Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 1 of 117 PageID #: 931
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`LITL LLC,
`
`v.
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`HP INC.,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 1:23-cv-00120-RGA
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT
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`Pursuant to Federal Rule of Civil Procedure 15(a)(1), Plaintiff LiTL LLC (“Plaintiff” or
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`“LiTL”) files this First Amended Complaint, which amends LiTL’s complaint for patent
`
`infringement (D.I., the “Original Complaint”) against Defendant HP Inc. (“Defendant” or “HP”).
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`INTRODUCTION
`
`1.
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`This is a civil action for patent infringement under the laws of the United States,
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`35 U.S.C. § 1, et seq.
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`2.
`
`Defendant has infringed and continues to infringe one or more claims of U.S.
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`Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844 (“the ’844 patent”); 9,563,229 (“the ’229
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`patent “); 10,289,154 (“the ’154 patent”); 9,003,315 (“the ’315 patent”); 9,880,715 (“the ’715
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`patent”); 10,564,818 (“the ’818 patent”); and 8,612,888 (“the ’888 patent”) (collectively, the
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`“Asserted Patents”) at least by making, using, selling, offering for sale, and importing into the
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`United States computing devices that infringe one or more claims of each of the Asserted
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`Patents.
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`3.
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`LiTL is the legal owner by assignment of the entire right, title, and interest in and
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`to the Asserted Patents, which were duly and legally issued by the United States Patent and
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`1
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`HP Inc. - Exhibit 1013 - Page 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`LITL LLC,
`
`v.
`
`HP INC.,
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`
`
`
`Civil Action No. 1:23-cv-00120-RGA
`
`JURY TRIAL DEMANDED
`
`FIRST AMENDED COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to Federal Rule of Civil Procedure 15(a)(1), Plaintiff LiTL LLC (“Plaintiff” or
`
`“LiTL”) files this First Amended Complaint, which amends LiTL’s complaint for patent
`
`infringement (D.I., the “Original Complaint”) against Defendant HP Inc. (“Defendant” or “HP”).
`
`INTRODUCTION
`
`1.
`
`This is a civil action for patent infringement under the laws of the United States,
`
`35 U.S.C. § 1, et seq.
`
`2.
`
`Defendant has infringed and continues to infringe one or more claims of U.S.
`
`Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844 (“the ’844 patent”); 9,563,229 (“the ’229
`
`patent “); 10,289,154 (“the ’154 patent”); 9,003,315 (“the ’315 patent”); 9,880,715 (“the ’715
`
`patent”); 10,564,818 (“the ’818 patent”); and 8,612,888 (“the ’888 patent”) (collectively, the
`
`“Asserted Patents”) at least by making, using, selling, offering for sale, and importing into the
`
`United States computing devices that infringe one or more claims of each of the Asserted
`
`Patents.
`
`3.
`
`LiTL is the legal owner by assignment of the entire right, title, and interest in and
`
`to the Asserted Patents, which were duly and legally issued by the United States Patent and
`
`1
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`HP Inc. - Exhibit 1013 - Page 1
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`
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 2 of 117 PageID #: 932
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`Trademark Office (“USPTO”). LiTL seeks monetary damages and injunctive relief to address
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`past and ongoing infringement of its valuable patent portfolio.
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`THE PARTIES
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`4.
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`Plaintiff LiTL LLC is a Delaware company, having its principal place of
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`business at 501 Boylston Street, Boston, Massachusetts 02116.
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`5.
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`Defendant HP Inc. is a corporation organized under the laws of the State of
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`Delaware, with a place of business at 1501 Page Mill Road, Palo Alto, California 94304.
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`JURISDICTION AND VENUE
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`6.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`7.
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`This Court has personal jurisdiction over HP. HP is subject to general personal
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`jurisdiction in the State of Delaware because it is incorporated in the State of Delaware.
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`8.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). HP is
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`incorporated in this District. Upon information and belief, HP has transacted business in this
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`District and has committed acts of direct and indirect infringement in this District by, among
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`other things, making, using, offering to sell, selling, and/or importing products that infringe the
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`Asserted Patents.
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`FACTUAL BACKGROUND
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`LiTL’s Patented Technologies
`
`9.
`
`In 2007, John Chuang had a vision for a new type of computer. He recognized
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`that traditional computers are designed to meet the needs of everyone from a six year old to the
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`largest employers on earth. Mr. Chuang set out to build a computer for the home that offered a
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`2
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`HP Inc. - Exhibit 1013 - Page 2
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 3 of 117 PageID #: 933
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`simplified operating environment. Mr. Chuang founded LiTL and assembled a team of hardware
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`and software engineers and user interface designers to achieve his vision.
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`10.
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`LiTL developed a webbook, a portable computing device, which launched in
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`2009. LiTL focused on how a family typically uses the Internet in the home, and optimized the
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`webbook’s user interface for consuming Internet content.
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`
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`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
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`11.
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`The webbook provided multiple display modes. In laptop mode, users access a
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`keyboard and touchpad to browse the Internet and access apps that can be arranged as a set of
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`cards.
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`3
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`HP Inc. - Exhibit 1013 - Page 3
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 4 of 117 PageID #: 934
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`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
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`12.
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`Rotating the webbook display into “easel mode” allows users to easily consume
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`content from the Internet via a streamlined, intuitive interface.
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`http://web.archive.org/web/20091201114605/http://www.litl.com/easy-to-use/intuitive-
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`
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`interface.htm
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`
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`4
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`HP Inc. - Exhibit 1013 - Page 4
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 5 of 117 PageID #: 935
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`13.
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`In easel mode the webbook’s keyboard faces away from the user, and content is
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`enlarged on the display for easier viewing from further away.
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`http://web.archive.org/web/20130420102239/http://litl.com/webbook/meet-webbook/more-
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`fun.htm
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`14.
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`The webbook can also be configured in “frame mode,” in which the keyboard
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`faces down into the surface on which the webbook rests.
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`
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`’688 patent, Figure 26.
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`
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`5
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`HP Inc. - Exhibit 1013 - Page 5
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 6 of 117 PageID #: 936
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`15.
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`The webbook delivers content from a user’s favorite websites via “channels” to
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`provide an experience that resembles watching television.
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`http://web.archive.org/web/20091204052453/http://www.litl.com/essays/software.htm
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`16.
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`LiTL’s investment in innovation has produced a portfolio that includes over 30
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`patents in the United States as well as additional patents in other countries across the globe.
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`6
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`HP Inc. - Exhibit 1013 - Page 6
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 7 of 117 PageID #: 937
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`LiTL’s Asserted Patents
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`17.
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`This First Amended Complaint focuses on eight LiTL patents directed to various
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`aspects of computing devices that can be used in multiple display modes.
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`18.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
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`and to the ’688 patent titled “Portable computer with multiple display configurations.” The ’688
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`patent issued on October 16, 2012. The patent is generally directed to portable computers
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`configurable between a plurality of display modes. A copy of the ʼ688 patent is attached as
`
`Exhibit A.
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`19.
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`LiTL is the current owner by assignment of the entire right, title, and interest in
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`and to the ’844 patent titled “Portable computer with multiple display configurations.” The ’844
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`patent was duly and legally issued on January 7, 2014. The patent is generally directed to
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`portable computers configurable between a plurality of display modes. A copy of the ʼ844 patent
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`is attached as Exhibit B.
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`20.
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`LiTL is the current owner by assignment of the entire right, title, and interest in
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`and to the ’229 patent titled “Portable computer with multiple display configurations.” The ’229
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`patent was duly and legally issued on February 7, 2017. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ229 patent
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`is attached as Exhibit C.
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`21.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’154 patent titled “Portable computer with multiple display configurations.” The ’154
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`patent was duly and legally issued on May 14, 2019. The patent is generally directed to portable
`
`computers configurable between a plurality of display modes. A copy of the ʼ154 patent is
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`attached as Exhibit D.
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`7
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`HP Inc. - Exhibit 1013 - Page 7
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 8 of 117 PageID #: 938
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`22.
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`LiTL is the current owner by assignment of the entire right, title, and interest in
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`and to the ’315 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’315 patent was duly and legally issued on April 7, 2015. The patent is generally
`
`directed to a user interface configured to display a plurality of views of computer content. A
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`copy of the ʼ315 patent is attached as Exhibit E.
`
`23.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’715 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’715 patent was duly and legally issued on January 30, 2018. The patent is
`
`generally directed to a user interface configured to display a plurality of views of computer
`
`content. A copy of the ʼ715 patent is attached as Exhibit F.
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`24.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
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`and to the ’818 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’818 patent was duly and legally issued on February 18, 2020. The patent is
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`generally directed to a user interface configured to display a plurality of views of computer
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`content. A copy of the ʼ818 patent is attached as Exhibit G.
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`25.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
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`and to the ’888 patent titled “Method and apparatus for managing digital media content.” The
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`’888 patent was duly and legally issued on December 17, 2013. The patent relates generally to
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`accessing and managing digital media libraries on streamlined computing devices with a
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`plurality of selectable I/O profiles. A copy of the ʼ888 patent is attached as Exhibit H.
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`26.
`
`LiTL has complied with its obligations under 35 U.S.C. § 287 for each of the
`
`Asserted Patents.
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`8
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`HP Inc. - Exhibit 1013 - Page 8
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 9 of 117 PageID #: 939
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`27.
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`The Asserted Patents are well-known to personal computing companies because
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`the Asserted Patents and their published applications have been frequently cited during
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`prosecution of patent applications owned by personal computing companies.
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`28.
`
`The Asserted Patents belong to a family whose members have been cited in over
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`1,000 third-party patents and published applications.
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`29.
`
`The ’688 patent and its corresponding published application have been cited in
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`over 300 patents or published applications, including many that are assigned to major players in
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`the personal computing space such as HP.
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`30.
`
`The ’229, ’154, ’315, ’715, ’818 and ’888, patents are descendants of the ’688
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`patent.
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`31.
`
`Given the numerous patents directed to HP’s convertible laptops, the citations to
`
`the ’688 patent and corresponding published applications in HP’s own patent applications, on
`
`information and belief HP was aware of the ’688 patent before the filing of the Original
`
`Complaint, HP was aware of each of the Asserted Patents since at least the filing of the Original
`
`Complaint, and HP knew that HP’s convertible design infringes the Asserted Patents.
`
`HP’s Incorporation of LiTL’s Patented Technologies
`Into Its Computing Devices
`
`32.
`
`The allegations provided below are exemplary and without prejudice to LiTL’s
`
`infringement contentions. In providing these allegations, LiTL does not convey or imply any
`
`particular claim constructions or the precise scope of the claims. LiTL’s claim construction
`
`contentions regarding the meaning and scope of the claim terms will be provided under the
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`Court’s scheduling order and local rules.
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`33.
`
`The infringing products include, but are not limited to, EliteBook x360 830 G5;
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`EliteBook x360 830 G6; EliteBook x360 830 G7; EliteBook x360 830 G8; EliteBook x360 830
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`9
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`HP Inc. - Exhibit 1013 - Page 9
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 10 of 117 PageID #: 940
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`G9; EliteBook x360 1020 G2; EliteBook x360 1030 G2; EliteBook x360 1030 G3; EliteBook
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`x360 1030 G4; EliteBook x360 1030 G7; EliteBook x360 1030 G8; EliteBook x360 1040 G5;
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`EliteBook x360 1040 G6; EliteBook x360 1040 G7; EliteBook x360 1040 G8; EliteBook x360
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`1040 G9; EliteBook x360 1040 G10; Elite Dragonfly G1; Elite Dragonfly G2; Elite Dragonfly
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`G3; Elite Dragonfly Max; ZBook Studio x360 G5; ProBook x360 11 G1; ProBook x360 11 G2;
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`ProBook x360 11 G3; ProBook x360 11 G4; ProBook x360 11 G5; ProBook x360 11 G6;
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`ProBook x360 11 G7 Education Edition; ProBook x360 435 G7; ProBook x360 435 G8;
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`ProBook x360 435 G9; ProBook x360 440 G1; Pro x360 Fortis G9; Pro x360 Fortis G10;
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`Pavilion x360 (11.6 inch); Pavilion x360 (13.3 inch); Pavilion x360 (14 inch); Pavilion x360
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`(15.6 inch); Envy x360 (13.3 inch); Envy x360 (15.6 inch); Spectre x360 (13.3 inch); Spectre
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`x360 (13.5 inch); Spectre x360 (15.6 inch); Spectre x360 (16.0 inch); Spectre Pro x360 G2; and
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`Stream x360 11 (“Accused Products”). The Accused Products are non-limiting examples that
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`were identified based on publicly available information, and LiTL reserves the right to identify
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`additional infringing activities, products and services, including, for example, on the basis of
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`information obtained during discovery.
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`34.
`
`While each of the Accused Products are convertible models, HP also offers at
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`least six product lines which can be sold in a conventional laptop configuration as an alternative
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`to the infringing convertible configuration (e.g., ProBook, EliteBook, Pavilion, Spectre, Envy,
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`ZBook). HP distinguishes conventional laptops from convertible models by labelling the latter
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`with an “x360” designation in the product name:
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`• ProBook: https://press.hp.com/us/en/blogs/2020/new-hp-pcs-remote-in-office-
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`workstyles.html (distinguishing between ProBook 445 G8 and ProBook 435 x360
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`10
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`HP Inc. - Exhibit 1013 - Page 10
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 11 of 117 PageID #: 941
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`G8 by emphasizing that the latter “features a 360-degree hinge to adapt to four
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`modes”)
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`• EliteBook: https://press.hp.com/us/en/press-releases/2019/hp-transforms-pc-
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`security-with-AI-driven-hp-sure-sense.html (distinguishing between EliteBook 830
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`G6 and EliteBook 830 x360 G6 by emphasizing that the latter “features four distinct
`
`modes”)
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`• Pavilion: https://www.hp.com/us-en/shop/tech-takes/hp-pavilion-laptop-review
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`(distinguishing between Pavilion and Pavilion x360 by emphasizing that the latter
`
`has a “unique 360-degree hinge with four modes”)
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`• Spectre: https://press.hp.com/us/en/press-kits/2017/premium-launch.html
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`(distinguishing between Spectre 13 and Spectre x360 13)
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`• Envy: https://www.hp.com/us-en/shop/tech-takes/hp-envy-laptops-a-complete-
`
`review (distinguishing between Envy and Envy x360 by emphasizing that the latter
`
`has “four modes”)
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`• ZBook: https://press.hp.com/us/en/press-releases/2018/hps-new-high-performance-
`
`workstations.html (distinguishing between ZBook Studio and ZBook Studio x360)
`
`11
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`HP Inc. - Exhibit 1013 - Page 11
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 12 of 117 PageID #: 942
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`35.
`
`HP’s customer support website describes four modes into which HP’s x360
`
`laptops can be configured.
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`
`
`
`
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`
`
`
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`https://support.hp.com/ph-en/document/ish_3894098-3878823-16.
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`36.
`
`HP also offers convertible laptops under its Dragonfly product line. See, e.g.,
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`https://press.hp.com/content/dam/hpi/press/press-kits/2019/fall-commercial-premium-
`
`launch/datasheets/HPElite-Dragonfly-Datasheet.pdf (HP Elite Dragonfly Notebook PC
`
`Datasheet showing four display modes).
`
`12
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`HP Inc. - Exhibit 1013 - Page 12
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 13 of 117 PageID #: 943
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`37.
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`The Accused Products are convertible laptops, which are capable of being used
`
`in multiple modes, including laptop mode (also called “clamshell mode”), tent mode, tablet
`
`mode, and stand mode.
`
`• Elitebook x360 and Spectre x360 (January 3, 2017):
`
`https://press.hp.com/us/en/press-releases/2017/hp-inc--ignites-powerful-pc-
`
`experiences-at-ces-2017.html
`
`• Pavilion x360 (11.6 inch, 14 inch, 15.6 inch) (April 14, 2017):
`
`https://press.hp.com/us/en/blogs/2017/hp_set_to_wow_atcoachellawithexperientialar
`
`tmusicandtechnologyin.html
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`• Spectre x360 (13.3 inch) (October 4, 2017): https://press.hp.com/us/en/press-
`
`kits/2017/premium-launch.html
`
`• ZBook Studio x360 G5 (April 5, 2018): https://press.hp.com/us/en/press-
`
`releases/2018/hps-new-high-performance-workstations.html
`
`• EliteBook x360 1030 G3, Envy x360 (13.3 inch, 15.6 inch) (May 14, 2018):
`
`https://press.hp.com/us/en/press-releases/2018/hp-unveils-stunning-new-lineup-of-
`
`premium-pcs.html
`
`• EliteBook x360 1040 G5, Spectre x360 (15.6 inch) (October 23, 2018):
`
`https://press.hp.com/us/en/press-releases/2018/hp-extends-premium-pc-leadership-
`
`with-amazing-innovations.html
`
`• EliteBook x360 830 G5 (January 6, 2019): https://press.hp.com/us/en/press-
`
`kits/2018/hp_at_ces_2019.html
`
`• EliteBook x360 1030 G2 (March 11, 2019): https://www.hp.com/us-en/shop/tech-
`
`takes/hp-elitebook-x360-1030-g2-laptop-complete-review
`
`13
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`HP Inc. - Exhibit 1013 - Page 13
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`
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 14 of 117 PageID #: 944
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`• EliteBook x360 830 G6 (April 16, 2019): https://press.hp.com/us/en/press-
`
`releases/2019/hp-transforms-pc-security-with-AI-driven-hp-sure-sense.html
`
`• EliteBook x360 1030 G4, EliteBook x360 1040 G6 (May 27, 2019):
`
`https://press.hp.com/us/en/press-releases/2019/hp-elevates-premium-and-
`
`personalized-pc-experiences-for-leaders-and-creators.html.
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`• Elite Dragonfly G1 (September 17, 2019): https://press.hp.com/us/en/press-
`
`kits/2019/introducing-hp-elite-dragonfly.html
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`• ProBook x360 11 G3 (January 21, 2020): https://press.hp.com/us/en/press-
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`releases/2020/hp-advances-digital-teaching-and-learning-experiences.html
`
`• EliteBook x360 830 G7, EliteBook x360 1030 G7, EliteBook x360 1040 G7 (May
`
`26, 2020): https://press.hp.com/us/en/press-releases/2020/hp-provides-ultimate-
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`office-experience-at-home.html
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`• Spectre x360 (13.5 inch) (October 20, 2020): https://press.hp.com/us/en/press-
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`releases/2020/breakthrough-design-spectre-x360.html
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`• EliteBook x360 1040 G8, Elite Dragonfly G2, Elite Dragonfly Max, ProBook x360
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`435 G8 (January 10, 2021): https://press.hp.com/us/en/press-kits/2020/hp-ces-
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`2021.html
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`38.
`
`HP entities make, use, sell, offer for sale and import the EliteBook x360 1030
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`G3. The device’s features are described on HP’s website in various places, including but not
`
`limited to:
`
`• https://www.hp.com/us-en/shop/pdp/hp-elitebook-x360-1030-g3-notebook-pc-p-
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`4tb96ut-aba-1 (“EliteBook x360 1030 G3 Webpage”)
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`14
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`HP Inc. - Exhibit 1013 - Page 14
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`
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`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 15 of 117 PageID #: 945
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`• https://support.hp.com/us-en/document/c06074000 (“EliteBook x360 1030 G3
`
`Specifications”)
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`• http://h10032.www1.hp.com/ctg/Manual/c06074672.pdf (“EliteBook x360 1030 G3
`
`Maintenance and Service Guide”)
`
`• http://h10032.www1.hp.com/ctg/Manual/c06079118.pdf (“EliteBook x360 1030 G3
`
`User Guide”)
`
`• https://support.hp.com/ph-en/document/ish_3894098-3878823-16 (“HP x360
`
`Notebook PC Modes”)
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`39.
`
`HP’s describes the first iteration of its EliteBook x360 1030 as including at least
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`four operating modes:
`
`• “Laptop mode is the traditional, classic way of using your computer’s keyboard and
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`display.”
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`• “For uninterrupted views when streaming or sharing, tent mode offers a display-
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`focused view with the keyboard flipped backward.”
`
`• “When you’re by yourself and focused on streaming, you may prefer a configuration
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`focused more on stability then sharing. That’s the intention for media/stand mode,
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`which involves flipping your keyboard back behind your display to provide an even
`
`more stable setup for you enjoy your favorite media.”
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`• “Tablet mode is optimized for mobility and touch screen use. Just fold your display
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`against the back of your keyboard and you’ll be ready to go.”
`
`15
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`HP Inc. - Exhibit 1013 - Page 15
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`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 16 of 117 PageID #: 946
`
`
`https://www.hp.com/gb-en/shop/tech-takes/hp-elitebook-x360-1030-g2-laptop-complete-review.
`
`40.
`
`HP’s customer support webpage explains that configuring HP convertible laptops
`
`into “stand mode, tent mode, or tablet mode” will “disable the keyboard on an x360 notebook.”
`
`
`
`16
`
`HP Inc. - Exhibit 1013 - Page 16
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 17 of 117 PageID #: 947
`
`See, e.g., HP x360 Notebook PC Modes.
`
`41.
`
`The Maintenance and Service Guide for the HP ENVY x360 explains that the
`
`keyboard and touchpad are automatically disabled when the laptop is not in “Laptop mode.”
`
`
`
`http://h10032.www1.hp.com/ctg/Manual/c04642245.pdf, p. 8.
`
`42.
`
`On information and belief, the Accused Products identified in the table below are
`
`capable of operating in the four operating modes described in the preceding paragraphs:
`
`
`
`17
`
`HP Inc. - Exhibit 1013 - Page 17
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 18 of 117 PageID #: 948
`
`EliteBook x360 830 G5
`
`EliteBook x360 830 G6
`
`EliteBook x360 830 G7
`
`EliteBook x360 830 G8
`
`EliteBook x360 1020 G2
`
`EliteBook x360 1030 G2
`
`EliteBook x360 1030 G3
`
`EliteBook x360 1030 G4
`
`EliteBook x360 1030 G7
`
`EliteBook x360 1030 G8
`
`EliteBook x360 1040 G5
`
`EliteBook x360 1040 G6
`
`EliteBook x360 1040 G7
`
`EliteBook x360 1040 G8
`
`https://support.hp.com/us-
`en/document/c06274483
`https://support.hp.com/us-en/product/hp-
`elitebook-x360-830-g6-notebook-
`pc/26625607/document/c06355681
`https://support.hp.com/si-
`en/document/c06692695
`https://support.hp.com/us-
`en/document/c06992401
`https://support.hp.com/us-
`en/document/c05736970
`https://support.hp.com/gb-
`en/document/c05355646
`https://support.hp.com/us-
`en/document/c06074000
`https://support.hp.com/au-en/document/c06432206
`
`https://support.hp.com/hk-
`en/document/c06719267
`https://support.hp.com/za-
`en/document/c06992407
`https://support.hp.com/us-
`en/document/c06156641
`https://support.hp.com/za-
`en/document/c06400841
`https://support.hp.com/id-
`en/document/c06719268
`https://support.hp.com/ie-en/document/c06992408
`
`Elite Dragonfly G1
`
`https://support.hp.com/us-en/document/c06469188
`
`Elite Dragonfly G2
`
`Elite Dragonfly Max
`
`https://support.hp.com/in-
`en/document/c06994777
`https://support.hp.com/hk-en/document/c07002649
`
`ZBook Studio x360 G5
`
`https://support.hp.com/lt-
`en/document/c07722736
`
`18
`
`HP Inc. - Exhibit 1013 - Page 18
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 19 of 117 PageID #: 949
`
`ProBook x360 11 G1
`
`ProBook x360 11 G2
`
`ProBook x360 11 G3
`
`ProBook x360 11 G4
`
`ProBook x360 11 G5
`
`ProBook x360 11 G6
`
`ProBook x360 11 G7
`Education Edition
`ProBook x360 435 G7
`
`ProBook x360 435 G8
`
`ProBook x360 440 G1
`
`Pavilion x360 (11.6 inch)
`
`Pavilion x360 (13.3 inch)
`
`Pavilion x360 (14 inch)
`
`Pavilion x360 (15.6 inch)
`
`Envy x360 (13.3 inch)
`
`Envy x360 (15.6 inch)
`
`Spectre x360 (13.3 inch)
`
`Spectre x360 (13.5 inch)
`
`https://support.hp.com/ee-
`en/document/c05350661
`https://support.hp.com/ca-
`en/document/c05552288
`https://support.hp.com/us-
`en/document/c06191159
`https://support.hp.com/us-
`en/document/c06273639
`https://support.hp.com/us-
`en/document/c06512428
`https://support.hp.com/us-
`en/document/c06617212
`https://support.hp.com/hk-
`en/document/c07051142
`https://support.hp.com/au-
`en/document/c06646120
`https://support.hp.com/us-en/product/hp-
`probook-x360-435-g8-notebook-pc/
`https://support.hp.com/za-
`en/document/c06062560
`https://support.hp.com/us-en/product/hp-
`pavilion-11-u000-x360-convertible-pc/
`https://support.hp.com/us-en/product/hp-
`pavilion-13-u100-x360-convertible-pc/
`https://support.hp.com/us-en/product/hp-
`pavilion-14-cd0000-x360-convertible-pc/
`https://support.hp.com/us-en/product/hp-
`pavilion-15-br000-x360-convertible-pc/
`https://support.hp.com/ie-en/product/hp-envy-
`13-ag0000-x360-convertible-pc/
`https://support.hp.com/ie-en/product/hp-envy-
`15-cn0000-x360-convertible-pc/
`https://support.hp.com/gb-en/product/hp-
`spectre-13-ae000-x360-convertible-pc/
`https://support.hp.com/us-en/product/hp-
`spectre-x360-14-convertible-pc-14-
`ea0000/35698516/model/
`
`19
`
`HP Inc. - Exhibit 1013 - Page 19
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 20 of 117 PageID #: 950
`
`Spectre x360 (15.6 inch)
`
`Spectre Pro x360 G2
`
`Stream x360 11
`
`https://support.hp.com/us-en/product/hp-
`spectre-15-bl000-x360-convertible-pc/
`https://support.hp.com/us-
`en/document/c04957040
`https://support.hp.com/gb-en/product/hp-
`stream-11-aa000-x360-convertible-pc/
`
`
`
`43.
`
`As detailed below, each element of at least one claim of each of the Asserted
`
`Patents is literally present in the Accused Products, or is literally practiced by HP personnel,
`
`agents or customers who use the Accused Products. To the extent that any element is not
`
`literally present or practiced, each such element is present or practiced under the doctrine of
`
`equivalents.
`
`44.
`
`HP has made extensive use of LiTL’s patented technologies, including the
`
`technology described and claimed in the Asserted Patents. LiTL is committed to defending its
`
`proprietary and patented technology. LiTL requests that this Court award it damages sufficient
`
`to compensate for HP’s infringement of the Asserted Patents, find this case exceptional and
`
`award LiTL its attorneys’ fees and costs, and grant an injunction against HP to prevent ongoing
`
`infringement of the Asserted Patents.
`
`COUNT I
`
`(Infringement of U.S. Patent No. 8,289,688)
`
`45.
`
`LiTL incorporates by reference and realleges all the foregoing paragraphs of the
`
`First Amended Complaint as if fully set forth herein.
`
`HP’s Direct Infringement
`
`46.
`
`HP has directly infringed and continues to directly infringe, literally and/or
`
`equivalently, one or more claims of the ʼ688 patent, including at least claim 19, including by
`
`importing, using, selling, and offering for sale in the United States the Accused Products.
`
`20
`
`HP Inc. - Exhibit 1013 - Page 20
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 21 of 117 PageID #: 951
`
`47.
`
`The Accused Products (e.g., the EliteBook x360 1030 G3) are portable
`
`computers that include a base unit comprising an integrated keyboard and a single display unit
`
`including a single display screen configured to display content. For example:
`
`
`
`48.
`
`The Accused Products (e.g., the EliteBook x360 1030 G3) include an orientation
`
`
`
`sensor which detects a physical orientation of the single display unit relative to the base unit and
`
`a display orientation module which orients the content displayed on the single display screen
`
`responsive to the physical orientation detected by the orientation sensor between at least a first
`
`content display orientation and a second content display orientation, the second content display
`
`orientation being 180 degrees relative to the first content display orientation. For example:
`
`See, e.g., EliteBook x360 1030 G3 Specifications
`
`
`
`21
`
`HP Inc. - Exhibit 1013 - Page 21
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 22 of 117 PageID #: 952
`
`First content display orientation
`
`
`
`Second content display orientation
`
`
`
`
`
`49.
`
`The Accused Products (e.g., the EliteBook x360 1030 G3) include a display
`
`orientation module that is configured to detect a change between a laptop mode, an easel mode,
`
`and a frame mode based on the detected physical orientation of the single display unit relative to
`
`the base unit. For example:
`
`22
`
`HP Inc. - Exhibit 1013 - Page 22
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 23 of 117 PageID #: 953
`
`
`
`
`
`
`
`Laptop mode
`
`Easel mode
`
`Frame mode
`
`23
`
`
`
`
`
`HP Inc. - Exhibit 1013 - Page 23
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 24 of 117 PageID #: 954
`
`50.
`
`The Accused Products (e.g., the EliteBook x360 1030 G3) include a display
`
`orientation module further configured to trigger a display inversion from one of the first and
`
`second content display orientations to the other of the first and second content display
`
`orientations responsive to the orientation sensor detecting the change between the laptop mode
`
`and the easel mode. For example:
`
`First content display orientation in laptop mode
`
`
`
`
`Second content display orientation in easel mode
`
`
`
`
`
`24
`
`HP Inc. - Exhibit 1013 - Page 24
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 25 of 117 PageID #: 955
`
`51.
`
`The Accused Products (e.g., the EliteBook x360 1030 G3) include a display
`
`orientation module further configured to trigger a display inversion from one of the first and
`
`second content display orientations to the other of the first and second content display
`
`orientations responsive to the orientation sensor detecting the change between the easel mode and
`
`the frame mode. For example:
`
`
`
`
`
`Easel mode
`
`
`Frame mode
`
`
`25
`
`HP Inc. - Exhibit 1013 - Page 25
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 26 of 117 PageID #: 956
`
`HP’s Knowledge of the Patents Owned by Its Subsidiary
`Hewlett-Packard Development Company, L.P.
`
`52.
`
`Hewlett-Packard Development Company, L.P. (“HPDC”) is a wholly-owned
`
`subsidiary of HP Inc. HPDC is a holding company for HP Inc.’s intellectual property rights.
`
`53.
`
`On information and belief, HPDC routinely relies on HP Inc. and its patent
`
`attorneys to prosecute HPDC patent applications with the USPTO.
`
`54.
`
`On information and belief, HPDC routinely designates HP Inc. as the entity to
`
`receive correspondence from the USPTO regarding HPDC’s patent applications.
`
`55.
`
`HP Inc. (or its predecessor, Hewlett-Packard Company) received USPTO
`
`correspondence for the following HPDC patent applications: US 15/023,608; US 14/898,002;
`
`PCT/US2013/071586; US 15/026,368; and US 29/466,714.
`
`56.
`
`As detailed below, the ’688 patent or its published application was cited during
`
`prosecution of each of HPDC’s US Application Nos. 15/023,608; 14/898,002;
`
`PCT/US2013/071586; 15/026,368; and 29/466,714.
`
`57.
`
`As detailed below, during prosecution of HPDC’s US 15/023,608, a HP Inc.
`
`patent attorney amended claims and attempted to distinguish the published application that
`
`issued as the ’688 patent in response to an office action.
`
`58.
`
`As detailed below, during prosecution of HPDC’s US 14/898,002, the USPTO
`
`mailed to HP Inc. an office action that rejected certain pending claims as obvious over the ’688
`
`patent.
`
`59.
`
`As detailed below, in response to HPDC’s filing of PCT/US2013/071586,
`
`Hewlett-Packard Company (HP Inc.’s predecessor) received a written opinion from the
`
`International Searching Authority that identified the ’688 patent as “the closest prior art” to the
`
`subject matter of HPDC’s claim 1.
`
`26
`
`HP Inc. - Exhibit 1013 - Page 26
`
`
`
`Case 1:23-cv-00120-RGA Document 20 Filed 05/03/23 Page 27 of 117 PageID #: 957
`
`60.
`
`As detailed below, during prosecution of HPDC’s US 15/026,368, a HP Inc.
`
`patent attorney submitted an IDS identifying the ’688 patent.
`
`61.
`
`As detailed below, during prosecution of HPDC’s US 29/466,714 an IDS
`
`identifying the ’688 patent was submitted, the issued patent (D727,309) identifies the ’688 patent
`
`on its face, and the Application Data Sheet identifies Hewlett-Packard Company (via Customer
`
`Number 22879) in the correspondence information.
`
`62.
`
`On information and belief, HP Inc. acts as the agent for HPDC in patent
`
`prosecution matters in the United States, and HP Inc. patent attorneys receive correspondence
`
`regarding HPDC patent applications.
`
`63.
`
`For example, on November 1, 2013, HPDC filed, with the USPTO, International
`
`Application No. PCT/US2013/067949, which included a POA dated September 10, 2013 that
`
`identifies several dozen patent attorneys of Hewlett-Packard Company (the predecessor of HP
`
`Inc.) as HPDC’s agents. HPDC provided as the address for correspondence a mailing address
`
`for the Intellectual Property Administration of Hewlett-Packard Company (the predecessor to HP
`
`Inc.) and authorized the USPTO to send notifications to Hewlett-Packard Company’s email
`
`address, ipa.mail@hp.com.
`
`64.
`
`HPDC filed similar POAs that identify dozens of Hewlett-Packard Company
`
`patent attorneys as HPDC’s agents and provided Hewlett-Packard Company’s mailing address
`
`and email for receiving correspondence for numerous International Applications filed with the
`
`USPTO in the years 2014 and 2015, including the following: PCT/US2014/010136;
`
`PCT/US2014/018062; PCT/US2014/026327; PCT/US2014/028909; PCT/US2014/032249;
`
`PCT/US2014/039866; PCT/US2014/058373; PCT/US2014/065439; PCT/US2014/070328;
`
`PCT/US2015/013995; PCT/US2015/019961; PC
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