Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 1 of 18 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`FUNDAMENTAL INNOVATION
`SYSTEMS INTERNATIONAL LLC,
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`Plaintiff,
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`vs.
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`AUKEY TECHNOLOGY CO., LTD.,
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`Defendant.
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`Civil Action No. 2:20-cv-00116
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
`AND JURY DEMAND
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`Plaintiff Fundamental
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`Innovation Systems
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`International LLC
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`(“Plaintiff” or
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`“Fundamental”), by and through its undersigned counsel, brings this action against Defendant
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`Aukey Technology Co., Ltd. (“Defendant” or “Aukey”) to prevent Defendant’s continued
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`infringement of Plaintiff’s patents without authorization and to recover damages resulting from
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`such infringement.
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`PARTIES
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`1.
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`Plaintiff is a Delaware limited liability company with a place of business located
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`at 2990 Long Prairie Road, Suite B, Flower Mound, Texas 75022.
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`2.
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`Plaintiff is the owner by assignment of all right, title, and interest in U.S. Patent
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`Nos. 6,936,936 (the “’936 Patent”), 7,239,111 (the “’111 Patent”), 8,624,550 (the “’550 Patent”),
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`and 8,330,422 (the “’422 Patent”) (collectively, the “Patents-in-Suit”).
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`3.
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`On information and belief, Defendant Aukey Technology Co, Ltd. is a company
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`organized and existing under the laws of China, with a principal place of business at Room 102,
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`Building P09, Huanan City, Elec-trading Center, Longgang District, Shenzhen, China 518000.
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`06904-00001/12064058.3
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 2 of 18 PageID #: 2
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`4.
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`On information and belief, Defendant directly and/or indirectly imports, develops,
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`designs, manufactures, uses, distributes, markets, offers to sell and/or sells products and services
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`in the United States, including in this district, and otherwise purposefully direct activities to the
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`same.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising under the patent laws of the
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`United States of America, 35 U.S.C. § 1, et seq., including 35 U.S.C. § 271. This Court has
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`subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`6.
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`This Court has personal jurisdiction over Defendant because it has solicited
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`business in the State of Texas, transacted business within the State of Texas and attempted to
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`derive financial benefit from residents of the State of Texas, including benefits directly related to
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`the instant patent infringement cause of action set forth herein.
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`7.
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`On information and belief, Defendant has made, used, sold, offered for sale,
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`and/or imported products that are alleged herein to infringe one or more of the patents set forth
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`herein, and/or have placed such devices into the stream of commerce, which devices have been
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`made, offered for sale, sold, and/or used in the State of Texas and within this judicial district.
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`8.
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`On information and belief, Defendant has availed itself of the privilege of
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`conducting and soliciting business within this State, including engaging in at least some of the
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`infringing activities in this State, as well as by others acting as Defendant’s agents and/or
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`representatives, such that it would be reasonable for this Court to exercise jurisdiction consistent
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`with principles underlying the U.S. Constitution, and the exercise of jurisdiction by this Court
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`would not offend traditional notions of fair play and substantial justice.
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`9.
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`On information and belief, Defendant regularly transacts and does business within
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`this district, including advertising, promoting and selling products over the internet, through
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`intermediaries, representatives and/or agents located within this judicial district, that infringe
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`Fundamental’s patents, which products are then sold and/or shipped directly to citizens residing
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 3 of 18 PageID #: 3
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`within this State and in this judicial district. Upon further information and belief, Defendant has
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`purposefully directed activities at citizens of this State including those located within this judicial
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`district.
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`10.
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`On information and belief, Defendant has substantial, systematic, and continuous
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`contacts with this judicial district. On information and belief, Defendant has purposefully
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`availed itself of the privileges of conducting business in the State of Texas and regularly
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`conducts business in the State of Texas and in this judicial district. On information and belief,
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`Defendant has sold and offered to sell infringing products in this State and judicial district and
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`has committed acts of patent infringement and/or contributed to or induced acts of patent
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`infringement by others in this judicial district and elsewhere in Texas. Plaintiff’s cause of action
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`arises directly from Defendant’s business contacts and other activities in the State of Texas.
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`11.
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`Alternatively, the Court has personal jurisdiction over Defendant under Federal
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`Rule of Civil Procedure 4(k)(2). This cause of action arises under federal law, Defendant is not
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`subject to general jurisdiction in any one state, and the exercise of jurisdiction is consistent with
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`the United States Constitution.
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`12.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 because
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`Defendant is not a resident in the United States, and thus may be sued in any judicial district,
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`including this one.
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`13.
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`In December 2016, Plaintiff filed case no. 16-cv-01425 in this district against LG
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`Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A. Inc., LG
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`Electronics Mobile Research U.S.A. LLC, and LG Electronics Alabama, Inc., asserting
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`infringement of, inter alia, the ’111, ’550, ’586 and ’766 Patents (“the LG Case”).
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`14.
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`In December 2016, Plaintiff filed case no. 16-cv-01424 in this district against
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`Huawei Investment & Holding Co., Ltd., Huawei Technologies Co., Ltd., Huawei Device USA,
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`Inc., and Futurewei Technologies, Inc., asserting infringement of, inter alia, the ’111, ’550, ’586
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`and ’766 Patents (“the Huawei Case”).
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`15.
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`In February 2016, Plaintiff filed case no. 17-cv-00145 in this district against
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 4 of 18 PageID #: 4
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`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., asserting infringement
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`of, inter alia, the ’111, ’550, ’586, ’766 and ’936 Patents (“the Samsung Case”).
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`16.
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`On January 31, 2018, this court issued an order in the Samsung Case construing
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`claim terms in the ’111, ’550, ’586, ’766 and ’936 Patents.
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`17.
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`On April 2, 2018, this court issued an order in the LG Case and Huawei Case
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`construing claim terms in the ’111, ’550, ’586, and ’766 Patents.
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`18.
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`In view of the LG Case, Huawei Case and Samsung Case, this Court has
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`substantial knowledge regarding the asserted patents, and principles of judicial economy further
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`support venue in this District.
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`The Patents-in-Suit
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`FACTUAL ALLEGATIONS
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`19.
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`The Patents-in-Suit relate to, among other things, novel techniques for using
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`Universal Serial Bus (“USB”) in connection with mobile devices to both facilitate data
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`communication and allow for the charging of certain classes of devices. This technology
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`represented a fundamental break from previous techniques for mobile device charging and has
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`provided for faster charging times, longer battery life, improved user experiences and a dramatic
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`increase in performance and features.
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`20.
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`The Patents-in-Suit resulted from a large scale research and development program
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`at Research In Motion Limited (“RIM”),
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`later reorganized as BlackBerry Limited
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`(“BlackBerry”). At the time of the inventions, RIM was a global leader and pioneer in the field
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`of wireless mobile communications. The company was founded in 1984 and revolutionized the
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`mobile industry when it launched the BlackBerry® 850 in 1999. Fundamental is responsible for
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`protecting and licensing seminal BlackBerry innovations in the field of USB charging.
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`21.
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`The value of the inventions claimed by the Patents-in-Suit has been widely
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`recognized. Over thirty companies have taken licenses to the Patents-in-Suit, including many of
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`Aukey’s competitors.
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 5 of 18 PageID #: 5
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`Aukey’s Accused Products and Infringement
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`22.
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`On information and belief, Aukey makes, uses, sells, offers for sale and/or
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`imports infringing charging adapters for use with mobile devices (“Accused Products”) in the
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`United States, including but not limited to Wall Charging Adapters (e.g., “Aukey USB C
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`Charger 30W Power Delivery 3.0 Fast Charger with Dynamic Detect, USB C Wall Charger Dual
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`Port,” “USB C Charger Aukey Fast Charger 65W PD 3.0 with Dynanic Detect [GaN Power
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`Tech] PD Charger, USB C Wall Charger Dual Port,” “Aukey USB Wall Charger, Ultra Compact
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`Dual Port 2.4A Output & Foldable Plug,” “Aukey USB Charger 4 Ports with Foldable Plug,
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`USB Wall Charger,” and “27-Watt USB-C model (PA-Y19)”), Car Charging Adapters (e.g.,
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`“Aukey USB Car Charger, Flush Fit Dual Port USB Car Charger with 24W/4.8A Output,” “USB
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`C Car Charger, Aukey 36W Fast Car Charger, 30W Power Delivery 18W Quick Charge 3.0 USB
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`Cell Phone Car Adapter,” “Car Charger, Aukey USB C PD Fast Car Charger with Power
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`Delivery & Quick Charge 3.0,” and “Fast Car Charger, Aukey 36W Dual Port Quick Charge 3.0
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`USB Cell Phone Car Adapter”) and Power Banks (e.g., “Aukey USB C Power Bank,
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`20000mAh Portable Charger USB C, Slimline Type C Battery Pack with 3 Input & 4 Output
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`(PB-Y14),” “Aukey PD Power Bank 10000mAh, USB C Power Bank Slimline with 18W PD &
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`Quick Charge 3.0 (PB-Y13),” “Aukey Wireless Power Bank with 18W Power Delivery,
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`Wireless Charger Portable 8000mAh (PB-Y25),” “Sprint Ultra 30000mAh Power Bank with
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`30W Power Delivery & Quick Charge 3.0(PB-Y7),” and “Sprint Ultra 30000mAh Power Bank
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`with 30W Power Delivery & Quick Charge 3.0 (PB-Y23)), and other models that include similar
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`functionality.
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`23.
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`The Accused Products are USB charging adapters that are designed to provide
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`power to a mobile device. The charging adapters include a Vbus line and a USB communication
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`path. The charging adapters are configured to generate an identification signal, such as a voltage
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`on a D+ line and on a D- line, that indicates to the mobile device that it is receiving power from a
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`source that is not a USB host or hub. The charging adapters are able to supply current to a
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`mobile device without regard to at least one associated condition specified in a USB
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 6 of 18 PageID #: 6
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`specification. Certain of the Accused Products also receive power from a power socket and
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`include a power converter that regulates the received power to generate a DC power output.
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`Aukey’s Knowledge of the Patents-in-Suit and Infringement
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`24.
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`On October 9, 2017, Fundamental communicated to Aukey notice of infringement
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`of the Patent-in-Suit. Fundamental also provided Aukey with exemplary claim charts
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`demonstrating infringement of the Patents-in-Suit on October 9, 2017. Over the past nearly three
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`years, Aukey has not provided Fundamental with any basis for believing that it did not infringe
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`the Patents-in-Suit.
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`25.
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`After having received notice of the Patents-in-Suit, Aukey has continued to make,
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`use, sell, offer for sale, and import into the United States the Accused Products. Aukey’s
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`making, using, selling, offering to sell and importing of the Accused Products into the United
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`States constitute direct infringement under 35 U.S.C. § 271(a). On information and belief,
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`Aukey also directly infringes one or more method claims in the Patents-in-Suit by testing,
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`repairing, and using the Accused Products in the United States.
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`26.
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`After having received notice of the Patents-in-Suit, Aukey has continued to make,
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`use, sell, offer for sale, and import into the United States the Accused Products with knowledge
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`that these Accused Products are a material part of inventions claimed by the Patents-in-Suit and
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`are especially made or adapted for use in an infringement of the Patents-in-Suit. On information
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`and belief, Aukey knows that the Accused Products are not a staple article or commodity of
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`commerce suitable for substantial non-infringing use. Aukey’s actions contribute to the direct
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`infringement of the Patents-in-Suit by others, including customers of the Accused Products, in
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`violation of 35 U.S.C. § 271(c). For example, the Accused Products include battery charging
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`adapters, which are a component of a patented machine, manufacture, or combination, or an
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`apparatus for use in practicing a patented process. Furthermore, such components are a material
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`part of the invention and are not a staple article or commodity of commerce suitable for
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`substantial non-infringing use.
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`27.
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`After having received notice of the Patents-in-Suit, Aukey has continued to
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 7 of 18 PageID #: 7
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`advertise and distribute the Accused Products, offer technical assistance, and publish user
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`manuals, specifications, promotional literature or instructions to customers, partners, and/or end
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`users, advising them to use the Accused Products in a manner that directly infringes the Patents-
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`in-Suit. On information and belief, by such acts, Aukey actively induced, and continues to
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`actively induce, direct infringement of the Patents-in-Suit, in violation of 35 U.S.C. § 271(b).
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`For example, Aukey’s customers who purchase the Accused Products and operate the Accused
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`Products in accordance with instructions provided by Aukey, directly infringe one or more
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`claims of the Patents-in-Suit. Aukey provides such instructions through, for example, its
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`website, including at https://www.aukey.com/get-up-to-speed-with-usb-power-delivery/.
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`28.
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`On information and belief, Aukey has further actively induced infringement by
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`remaining willfully blind to its customers’ infringement despite believing there to be a high
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`probability its customers, among others, infringe the Patents-in-Suit.
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`FIRST CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 6,936,936)
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`29.
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`Fundamental re-alleges and incorporates by reference the allegations of the
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`preceding paragraphs of this Complaint as if fully set forth herein.
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`30.
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`The ’936 Patent, titled “Multifunctional Charger System and Method,” was duly
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`and legally issued on August 30, 2005. A true and correct copy of the ’936 Patent is attached as
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`Exhibit A.
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`31.
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`The ’936 Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
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`Quang A. Luong, and Jonathan T. Malton as co-inventors.
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`32.
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`The ’936 Patent has been in full force and effect since its issuance. Fundamental
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`owns by assignment the entire right, title, and interest in and to the ’936 Patent, including the
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`exclusive right to seek damages for past, current and future infringement thereof.
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`33.
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`Aukey has been, and currently is, directly infringing the ’936 Patent by making,
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`using, selling, offering to sell, and/or importing into the United States the Accused Products.
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`Aukey’s products infringe at least claim 13 of the ’936 Patent.
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 8 of 18 PageID #: 8
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`34.
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`The Accused Products include charging adapters that are able to provide power to
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`a mobile device through a USB port. As shown in the photo below, the Accused Products
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`include a plug unit that can be plugged into an electrical socket to receive energy from the
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`socket.
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`35.
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`The Accused Products also include a power converter that regulates energy from
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`the power socket so that voltage can be output from the charging adapter, and a USB connector
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`that is electrically connected to the power converter and that is able to deliver power to a mobile
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`device through a USB cable.
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`36.
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`The USB connecter is also electrically connected to an identification subsystem.
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`The identification subsystem is configured to generate an identification signal that consists of
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`voltages on the D+ and D- lines. The identification subsystem includes a hardwired connection
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`of a voltage level to the D+ and D- lines in the primary USB connector. For example, the D+
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`and D- lines are either connected together, or connected to the Vbus line through resistors.
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`37.
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`On information and belief, Aukey has been, and currently is, inducing
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`infringement of the ’936 Patent, in violation of 35 U.S.C. § 271(b), by knowingly encouraging or
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`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 9 of 18 PageID #: 9
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`import the Accused Products into the United States, without license or authority from
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`Fundamental, with knowledge of or willful blindness to the fact that Aukey’s actions will induce
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`others, including but not limited to its customers, partners, and/or end users, to directly infringe
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`the ’936 patent. Aukey induces others to infringe the ’936 Patent by encouraging and facilitating
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`others to perform actions that Aukey knows to be acts of infringement of the ’936 Patent with
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`intent that those performing the acts infringe the ’936 Patent.
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`38.
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`On information and belief, Aukey has been, and currently is, contributorily
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`infringing the ’936 Patent, in violation of 35 U.S.C. § 271(c), by selling or offering for sale, in
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`this judicial district and throughout the United States, components that embody a material part of
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`the inventions described in the ’936 Patent, are known by Aukey to be especially made or
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`especially adapted for use in infringement of the ’936 Patent, and are not staple articles of
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`commerce or commodities suitable for substantial, non-infringing use, including at least the
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`Accused Products. Aukey’s actions contribute to the direct infringement of the Patents-in-Suit
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`by others, including customers of the Accused Products, in violation of 35 U.S.C. § 271(c).
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`39.
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`As a result of Aukey’s infringement of the ’936 Patent, Fundamental has been
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`damaged. Fundamental is entitled to recover for damages sustained as a result of Aukey’s
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`wrongful acts in an amount to be determined.
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`40.
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`In addition, Aukey’s infringing acts have caused and are causing immediate and
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`irreparable harm to Fundamental.
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`41.
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`On information and belief, Aukey has had actual knowledge of its infringement of
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`the ’936 Patent since no later than October 9, 2017. On information and belief, Aukey’s
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`infringement of the ’936 Patent has been and continues to be deliberate and willful, and,
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`therefore, this is an exceptional case warranting an award of treble damages and attorney’s fees
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`to Fundamental pursuant to 35 U.S.C. §§ 284-285.
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`SECOND CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 7,239,111)
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`42.
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`Fundamental re-alleges and incorporates by reference the allegations of the
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 10 of 18 PageID #: 10
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`preceding paragraphs of this Complaint as if fully set forth herein.
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`43.
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`The ’111 Patent, titled “Universal Serial Bus Adapter for a Mobile Device,” was
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`duly and legally issued on July 3, 2007. A true and correct copy of the ’111 Patent is attached as
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`Exhibit B.
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`44.
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`The ’111 Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
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`Quang A. Luong, and Jonathan T. Malton as co-inventors.
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`45.
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`The ’111 Patent has been in full force and effect since its issuance. Fundamental
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`owns by assignment the entire right, title, and interest in and to the ’111 Patent, including the
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`exclusive right to seek damages for past, current and future infringement thereof.
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`46.
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`On information and belief, Aukey has been, and currently is, directly infringing
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`the ’111 Patent by making, using, selling, offering to sell, and/or importing into the United States
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`Accused Products. On information and belief, Aukey’s products infringe at least claim 1 of the
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`’111 Patent.
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`47.
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`The Accused Products are charging adapters that are able to provide power to a
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`mobile device. The products include a plug unit that can be plugged into an electrical socket to
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`receive energy from the socket.
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`48.
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`The products also include a power converter that converts the voltage from the
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`electrical outlet to a voltage that can be output from the charging adapter. For example, some of
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`the Accused Products can be connected to an AC electrical outlet and convert the AC voltage to
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`a DC voltage. Other Accused Products can be connected to an electrical outlet in a vehicle and
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`convert power from 12v to 5v for output from the charging adapter.
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 11 of 18 PageID #: 11
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`49.
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`The Accused Products include an identification subsystem that is configured to
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`generate an identification signal that consists of voltages on the D+ and D- lines. These voltages
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`indicate to a mobile device that the power socket is not a USB host or hub.
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`50.
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`The Accused Products also include a USB connector, e.g., a USB type A
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`connector, that is coupled to the power converter through a Vbus line and to the identification
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`subsystem. The USB connector is configured to couple the power output and identification
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`signal to a mobile device, through a USB cable.
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`51.
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`On information and belief, Aukey has been, and currently is, inducing
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`infringement of the ’111 Patent, in violation of 35 U.S.C. § 271(b), by knowingly encouraging or
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`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
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`import the Accused Products into the United States, without license or authority from
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`Fundamental, with knowledge of or willful blindness to the fact that Aukey’s actions will induce
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`others, including but not limited to its customers, partners, and/or end users, to directly infringe
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`the ’111 patent. Aukey induces others to infringe the ’111 Patent by encouraging and facilitating
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`others to perform actions that Aukey knows to be acts of infringement of the ’111 Patent with
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`intent that those performing the acts infringe the ’111 Patent.
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`52.
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`On information and belief, Aukey has been, and currently is, contributorily
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`infringing the ’111 Patent, in violation of 35 U.S.C. § 271(c), by selling or offering for sale, in
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`this judicial district and throughout the United States, components that embody a material part of
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`the inventions described in the ’111 Patent, are known by Aukey to be especially made or
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`especially adapted for use in infringement of the ’111 Patent, and are not staple articles of
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 12 of 18 PageID #: 12
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`commerce or commodities suitable for substantial, non-infringing use, including at least the
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`Accused Products. Aukey’s actions contribute to the direct infringement of the Patents-in-Suit
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`by others, including customers of the Accused Products, in violation of 35 U.S.C. § 271(c).
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`53.
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`As a result of Aukey’s infringement of the ’111 Patent, Fundamental has been
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`damaged. Fundamental is entitled to recover for damages sustained as a result of Aukey’s
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`wrongful acts in an amount to be determined.
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`54.
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`In addition, Aukey’s infringing acts have caused and are causing immediate and
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`irreparable harm to Fundamental.
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`55.
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`On information and belief, Aukey has had actual knowledge of its infringement of
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`the ’111 Patent since no later than October 9, 2017. On information and belief, Aukey’s
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`infringement of the ’111 Patent has been and continues to be deliberate and willful, and,
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`therefore, this is an exceptional case warranting an award of treble damages and attorney’s fees
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`to Fundamental pursuant to 35 U.S.C. §§ 284-285.
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`THIRD CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 8,624,550)
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`56.
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`Fundamental re-alleges and incorporates by reference the allegations of the
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`preceding paragraphs of this Complaint as if fully set forth herein.
`
`57.
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`The ’550 Patent, titled “Multifunctional Charger System and Method,” was duly
`
`and legally issued on January 7, 2014. A true and correct copy of the ’550 Patent is attached as
`
`Exhibit C.
`
`58.
`
`The ’550 Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
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`Quang A. Luong, and Jonathan T. Malton as co-inventors.
`
`59.
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`The ’550 Patent has been in full force and effect since its issuance. Fundamental
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`owns by assignment the entire right, title, and interest in and to the ’550 Patent, including the
`
`exclusive right to seek damages for past, current and future infringement thereof.
`
`60.
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`Aukey has been, and currently is, directly infringing the ’550 Patent by making,
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 13 of 18 PageID #: 13
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`using, selling, offering to sell, and/or importing into the United States Accused Products. On
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`information and belief, Aukey’s products infringe at least claim 1 of the ’550 Patent.
`
`61.
`
`The Accused Products are charging adapters that include a USB VBUS line and
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`D+/D- lines that are a USB communication path.
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`62. When connected to a mobile device, the Accused Products generate voltages on
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`the D+ and D- lines.
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`63.
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`The Accused Products are configured to supply current on the VBUS line of
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`greater than 500 mA, which is without regard to the current limits in the USB specification.
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`64.
`
` On information and belief, Aukey has been, and currently is, inducing
`
`infringement of the ’550 Patent, in violation of 35 U.S.C. § 271(b), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
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`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Aukey’s actions will induce
`
`others, including but not limited to its customers, partners, and/or end users, to directly infringe
`
`the ’550 patent. Aukey induces others to infringe the ’550 Patent by encouraging and facilitating
`
`others to perform actions that Aukey knows to be acts of infringement of the ’550 Patent with
`
`intent that those performing the acts infringe the ’550 Patent.
`
`65.
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`On information and belief, Aukey has been, and currently is, contributorily
`
`infringing the ’550 Patent, in violation of 35 U.S.C. § 271(c), by selling or offering for sale, in
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`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the ’550 Patent, are known by Aukey to be especially made or
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 14 of 18 PageID #: 14
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`especially adapted for use in infringement of the ’550 Patent, and are not staple articles of
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`commerce or commodities suitable for substantial, non-infringing use, including at least the
`
`Accused Products. Aukey’s actions contribute to the direct infringement of the Patents-in-Suit
`
`by others, including customers of the Accused Products, in violation of 35 U.S.C. § 271(c).
`
`66.
`
`As a result of Aukey’s infringement of the ’550 Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result of Aukey’s
`
`wrongful acts in an amount to be determined.
`
`67.
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`In addition, Aukey’s infringing acts have caused and are causing immediate and
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`irreparable harm to Fundamental.
`
`68.
`
`On information and belief, Aukey has had actual knowledge of its infringement of
`
`the ’550 Patent since no later than October 9, 2017. On information and belief, Aukey’s
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`infringement of the ’550 Patent has been and continues to be deliberate and willful, and,
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`therefore, this is an exceptional case warranting an award of treble damages and attorney’s fees
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`to Fundamental pursuant to 35 U.S.C. §§ 284-285.
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`FOURTH CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 8,330,422)
`
`69.
`
`Fundamental re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`
`70.
`
`The ’422 Patent, titled “Charging System and Method,” was duly and legally
`
`issued on December 11, 2012. On May 15, 2018, the USPTO issued an ex parte reexamination
`
`certificate for the ‘422 patent. A true and correct copy of the ’422 Patent and its reexamination
`
`certificate is attached as Exhibit D.
`
`71.
`
`The ’422 Patent names Ryan M. Bayne, Alexei Skarine, and Steven R. Green as
`
`co-inventors.
`
`72.
`
`The ’422 Patent has been in full force and effect since its issuance. Fundamental
`
`owns by assignment the entire right, title, and interest in and to the ’422 Patent, including the
`
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 15 of 18 PageID #: 15
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`exclusive right to seek damages for past, current and future infringement thereof.
`
`73.
`
`Aukey has been, and currently is, directly infringing the ’422 Patent by making,
`
`using, selling, offering to sell, and/or importing into the United States the Accused Products. On
`
`information and belief, Aukey’s products infringe at least claim 1 of the ’422 Patent.
`
`74.
`
`The Accused Products include charging adapters that are able to provide power to
`
`a mobile device through a USB port. The Accused Products include a power converter
`
`configured to receive power from a power source and to generate a power output. For example,
`
`some of the Accused Products can be connected to an AC electrical outlet and convert the AC
`
`voltage to a DC voltage. Other Accused Products can be connected to an electrical outlet in a
`
`vehicle and convert power from 12v to 5v for output from the charging adapter.
`
`
`
`
`
`75.
`
`The Accused Products include a charging controller that is configured to control
`
`an amount of power output from the charger and communicate an identification signal via USB
`
`data lines. For example, at least some of the Accused Products generate approximately 2.7v on
`
`the D- line and 2.7v on the D+ line. On information and belief, the voltages on the D+ and D-
`
`lines are based on a resistance between the D+ and D- lines. The identification signal indicates
`
`that the power output exceeds standard USB power limits.
`
`76.
`
`On information and belief, Aukey has been, and currently is, inducing
`
`infringement of the ’422 Patent, in violation of 35 U.S.C. § 271(b), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
`
`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Aukey’s actions will induce
`
`others, including but not limited to its customers, partners, and/or end users, to directly infringe
`
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`Case 2:20-cv-00116-JRG Document 1 Filed 04/23/20 Page 16 of 18 PageID #: 16
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`the ’422 patent. Aukey induces others to infringe the ’422 Patent by encouraging and facilitating
`
`others to perform actions that Aukey knows to be acts of infringement of the ’422 Patent with
`
`specific intent that those performing the acts infringe the ’422 Patent.
`
`77.
`
`On information and belief, Aukey has been, and currently is, contributorily
`
`infringing the ’422 Patent, in violation of 35 U.S.C. § 271(c), by selling or offering for sale, in
`
`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the ’422 Patent, are known by Aukey to be especially made or
`
`especially adapted for use in infringement of the ’422 Patent, and are not staple articles of
`
`commerce or commodities suitable for substantial, non-infringing use, including at least the
`
`Accused Products. Aukey’s actions contribute to the direct infringement of the Patents-in-Suit
`
`by others, including customers of the Accused Products, in violation of 35 U.S.C. § 271(c).
`
`78.
`
`As a result of Aukey’s infringement of the ’422 Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result o