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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`LITL LLC,
`
`v.
`
`HP INC.,
`
`Plaintiff,
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`Defendant.
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`
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`
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`Civil Action No. ______________
`
`JURY TRIAL DEMANDED
`
`Plaintiff LiTL LLC (“Plaintiff” or “LiTL”) brings this action for patent infringement
`
`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
`
`EX-1018
`Microsoft Inc. v. LiTL LLC
`
`
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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.
`
`THE PARTIES
`
`4.
`
`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.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`This Court has personal jurisdiction over HP. HP is subject to general personal
`
`jurisdiction in the State of Delaware because it is incorporated in the State of Delaware.
`
`8.
`
`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
`
`District and has committed acts of direct and indirect infringement in this District by, among
`
`other things, making, using, offering to sell, selling, and/or importing products that infringe the
`
`Asserted Patents.
`
`FACTUAL BACKGROUND
`
`LiTL’s Patented Technologies
`
`9.
`
`In 2007, John Chuang had a vision for a new type of computer. He recognized
`
`that traditional computers are designed to meet the needs of everyone from a six year old to the
`
`largest employers on earth. Mr. Chuang set out to build a computer for the home that offered a
`
`2
`
`
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`simplified operating environment. Mr. Chuang founded LiTL and assembled a team of hardware
`
`and software engineers and user interface designers to achieve his vision.
`
`10.
`
`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.
`
`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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`
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`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
`
`
`12.
`
`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-
`
`
`
`interface.htm
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`
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`4
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`
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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.
`
`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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`
`
`’688 patent, Figure 26.
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`
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`5
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`
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`15.
`
`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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`
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`
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`http://web.archive.org/web/20091204052453/http://www.litl.com/essays/software.htm
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`
`16.
`
`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.
`
`6
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`
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`LiTL’s Asserted Patents
`
`17.
`
`This complaint focuses on eight LiTL patents directed to various 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
`
`and to the ’688 patent titled “Portable computer with multiple display configurations.” The ’688
`
`patent issued on October 16, 2012. The patent is generally directed to portable computers
`
`configurable between a plurality of display modes. A copy of the ʼ688 patent is attached as
`
`Exhibit A.
`
`19.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`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
`
`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.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`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
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`computers configurable between a plurality of display modes. A copy of the ʼ154 patent is
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`attached as Exhibit D.
`
`7
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`
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`22.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`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.
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`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
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`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.
`
`24.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`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
`
`generally directed to a user interface configured to display a plurality of views of computer
`
`content. A copy of the ʼ818 patent is attached as Exhibit G.
`
`25.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`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.
`
`26.
`
`LiTL has complied with its obligations under 35 U.S.C. § 287 for each of the
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`Asserted Patents.
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`8
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`
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`27.
`
`The Asserted Patents are well-known to personal computing companies because
`
`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.
`
`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.
`
`29.
`
`The ’688 patent and its corresponding published application have been cited in
`
`over 250 patents or published applications, including many that are assigned to major players in
`
`the personal computing space such as HP.
`
`30.
`
`The ’229, ’154, ’315, ’715, ’818 and ’888, patents are descendants of the ’688
`
`patent.
`
`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 each of the Asserted Patents before the filing of this
`
`Complaint and 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.
`
`33.
`
`The infringing products include, but are not limited to, EliteBook x360 830 G5;
`
`EliteBook x360 830 G6; EliteBook x360 830 G7; EliteBook x360 830 G8; EliteBook x360 830
`
`G9; 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;
`
`9
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`
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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
`
`(15.6 inch); Envy x360 (13.3 inch); Envy x360 (15.6 inch); Spectre x360 (13.3 inch); Spectre
`
`x360 (13.5 inch); Spectre x360 (15.6 inch); Spectre x360 (16.0 inch); Spectre Pro x360 G2; and
`
`Stream x360 11 (“Accused Products”). The Accused Products are non-limiting examples that
`
`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
`
`information obtained during discovery.
`
`34.
`
`While each of the Accused Products are convertible models, HP also offers at
`
`least six product lines which can be sold in a conventional laptop configuration as an alternative
`
`to the infringing convertible configuration (e.g., ProBook, EliteBook, Pavilion, Spectre, Envy,
`
`ZBook). HP distinguishes conventional laptops from convertible models by labelling the latter
`
`with an “x360” designation in the product name:
`
`• ProBook: https://press.hp.com/us/en/blogs/2020/new-hp-pcs-remote-in-office-
`
`workstyles.html (distinguishing between ProBook 445 G8 and ProBook 435 x360
`
`G8 by emphasizing that the latter “features a 360-degree hinge to adapt to four
`
`modes”)
`
`10
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`
`
`• EliteBook: https://press.hp.com/us/en/press-releases/2019/hp-transforms-pc-
`
`security-with-AI-driven-hp-sure-sense.html (distinguishing between EliteBook 830
`
`G6 and EliteBook 830 x360 G6 by emphasizing that the latter “features four distinct
`
`modes”)
`
`• Pavilion: https://www.hp.com/us-en/shop/tech-takes/hp-pavilion-laptop-review
`
`(distinguishing between Pavilion and Pavilion x360 by emphasizing that the latter
`
`has a “unique 360-degree hinge with four modes”)
`
`• Spectre: https://press.hp.com/us/en/press-kits/2017/premium-launch.html
`
`(distinguishing between Spectre 13 and Spectre x360 13)
`
`• 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”)
`
`• 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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`
`
`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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`
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`
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`36.
`
`HP also offers convertible laptops under its Dragonfly product line. See, e.g.,
`
`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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`
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`37.
`
`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
`
`• 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
`
`
`
`• 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.
`
`• Elite Dragonfly G1 (September 17, 2019): https://press.hp.com/us/en/press-
`
`kits/2019/introducing-hp-elite-dragonfly.html
`
`• ProBook x360 11 G3 (January 21, 2020): https://press.hp.com/us/en/press-
`
`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-
`
`releases/2020/breakthrough-design-spectre-x360.html
`
`• 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-
`
`2021.html
`
`38.
`
`HP entities make, use, sell, offer for sale and import the EliteBook x360 1030
`
`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-
`
`4tb96ut-aba-1 (“EliteBook x360 1030 G3 Webpage”)
`
`14
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`
`
`• https://support.hp.com/us-en/document/c06074000 (“EliteBook x360 1030 G3
`
`Specifications”)
`
`• 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”)
`
`39.
`
`HP’s describes the first iteration of its EliteBook x360 1030 as including at least
`
`four operating modes:
`
`• “Laptop mode is the traditional, classic way of using your computer’s keyboard and
`
`display.”
`
`• “For uninterrupted views when streaming or sharing, tent mode offers a display-
`
`focused view with the keyboard flipped backward.”
`
`• “When you’re by yourself and focused on streaming, you may prefer a configuration
`
`focused more on stability then sharing. That’s the intention for media/stand mode,
`
`which involves flipping your keyboard back behind your display to provide an even
`
`more stable setup for you enjoy your favorite media.”
`
`• “Tablet mode is optimized for mobility and touch screen use. Just fold your display
`
`against the back of your keyboard and you’ll be ready to go.”
`
`15
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`
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`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
`
`
`
`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
`
`
`
`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
`
`
`
`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
`
`
`
`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
`
`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
`
`
`
`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
`
`
`
`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
`
`
`
`Laptop mode
`
`Easel mode
`
`Frame mode
`
`
`
`
`
`
`
`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
`
`23
`
`
`
`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
`
`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:
`
`24
`
`
`
`Easel mode
`
`
`
`
`Frame mode
`
`HP’s Knowledge of the Patents Owned by Its Subsidiary
`Hewlett-Packard Development Company, L.P.
`
`
`
`52.
`
`On information and belief, the Hewlett-Packard Development Company, L.P.
`
`(“HPDC”) is a wholly-owned subsidiary of HP.
`
`53.
`
`On information and belief, HP Inc. acts as the agent for HPDC in patent
`
`prosecution matters in the United States. For example, on April 27, 2018, HPDC filed with the
`
`25
`
`
`
`USPTO International Application No. PCT/US2018/029889 (“the ’889 HP Application”). In a
`
`POA that HPDC filed with the ’889 HP Application, HPDC appointed HP Inc. as its agent.
`
`54.
`
`In the POA that HPDC filed with the ’889 HP Application, HPDC identified 17
`
`patent attorneys from HP Inc., including Ceyda Azakli Maisami and Benjamin Su.
`
`
`
`26
`
`
`
`
`
`
`
`HP’s Knowledge of the ’688 Patent
`
`55.
`
`70. On information and belief, HP has known of the ’688 patent since at least
`
`about November 2014.
`
`56.
`
`The ’688 patent and its published application were cited during prosecution of at
`
`least four U.S. patent applications owned by HPDC.
`
`
`
`27
`
`
`
`
`
`The HP ’714 Application
`
`57.
`
`For example, on September 11, 2013, HPDC filed U.S. Patent Application No.
`
`29/466,714 (“the HP ’714 Application”), entitled “Computing Device.” The Application Data
`
`Sheet included in the “Correspondence Information” the email address ipa.mail@hp.com and
`
`identified Customer No. 22879.
`
`58.
`
`On September 19, 2013, the USPTO issued a notice acknowledging receipt of
`
`the ’714 Application to “Hewlett-Packard Company” and listed Customer No. 22879. On
`
`information and belief, in about November 2015, Hewlett-Packard Company changed its name to
`
`HP Inc. https://investor.hp.com/news/press-release-details/2015/HP-Board-of-Directors-
`
`Approves-Separation/default.aspx
`
`59.
`
`On November 18, 2014, the applicant submitted an Information Disclosure
`
`Statement (“IDS”) that identifies the ’688 patent along with ten other patent references.
`
`60.
`
`On February 25, 2015, the USPTO issued a Notice of Allowance that indicates it
`
`was mailed to HP Inc.’s predecessor, Hewlett-Packard Company.
`
`61.
`
`On April 21, 2015, the HP ’714 Application issued as U.S. Patent No. D727,309,
`
`and identifies the ’688 patent under the “References Cited” section.
`
`
`
`The HP ’002 Application
`
`62.
`
`As another example, on December 11, 2015, HPDC filed U.S. Patent
`
`Application No. 14/898,002 (“the HP ’002 Application”), entitled “Tablet Computer.” The
`
`Application Data Sheet included in the “Correspondence Information” the email address
`
`IPA.MAIL@HP.COM and identified Customer No. 22879. The Application Data Sheet was
`
`signed by Ceyda Azakli Maisami. Ms. Maisami’s LinkedIn page identifies her as a Senior
`
`Patent Counsel at HP from January 2015 to November 2017.
`
`https://www.linkedin.com/in/ceydaam/
`
`28
`
`
`
`63.
`
`On April 5, 2016, the USPTO issued a Notice of Acceptance of Application to
`
`“HP Inc.” and listed Customer No. 22879.
`
`64.
`
`The HP ’002 Application discloses a tablet computer having a keyboard that
`
`rotates behind the screen, as depicted in Figures 1-3 below.
`
`
`
`Figure 1
`
`
`
`Figure 2
`
`
`
`Figure 3
`
`
`
`65.
`
`On October 7, 2016, the USPTO issued an office action that indicates it was
`
`mailed to HP Inc. The examiner rejected claims 1-5, 7, 8, 11 and 14-15 as anticipated by Chen
`
`(2005/0052831), and rejected dependent claims 9 and 10 “under 35 U.S.C. 103 as being
`
`unpatentable over Chen (2005/0052831) as applied to the claims above, and further in view of
`
`Behar (8,289,688).” The office action discusses Figure 17 of the ’688 patent, depicted below.
`
`
`
`29
`
`
`
`66.
`
`On January 6, 2017, the applicant responded to the office action by amending,
`
`inter alia, claim 1 and dependent claim 9. The applicant argued that “Chen and Behar,
`
`independently or in combination, do not teach, suggest, or render obvious reach [sic] and every
`
`limitation of Applicant’s claim 1.” The applicant requested withdrawal of the obviousness
`
`rejection.
`
`67.
`
`On March 6, 2017, the USPTO issued a Notice of Allowance that indicates it
`
`was mailed to HP Inc.
`
`68.
`
`On information and belief, Ms. Maisami, an HP patent attorney, authorized
`
`payment of the required issue fee for the HP ’002 Application on or about April 29, 2017.
`
`69.
`
`On June 6, 2017, the HP ’002 Application issued as U.S. Patent No. 9,671,829,
`
`identifies the ’688 patent under the “References Cited” section, and identifies “HP Patent
`
`Department” as the “Attorney, Agent, or Firm.”
`
`
`
`The HP ’368 Application
`
`70.
`
`As another example, on March 31, 2016, HPDC filed U.S. Patent Application
`
`No. 15/026,368 (“the HP ’368 Application”), entitled “Locking Mechanism To Lock Key
`
`Movement Of Keyboards.” The Application Data Sheet included in the “Correspondence
`
`Information” the email address ipa.mail@hp.com and identified Customer No. 22879. The
`
`Application Data Sheet was signed by Ms. Maisami.
`
`71.
`
`Paragraph 23 of the specification of the HP ’368 Application discloses that a
`
`“portable computing device may include a hinged display that may be rotated through a range of
`
`360 degrees of motion, including ranges that lock or unlock the keyboard.” Figures 1 and 2
`
`depict a computing device with the keyboard in an unlocked and locked position, respectively.
`
`30
`
`
`
`
`
`
`
`
`
`72.
`
`The March 31, 2016 submission by HPDC included an IDS that identifies the
`
`’688 patent.
`
`73.
`
`On July 5, 2017, the USPTO issued a Notice of Allowance that indicates it was
`
`mailed to HP Inc.
`
`74.
`
`On or about August 2, 2017, Benjamin Su authorized payment of the required
`
`issue fee for the HP ’368 Application. On information and belief, Mr. Su has been a Senior
`
`Patent Counsel at HP Inc. since about November 2013. https://www.linkedin.com/in/benjamin-s-
`
`5032166/
`
`75.
`
`On October 3, 2017, the HP ’368 Application issued as U.S. Patent No.
`
`9,778,683, identifies the ’688 patent under the “References Cited” section, and identifies “HP
`
`Patent Department” as the “Attorney, Agent, or Firm.”
`
`
`
`The HP ’608 Application
`
`76.
`
`As another example, on March 21, 2016, HPDC filed U.S. Patent Application
`
`No. 15/023,608 (“the HP ’608 Application”), entitled “Form Adjustable Angle Between A
`
`Battery And Battery Cavity To Selectively Place A Video Display In Viewing Orientations.”
`
`The Application Data Sheet included in the “Correspondence Information” the email address
`
`31
`
`
`
`ipa.mail@hp.com and identified Customer No. 22879. The Application Data Sheet was signed
`
`by Ms. Maisami.
`
`77.
`
`On February 27, 2017, the USPTO issued an office action that indicates it was
`
`mailed to HP Inc. The examiner rejected claims 1-4, 6-12, and 14-15 “under 35 U.S.C. 103 as
`
`being unpatentable over Iwasaki et al., US Pub. 2004/0191614 A1, (citations in parenthesis) in
`
`view of Behar et al (US 20090244832 A1).” The examiner further stated: “Behar teaches a
`
`portable computer with multiple display configurations where the hinge member (101) is locate
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