Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 1 of 20 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SLYDE ANALYTICS LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`
`
`
`
` Defendants.
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Slyde Analytics LLC (“Slyde” or “Plaintiff”) for its Complaint against Defendants
`
`Samsung Electronics Co., Ltd. (“Samsung Electronics”) and Samsung Electronics America, Inc.
`
`(“Samsung Electronics America”) (collectively “Samsung” or “Defendants”) for patent
`
`infringement alleges as follows:
`
`THE PARTIES
`
`1.
`
`Slyde is a limited liability company organized and existing under the laws of the
`
`State of Texas, with its principal place of business located at 104 East Houston Street, Suite 170,
`
`Marshall, TX 75670.
`
`2.
`
`Defendant Samsung Electronics is a corporation organized and existing under the
`
`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro, Yeongtong-
`
`Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Samsung is a leading manufacturer
`
`and seller of smartwatches in the world and in the United States. Upon information and belief,
`
`Samsung Electronics does business in Texas, directly or through intermediaries, and offers its
`
`products and/or services, including those accused herein of infringement, to customers and
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 2 of 20 PageID #: 2
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`potential customers located in Texas, including in the Judicial District of the Eastern District of
`
`Texas.
`
`3.
`
`Defendant Samsung Electronics America is a corporation organized under the laws
`
`of New York, with its principal place of business at 85 Challenger Road, Ridgefield Park, NJ
`
`07660. Upon information and belief, Samsung Electronics America has corporate offices in the
`
`Eastern District of Texas at 1303 East Lookout Drive, Richardson, Texas 75082 and 2800
`
`Technology Drive, Suite 200, Plano, Texas 75074. Samsung Electronics America has publicly
`
`indicated that in early 2019, it would be centralizing multiple offices in a new location in the
`
`Eastern District of Texas at the Legacy Central office campus, located at 6225 Declaration Drive,
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`Plano, Texas 75023. Samsung Electronics America may be served with process in Texas through
`
`its registered agent CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-
`
`3136.
`
`JURISDICTION
`
`4.
`
`This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`5.
`
`This Court has specific and personal jurisdiction over each of the Defendants
`
`consistent with the requirements of the Due Process Clause of the United States Constitution and
`
`the Texas Long Arm Statute. Upon information and belief, each Defendant has sufficient
`
`minimum contacts with the forum because each Defendant transacts substantial business in the
`
`State of Texas and in this Judicial District. Further, each Defendant has, directly or through
`
`subsidiaries or intermediaries, committed and continues to commit acts of patent infringement in
`
`2
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`

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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 3 of 20 PageID #: 3
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`the State of Texas and in this Judicial District as alleged in this Complaint, as alleged more
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`particularly below.
`
`6.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
`
`1391(b) and (c) because each Defendant is subject to personal jurisdiction in this Judicial District,
`
`has committed acts of patent infringement in this Judicial District, and is either a foreign company
`
`or has a regular and established place of business in this Judicial District. Venue is proper in this
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`Judicial District as to Samsung Electronics, specifically, pursuant to 28 U.S.C. § 1391 because,
`
`among other things, Samsung Electronics is not a resident in the United States, and thus may be
`
`sued in any judicial district pursuant to 28 U.S.C. § 1391(c)(3). Each Defendant, through its own
`
`acts and/or through the acts of each other Defendant, makes, uses, sells, and/or offers to sell
`
`infringing products within this Judicial District, regularly does and solicits business in this Judicial
`
`District, and has the requisite minimum contacts with the Judicial District such that this venue is
`
`a fair and reasonable one. Further, upon information and belief, the Defendants have admitted or
`
`not contested proper venue in this Judicial District in other patent infringement actions.
`
`PATENTS-IN-SUIT
`
`7.
`
`On October 31, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,804,678 (the “’678 Patent”) entitled “Method and Circuit for
`
`Switching a Wristwatch from a First Power Mode to a Second Power Mode”. A true and correct
`
`copy of the ’678 Patent is available at: http://pdfpiw.uspto.gov/.piw?Docid=9804678.
`
`8.
`
`On February 5, 2019, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 10,198,085 (the “’085 Patent”) entitled “Method and Circuit for
`
`Switching a Wristwatch from a First Power Mode to a Second Power Mode”. A true and correct
`
`copy of the ’085 Patent is available at: http://pdfpiw.uspto.gov/.piw?Docid=10198085.
`
`3
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`

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`9.
`
`On November 19, 2013, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,588,033 (the “’033 Patent”) entitled “Wristwatch with Electronic
`
`Display”.
`
` A
`
`true
`
`and
`
`correct
`
`copy of
`
`the
`
`’033 Patent
`
`is
`
`available
`
`at:
`
`http://pdfpiw.uspto.gov/.piw?Docid=8588033.
`
`10.
`
`On May 16, 2017, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,651,922 (the “’922 Patent”) entitled “Wristwatch with a Touch Screen
`
`and Method for Displaying on a Touch-Screen Watch”. A true and correct copy of the ’922 Patent
`
`is available at: http://pdfpiw.uspto.gov/.piw?Docid=9651922.
`
`11.
`
`Slyde is the sole and exclusive owner of all right, title, and interest in the’678
`
`Patent, the ’085 Patent, the ’033 Patent, and the ’922 Patent, (collectively, the “Patents-in-Suit”),
`
`and holds the exclusive right to take all actions necessary to enforce its rights to the Patents-in-
`
`Suit, including the filing of this patent infringement lawsuit. Slyde also has the right to recover all
`
`damages for past, present, and future infringement of the Patents-in-Suit and to seek injunctive
`
`relief as appropriate under the law.
`
`12.
`
`Slyde has at all times complied with the marking provisions of 35 U.S.C. § 287
`
`with respect to the Patents-in-Suit. Upon information and belief, prior assignees and licensees
`
`have also complied with the marking provisions of 35 U.S.C. § 287.
`
`FACTUAL ALLEGATIONS
`
`13.
`
`The Patents-in-Suit generally relate to methods and apparatuses related to
`
`wristwatches with a digital display.
`
`14.
`
`The ’678 Patent and ’085 Patent relate to technology involving a wristwatch with a
`
`display that can operate in a plurality of power modes, where the wristwatch switches from a first
`
`power mode to a second power mode upon the detection of a gesture such as a wrist movement.
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`4
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 5 of 20 PageID #: 5
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`The technology described in the ’678 Patent and ’085 Patent was developed by Swiss watch
`
`engineers Alex Bezinge, Adrian Mohni, Daniel Pfeifer, and Musa Dogan. For example, the
`
`technology is implemented by infringing smartwatches with a digital display including, not limited
`
`to, the Samsung Galaxy Watch Active, Samsung Galaxy Watch Active2, Samsung Galaxy Watch,
`
`Samsung Galaxy Watch3, Samsung Galaxy Watch4, Samsung Galaxy Watch4 Classic, Samsung
`
`Galaxy Watch5, and Samsung Galaxy Watch5 Pro.
`
`15.
`
`The ’033 Patent relates to technology involving a wristwatch with an electronic
`
`display that displays a simulation of the internal movement of a mechanical watch. The technology
`
`described in the ’033 Patent was developed by famed watch designers Pascal Pozzo Di Borgo and
`
`Jorg Hysek. For example, the technology is implemented by infringing smartwatches with a digital
`
`display including, not limited to, the Samsung Galaxy Watch Active, Samsung Galaxy Watch
`
`Active2, Samsung Galaxy Watch, Samsung Galaxy Watch3, Samsung Galaxy Watch4, Samsung
`
`Galaxy Watch4 Classic, Samsung Galaxy Watch5, and Samsung Galaxy Watch5 Pro.
`
`16.
`
`The ’922 Patent relates to technology involving a wristwatch with a digital matrix
`
`display, a sheet of touch-sensitive glass, and a processing circuit for interpreting signals from the
`
`touch-sensitive glass in order to make changes to what is displayed on the digital matrix display.
`
`The technology described in the ’922 Patent was developed by famed watch designers Pascal
`
`Pozzo Di Borgo and Jorg Hysek. For example, the technology is implemented by infringing
`
`smartwatches with a digital display including, not limited to, the Samsung Galaxy Watch Active,
`
`Samsung Galaxy Watch Active2, Samsung Galaxy Watch, Samsung Galaxy Watch3, Samsung
`
`Galaxy Watch4, Samsung Galaxy Watch4 Classic, Samsung Galaxy Watch5, and Samsung
`
`Galaxy Watch5 Pro.
`
`17.
`
`Samsung has infringed and is continuing to infringe the Patents-in-Suit by making,
`
`5
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`

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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 6 of 20 PageID #: 6
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`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell,
`
`offer to sell, and/or importing, products including, but not limited, to smart watches with electronic
`
`displays.
`
`
`18.
`
`19.
`
`COUNT I
`(Infringement of the ’678 Patent)
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`Slyde has not licensed or otherwise authorized Defendant to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’678 Patent.
`
`20.
`
`Defendants have and continue to directly infringe the ’678 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’678 Patent. Such products include smartwatches
`
`with a digital display, including, but not limited to, the Samsung Galaxy Watch5, among other
`
`products.
`
`21.
`
`For example, Defendants have and continue to directly infringe at least claim 14 of
`
`the ’678 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include smartwatches with a digital display, such as the Samsung Galaxy Watch5,
`
`among other products.
`
`22.
`
`The Samsung Galaxy Watch5 comprises a wristwatch which can be operated in a
`
`plurality of power modes including a first power mode and a second power mode. The Samsung
`
`Galaxy Watch5 comprises a display:
`
`6
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 7 of 20 PageID #: 7
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`23.
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`The Samsung Galaxy Watch5 comprises a microcontroller (e.g., the watch’s
`
`processor):
`
`1
`
`2
`
`24.
`
`The Samsung Galaxy Watch5 comprises a touch panel underneath a cover glass of
`
`said wristwatch for detecting a gesture on said cover glass. The Samsung Galaxy Watch5
`
`comprises a touch controller for interpreting touch signal provided by the touch panel and for
`
`converting said signals into command signal. The Samsung Galaxy Watch5 comprises an inertial
`
`sensor comprising an accelerometer and a processor, said accelerometer being arranged for
`
` 
`1 See: https://www.samsung.com/us/watches/galaxy-watch5/buy/?cid=sem-mktg-pfs-wea-us-
`google-na-11092022-170267-&ds_e=GOOGLE-cr:0-pl:341638531-
`&ds_c=FF~Core_CN~GW5_PH~on_MK~usnat_BS~me_PR~wearsmart_SB~gw5_FS~lo_CA~
`kew_KS~ba_MT~exact-&ds_ag=AG~Core-
`Tech+Enthusiasts_MK~usnat_AT~ta_MD~h_PK~roah_PB~google_AI~yes_TG~bhv_SA~bcaf-
`&ds_k=samsung+galaxy+watch&gclid=CjwKCAiA3KefBhByEiwAi2LDHCypKmc5_qdLGKH
`Pjx91ddYalhznV1Xa2jEgtzIvNPtGMhb1bTYEDRoChKAQAvD_BwE&gclsrc=aw.ds.
`
` Id.
`
`7
`
` 2
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`generating an acceleration signal and the processor being arranged for discriminating between
`
`gesture and no gesture based on a direction of said acceleration signal as measured by said
`
`accelerometer being a three dimensional accelerometer, and on a slope or frequency of said
`
`acceleration signal, while the microcontroller and the touch controller are in a sleep power mode:
`
`3
`
`25.
`
`The Samsung Galaxy Watch5 comprises a touch controller, wherein touch
`
`controller is commanded so as to be switched to said second power mode upon gesture detection
`
`by said inertial sensor and for detecting a tap gesture on the cover glass with the touch panel. The
`
`Samsung Galaxy Watch5 comprises a microcontroller, wherein the microcontroller is arranged for
`
`controlling a display of indication on the display and commanded so as to be switched to said
`
`second power mode upon a tap gesture detection by said touch controller and for discriminating
`
`between gesture and no gesture based at least on signals from said touch panel.
`
`26.
`
`For example, the Samsung Galaxy Watch5 has power saving modes, one of which
`
`includes a wake-up gesture, wherein the user wearing the Samsung Galaxy Watch5 can turn the
`
`screen from “off” to “on” by raising the wrist upon which the watch is worn:
`
`4
`
` 
`
`3 Id.
` 
`4See: https://www.samsung.com/us/support/troubleshooting/TSG01003202/.
`
`8
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 9 of 20 PageID #: 9
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`5
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`27.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’678
`
`Patent by knowingly and intentionally inducing others, including Samsung customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology, such as smartwatches with a digital display.
`
`28.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’678 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continues to knowingly and intentionally induce, direct infringement of the ’678 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`29.
`
`Defendants have induced infringement by others, including end users, with the
`
`intent to cause infringing acts by others or, in the alternative, with the belief that there was a high
`
` 
`5 See: https://developer.samsung.com/one-ui-watch-tizen/interaction/gesture.html.
`
`9
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 10 of 20 PageID #: 10
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`probability that others, including end users, infringe the ’678 Patent, but while remaining willfully
`
`blind to the infringement.
`
`30.
`
`Slyde has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’678 Patent in an amount to be proven at trial.
`
`31.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’678 Patent, for which there is no adequate remedy at law, unless
`
`Defendants’ infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’085 Patent)
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`Slyde has not licensed or otherwise authorized Defendant to make, use, offer for
`
`
`32.
`
`33.
`
`sale, sell, or import any products that embody the inventions of the ’085 Patent.
`
`34.
`
`Defendants have and continue to directly infringe the ’085 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’085 Patent. Such products include smartwatches
`
`with a digital display, including, but not limited to, the Samsung Galaxy Watch5, among other
`
`products.
`
`35.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’085 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include smartwatches with a digital display, such as the Samsung Galaxy Watch5,
`
`among other products.
`
`36.
`
`The Samsung Galaxy Watch5 performs a method for switching a wristwatch from
`
`a first power moder to a second power mode. Samsung Galaxy Watch5 performs the step of using
`
`10
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`an accelerometer for detecting a wristturn:
`
`6
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`37.
`
`The Samsung Galaxy Watch5 performs the step of switching said wristwatch from
`
`said first power mode to said second power mode when a wristturn has been detected. The
`
`Samsung Galaxy Watch5 performs the step of detecting that an orientation of the wristwatch is in
`
`a starting position, wherein said step of detecting that the orientation is in the starting position
`
`comprises detecting that the orientation of the wristwatch is held within a first range for a defined
`
`time. The Samsung Galaxy Watch5 performs the step of detecting that an orientation of the
`
`wristwatch is then in a final position, wherein said step of detecting that the orientation is in the
`
`final position comprises detecting that the orientation is in a second range different from said first
`
`range. The Samsung Galaxy Watch5 performs the step of detecting that the wristwatch remains
`
`substantially immobile during a predetermined duration and that a duration between the starting
`
`position and the final position is in a predefined range in response to a detection that the orientation
`
`of the wristwatch is in the second range.
`
`38.
`
`For example, the Samsung Galaxy Watch5 has power saving modes, one of which
`
`includes a wake-up gesture, wherein the user wearing the Samsung Galaxy Watch5 can turn the
`
` 
`6 See: https://www.samsung.com/us/watches/galaxy-watch5/buy/?cid=sem-mktg-pfs-wea-us-
`google-na-11092022-170267-&ds_e=GOOGLE-cr:0-pl:341638531-
`&ds_c=FF~Core_CN~GW5_PH~on_MK~usnat_BS~me_PR~wearsmart_SB~gw5_FS~lo_CA~
`kew_KS~ba_MT~exact-&ds_ag=AG~Core-
`Tech+Enthusiasts_MK~usnat_AT~ta_MD~h_PK~roah_PB~google_AI~yes_TG~bhv_SA~bcaf-
`&ds_k=samsung+galaxy+watch&gclid=CjwKCAiA3KefBhByEiwAi2LDHCypKmc5_qdLGKH
`Pjx91ddYalhznV1Xa2jEgtzIvNPtGMhb1bTYEDRoChKAQAvD_BwE&gclsrc=aw.ds.
` 
`
`11
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`screen from “off” to “on” by raising the wrist upon which the watch is worn:
`
`7
`
`39.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’085
`
`Patent by knowingly and intentionally inducing others, including Samsung customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology, such as smartwatches with a digital display.
`
`40.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’085 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continues to knowingly and intentionally induce, direct infringement of the ’085 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`41.
`
`Defendants have induced infringement by others, including end users, with the
`
`intent to cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’085 Patent, but while remaining willfully
`
`blind to the infringement.
`
`42.
`
`Slyde has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’085 Patent in an amount to be proven at trial.
`
`43.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’085 Patent, for which there is no adequate remedy at law, unless
`
`Defendants’ infringement is enjoined by this Court.
`
` 
`7See: https://www.samsung.com/us/support/troubleshooting/TSG01003202/.
`
`COUNT III
`
`12
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`

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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 13 of 20 PageID #: 13
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`
`
`44.
`
`45.
`
`(Infringement of the ’033 Patent)
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`Slyde has not licensed or otherwise authorized Defendants to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’033 Patent.
`
`46.
`
`Defendants have and continue to directly infringe the ’033 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’033 Patent. Such products include smartwatches
`
`with a digital display, including, but not limited to, the Samsung Galaxy Watch5, among other
`
`products.
`
`47.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’033 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include smartwatches with a digital display, including, but not limited to, the
`
`Samsung Galaxy Watch5, among other products.
`
`48.
`
`The Samsung GalaxyWatch5 is a wristwatch. The Samsung GalaxyWatch5
`
`comprises a watchcase. The Samsung GalaxyWatch5 comprises an electronic display in said
`
`watchcase. The Samsung GalaxyWatch5 comprises a quartz oscillator. The Samsung Galaxy
`
`Watch5 comprises a microcontroller being arranged for reproducing on said electronic display the
`
`simulation of a mechanical watch movement comprising a gear train, said simulation being visible
`
`so as to indicate the time, said microcontroller being further arranged for synchronizing the
`
`displayed time by said displayed mechanical movement with that of said quartz oscillator.
`
`49.
`
`For example, Defendants permit the sale of digital watch faces for the Samsung
`
`Galaxy Watch5 on the Galaxy Store. Such digital watch faces simulate the mechanical watch
`
`13
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 14 of 20 PageID #: 14
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`movement comprising a gear train and are visible so as to indicate time as depicted below:
`
`8
`
`50.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’033
`
`Patent by knowingly and intentionally inducing others, including Samsung customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology, such as smartwatches with a digital display.
`
`51.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
` 
`8 See: https://galaxystore.samsung.com/geardetail/com.watchface.Mehanika-gold?langCd=en.
`
`14
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 15 of 20 PageID #: 15
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`
`’088 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continues to knowingly and intentionally induce, direct infringement of the ’033 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`52.
`
`Defendants have induced infringement by others, including end users, with the
`
`intent to cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’033 Patent, but while remaining willfully
`
`blind to the infringement.
`
`53.
`
`Slyde has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’033 Patent in an amount to be proven at trial.
`
`54.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’033 Patent, for which there is no adequate remedy at law, unless
`
`Defendants’ infringement is enjoined by this Court.
`
`COUNT IV
`(Infringement of the ’922 Patent)
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`Slyde has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`55.
`
`56.
`
`sale, sell, or import any products that embody the inventions of the ’922 Patent.
`
`57.
`
`Defendants have and continue to directly infringe the ’922 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’922 Patent. Such products include smartwatches
`
`with a digital display, including, but not limited to, the Samsung Galaxy Watch5, among other
`
`products.
`
`58.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`15
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`

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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 16 of 20 PageID #: 16
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` 
`
`the ’922 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include smartwatches with a digital display, including, but not limited to, the
`
`Samsung Galaxy Watch5, among other products.
`
`59.
`
`The Samsung Galaxy Watch5 is a wristwatch comprising a digital matrix display.
`
`The Samsung Galaxy Watch5 comprises a sheet of touch-sensitive glass. The Samsung Galaxy
`
`Watch5 comprises a processing circuit laid out so as to interpret the signals from the touch-
`
`sensitive glass, for selecting a card from several available cards depending on these signals and for
`
`displaying said card on the entire digital matrix display. The Samsung Galaxy Watch5 comprises
`
`touch-sensitive glass, wherein said touch-sensitive glass is a two-dimensional glass for detecting
`
`a movement of at least one finger at any place on the touch-sensitive glass along at least two
`
`different directions. The Samsung Galaxy Watch5 comprises a processing circuit, wherein said
`
`processing circuit is specifically laid out so as to cause said several available cards to scroll past
`
`in order to lastingly replace the initially displayed card with a replacement card selected between
`
`said several available cards, wherein each card of said several available cards has a distinct fixed
`
`or periodically refreshed image. The size of the image corresponds to the size of said digital matrix
`
`display so that the displayed card occupies the whole of said digital matrix display. One card of
`
`said several available cards and occupying the entire digital matrix display is immediately and
`
`without further user intervention replaced after the scrolling by a different card of said several
`
`available cards that occupies the entire digital matrix display. The Samsung Galaxy Watch5
`
`comprises a processing circuit, wherein said processing circuit is further laid out so that the
`
`replacement card is dependent from the initially displayed card and from the direction of said
`
`movement and is independent from the starting point and end point of said movement on said
`
`digital matrix display. 
`
`16
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`

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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 17 of 20 PageID #: 17
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` 
`
`60.
`
`For example, a user can change the face of the Samsung Galaxy Watch5 by
`
`touching and holding the watches screen until it enters “Edit mode”. The user can then swipe left
`
`or right with their finger to select a new watch face, thus changing the watch’s display. 
`
`9 
`
` 
`9 See: https://www.samsung.com/sg/support/mobile-devices/how-to-change-watch-face-for-
`samsung-galaxy-watch/.
`
`17
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`

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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 18 of 20 PageID #: 18
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` 
`
`10 
`
`61.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’922
`
`Patent by knowingly and intentionally inducing others, including Samsung customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology, such smartwatches with a digital display.
`
`62.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’922 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continues to knowingly and intentionally induce, direct infringement of the ’922 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`63.
`
`Defendants have induced infringement by others, including end users, with the
`
`intent to cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’922 Patent, but while remaining willfully
`
`blind to the infringement.
`
`64.
`
`Slyde has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’922 Patent in an amount to be proven at trial.
`
` 
`10 See: https://www.samsung.com/us/support/answer/ANS00034473/. Upon information and
`belief, the Samsung Galaxy Watch5 has the same functionality.
`
`18
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 19 of 20 PageID #: 19
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` 
`
`65.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’922 Patent, for which there is no adequate remedy at law, unless
`
`Defendants’ infringement is enjoined by this Court.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Slyde prays for relief against Defendants as follows:
`
`a.
`
`Entry of judgment declaring that Defendants have directly and/or indirectly
`
`infringed one or more claims of each of the Patents-in-Suit;
`
`b.
`
`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
`
`officers, agents, servants, employees, attorneys, and those persons in active concert or
`
`participation with them, from further acts of infringement of one or more of the Patents-in-Suit;
`
`c.
`
`An order awarding damages sufficient to compensate Slyde for Defendants’
`
`infringement of the Patents-in-Suit, but in no event less than a reasonable royalty, together with
`
`interest and costs;
`
`d.
`
`Entry of judgment declaring that this case is exceptional and awarding Slyde its
`
`costs and reasonable attorney fees under 35 U.S.C. § 285; and
`
`e.
`
`Such other and further relief as the Court deems just and proper.
`
`Dated: February 28, 2023
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /s/ Vincent J. Rubino, III
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`
`19
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`Case 2:23-cv-00083 Document 1 Filed 02/28/23 Page 20 of 20 PageID #: 20
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` 
`
` 
`
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`John Andrew Rubino
`NY Bar No. 5020797
`Email: jarubino@rubinoip.com
`RUBINO IP
`51 J.F.K. Parkway
`Short Hills, NJ 07078
`Telephone: (973) 535-0920
`Facsimile: (973) 535-0921
`
`Samuel F. Baxter
`State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF,
`SLYDE ANALYTICS LLC
`
`
`
` 
`
`20
`
`