Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 1 of 32 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`Case No. 2:14-cv-144
`
`JURY TRIAL DEMANDED
`
`
`INNOVATIVE DISPLAY TECHNOLOGIES
`LLC,
`
`
` Plaintiff,
`
`
`v.
`
`MITAC DIGITAL CORPORATION D/B/A
`MAGELLAN AND MITAC INTERNATIONAL
`CORPORATION,
`
` Defendants.
`
`PLAINTIFF’S COMPLAINT
`
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`files this Complaint against Defendants MiTAC Digital Corporation d/b/a Magellan and MiTAC
`
`International Corporation (hereinafter referred to collectively as “Defendants”).
`
`THE PARTIES
`
`Innovative Display Technologies LLC is a Texas limited liability company with
`
`1.
`
`its principal place of business located at 2400 Dallas Parkway, Suite 200, Plano, TX 75093.
`
`2.
`
`MiTAC Digital Corporation is a California corporation with its corporate
`
`headquarters located at 471 El Camino Real, Suite 101, Santa Clara, CA 95050-4300. MiTAC
`
`Digital Corporation may be served with process by serving its registered agent, Peggy Fong, at
`
`471 El Camino Real, Suite 101, Santa Clara, CA 95050.
`
`3.
`
`MiTAC International Corporation is a Taiwanese corporation with its principal
`
`place of business located at No. 1, Yen-Fa 2nd Rd., Hsin-Chu Science Based Industrial Park,
`
`Hsinchu County, Taiwan, R.O.C. MiTAC International Corporation can be served with process
`
`
`
`1
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`

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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 2 of 32 PageID #: 2
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`at its principal place of business at No. 1, Yen-Fa 2nd Rd., Hsin-Chu Science Based Industrial
`
`Park, Hsinchu County, Taiwan, R.O.C.
`
`4.
`
`Defendants have conducted and regularly conduct business within this District,
`
`have purposefully availed themselves of the privileges of conducting business in this District,
`
`and have sought protection and benefit from the laws of the State of Texas.
`
`JURISDICTION AND VENUE
`
`5.
`
`This action arises under the Patent Law of the United States, 35 U.S.C. § 1, et
`
`seq., including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter
`
`jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`As further detailed herein, this Court has personal jurisdiction over Defendants.
`
`Defendants are amenable to service of summons for this action. Furthermore, personal
`
`jurisdiction over Defendants in this action comports with due process. Defendants have
`
`conducted and regularly conduct business within the United States and this District. Defendants
`
`have purposefully availed themselves of the privileges of conducting business in the United
`
`States, and more specifically in Texas and this District. Defendants have sought protection and
`
`benefit from the laws of the State of Texas by placing infringing products into the stream of
`
`commerce through an established distribution channel with the awareness and/or intent that they
`
`will be purchased by consumers in this District.
`
`7.
`
`Defendants directly or through intermediaries (including distributors, retailers,
`
`and others), subsidiaries, alter egos, and/or agents – ship, distribute, offer for sale, and/or sell
`
`their products in the United States and this District. Defendants have purposefully and
`
`voluntarily placed one or more of their infringing products, as described below, into the stream
`
`of commerce with the awareness and/or intent that they will be purchased by consumers in this
`
`
`
`2
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`

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`District. Defendants knowingly and purposefully ship infringing products into and within this
`
`District through an established distribution channel. These infringing products have been and
`
`continue to be purchased by consumers in this District. Through those activities, Defendants
`
`have committed the tort of patent infringement in this District. Plaintiff’s cause of action for
`
`patent infringement arises directly from Defendants’ activities in this District.
`
`8.
`
`Venue is proper in this Court according to the venue provisions set forth by 28
`
`U.S.C. §§ 1391(b)-(d) and 1400 (b). Defendants are subject to personal jurisdiction in this
`
`District, and therefore are deemed to reside in this District for purposes of venue. Defendants
`
`have committed acts within this judicial District giving rise to this action and do business in this
`
`District, including but not limited to making sales in this District, providing service and support
`
`to their respective customers in this District, and/or operating an interactive website, available to
`
`persons in this District that advertises, markets, and/or offers for sale infringing products.
`
`A.
`
`The Patents-In-Suit
`
`BACKGROUND
`
`9.
`
`U.S. Patent No. 7,537,370 titled “Light Emitting Panel Assemblies” (“the ’370
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on May 26, 2009,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’370 patent.
`
`The ’370 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in
`
`the ’370 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’370 patent is attached as Exhibit A and made a
`
`part hereof.
`
`10.
`
`U.S. Patent No. 7,300,194 titled “Light Emitting Panel Assemblies” (“the ’194
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on November 27,
`
`
`
`3
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`

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`2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’194
`
`patent. The ’194 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and
`
`interest in the ’194 patent, including the right to collect and receive damages for past, present and
`
`future infringements. A true and correct copy of the ’194 patent is attached as Exhibit B and
`
`made a part hereof.
`
`11.
`
`U.S. Patent No. 7,384,177 titled “Light Emitting Panel Assemblies” (“the ‘177
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 10, 2008,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘177 patent.
`
`The ‘177 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in
`
`the ‘177 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ‘177 patent is attached as Exhibit C and made a
`
`part hereof.
`
`12.
`
`U.S. Patent No. 7,404,660 titled “Light Emitting Panel Assemblies” (“the ‘660
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on July 29, 2008,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘660 patent.
`
`The ‘660 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in
`
`the ‘660 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ‘660 patent is attached as Exhibit D and made a
`
`part hereof.
`
`13.
`
`U.S. Patent No. 7,434,974 titled “Light Emitting Panel Assemblies” (“the ‘974
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on October 14,
`
`2008, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘974
`
`patent. The ‘974 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and
`
`
`
`4
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`

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`interest in the ‘974 patent, including the right to collect and receive damages for past, present and
`
`future infringements. A true and correct copy of the ‘974 patent is attached as Exhibit E and
`
`made a part hereof.
`
`14.
`
`U.S. Patent No. 8,215,816 titled “Light Emitting Panel Assemblies” (“the ‘816
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on July 10, 2012,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘816 patent.
`
`The ‘816 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in
`
`the ‘816 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ‘816 patent is attached as Exhibit F and made a
`
`part hereof.
`
`15.
`
`U.S. Patent No. 7,160,015 titled “Light Emitting Panel Assemblies” (“the ‘015
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on January 9,
`
`2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘015
`
`patent. The ‘015 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and
`
`interest in the ‘015 patent, including the right to collect and receive damages for past, present and
`
`future infringements. A true and correct copy of the ‘015 patent is attached as Exhibit G and
`
`made a part hereof.
`
`16.
`
`U.S. Patent No. 6,079,838 titled “Light Emitting Panel Assemblies” (“the ‘838
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 27, 2000,
`
`after full and fair examination. Jeffery R. Parker, Mark D. Miller, and Daniel N. Kelsch are the
`
`named inventors listed on the ‘838 patent. The ‘838 patent has been assigned to Plaintiff, and
`
`Plaintiff holds all rights, title, and interest in the ‘838 patent, including the right to collect and
`
`
`
`5
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`

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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 6 of 32 PageID #: 6
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`receive damages for past, present and future infringements. A true and correct copy of the ‘838
`
`patent is attached as Exhibit H and made a part hereof.
`
`17.
`
`U.S. Patent No. 6,755,547 titled “Light Emitting Panel Assemblies” (“the ‘547
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 29, 2004,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘547 patent.
`
`The ‘547 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in
`
`the ‘547 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ‘547 patent is attached as Exhibit I and made a
`
`part hereof.
`
`18.
`
`U.S. Patent No. 7,165,873 titled “Light Emitting Panel Assemblies” (“the ‘873
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on January 23,
`
`2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ‘873
`
`patent. The ‘873 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and
`
`interest in the ‘873 patent, including the right to collect and receive damages for past, present and
`
`future infringements. A true and correct copy of the ‘873 patent is attached as Exhibit J and
`
`made a part hereof.
`
`19.
`
`Jeffery R. Parker is an inventor of the ‘177 patent, the ‘660 patent, the ‘838
`
`patent, the ‘370 patent, the ‘974 patent, the ‘015 patent, the ‘194 patent, the ‘547 patent, the ‘873
`
`patent and the ‘816 patent (collectively, the “patents-in-suit”). In total, he is a named inventor on
`
`over eighty-five (85) U.S. patents.
`
`B.
`
`Defendants’ Infringing Conduct
`
`20.
`
`Defendants make, use, offer to sell, and/or sell within, and/or import into the
`
`United States display products that incorporate the fundamental technologies covered by the
`
`
`
`6
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`

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`patents-in-suit. The infringing display products include, but are not limited to, GPS navigation
`
`systems.
`
`21.
`
`By incorporating the fundamental inventions covered by the patents-in-suit,
`
`Defendants can make improved products, including but not limited to, longer displays, thinner
`
`displays, and/or displays with a higher light output, a more uniform light output, and/or a lower
`
`power requirement.
`
`22.
`
`Third-party distributors purchase and have purchased Defendants’ infringing
`
`display products for sale or importation into the United States, including this District. Third-
`
`party consumers use and have used Defendants’ infringing display products in the United States,
`
`including this District.
`
`23.
`
`Defendants have purchased infringing display products that are made, offered for
`
`sale, sold within, and/or imported into the United States, including this District by third party
`
`manufacturers, distributors, and/or importers.
`
`COUNT I
`Patent Infringement of U.S. Patent No. 7,300,194
`
`24.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-23 as
`
`though fully set forth herein.
`
`The ‘194 patent is valid and enforceable.
`
`Defendants have never been licensed, either expressly or impliedly, under the
`
`25.
`
`26.
`
`‘194 patent.
`
`27.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff
`
`has complied with the requirements of that statute by providing actual or constructive notice to
`
`Defendants of their alleged infringement. Plaintiff surmises that any express licensees of the ’194
`
`patent have complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of
`
`
`
`7
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`

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`the ’194 patent on all goods made, offered for sale, sold within, and/or imported into the United
`
`States that embody one or more claims of that patent.
`
`28.
`
`Defendants have been and are directly infringing under 35 U.S.C. § 271(a), either
`
`literally or under the doctrine of equivalents, and/or indirectly infringing, by way of inducement
`
`with specific intent under 35 U.S.C. § 271(b), the ’194 patent by making, using, offering to sell,
`
`and/or selling to third-party manufacturers, distributors, and/or consumers (directly or through
`
`intermediaries and/or subsidiaries) in this District and elsewhere within the United States and/or
`
`importing into the United States, without authority, display products that include all of the
`
`limitations of one or more claims of the ’194 patent, including but not limited to GPS navigation
`
`systems (e.g., Magellan Commercial 5190T), their display components, and/or other products
`
`made, used, sold, offered for sale, or imported by Defendants that include all of the limitations of
`
`one or more claims of the ’194 patent.
`
`29.
`
`Distributors and consumers that purchase Defendants’ products that include all of
`
`the limitations of one or more claims of the ’194 patent, including but not limited to GPS
`
`navigation systems (e.g., Magellan Commercial 5190T), also directly infringe, either literally or
`
`under the doctrine of equivalents, under 35 U.S.C. § 271(a), the ’194 patent by using, offering to
`
`sell, and/or selling infringing display products in this District and elsewhere in the United States.
`
`30.
`
`The third-party manufacturers, distributors, and importers that sell display
`
`products to Defendants that include all of the limitations of one or more claims of the ’194
`
`patent, also directly infringe, either literally or under the doctrine of equivalents, under 35 U.S.C.
`
`§ 271(a), the ’194 patent by making, offering to sell, and/or selling infringing products in this
`
`District and elsewhere within the United States and/or importing infringing products into the
`
`United States.
`
`
`
`8
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`31.
`
`Defendants had knowledge of the ’194 patent since at least the filing of this
`
`Complaint or before.
`
`32.
`
`Since at least the filing of this Complaint or before, Defendants have actively
`
`induced, under U.S.C. § 271(b), third-party manufacturers, distributors, importers and/or
`
`consumers to directly infringe one or more claims of the ’194 patent. Since at least the filing of
`
`this Complaint or before, Defendants do so with knowledge, or with willful blindness of the fact,
`
`that the induced acts constitute infringement of the ’194 patent. Defendants intend to cause
`
`infringement by these third-party manufacturers, distributors, importers, and/or consumers.
`
`Defendants have taken affirmative steps to induce their infringement by, inter alia, creating
`
`advertisements that promote the infringing use of display products, creating established
`
`distribution channels for these products into and within the United States, purchasing these
`
`products, manufacturing these products in conformity with U.S. laws and regulations,
`
`distributing or making available instructions or manuals for these products to purchasers and
`
`prospective buyers, and/or providing technical support, replacement parts, or services for these
`
`products to these purchasers in the United States.
`
`33.
`
`As a direct and proximate result of these acts of patent infringement, Defendants
`
`have encroached on the exclusive rights of Plaintiff and its licensees to practice the ’194 patent,
`
`for which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT II
`Patent Infringement of U.S. Patent No. 7,384,177
`
`34.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-33 as
`
`though fully set forth herein.
`
`35.
`
`The ‘177 patent is valid and enforceable.
`
`
`
`9
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`36.
`
`Defendants have never been licensed, either expressly or impliedly, under the
`
`‘177 patent.
`
`37.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff
`
`has complied with the requirements of that statute by providing actual or constructive notice to
`
`Defendants of their alleged infringement. Plaintiff surmises that any express licensees of the ’177
`
`patent have complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of
`
`the ’177 patent on all goods made, offered for sale, sold within, and/or imported into the United
`
`States that embody one or more claims of that patent.
`
`38.
`
`Defendants have been and are directly infringing under 35 U.S.C. § 271(a), either
`
`literally or under the doctrine of equivalents, and/or indirectly infringing, by way of inducement
`
`with specific intent under 35 U.S.C. § 271(b), the ’177 patent by making, using, offering to sell,
`
`and/or selling to third-party manufacturers, distributors, and/or consumers (directly or through
`
`intermediaries and/or subsidiaries) in this District and elsewhere within the United States and/or
`
`importing into the United States, without authority, display products that include all of the
`
`limitations of one or more claims of the ’177 patent, including but not limited to GPS navigation
`
`systems (e.g., Magellan Commercial 5190T), their display components, and/or other products
`
`made, used, sold, offered for sale, or imported by Defendants that include all of the limitations of
`
`one or more claims of the ’177 patent.
`
`39.
`
`Distributors and consumers that purchase Defendants’ products that include all of
`
`the limitations of one or more claims of the ’177 patent, including but not limited to GPS
`
`navigation systems (e.g., Magellan Commercial 5190T), also directly infringe, either literally or
`
`under the doctrine of equivalents, under 35 U.S.C. § 271(a), the ’177 patent by using, offering to
`
`sell, and/or selling infringing display products in this District and elsewhere in the United States.
`
`
`
`10
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`

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`40.
`
`The third-party manufacturers, distributors, and importers that sell display
`
`products to Defendants that include all of the limitations of one or more claims of the ’177
`
`patent, also directly infringe, either literally or under the doctrine of equivalents, under 35 U.S.C.
`
`§ 271(a), the ’177 patent by making, offering to sell, and/or selling infringing products in this
`
`District and elsewhere within the United States and/or importing infringing products into the
`
`United States.
`
`41.
`
`Defendants had knowledge of the ’177 patent since at least the filing of this
`
`Complaint or before.
`
`42.
`
`Since at least the filing of this Complaint or before, Defendants have actively
`
`induced, under U.S.C. § 271(b), third-party manufacturers, distributors, importers and/or
`
`consumers to directly infringe one or more claims of the ’177 patent. Since at least the filing of
`
`this Complaint or before, Defendants do so with knowledge, or with willful blindness of the fact,
`
`that the induced acts constitute infringement of the ’177 patent. Defendants intend to cause
`
`infringement by these third-party manufacturers, distributors, importers, and/or consumers.
`
`Defendants have taken affirmative steps to induce their infringement by, inter alia, creating
`
`advertisements that promote the infringing use of display products, creating established
`
`distribution channels for these products into and within the United States, purchasing these
`
`products, manufacturing these products in conformity with U.S. laws and regulations,
`
`distributing or making available instructions or manuals for these products to purchasers and
`
`prospective buyers, and/or providing technical support, replacement parts, or services for these
`
`products to these purchasers in the United States.
`
`
`
`11
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`43.
`
`As a direct and proximate result of these acts of patent infringement, Defendants
`
`have encroached on the exclusive rights of Plaintiff and its licensees to practice the ’177 patent,
`
`for which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT III
`Patent Infringement of U.S. Patent No. 7,404,660
`
`44.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-43 as
`
`though fully set forth herein.
`
`The ‘660 patent is valid and enforceable.
`
`Defendants have never been licensed, either expressly or impliedly, under the
`
`45.
`
`46.
`
`‘660 patent.
`
`47.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff
`
`has complied with the requirements of that statute by providing actual or constructive notice to
`
`Defendants of their alleged infringement. Plaintiff surmises that any express licensees of the ’660
`
`patent have complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of
`
`the ’660 patent on all goods made, offered for sale, sold within, and/or imported into the United
`
`States that embody one or more claims of that patent.
`
`48.
`
`Defendants have been and are directly infringing under 35 U.S.C. § 271(a), either
`
`literally or under the doctrine of equivalents, and/or indirectly infringing, by way of inducement
`
`with specific intent under 35 U.S.C. § 271(b), the ’660 patent by making, using, offering to sell,
`
`and/or selling to third-party manufacturers, distributors, and/or consumers (directly or through
`
`intermediaries and/or subsidiaries) in this District and elsewhere within the United States and/or
`
`importing into the United States, without authority, display products that include all of the
`
`limitations of one or more claims of the ’660 patent, including but not limited to GPS navigation
`
`systems (e.g., Magellan Commercial 5190T), their display components, and/or other products
`
`
`
`12
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`

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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 13 of 32 PageID #: 13
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`made, used, sold, offered for sale, or imported by Defendants that include all of the limitations of
`
`one or more claims of the ’660 patent.
`
`49.
`
`Distributors and consumers that purchase Defendants’ products that include all of
`
`the limitations of one or more claims of the ’660 patent, including but not limited to GPS
`
`navigation systems (e.g., Magellan Commercial 5190T), also directly infringe, either literally or
`
`under the doctrine of equivalents, under 35 U.S.C. § 271(a), the ’660 patent by using, offering to
`
`sell, and/or selling infringing display products in this District and elsewhere in the United States.
`
`50.
`
`The third-party manufacturers, distributors, and importers that sell display
`
`products to Defendants that include all of the limitations of one or more claims of the ’660
`
`patent, also directly infringe, either literally or under the doctrine of equivalents, under 35 U.S.C.
`
`§ 271(a), the ’660 patent by making, offering to sell, and/or selling infringing products in this
`
`District and elsewhere within the United States and/or importing infringing products into the
`
`United States.
`
`51.
`
`Defendants had knowledge of the ’660 patent since at least the filing of this
`
`Complaint or before.
`
`52.
`
`Since at least the filing of this Complaint or before, Defendants have actively
`
`induced, under U.S.C. § 271(b), third-party manufacturers, distributors, importers and/or
`
`consumers to directly infringe one or more claims of the ’660 patent. Since at least the filing of
`
`this Complaint or before, Defendants do so with knowledge, or with willful blindness of the fact,
`
`that the induced acts constitute infringement of the ’660 patent. Defendants intend to cause
`
`infringement by these third-party manufacturers, distributors, importers, and/or consumers.
`
`Defendants have taken affirmative steps to induce their infringement by, inter alia, creating
`
`advertisements that promote the infringing use of display products, creating established
`
`
`
`13
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`

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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 14 of 32 PageID #: 14
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`distribution channels for these products into and within the United States, purchasing these
`
`products, manufacturing these products in conformity with U.S. laws and regulations,
`
`distributing or making available instructions or manuals for these products to purchasers and
`
`prospective buyers, and/or providing technical support, replacement parts, or services for these
`
`products to these purchasers in the United States.
`
`53.
`
`As a direct and proximate result of these acts of patent infringement, Defendants
`
`have encroached on the exclusive rights of Plaintiff and its licensees to practice the ’660 patent,
`
`for which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT IV
`Patent Infringement of U.S. Patent No. 7,434,974
`
`54.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-53 as
`
`though fully set forth herein.
`
`The ‘974 patent is valid and enforceable.
`
`Defendants have never been licensed, either expressly or impliedly, under the
`
`55.
`
`56.
`
`‘974 patent.
`
`57.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff
`
`has complied with the requirements of that statute by providing actual or constructive notice to
`
`Defendants of their alleged infringement. Plaintiff surmises that any express licensees of the ’974
`
`patent have complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of
`
`the ’974 patent on all goods made, offered for sale, sold within, and/or imported into the United
`
`States that embody one or more claims of that patent.
`
`58.
`
`Defendants have been and are directly infringing under 35 U.S.C. § 271(a), either
`
`literally or under the doctrine of equivalents, and/or indirectly infringing, by way of inducement
`
`with specific intent under 35 U.S.C. § 271(b), the ’974 patent by making, using, offering to sell,
`
`
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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 15 of 32 PageID #: 15
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`and/or selling to third-party manufacturers, distributors, and/or consumers (directly or through
`
`intermediaries and/or subsidiaries) in this District and elsewhere within the United States and/or
`
`importing into the United States, without authority, display products that include all of the
`
`limitations of one or more claims of the ’974 patent, including but not limited to GPS navigation
`
`systems (e.g., Magellan Commercial 5190T), its display components, and/or other products
`
`made, used, sold, offered for sale, or imported by Defendants that include all of the limitations of
`
`one or more claims of the ’974 patent.
`
`59.
`
`Distributors and consumers that purchase Defendants’ products that include all of
`
`the limitations of one or more claims of the ’974 patent, including but not limited to GPS
`
`navigation systems (e.g., Magellan Commercial 5190T), also directly infringe, either literally or
`
`under the doctrine of equivalents, under 35 U.S.C. § 271(a), the ’974 patent by using, offering to
`
`sell, and/or selling infringing display products in this District and elsewhere in the United States.
`
`60.
`
`The third-party manufacturers, distributors, and importers that sell display
`
`products to Defendants that include all of the limitations of one or more claims of the ’974
`
`patent, also directly infringe, either literally or under the doctrine of equivalents, under 35 U.S.C.
`
`§ 271(a), the ’974 patent by making, offering to sell, and/or selling infringing products in this
`
`District and elsewhere within the United States and/or importing infringing products into the
`
`United States.
`
`61.
`
`Defendants had knowledge of the ’974 patent since at least the filing of this
`
`Complaint or before.
`
`62.
`
`Since at least the filing of this Complaint or before, Defendants have actively
`
`induced, under U.S.C. § 271(b), third-party manufacturers, distributors, importers and/or
`
`consumers to directly infringe one or more claims of the ’974 patent. Since at least the filing of
`
`
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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 16 of 32 PageID #: 16
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`this Complaint or before, Defendants do so with knowledge, or with willful blindness of the fact,
`
`that the induced acts constitute infringement of the ’974 patent. Defendants intend to cause
`
`infringement by these third-party manufacturers, distributors, importers, and/or consumers.
`
`Defendants have taken affirmative steps to induce their infringement by, inter alia, creating
`
`advertisements that promote the infringing use of display products, creating established
`
`distribution channels for these products into and within the United States, purchasing these
`
`products, manufacturing these products in conformity with U.S. laws and regulations,
`
`distributing or making available instructions or manuals for these products to purchasers and
`
`prospective buyers, and/or providing technical support, replacement parts, or services for these
`
`products to these purchasers in the United States.
`
`63.
`
`As a direct and proximate result of these acts of patent infringement, Defendants
`
`have encroached on the exclusive rights of Plaintiff and its licensees to practice the ’974 patent,
`
`for which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT V
`Patent Infringement of U.S. Patent No. 8,215,816
`
`64.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-63 as
`
`though fully set forth herein.
`
`The ‘816 patent is valid and enforceable.
`
`Defendants have never been licensed, either expressly or impliedly, under the
`
`65.
`
`66.
`
`‘816 patent.
`
`67.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff
`
`has complied with the requirements of that statute by providing actual or constructive notice to
`
`Defendants of their alleged infringement. Plaintiff surmises that any express licensees of the ’816
`
`patent have complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of
`
`
`
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`Case 2:14-cv-00144-JRG Document 1 Filed 02/26/14 Page 17 of 32 PageID #: 17
`
`the ’816 patent on all goods made, offered for sale, sold within, and/or imported into the United
`
`States that embody one or more claims of that patent.
`
`68.
`
`Defendants have been and are directly infringing under 35 U.S.C. § 271(a), either
`
`literally or under the doctrine of equivalents, and/or indirectly infringing, by way of inducement
`
`with specific intent under 35 U.S.C. § 271(b), the ’816 patent by making, using, offering to sell,
`
`and/or selling to third-party manufacturers, distributors, and/or consumers (directly or through
`
`intermediaries and/or subsidiaries) in this District and elsewhere within the United States and/or
`
`importing into the United States, without authority, display products that include all of the
`
`limitations of one or more claims of the ’816 patent, including but not limited to GPS n