`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GESTURE TECHNOLOGY PARTNERS,
`LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`CIVIL ACTION NO. 2:21-cv-00041
`
`ORIGINAL COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Gesture Technology Partners, LLC (“GTP” or “Plaintiff”) files this original
`
`complaint against Samsung Electronics Co., Ltd. (“SEC”) and Samsung Electronics America, Inc.
`
`(“SEA”) (collectively, “Samsung”) alleging, based on its own knowledge as to itself and its own
`
`actions, and based on information and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Gesture Technology Partners, LLC is a limited liability company filed under the
`
`laws of the State of Ohio, with its principal place of business at 2815 Joelle Drive, Toledo, Ohio
`
`43617.
`
`2.
`
`Defendant Samsung Electronics Co., Ltd. is a corporation organized and existing
`
`organized under the laws of South Korea. It has its principal place of business at 129 Samsung-
`
`Ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, 443-742, South Korea. SEC designs, manufactures,
`
`makes, uses, imports into the United States, sells, and/or offers for sale in the United States SEC
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 2 of 21 PageID #: 2
`
`smartphones and tablets. SEC’s smartphones and tablets are marketed, used, offered for sale,
`
`and/or sold throughout the United States, including within this district.
`
`3.
`
`Defendant Samsung Electronics America, Inc. is a corporation organized under the
`
`laws of the State of New York. Its principal place of business is at 85 Challenger Rd., Ridgefield
`
`Park, New Jersey 07660. SEA is a wholly owned subsidiary of SEC and oversees domestic sales
`
`and distribution of Samsung’s consumer electronics products, including the products accused of
`
`infringement in this case.
`
`JURISDICTION AND VENUE
`
`4.
`
`GTP repeats and re-alleges the allegations in Paragraphs 1-3 as though fully set
`
`forth in their entirety.
`
`5.
`
`This is an action for infringement of United States patents arising under 35 U.S.C.
`
`§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
`
`under 28 U.S.C. § 1331 and § 1338(a).
`
`6.
`
`7.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1400(b) and 1391(c).
`
`Samsung is subject to this Court’s specific and general personal jurisdiction due at
`
`least to Samsung’s substantial business in this forum, including (i) at least a portion of the
`
`infringements alleged herein; or (ii) regularly doing or soliciting business, engaging in other
`
`persistent courses of conduct, or deriving substantial revenue from goods and services provided to
`
`individuals in Texas and in this district.
`
`8.
`
`Specifically, Samsung intends to and does business in Texas, directly or through
`
`intermediaries and offers its products or services, including those accused herein of infringement,
`
`to customers and potential customers located in Texas, including in the Eastern District of Texas.
`
`2
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 3 of 21 PageID #: 3
`
`9.
`
`Samsung maintains a regular and established place of business in this District,
`
`including at 1301 East Lookout Drive, Richardson, Texas 75080 and 1000 Klein Road, Plano,
`
`Texas 75074. SEA may be served with process through its registered agent for service in Texas:
`
`CT Corporation System, 1999 Bryant Street, Suite 900, Dallas, Texas 75201.
`
`10.
`
`Samsung has not disputed this Court’s personal jurisdiction over in other recent
`
`patent-infringement actions. See, e.g., Answer at ¶ 10, Barkan Wireless v. Samsung Elecs. Co.,
`
`Ltd. et al., No. 2:18-cv-00028-JRG, Dkt. 25 (E.D. Tex., Apr. 23, 2018); Answer at ¶ 9, Immersion
`
`Corp. v. Samsung Electronics America, No. 2:17-cv-572 (E.D. Tex. Oct. Oct 24, 2017); Answer
`
`at ¶ 10, Richardson v. Samsung Electronics Co., No. 6-17-cv-428 (E.D. Tex. Oct. 20, 2017);
`
`Answer at ¶ 8, Spacetime3D, Inc. v. Samsung Electronics Co., LTC and Samsung Electronics
`
`America, Inc., No. 2:19-cv-00372 (E.D. Tex. May 16, 2020).
`
`11.
`
`Venue is proper against SEC pursuant to 28 U.S.C. § 1391(c)(3) because venue is
`
`proper in any judicial district against a foreign corporation. See In re HTC Corp., 889 F.3d 1349,
`
`1354 (Fed. Cir. 2018).
`
`12.
`
`Venue is proper against SEA in this District pursuant to 28 U.S.C. § 1400(b)
`
`because it has maintained established and regular places of business in this District and has
`
`committed acts of patent infringement in the District. See In re Cray Inc., 871 F.3d 1355, 1362-
`
`63 (Fed. Cir. 2017).
`
`13.
`
`In other recent patent actions, Samsung either “admit[ted],” (Answer at ¶ 14,
`
`Richardson v. Samsung Electronics Co., No. 6-17-cv-428 (E.D. Tex. Oct. 20, 2017)), or “d[id] not
`
`contest,” (Answer at ¶ 10, Immersion Corp. v. Samsung Electronics America, No. 16-cv-572 (E.D.
`
`Tex. Oct. 24, 2017)), that this District is a proper venue for patent infringement actions against
`
`them. See also, e.g., Samsung Defendants’ Answer at ¶ 12, Barkan Wireless, No. 2:18-cv-00028-
`
`3
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 4 of 21 PageID #: 4
`
`JRG, Dkt. 25 (E.D. Tex., Apr. 23, 2018); Answer at ¶ 9-10 Spacetime3D, Inc. v. Samsung
`
`Electronics Co., LTC and Samsung Electronics America, Inc., No. 2:19-cv-00372 (E.D. Tex. May
`
`16, 2020).
`
`14.
`
`In 2018, Samsung relocated 1,000 jobs to its new Plano campus. See Samsung
`
`moving 1,000 jobs to Legacy Central Plano, available at https://planotexas.org/765/Samsung-
`
`moving-1000-jobs-to-Legacy-Centr (last accessed Jan. 16, 2021).
`
`15.
`
`In 2020, Samsung announced plans to expand its Plano presence. See Samsung
`
`plans for Plano office expansion, available at https://www.dallasnews.com/business/real-
`
`estate/2020/03/20/samsung-plans-for-plano-office-expansion/ (last accessed Jan. 16, 2021).
`
`THE TECHNOLOGY
`
`16.
`
`GTP repeats and re-alleges the allegations in Paragraphs 1-15 as though fully set
`
`forth in their entirety.
`
`17.
`
`GTP was founded in 2013 by Dr. Timothy Pryor, the sole inventor of the five
`
`Asserted Patents. He currently resides in Toledo, Ohio. Dr. Pryor received a B.S. in Engineering
`
`Physics from Johns Hopkins University in 1962, where he was also a member of the Army Reserve
`
`Officer in Training (ROTC) program. Upon graduation, he was commissioned as a Second
`
`Lieutenant in the United States Army. Dr. Pryor continued his education, obtaining an M.S. in
`
`Physics from the University of Illinois (1964) and a Ph.D. in Mechanical Engineering from the
`
`University of Windsor (1972).
`
`18.
`
`Dr. Pryor rose to the rank of Captain in the U.S. Army before his honorable
`
`discharge in 1967. Dr. Pryor served in at the U.S. Army Aberdeen Proving Ground and Italy,
`
`commanding missile teams supporting the Italian armed forces on a NATO anti-aircraft missile
`
`site, charged with guarding nuclear warheads and providing technical assistance to NATO.
`
`4
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 5 of 21 PageID #: 5
`
`19.
`
`Dr. Pryor is a named inventor on over 200 patents and patent applications. For the
`
`past four decades, he has been a pioneer in laser sensing technology, motion sensing technology,
`
`machine vision technology and camera-based interactive technology.
`
`20.
`
`Since the 1970’s, Dr. Pryor has founded and led three other companies: two small
`
`operating companies in the automotive parts inspection and robotics businesses, one company that
`
`developed new forms of vehicle instrument panel controls, and co-founded another company that
`
`utilized camera-based sensors for physical therapy. Dr. Pryor is responsible for a significant
`
`amount of the research and development for the technologies at these companies.
`
`21.
`
`The patents-in-suit, U.S. Patent Nos. 8,194,924 (the “’924 patent”), 7,933,431 (the
`
`“’431 patent”), 8,878,949 (the “’949 patent”), and 8,553,079 (the “’079 patent”) (collectively, the
`
`“Asserted Patents”), are generally directed to innovations in using mobile phone cameras to assist
`
`a user to interact with their smartphone, including, for example, but not limited to unlocking their
`
`phone, taking and using photos or videos, and providing other functions.
`
`22.
`
`Dr. Pryor conceived of the inventions embodied in the Asserted Patents in the mid-
`
`to late-1990s, when he was working on a variety of different projects related to imaging and
`
`computer control. Dr. Pryor describes the process as a “brainstorm” that led to several
`
`breakthrough moments, ultimately resulting in the Asserted Patents.
`
`THE ACCUSED PRODUCTS
`
`23.
`
`GTP repeats and re-alleges the allegations in Paragraphs 1-22 as though fully set
`
`forth in their entirety.
`
`24.
`
`Samsung infringed the asserted patents by making, using, selling, offering to sell,
`
`and importing its smartphones and tablets. Exemplary accused infringing smartphones and tablets
`
`5
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 6 of 21 PageID #: 6
`
`include, but are not limited to, the Samsung Galaxy Note Series, S Series, Z Series, A Series, M
`
`Series, Galaxy Tab S7/7+, S6, S5, and S4 (collectively the “Accused Products”).
`
`EXAMPLES OF SAMSUNG’S MARKETING OF THE ACCUSED FEATURES
`
`25.
`
`The Accused Products have features including, but not limited to, at least the
`
`following: Gesture Detection, Smile Shutter, Iris Scan Unlock, Face ID Unlock, Intelligent Scan
`
`Unlock, Tracking Autofocus, Selfie Focus, Smart OIS, Smart Stay, Smart Pause, Smart Scroll,
`
`Blur Background, Adjust Blur, Face Location, Active Shape Connection, Internet Transfer After
`
`Sense (E.G., QR Code), Bixby Vision, Control Exposure Based On Location, Live Masks
`
`Track/Apply, Live Stickers Track, AR Emoji, Beauty Mode, Portrait Mode, and Smile Shot (the
`
`“Features”).
`
`26.
`
`27.
`
`The Features drive the popularity and sales of the Accused Products.
`
`For example, Samsung has marketed the Accused Products using iris scanning to
`
`unlock the phone as a superior security feature, as described in the following screenshot from
`
`Samsung’s website:1
`
`1 Samsung Electronics Co., Ltd., How does the iris scanner work on Galaxy S9, Galaxy
`S9+, and Galaxy Note9, available at https://www.samsung.com/global/galaxy/what-is/iris-
`scanning/ (last accessed January 16, 2020).
`
`6
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 7 of 21 PageID #: 7
`
`28.
`
`Samsung has marketed its Accused Products using facial recognition to make
`
`payments through Samsung Pay, as described in the following screenshot from Samsung’s
`
`website:2
`
`29.
`
`Samsung has marketed its Accused Products using functions in taking photos and
`
`videos, such as the gesture control in its front-facing camera, as described in the following
`
`screenshot from Samsung’s website:3
`
`2 Samsung Electronics Co., Ltd., Samsung Pay More than a wallet, available at
`https://www.samsung.com/us/samsung-pay/ (last accessed January 16, 2020).
`3 Samsung Electronics Co., Ltd., Use motions and gestures to control your Galaxy phone,
`available at https://www.samsung.com/us/support/answer/ANS00086302/ (last accessed January
`16, 2020).
`
`7
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 8 of 21 PageID #: 8
`
`30.
`
`Samsung has marketed the Accused Products using convenience features, such as
`
`Smart Stay features, as described in the following screenshot from Samsung’s website4:
`
`4 Samsung Electronics Co., Ltd., What is the Smart Stay feature on my Samsung Galaxy
`Note??, available at https://www.samsung.com/za/support/mobile-devices/what-is-the-smart-
`stay-feature-on-my-samsung-galaxy-note2/ (last accessed January 16, 2020).
`8
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 9 of 21 PageID #: 9
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,194,924
`
`31.
`
`GTP repeats and re-alleges the allegations in Paragraphs 1-30 as though fully set
`
`forth in their entirety.
`
`32.
`
`GTP owns all substantial rights, interest, and title in and to the ’924 patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’924 patent against
`
`infringers, and to collect damages for all relevant times. The United States Patent and Trademark
`
`Office duly issued the ’924 patent on June 5, 2012. A copy of the ’924 patent is attached as Exhibit
`
`A.
`
`33.
`
`The ’924 patent is titled “Camera Based Sensing in Handheld, Mobile, Gaming or
`
`Other Devices.” The ’924 patent describes using a camera output such that the handheld device’s
`
`computer performs a control function on the device, such as acquiring or taking images, reading
`
`things, determining data, transmitting data, printing data, and actuating a vehicle or function.
`
`34.
`
`35.
`
`The claims of the ’924 patent are not directed to an abstract idea.
`
`Samsung has directly infringed (literally or under the doctrine of equivalents) at
`
`least Claim 1 of the ’924 patent.
`
`36.
`
`Samsung has infringed the ’924 patent by making, using, selling, offering for sale,
`
`and importing the Accused Products.
`
`37.
`
`The Accused Products are handheld devices with a housing and a computer,
`
`including but not limited to one or more System-on-Chips.
`
`38.
`
`The Accused Products have at least one first camera oriented to view a user of the
`
`Accused Product. The first camera has an output when used.
`
`9
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 10 of 21 PageID #: 10
`
`39.
`
`The Accused Products have at least one second camera oriented to view an object
`
`other than the user. The second camera has an output when used.
`
`40.
`
`The first and second cameras of the Accused Products have non-overlapping fields
`
`of view.
`
`41.
`
`The computer of the Accused Products is adapted to perform a control function,
`
`such as the control functions associated with the Features, based on an output of either the first
`
`camera or the second camera.
`
`42.
`
`Plaintiff has been damaged as a result of the infringing conduct by Samsung alleged
`
`above. Thus, Samsung is liable to Plaintiff in an amount that compensates it for such
`
`infringements, which by law cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`43.
`
`Plaintiff has satisfied all statutory obligations required to collect pre-filing damages
`
`for the full period allowed by law for infringement of the ’924 patent.
`
`44.
`
`Plaintiff has not offered for sale nor sold any product implicated by 35 U.S.C. §
`
`287 with respect to the ’924 patent.
`
`45.
`
`Samsung had knowledge of the ’924 patent at least as of the filing of this
`
`Complaint.
`
`46.
`
`Samsung has also indirectly infringed one or more claims of the ’924 patent by
`
`inducing others to directly infringe the ’924 patent. Samsung has induced end-users and other
`
`third-parties to directly infringe (literally or under the doctrine of equivalents) the ’924 patent by
`
`using the Accused Products. Samsung took active steps, directly or through contractual
`
`relationships with others, with the specific intent to cause them to use the Accused Products in a
`
`manner that infringes one or more claims of the ’924 patent, including, for example, Claim 1 of
`
`10
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 11 of 21 PageID #: 11
`
`the ’924 patent. Such steps by Samsung included, among other things, advising or directing end-
`
`users and other third-parties to use the Accused Features in the Accused Products in an infringing
`
`manner; advertising and promoting the use of the Accused Products in an infringing manner; or
`
`distributing instructions that guide end-users and other third-parties to use the Accused Products
`
`in an infringing manner. Samsung performed these steps, which constitute induced infringement
`
`with the knowledge of the ’924 patent and with the knowledge that the induced acts constitute
`
`infringement. Samsung was aware that the normal and customary use of the Accused Products by
`
`others would infringe the ’924 patent. Samsung’s direct infringement of the ’924 patent was
`
`willful, intentional, deliberate, or in conscious disregard of Plaintiff’s rights under the patent.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 7,933,431
`
`47.
`
`GTP repeats and re-alleges the allegations in Paragraphs 1-46 as though fully set
`
`forth in their entirety.
`
`48.
`
`GTP owns all substantial rights, interest, and title in and to the ’431 patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’431 patent against
`
`infringers, and to collect damages for all relevant times. The United States Patent and Trademark
`
`Office duly issued the ’431 patent on April 26, 2011. A copy of the ’431 patent is attached as
`
`Exhibit B.
`
`49.
`
`The ’431 patent is titled “Camera Based Sensing in Handheld, Mobile, Gaming, or
`
`Other Devices.” The ’431 patent describes a method for a user to control a handheld device using
`
`gestures that are observed by a sensor on the handheld device.
`
`11
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 12 of 21 PageID #: 12
`
`50.
`
`Samsung has directly infringed (literally or under the doctrine of equivalents) at
`
`least Claim 7 of the ’431 patent. Samsung has infringed the ’431 patent by making, using, selling,
`
`offering to sell, and importing the Accused Products.
`
`51.
`
`52.
`
`53.
`
`54.
`
`The claims of the ’431 patent are not directed to an abstract idea.
`
`The Accused Products are handheld computers.
`
`The Accused Products have a housing.
`
`The Accused Products have one or more cameras associated with their housing.
`
`The one or more cameras obtain images of objects using reflected light from the objects.
`
`55.
`
`A computer, including but not limited to at least one System on Chip, resides within
`
`the housing of the Accused Products. The computer analyzes images obtained by the one or more
`
`images to determine information about a position or movement of the object.
`
`56.
`
`The Accused Products use information about the object to control a function of the
`
`Accused Products, such as the functions associated with the Features.
`
`57.
`
`Plaintiff has been damaged as a result of the infringing conduct by Samsung alleged
`
`above. Thus, Samsung is liable to Plaintiff in an amount that adequately compensates it for such
`
`infringements, which by law cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`58.
`
`Plaintiff has satisfied all statutory obligations required to collect pre-filing damages
`
`for the full period allowed by law for infringement of the ’431 Patent.
`
`59.
`
`Plaintiff has not offered for sale nor sold any product implicated by 35 U.S.C. §
`
`287 with respect to the ’431 patent.
`
`60.
`
`Samsung had knowledge of the ’431 patent at least as of the filing of this
`
`Complaint.
`
`12
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 13 of 21 PageID #: 13
`
`61.
`
`Samsung has also indirectly infringed one or more claims of the ’431 patent by
`
`inducing others to directly infringe the ’431 patent. Samsung has induced end-users and other
`
`third-parties to directly infringe (literally or under the doctrine of equivalents) the ’431 patent by
`
`using the Accused Products. Samsung took active steps, directly or through contractual
`
`relationships with others, with the specific intent to cause them to use the Accused Products in a
`
`manner that infringes one or more claims of the ’431 patent, including, for example, Claim 7 of
`
`the ’431 patent. Such steps by Samsung included, among other things, advising or directing end-
`
`users and other third-parties to use the Accused Products in an infringing manner; advertising and
`
`promoting the use of the Accused Products in an infringing manner; or distributing instructions
`
`that guide end-users and other third-parties to use the Accused Products in an infringing manner.
`
`Samsung performed these steps, which constitute induced infringement with the knowledge of the
`
`’431 patent and with the knowledge that the induced acts constitute infringement. Samsung was
`
`aware that the normal and customary use of the Accused Products by others would infringe the
`
`’431 patent. Samsung’s direct and indirect infringement of the ’431 patent was willful, intentional,
`
`deliberate, or in conscious disregard of Plaintiff’s rights under the patent.
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 8,878,949
`
`62.
`
`GTP repeats and re-alleges the allegations in Paragraphs 1-61 as though fully set
`
`forth in their entirety.
`
`63.
`
`GTP owns all substantial rights, interest, and title in and to the ’949 patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’949 patent against
`
`infringers, and to collect damages for all relevant times. The United States Patent and Trademark
`
`13
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 14 of 21 PageID #: 14
`
`Office duly issued the ’949 patent on November 4, 2014. A copy of the ’949 patent is attached as
`
`Exhibit C.
`
`64.
`
`The ’949 Patent is titled “Camera Based Interaction and Instruction.” The ’949
`
`patent describes a device that allows a user to control the device using gestures registered by the
`
`front-facing camera and an electro-optical sensor.
`
`65.
`
`66.
`
`The claims of the ’949 patent are not directed to an abstract idea.
`
` Samsung has directly infringed (literally or under the doctrine of equivalents) at
`
`least Claim 1 of the ’949 patent. Samsung infringed the ’949 patent by making, using, selling,
`
`offering for sale, and importing the Accused Products.
`
`67.
`
`68.
`
`The Accused Products are portable devices.
`
`The Accused Products have a housing. The housing has a forward-facing portion
`
`that includes an electro-optical sensor that has a field of view and a digital camera.
`
`69.
`
`Within the housing is a processing unit including, but not limited to, at least one
`
`System on Chip. The processing unit is coupled to the electro-optical sensor.
`
`70.
`
`The processing unit in the Accused Products has been programmed to determine if
`
`a gesture has been performed in the electro-optical sensors field of view based on an output from
`
`the electro-optical sensor.
`
`71.
`
`The processing unit of the Accused Products controls the digital camera in response
`
`to the gesture performed. Such gestures are used by the Features.
`
`72.
`
`Plaintiff has been damaged as a result of the infringing conduct by Samsung alleged
`
`above. Thus, Samsung is liable to Plaintiff in an amount that adequately compensates it for such
`
`infringements, which by law cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`14
`
`
`
`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 15 of 21 PageID #: 15
`
`73.
`
`Plaintiff has satisfied all statutory obligations required to collect pre-filing damages
`
`for the full period allowed by law for infringement of the ’949 Patent.
`
`74.
`
`Plaintiff has not offered for sale nor sold any product implicated by 35 U.S.C. §
`
`287 with respect to the ’949 patent.
`
`75.
`
`Samsung had knowledge of the ’949 patent at least as of the filing of this
`
`Complaint.
`
`76.
`
`Samsung has also indirectly infringed one or more claims of the ’949 patent by
`
`inducing others to directly infringe the ’949 patent. Samsung has induced end-users and other
`
`third-parties to directly infringe (literally or under the doctrine of equivalents) the ’949 patent by
`
`using the Accused Products. Samsung took active steps, directly or through contractual
`
`relationships with others, with the specific intent to cause them to use the Accused Products in a
`
`manner that infringes one or more claims of the ’949 patent, including, for example, Claim 1 of
`
`the ’949 patent. Such steps by Samsung included, among other things, advising or directing end-
`
`users and other third-parties to use the Accused Products in an infringing manner; advertising and
`
`promoting the use of the Accused Products in an infringing manner; or distributing instructions
`
`that guide end-users and other third-parties to use the Accused Products in an infringing manner.
`
`Samsung performed these steps, which constitute induced infringement with the knowledge of the
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`’949 patent and with the knowledge that the induced acts constitute infringement. Samsung was
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`aware that the normal and customary use of the Accused Products by others would infringe the
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`’949 patent. Samsung’s direct and indirect infringement of the ’949 patent was willful, intentional,
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`deliberate, or in conscious disregard of Plaintiff’s rights under the patent.
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`15
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`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 16 of 21 PageID #: 16
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`COUNT IV
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`INFRINGEMENT OF U.S. PATENT NO. 8,553,079
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`77.
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`GTP repeats and re-alleges the allegations in Paragraphs 1-76 as though fully set
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`forth in their entirety.
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`78.
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`GTP owns all substantial rights, interest, and title in and to the ’079 patent,
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`including the sole and exclusive right to prosecute this action and enforce the ’079 patent against
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`infringers, and to collect damages for all relevant times. The United States Patent and Trademark
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`Office duly issued the ’079 patent on October 8, 2013. A copy of the ’079 patent is attached as
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`Exhibit D.
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`79.
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`The ’079 patent is titled “More Useful Man Machine Interfaces and Applications.”
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`The ’079 patent describes methods and apparatuses related to determining gestures illuminated by
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`a light source of a computer by using a camera housed in the computer.
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`80.
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`81.
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`The claims of the ’079 patent are not directed to an abstract idea.
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`Samsung has directly infringed (literally or under the doctrine of equivalents) at
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`least Claim 11 of the ’079 patent. Samsung has infringed the ’079 patent by making, using, selling,
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`offering for sale, and importing the Accused Products.
`
`82.
`
`83.
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`The Accused Products are computer apparatuses.
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`The Accused Products contain a light source that will illuminate a human body part
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`within a work volume.
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`84.
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`The Accused Products have one or more cameras. The one or more cameras have
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`a fixed relation to the light source. The one or more cameras of the Accused Products are oriented
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`to observe gestures performed by a human body part.
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`16
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`
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`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 17 of 21 PageID #: 17
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`85.
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`The Accused Products have one or more processors including, but not limited to,
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`one or more System on Chips, that have been programmed to determine a gesture performed based
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`on output from the one or more cameras.
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`86.
`
`Plaintiff has been damaged as a result of the infringing conduct by Samsung alleged
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`above. Thus, Samsung is liable to Plaintiff in an amount that adequately compensates it for such
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`infringements, which by law cannot be less than a reasonable royalty, together with interest and
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`costs as fixed by this Court under 35 U.S.C. § 284.
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`87.
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`Plaintiff has satisfied all statutory obligations required to collect pre-filing damages
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`for the full period allowed by law for infringement of the ’079 patent.
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`88.
`
`Plaintiff has not offered for sale nor sold any product implicated by 35 U.S.C. §
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`287 with respect to the ’079 patent.
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`89.
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`Samsung had knowledge of the ’079 patent at least as of the filing of this
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`Complaint.
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`90.
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`Samsung has also indirectly infringed one or more claims of the ’079 patent by
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`inducing others to directly infringe the ’079 patent. Samsung has induced end-users and other
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`third-parties to directly infringe (literally or under the doctrine of equivalents) the ’079 patent by
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`using the Accused Products. Samsung took active steps, directly or through contractual
`
`relationships with others, with the specific intent to cause them to use the Accused Products in a
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`manner that infringes one or more claims of the ’079 patent, including, for example, Claim 11 of
`
`the ’079 patent. Such steps by Samsung included, among other things, advising or directing end-
`
`users and other third-parties to use the Accused Products in an infringing manner; advertising and
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`promoting the use of the Accused Products in an infringing manner; or distributing instructions
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`that guide end-users and other third-parties to use the Accused Products in an infringing manner.
`
`17
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`
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`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 18 of 21 PageID #: 18
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`Samsung performed these steps, which constitute induced infringement with the knowledge of the
`
`’079 patent and with the knowledge that the induced acts constitute infringement. Samsung was
`
`aware that the normal and customary use of the Accused Products by others would infringe the
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`’079 patent. Samsung’s inducement is ongoing.
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`91.
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`Samsung’s direct and indirect infringement of the ’079 patent was willful,
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`intentional, deliberate, or in conscious disregard of Plaintiff’s rights under the patent.
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`JURY DEMAND
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`Plaintiff hereby requests a trial by jury on all issues so triable by right.
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`PRAYER FOR RELIEF
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`GTP requests that the Court find in its favor and against Samsung, and that the Court grant
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`GTP the following relief:
`
`a.
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`Judgment that one or more claims of the Asserted Patents have been infringed,
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`either literally or under the doctrine of equivalents, by Samsung or all others acting in concert
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`therewith;
`
`b.
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`Judgment that Samsung accounts for and pays to GTP all damages to and costs
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`incurred by GTP because of Samsung’s infringing activities and other conduct complained of
`
`herein;
`
`c.
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`Judgment that Samsung’s infringements be found willful, and that the Court award
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`treble damages for the period of such willful infringement pursuant to 35 U.S.C. § 284;
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`d.
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`Pre-judgment and post-judgment interest on the damages caused by Samsung’s
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`infringing activities and other conduct complained of herein;
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`e.
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`That this Court declare this an exceptional case and award GTP its reasonable
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`attorneys’ fees and costs in accordance with 35 U.S.C. § 285; and
`
`18
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`
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`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 19 of 21 PageID #: 19
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`f.
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`All other and further relief as the Court may deem just and proper under the
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`circumstances.
`
`19
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`
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`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 20 of 21 PageID #: 20
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`Dated: February 4, 2021
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`Respectfully submitted,
`
`By: /s/ Fred I. Williams
`Fred I. Williams
`Texas State Bar No. 00794855
`Michael Simons
`Texas State Bar No. 24008042
`Jonathan L. Hardt
`Texas State Bar No. 24039906
`Chad Ennis
`Texas State Bar No. 24045834
`WILLIAMS SIMONS & LANDIS PLLC
`327 Congress Ave., Suite 490
`Austin, TX 78701
`Tel: 512-543-1354
`fwilliams@wsltrial.com
`msimons@wsltrial.com
`jhardt@wsltrial.com
`cennis@wsltrial.com
`
`Todd E. Landis
`State Bar No. 24030226
`WILLIAMS SIMONS & LANDIS PLLC
`2633 McKinney Ave., Suite 130 #366
`Dallas, TX 75204
`Tel: 512-543-1357
`tlandis@wsltrial.com
`
`John Wittenzellner
`Pennsylvania State Bar No. 308996
`WILLIAMS SIMONS & LANDIS PLLC
`1735 Market Street, Suite A #453
`Philadelphia, PA 19103
`Tel: 512-543-1373
`johnw@wsltrial.com
`
`Attorneys for Plaintiff Gesture Technology
`Partners, LLC
`
`20
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`
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`Case 2:21-cv-00041-JRG Document 1 Filed 02/04/21 Page 21 of 21 PageID #: 21
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on February 4, 2021, the undersigned caused a copy
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`of the foregoing document to be served on Samsung through the Court’s ECF System.
`
`/s/ Fred I. Williams
`Fred I. Williams
`
`21
`
`