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Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 1 of 11 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`C.A. No. 2:14-cv-00624
`
`JURY TRIAL DEMANDED
`
`§
`INNOVATIVE DISPLAY
`§
`TECHNOLOGIES LLC,
`§
`
`
`§
`
`Plaintiff,
`§
`
`
`§
`v.
`
`§
`
`
`§
`MAZDA MOTOR CORPORATION
`§
`and
`
`MAZDA MOTOR OF AMERICA, INC., §
`
`
`§
`
`Defendants.
`§
`
`
`
`
`PLAINTIFF’S COMPLAINT
`
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`files this Original Complaint for patent infringement against Mazda Motor Corporation and
`
`Mazda Motor of America, Inc. (collectively “Mazda”).
`
`THE PARTIES
`
`1.
`
`Plaintiff Innovative Display Technologies LLC (“IDT”) is a Texas limited
`
`liability company having a principal place of business at 2400 Dallas Parkway, Suite 200, Plano,
`
`Texas 75093.
`
`2.
`
`Defendant Mazda Motor Corporation is a Japanese corporation having a place of
`
`business at 3-1 Shinchi, Fuchu-cho, Aki-gun, Hiroshima, Japan.
`
`3.
`
`Defendant Mazda Motor of America, Inc. (“MMA”) is a California corporation
`
`having its principal place of business at 7755 Irvine Center Drive, Irvine, California 92618.
`
`
`
`1
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 2 of 11 PageID #: 2
`
`MMA also does business as Mazda North American Operations. On information and belief,
`
`MMA is responsible for the importation, wholesaling, marketing and distribution of Mazda-
`
`branded vehicles in the United States. On information and belief, MMA is a subsidiary of
`
`Mazda Motor Corporation.
`
`JURISDICTION AND VENUE
`
`4.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 271 et
`
`seq.
`
`5.
`
`This Court has subject matter jurisdiction over this case for patent infringement
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Mazda. On information and belief,
`
`Mazda, either directly or through intermediaries, regularly sells products and services into this
`
`judicial district and manufactures products intended to be sold and in fact sold into and within
`
`this judicial district. Additionally, on information and belief, this Court has personal jurisdiction
`
`over Mazda because Mazda has committed and/or participated in the commission of acts within
`
`this judicial district giving rise to this action.
`
`7.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400 (b).
`
`PATENTS IN SUIT
`
`8.
`
`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 & Trademark Office on June 29, 2004,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’547 Patent. IDT
`
`owns the ’547 Patent and holds the right to sue and recover damages for infringement thereof.
`
`
`
`2
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 3 of 11 PageID #: 3
`
`9.
`
`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 & Trademark Office on November 27,
`
`2007, after full and fair examination. Jeffery R. Parker is the named inventor of the ’194 Patent.
`
`IDT owns the ’194 Patent and holds the right to sue and recover damages for infringement
`
`thereof.
`
`10.
`
`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 & Trademark Office on June 10, 2008,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’177 Patent. IDT
`
`owns the ’177 Patent and holds the right to sue and recover damages for infringement thereof.
`
`11.
`
`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 & Trademark Office on July 29, 2008,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’660 Patent. IDT
`
`owns the ’660 Patent and holds the right to sue and recover damages for infringement thereof.
`
`12.
`
`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 & Trademark Office on October 14,
`
`2008, after full and fair examination. Jeffery R. Parker is the named inventor of the ’974 Patent.
`
`IDT owns the ’974 Patent and holds the right to sue and recover damages for infringement
`
`thereof.
`
`13.
`
`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 & Trademark Office on July 10, 2012,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’816 Patent. IDT
`
`owns the ’816 Patent and holds the right to sue and recover damages for infringement thereof.
`
`
`
`3
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 4 of 11 PageID #: 4
`
`COUNT 1: Infringement of U.S. Patent No. 6,755,547
`
`14.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-13 as
`
`though fully set forth herein.
`
`15.
`
`On information and belief, Mazda has been and now is directly infringing the
`
`’547 Patent in the state of Texas, in this judicial district, and elsewhere within the United States
`
`by, among other things, making, using, offering for sale, selling, or importing vehicles (including
`
`but not limited to various model years of the Mazda 3 having displays (including but not limited
`
`to the BHP1611J0D information display) that infringe one or more claims of the ’547 Patent, all
`
`to the injury of IDT. Mazda is thus liable for infringement of the ’547 Patent pursuant to 35
`
`U.S.C. § 271.
`
`16.
`
`As a result of Mazda’s infringement of the ‘547 Patent, Mazda has damaged IDT.
`
`Mazda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`17.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’547 Patent.
`
`18.
`
`As a result of Mazda’s infringement of the ’547 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Mazda is enjoined by this Court.
`
`
`
`
`
`
`
`
`
`4
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 5 of 11 PageID #: 5
`
`COUNT 2: Infringement of U.S. Patent No. 7,300,194
`
`19.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-18 as
`
`though fully set forth herein.
`
`20.
`
`On information and belief, Mazda has been and now is directly infringing the
`
`’194 Patent in the state of Texas, in this judicial district, and elsewhere within the United States
`
`by, among other things, making, using, offering for sale, selling, or importing vehicles (including
`
`but not limited to various model years of the Mazda 3) having displays (including but not limited
`
`to the BHP1611J0D information display) that infringe one or more claims of the ’194 Patent, all
`
`to the injury of IDT. Mazda is thus liable for infringement of the ’194 Patent pursuant to 35
`
`U.S.C. § 271.
`
`21.
`
`As a result of Mazda’s infringement of the ’194 Patent, Mazda has damaged IDT.
`
`Mazda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`22.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’194 Patent.
`
`23.
`
`As a result of Mazda’s infringement of the ’194 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Mazda is enjoined by this Court.
`
`
`
`5
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 6 of 11 PageID #: 6
`
`COUNT 3: Infringement of U.S. Patent No. 7,384,177
`
`24.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-23 as
`
`though fully set forth herein.
`
`25.
`
`On information and belief, Mazda has been and now is directly infringing the
`
`’177 Patent in the state of Texas, in this judicial district, and elsewhere within the United States
`
`by, among other things, making, using, offering for sale, selling, or importing vehicles (including
`
`but not limited to various model years of the Mazda 3) having displays (including but not limited
`
`to the BHP1611J0D information display) that infringe one or more claims of the ’177 Patent, all
`
`to the injury of IDT. Mazda is thus liable for infringement of the ’177 Patent pursuant to 35
`
`U.S.C. § 271.
`
`26.
`
`As a result of Mazda’s infringement of the ’177 Patent, Mazda has damaged IDT.
`
`Mazda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`27.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’177 Patent.
`
`28.
`
`As a result of Mazda’s infringement of the ’177 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Mazda is enjoined by this Court.
`
`
`
`6
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 7 of 11 PageID #: 7
`
`COUNT 4: Infringement of U.S. Patent No. 7,404,660
`
`29.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-28 as
`
`though fully set forth herein
`
`30.
`
`On information and belief, Mazda has been and now is directly infringing the
`
`’660 Patent in the state of Texas, in this judicial district, and elsewhere within the United States
`
`by, among other things, making, using, offering for sale, selling, or importing vehicles (including
`
`but not limited to various model years of the Mazda 3) having displays (including but not limited
`
`to the BHP1611J0D information display) that infringe one or more claims of the ’660 Patent, all
`
`to the injury of IDT. Mazda is thus liable for infringement of the ’660 Patent pursuant to 35
`
`U.S.C. § 271.
`
`31.
`
`As a result of Mazda’s infringement of the ’660 Patent, Mazda has damaged IDT.
`
`Mazda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`32.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’660 Patent.
`
`33.
`
`As a result of Mazda’s infringement of the ’660 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Mazda is enjoined by this Court.
`
`
`
`7
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 8 of 11 PageID #: 8
`
`COUNT 5: Infringement of U.S. Patent No. 7,434,974
`
`34.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-33 as
`
`though fully set forth herein
`
`35.
`
`On information and belief, Mazda has been and now is directly infringing the
`
`’974 Patent in the state of Texas, in this judicial district, and elsewhere within the United States
`
`by, among other things, making, using, offering for sale, selling, or importing vehicles (including
`
`but not limited to various model years of the Mazda 3) having displays (including but not limited
`
`to the BHP1611J0D information display) that infringe one or more claims of the ’974 Patent, all
`
`to the injury of IDT. Mazda is thus liable for infringement of the ’974 Patent pursuant to 35
`
`U.S.C. § 271.
`
`36.
`
`As a result of Mazda’s infringement of the ’974 Patent, Mazda has damaged IDT.
`
`Mazda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`37.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’974 Patent.
`
`38.
`
`As a result of Mazda’s infringement of the ’974 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Mazda is enjoined by this Court.
`
`
`
`8
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 9 of 11 PageID #: 9
`
`COUNT 6: Infringement of U.S. Patent No. 8,215,816
`
`39.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-38 as
`
`though fully set forth herein.
`
`40.
`
`On information and belief, Mazda has been and now is directly infringing the
`
`’816 Patent in the state of Texas, in this judicial district, and elsewhere within the United States
`
`by, among other things, making, using, offering for sale, selling, or importing vehicles (including
`
`but not limited to various model years of the Mazda 3) having displays (including but not limited
`
`to the BHP1611J0D information display) that infringe one or more claims of the ’816 Patent, all
`
`to the injury of IDT. Mazda is thus liable for infringement of the ’816 Patent pursuant to 35
`
`U.S.C. § 271.
`
`41.
`
`As a result of Mazda’s infringement of the ’816 Patent, Mazda has damaged IDT.
`
`Mazda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`42.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’816 Patent.
`
`43.
`
`As a result of Mazda’s infringement of the ’816 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Mazda is enjoined by this Court.
`
`
`
`9
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 10 of 11 PageID #: 10
`
`JURY DEMAND
`
`44.
`
`Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
`
`Civil Procedure.
`
`PRAYER FOR RELIEF
`
`45.
`
`Plaintiff respectfully requests that the Court find in its favor and against Mazda,
`
`and that the Court grant Plaintiff the following relief:
`
`A.
`
`B.
`
`A judgment that Mazda has infringed the patents-in-suit as alleged herein;
`
`A judgment for an accounting of all damages sustained by Plaintiff as a result of
`
`the acts of infringement by Mazda;
`
`C.
`
`A judgment and order requiring Mazda to pay Plaintiff damages under 35 U.S.C.
`
`§ 284, including up to treble damages for willful infringement as provided by 35
`
`U.S.C. § 284, and any royalties determined to be appropriate;
`
`D.
`
`A permanent injunction enjoining Mazda and its officers, directors, agents,
`
`servants, employees, affiliates, divisions, branches, subsidiaries, parents and all
`
`others acting in concert or privity with them from infringement of the patents-in-
`
`suit pursuant to 35 U.S.C. § 283;
`
`E.
`
`A judgment and order requiring Mazda to pay Plaintiff pre-judgment and post-
`
`judgment interest on the damages awarded; and
`
`F.
`
`Such other and further relief as the Court deems just and equitable.
`
`
`
`
`
`
`
`10
`
`

`
`Case 2:14-cv-00624-JRG Document 1 Filed 05/13/14 Page 11 of 11 PageID #: 11
`
`Dated: May 13, 2014
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Demetrios Anaipakos
`Demetrios Anaipakos
`Texas Bar No. 00793258
`danaipakos@azalaw.com
`Amir Alavi
`Texas Bar No. 00793239
`aalavi@azalaw.com
`Brian E. Simmons
`Texas Bar No. 24004922
`bsimmons@azalaw.com
`George W. Webb III
`Texas Bar No. 24003146
`gwebb@azalaw.com
`AHMAD, ZAVITSANOS,
`ANAIPAKOS, ALAVI &
`MENSING P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`
`Attorneys for Plaintiff
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC
`
`
`
`11

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