s acts constitute contributory infringement of the ’978 patent in
`
`violation of 35 U.S.C. § 271(c). AccessiBe contributorily infringes because, for example,
`
`accessiBe offers to sell, sells, and/or imports into the United States components of its infringing
`
`web accessibility tool, which are not a staple article or commodity of commerce suitable for non-
`
`infringing use and which accessiBe knows are especially made or adapted for use in an
`
`infringement of at least Claim 1 of the ’978 patent.
`
`45.
`
`AccessiBe has also infringed at least Claim 11 of the ’978 patent under at least 35
`
`U.S.C. § 271(a), (b), (c), and (g).
`
`46.
`
`For example, accessiBe has performed each of the limitations of Claim 11 of the
`
`’978 patent using a computer system in the United States. Using its infringing web accessibility
`
`tool, accessiBe performs in the United States the recited steps of a computer implemented
`
`method of programmatically assigning a descriptive attribute to an element on a web page to
`
`enable an audible description of the element, the web page having an associated document object
`
`model (DOM), as set forth in more detail in Exhibit 7.
`
`47.
`
`AccessiBe has actively induced others to infringe at least Claim 11 of the ’978
`
`patent by marketing and selling to its customers, including customers in this Judicial District, its
`
`infringing web accessibility tool, knowing and intending that its customers use it in a manner that
`
`infringes at least Claim 11 of the ’978 patent. For example, using the demonstration videos
`
`mentioned in Exhibit 7, as well as other training materials, accessiBe instructs and teaches its
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`customers how to use its tool to infringe the ’978 patent. AccessiBe’s acts constitute
`
`infringement of the ’978 patent in violation of 35 U.S.C. § 271(b).
`
`48.
`
`AccessiBe’s acts constitute contributory infringement of the ’978 patent in
`
`violation of 35 U.S.C. § 271(c). AccessiBe contributorily infringes because, for example,
`
`accessiBe offers to sell, sells, and/or imports into the United States its infringing web
`
`accessibility tool, which is not a staple article or commodity of commerce suitable for non-
`
`infringing use and which is used in performing the processes covered by at least Claim 11 of the
`
`’978 patent, and accessiBe knows its tool is especially made or adapted for use in an
`
`infringement of the ’978 patent.
`
`49.
`
`AccessiBe’s acts constitute infringement of the ’978 patent in violation of 35
`
`U.S.C. § 271(g). AccessiBe imports into the United States or offers to sell to potential
`
`customers, sells to customers, and/or uses in the United States a product, such as a modified
`
`website, webpage, or HTML or DOM code for a website, that was made using its infringing web
`
`accessibility tool outside the United States (in, for example, Israel) by the processes covered by
`
`at least Claim 11 of the ’978 patent. AccessiBe states on its website, for example, that it has
`
`servers in the United States and Europe.
`
`50.
`
`AccessiBe’s infringement of the ’978 patent is willful, deliberate, and intentional
`
`by continuing its acts of infringement after becoming aware of the ’978 patent and its
`
`infringement thereof, thus acting in reckless disregard of AudioEye’s patent rights.
`
`51.
`
`Because of accessiBe’s infringement of the ’978 patent, AudioEye has suffered
`
`and will continue to suffer irreparable harm and injury, including monetary damages in an
`
`amount to be determined at trial.
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`52.
`
`Unless enjoined, accessiBe, and/or others acting on behalf of accessiBe, will
`
`continue their infringing acts, thereby causing additional irreparable injury to AudioEye for
`
`which there is no adequate remedy at law.
`
`VII. THIRD CAUSE OF ACTION
`
`(INFRINGEMENT OF U.S. PATENT NO. 10,997,361)
`
`53.
`
`AudioEye hereby realleges and incorporates by reference the allegations set forth
`
`in the above paragraphs.
`
`54.
`
`AccessiBe has infringed at least Claims 1 and 11 of the ’361 patent under at least
`
`35 U.S.C. § 271(a), (b), (c), and (g).
`
`55.
`
`For example, accessiBe has performed each of the limitations of Claims 1 and 11
`
`of the ’361 patent using a computer system in the United States. Using its infringing web
`
`accessibility tool, accessiBe performs in the United States the recited steps of a computer
`
`implemented method of programmatically assigning an accessible rich internet applications
`
`(ARIA) label to an image on a web page to provide an audible description of the image, the web
`
`page having an associated document object model (DOM), as set forth in more detail in Exhibit
`
`8.
`
`56.
`
`AccessiBe has knowledge of the ’361 patent. On July 13, 2021, before the
`
`complaint was filed, AudioEye sent a letter to accessiBe, identifying the ’361 patent and
`
`explaining how accessiBe was infringing the patent. AccessiBe also has knowledge of the ’361
`
`patent based on the filing of the complaint.
`
`57.
`
`AccessiBe has actively induced others to infringe at least Claims 1 and 11 of the
`
`’361 patent by marketing and selling to its customers, including customers in this Judicial
`
`District, its infringing web accessibility tool, knowing and intending that its customers use it in a
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`manner that infringes at least Claims 1 and 11 of the ’361 patent. For example, using the
`
`demonstration videos mentioned in Exhibit 8, as well as other training materials, accessiBe
`
`instructs and teaches its customers how to use its tool to infringe at least Claims 1 and 11 of the
`
`’361 patent. AccessiBe’s acts constitute infringement of the ’361 patent in violation of 35
`
`U.S.C. § 271(b).
`
`58.
`
`AccessiBe’s acts constitute contributory infringement of the ’361 patent in
`
`violation of 35 U.S.C. § 271(c). AccessiBe contributorily infringes because, for example,
`
`accessiBe offers to sell, sells, and/or imports into the United States components of its infringing
`
`web accessibility tool, which are not a staple article or commodity of commerce suitable for non-
`
`infringing use and which accessiBe knows are especially made or adapted for use in an
`
`infringement of at least Claims 1 and 11 of the ’361 patent.
`
`59.
`
`AccessiBe’s acts constitute infringement of the ’361 patent in violation of 35
`
`U.S.C. § 271(g). AccessiBe imports into the United States or offers to sell to potential
`
`customers, sells to customers, and/or uses in the United States a product, such as a modified
`
`website, webpage, or HTML or DOM code for a website, that was made using its infringing web
`
`accessibility tool outside the United States (in, for example, Israel) by the processes covered by
`
`at least Claims 1 and 11 of the ’361 patent.
`
`60.
`
`AccessiBe’s infringement of the ’361 patent is willful, deliberate, and intentional
`
`by continuing its acts of infringement after becoming aware of the ’361 patent and its
`
`infringement thereof, thus acting in reckless disregard of AudioEye’s patent rights.
`
`61.
`
`Because of accessiBe’s infringement of the ’361 patent, AudioEye has suffered
`
`and will continue to suffer irreparable harm and injury, including monetary damages in an
`
`amount to be determined at trial.
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`62.
`
`Unless enjoined, accessiBe, and/or others acting on behalf of accessiBe, will
`
`continue their infringing acts, thereby causing additional irreparable injury to AudioEye for
`
`which there is no adequate remedy at law.
`
`VIII. FOURTH CAUSE OF ACTION
`
`(INFRINGEMENT OF U.S. PATENT NO. 11,029,815)
`
`63.
`
`AudioEye hereby realleges and incorporates by reference the allegations set forth
`
`in the above paragraphs.
`
`64.
`
`AccessiBe has infringed at least Claim 11 of the ’815 patent under at least 35
`
`U.S.C. § 271(a), (b), and (c). AccessiBe has directly infringed at least Claim 11 of the ’815
`
`patent through the manufacture, use, sale, offer for sale, and/or importation into the United States
`
`of its infringing web accessibility tool. For example, accessiBe’s infringing web accessibility
`
`tool includes all of the limitations of Claim 11 of the ’815 patent as set forth in more detail in
`
`Exhibit 9.
`
`65.
`
`AccessiBe has knowledge of the ’815 patent. On July 13, 2021, before the
`
`complaint was filed, AudioEye sent a letter to accessiBe, identifying the ’815 patent and
`
`explaining how accessiBe was infringing the patent. AccessiBe also has knowledge of the ’815
`
`patent based on the filing of the complaint.
`
`66.
`
`AccessiBe has actively induced others to infringe at least Claim 11 of the ’815
`
`patent by marketing and selling to its customers, including customers in this Judicial District, its
`
`infringing web accessibility tool, knowing and intending that its customers use it in a manner that
`
`infringes at least Claim 11 of the ’815 patent. For example, using the demonstration videos
`
`mentioned in Exhibit 9, as well as other training materials, accessiBe instructs and teaches its
`
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`customers how to use its tool to infringe at least Claim 11 of the ’815 patent. AccessiBe’s acts
`
`constitute infringement of the ’815 patent in violation of 35 U.S.C. § 271(b).
`
`67.
`
`AccessiBe’s acts constitute contributory infringement of the ’815 patent in
`
`violation of 35 U.S.C. § 271(c). AccessiBe contributorily infringes because, for example,
`
`accessiBe offers to sell, sells, and/or imports into the United States components of its infringing
`
`web accessibility tool, which are not a staple article or commodity of commerce suitable for non-
`
`infringing use and which accessiBe knows are especially made or adapted for use in an
`
`infringement of at least Claim 11 of the ’815 patent.
`
`68.
`
`AccessiBe has also infringed at least Claim 1 of the ’815 patent under at least 35
`
`U.S.C. § 271(a), (b), (c), and (g).
`
`69.
`
`For example, accessiBe has performed each of the limitations of Claim 1 of the
`
`’815 patent using a computer system in the United States. Using its infringing web accessibility
`
`tool, accessiBe performs in the United States the recited steps of a computer implemented
`
`method of programmatically assigning a descriptive HTML attribute to an untagged element on a
`
`web page to enable an audible description of the untagged element, the web page having an
`
`associated document object model (DOM), as set forth in more detail in Exhibit 9.
`
`70.
`
`Further, to the extent that AudioEye asserts only method claims of the ’815
`
`Patent, AudioEye is entitled to recover past damages and has complied with 35 U.S.C. § 287.
`
`71.
`
`AccessiBe has actively induced others to infringe at least Claim 1 of the ’815
`
`patent by marketing and selling to its customers, including customers in this Judicial District, its
`
`infringing web accessibility tool, knowing and intending that its customers use it in a manner that
`
`infringes at least Claim 1 of the ’815 patent. For example, using the demonstration videos
`
`mentioned in Exhibit 9, as well as other training materials, accessiBe instructs and teaches its
`
`-15-
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`Case 6:21-cv-00726 Document 1 Filed 07/14/21 Page 16 of 21
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`customers how to use its tool to infringe the ’815 patent. AccessiBe’s acts constitute
`
`infringement of the ’815 patent in violation of 35 U.S.C. § 271(b).
`
`72.
`
`AccessiBe’s acts constitute contributory infringement of the ’815 patent in
`
`violation of 35 U.S.C. § 271(c). AccessiBe contributorily infringes because, for example,
`
`accessiBe offers to sell, sells, and/or imports into the United States its infringing web
`
`accessibility tool, which is not a staple article or commodity of commerce suitable for non-
`
`infringing use and which is used in performing the processes covered by at least Claim 1 of the
`
`’815 patent, and accessiBe knows its tool is especially made or adapted for use in an
`
`infringement of the ’815 patent.
`
`73.
`
`AccessiBe’s acts constitute infringement of the ’815 patent in violation of 35
`
`U.S.C. § 271(g). AccessiBe imports into the United States or offers to sell to potential
`
`customers, sells to customers, and/or uses in the United States a product, such as a modified
`
`website, webpage, or HTML or DOM code for a website, that was made using its infringing web
`
`accessibility tool outside the United States (in, for example, Israel) by the processes covered by
`
`at least Claim 1 of the ’815 patent. AccessiBe states on its website, for example, that it has
`
`servers in the United States and Europe.
`
`74.
`
`AccessiBe’s infringement of the ’815 patent is willful, deliberate, and intentional
`
`by continuing its acts of infringement after becoming aware of the ’815 patent and its
`
`infringement thereof, thus acting in reckless disregard of AudioEye’s patent rights.
`
`75.
`
`Because of accessiBe’s infringement of the ’815 patent, AudioEye has suffered
`
`and will continue to suffer irreparable harm and injury, including monetary damages in an
`
`amount to be determined at trial.
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`76.
`
`Unless enjoined, accessiBe, and/or others acting on behalf of accessiBe, will
`
`continue their infringing acts, thereby causing additional irreparable injury to AudioEye for
`
`which there is no adequate remedy at law.
`
`IX. FIFTH CAUSE OF ACTION
`
`(INFRINGEMENT OF U.S. PATENT NO. 11,061,532)
`
`77.
`
`AudioEye hereby realleges and incorporates by reference the allegations set forth
`
`in the above paragraphs.
`
`78.
`
`AccessiBe has infringed at least Claim 11 of the ’532 patent under at least 35
`
`U.S.C. § 271(a), (b), (c). AccessiBe has directly infringed at least Claim 11 of the ’532 patent
`
`through the manufacture, use, sale, offer for sale, and/or importation into the United States of its
`
`infringing web accessibility tool. For example, accessiBe’s infringing web accessibility tool
`
`includes all of the limitations of Claim 11 of the ’532 patent as set forth in more detail in Exhibit
`
`10.
`
`79.
`
`AccessiBe has knowledge of the ’532 patent. On July 13, 2021, before the
`
`complaint was filed, AudioEye sent a letter to accessiBe, identifying the ’532 patent and
`
`explaining how accessiBe was infringing the patent. AccessiBe also has knowledge of the ’532
`
`patent based on the filing of the complaint.
`
`80.
`
`AccessiBe has actively induced others to infringe at least Claim 11 of the ’532
`
`patent by marketing and selling to its customers, including customers in this Judicial District, its
`
`infringing web accessibility tool, knowing and intending that its customers use it in a manner that
`
`infringes at least Claim 11 of the ’532 patent. For example, using the demonstration videos
`
`mentioned in Exhibit 10, as well as other training materials, accessiBe instructs and teaches its
`
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`Case 6:21-cv-00726 Document 1 Filed 07/14/21 Page 18 of 21
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`customers how to use its tool to infringe at least Claim 11 of the ’532 patent. AccessiBe’s acts
`
`constitute infringement of the ’532 patent in violation of 35 U.S.C. § 2