Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 1 of 26 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SLYDE ANALYTICS LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ZEPP HEALTH CORPORATION,
`
`
`
`
`
`
` Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Slyde Analytics LLC (“Slyde” or “Plaintiff”) for its Complaint against Defendant
`
`Zepp Health Corporation (“Zepp” or “Defendant’) 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 Zepp is a corporation organized and existing under the laws of China,
`
`with its principal place of business at Huami Global Innovation Center, Building B2, Zhing’an
`
`Chuanggu Technology Park, No. 900 Wangjiang West Road, Hefei, 230088, People’s Republic of
`
`China. Zepp is a leading manufacturer and seller of smartwatches in the world and in the United
`
`States. Upon information and belief, Zepp does business in Texas, directly or through
`
`intermediaries, and offers its products and/or services, including those accused herein of
`
`infringement, to customers and potential customers located in Texas, including in the Judicial
`
`District of the Eastern District of Texas.
`
`JURISDICTION
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 2 of 26 PageID #: 2
`
`3.
`
`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).
`
`4.
`
`This Court has specific and personal jurisdiction over Defendant consistent with
`
`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
`
`Arm Statute. Upon information and belief, Defendant has sufficient minimum contacts with the
`
`forum because Defendant transacts substantial business in the State of Texas and in this Judicial
`
`District. Further, Defendant has, directly or through subsidiaries or intermediaries, committed and
`
`continues to commit acts of patent infringement in the State of Texas and in this Judicial District
`
`as alleged in this Complaint, alleged more particularly below.
`
`5.
`
`Venue is proper in this Judicial District as to Defendant pursuant to 28 U.S.C. §
`
`1391 because, among other things, Defendant 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). Defendant, through its own
`
`acts and/or through the acts of its subsidiaries or agents, 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.
`
`PATENTS-IN-SUIT
`
`6.
`
`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.
`
`7.
`
`On May 16, 2017, the United States Patent and Trademark Office duly and legally
`
`2
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 3 of 26 PageID #: 3
`
`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.
`
`8.
`
`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.
`
`9.
`
`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.
`
`10.
`
`On April 26, 2016, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,320,457 (the “’457 Patent”) entitled “Integrated Portable Deice and
`
`Method Implementing an Accelerometer for Analyzing Biomechanical Parameters of a Stride”. A
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`the
`
`’457
`
`Patent
`
`is
`
`available
`
`at:
`
`http://pdfpiw.uspto.gov/.piw?Docid=9320457.
`
`11.
`
`On January 23, 2018, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,873,018 (the “’018 Patent”) entitled “Integrated Portable Deice
`
`and Method Implementing an Accelerometer for Analyzing Biomechanical Parameters of a
`
`Stride”.
`
` A
`
`true
`
`and
`
`correct
`
`copy of
`
`the
`
`’018 Patent
`
`is
`
`available
`
`at:
`
`http://pdfpiw.uspto.gov/.piw?Docid=9873018.
`
`12.
`
`On January 3, 2017, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,536,134 (the “’134 Patent”) entitled “Athlete Performance Monitoring
`
`3
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 4 of 26 PageID #: 4
`
`Device”.
`
` A
`
`true
`
`and
`
`correct
`
`copy of
`
`the
`
`’134 Patent
`
`is
`
`available
`
`at:
`
`http://pdfpiw.uspto.gov/.piw?Docid=9536134.
`
`13.
`
`Slyde is the sole and exclusive owner of all right, title, and interest in the ’033
`
`Patent, the ’922 Patent, the ’678 Patent, the ’085 Patent, the ’457 Patent, the ’018 Patent, and the
`
`’134 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.
`
`14.
`
`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
`
`15.
`
`The Patents-in-Suit generally relate to methods and apparatuses related to
`
`wristwatches with a digital display.
`
`16.
`
`The ’033 Patent generally relates to technology involving a wristwatch with an
`
`electronic display that displays a simulation of the 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 an electronic display allowing for the display of a simulated mechanical watch movement
`
`including, but not limited to, the Amazfit Falcon, Amazfit T-Rex Ultra, Amazfit GTR Pro Limited
`
`Edition, Amazfit Bip 3, Amazfit Band 7, Amazfit Bip 3 Pro, Amazfit GTS 4 Mini, Amazfit GTR
`
`4, Amazfit GTS 4, Amazfit T-Rex 2, Amazfit GTR 3 Pro, Amazfit GTR 3, Amazfit GTS 3,
`
`Amazfit Verge Lite, Amazfit Bip S Lite, Zepp E Square, Zepp E Circle, Zepp Z, Amazfit T-Rex
`
`4
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 5 of 26 PageID #: 5
`
`Pro, Amazfit GR 2e, Amazfit GTS 2e, Amazfit Bip U Pro, Amazfit GTS 2 mini, Amazfit Bip U,
`
`Amazfit GTS 2, Amazfit GTR 2, Amazfit Band 5, Amazfit GTR 42mm, Amazfit GTR 47mm,
`
`Amazfit GTS, Amazfit T-Rex, and Amazfit Bip S, alone or in combination with certain fitness
`
`applications, among other products.
`
`17.
`
`The ’922 Patent generally 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, but not limited to, the Amazfit Falcon,
`
`Amazfit T-Rex Ultra, Amazfit GTR Pro Limited Edition, Amazfit Bip 3, Amazfit Band 7, Amazfit
`
`Bip 3 Pro, Amazfit GTS 4 Mini, Amazfit GTR 4, Amazfit GTS 4, Amazfit T-Rex 2, Amazfit GTR
`
`3 Pro, Amazfit GTR 3, Amazfit GTS 3, Amazfit Verge Lite, Amazfit Bip S Lite, Zepp E Square,
`
`Zepp E Circle, Zepp Z, Amazfit T-Rex Pro, Amazfit GR 2e, Amazfit GTS 2e, Amazfit Bip U Pro,
`
`Amazfit GTS 2 mini, Amazfit Bip U, Amazfit GTS 2, Amazfit GTR 2, Amazfit Band 5, Amazfit
`
`GTR 42mm, Amazfit GTR 47mm, Amazfit GTS, Amazfit T-Rex, and Amazfit Bip S, alone or in
`
`combination with certain fitness applications, among other products.
`
`18.
`
`The ’678 Patent and ’085 Patent generally relate to technology involving a
`
`wristwatch with a display which can operate in a plurality of power modes, wherein the wristwatch
`
`switches from a first power mode to a second power mode upon the detection of a gesture or
`
`wristturn through the use of a sensor. The technology described in the ’678 Patent and ’085 Patent
`
`was developed by Alex Bezinge, Adrian Mohni, Daniel Pfeifer, and Musa Dogan. For example,
`
`the technology is implemented by infringing smartwatches with a digital display and associated
`
`5
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 6 of 26 PageID #: 6
`
`software, including, not limited to, the Amazfit Falcon, Amazfit T-Rex Ultra, Amazfit GTR Pro
`
`Limited Edition, Amazfit Bip 3, Amazfit Band 7, Amazfit Bip 3 Pro, Amazfit GTS 4 Mini, Amazfit
`
`GTR 4, Amazfit GTS 4, Amazfit T-Rex 2, Amazfit GTR 3 Pro, Amazfit GTR 3, Amazfit GTS 3,
`
`Amazfit Verge Lite, Amazfit Bip S Lite, Zepp E Square, Zepp E Circle, Zepp Z, Amazfit T-Rex
`
`Pro, Amazfit GR 2e, Amazfit GTS 2e, Amazfit Bip U Pro, Amazfit GTS 2 mini, Amazfit Bip U,
`
`Amazfit GTS 2, Amazfit GTR 2, Amazfit Band 5, Amazfit GTR 42mm, Amazfit GTR 47mm,
`
`Amazfit GTS, Amazfit T-Rex, and Amazfit Bip S, alone or in combination with certain fitness
`
`applications, among other products.
`
`19.
`
`The ’457 Patent and ’018 Patent generally relate to technology involving a a device
`
`for analyzing the biomechanical parameters of the stride of a runner. The technology described in
`
`the ’457 Patent and ’018 Patent was developed by Patrick Flaction, Jacques Quievre, and Jean-
`
`Benoit Morin. For example, the technology is implemented by infringing devices with a power
`
`source, accelerometer, chronograph, and digital processor for measuring parameters associated
`
`with a runner’s stride, including, but not limited to, the Amazfit Falcon, Amazfit T-Rex Ultra,
`
`Amazfit GTR Pro Limited Edition, Amazfit Bip 3, Amazfit Band 7, Amazfit Bip 3 Pro, Amazfit
`
`GTS 4 Mini, Amazfit GTR 4, Amazfit GTS 4, Amazfit T-Rex 2, Amazfit GTR 3 Pro, Amazfit
`
`GTR 3, Amazfit GTS 3, Amazfit Verge Lite, Amazfit Bip S Lite, Zepp E Square, Zepp E Circle,
`
`Zepp Z, Amazfit T-Rex Pro, Amazfit GR 2e, Amazfit GTS 2e, Amazfit Bip U Pro, Amazfit GTS
`
`2 mini, Amazfit Bip U, Amazfit GTS 2, Amazfit GTR 2, Amazfit Band 5, Amazfit GTR 42mm,
`
`Amazfit GTR 47mm, Amazfit GTS, Amazfit T-Rex, and Amazfit Bip S, alone or in combination
`
`with certain fitness applications, among other products.
`
`20.
`
`The ’134 Patent generally relates to technology involving an athletic performance
`
`monitoring device with an accelerometer wirelessly connected to a user-worn device with a
`
`6
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 7 of 26 PageID #: 7
`
`processing system to provide athletic performance information. The technology described in the
`
`’134 Patent was developed by Patrick Flaction. For example, the technology is implemented by
`
`infringing smartwatches with a digital display including, but not limited to, the Amazfit Falcon,
`
`Amazfit T-Rex Ultra, Amazfit GTR Pro Limited Edition, Amazfit Bip 3, Amazfit Band 7, Amazfit
`
`Bip 3 Pro, Amazfit GTS 4 Mini, Amazfit GTR 4, Amazfit GTS 4, Amazfit T-Rex 2, Amazfit GTR
`
`3 Pro, Amazfit GTR 3, Amazfit GTS 3, Amazfit Verge Lite, Amazfit Bip S Lite, Zepp E Square,
`
`Zepp E Circle, Zepp Z, Amazfit T-Rex Pro, Amazfit GR 2e, Amazfit GTS 2e, Amazfit Bip U Pro,
`
`Amazfit GTS 2 mini, Amazfit Bip U, Amazfit GTS 2, Amazfit GTR 2, Amazfit Band 5, Amazfit
`
`GTR 42mm, Amazfit GTR 47mm, Amazfit GTS, Amazfit T-Rex, and Amazfit Bip S, alone or in
`
`combination with certain fitness applications, among other products.
`
`21.
`
`Zepp has infringed and is continuing to infringe the Patents-in-Suit by making,
`
`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 and associated software.
`
`COUNT I
`(Infringement of the ’678 Patent)
`
`
`22.
`
`23.
`
`Paragraphs 1 through 21 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.
`
`24.
`
`Defendant has and continues 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 gesture detection for switching power modes, including, but not limited to, the Amazfit
`
`7
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 8 of 26 PageID #: 8
`
`Falcon, among other products.
`
`25.
`
`For example, Defendant has and continues 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 gesture detection for switching power modes, such as the
`
`Amazfit Falcon, among other products.
`
`26.
`
`For example, the Amazfit Falcon comprises a wristwatch which can be operated in
`
`a plurality of power modes including a first power mode and a second power mode. The Amazfit
`
`Falcon comprises a display.1 The Amazfit Falcon comprises a microcontroller (e.g., the watch’s
`
`processor). The Amazfit Falcon comprises a touch panel underneath a cover glass of the
`
`wristwatch for detecting a gesture on the cover glass. The Amazfit Falcon comprises a touch
`
`controller for interpreting touch signal provided by the touch panel and for converting the signals
`
`into command signals. The Amazfit Falcon comprises an inertial sensor comprising an
`
`accelerometer and a processor, said accelerometer being arranged for generating an acceleration
`
`signal and the processor being arranged for discriminating between gesture and no gesture based
`
`on a direction of the acceleration signal as measured by the accelerometer being a three
`
`dimensional accelerometer, and on a slope or frequency of the acceleration signal, while the
`
`microcontroller and the touch controller are in a sleep power mode.2 The Amazfit Falcon
`
`comprises a touch controller, wherein touch controller is commanded so as to be switched to the
`
`second power mode upon gesture detection by the inertial sensor and for detecting a tap gesture
`
`on the cover glass with the touch panel. The Amazfit Falcon comprises a microcontroller, wherein
`
`
`1 See: https://us.amazfit.com/products/amazfit-falcon. The Amazfit Falcon has a 1.28” AMOLED
`display.
`2 Id. The Amazfit Falcon includes, among other movement sensors, an accelerometer.
`
`
`8
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 9 of 26 PageID #: 9
`
`the microcontroller is arranged for controlling a display of indication on the display and
`
`commanded to be switched to the second power mode upon a tap gesture detection by the touch
`
`controller and for discriminating between gesture and no gesture based at least on signals from the
`
`touch panel.
`
`27.
`
`For example, the Amazfit Falcon has power saving modes, wherein the user
`
`wearing the Amazfit Falcon can turn the screen from “off” to “on” by raising the wrist upon which
`
`the watch is worn.3
`
`28.
`
`Defendant has and continues to indirectly infringe one or more claims of the ’678
`
`Patent by knowingly and intentionally inducing others, including Zepp 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 gesture detection for switching power modes.
`
`29.
`
`Defendant, 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.
`
`30.
`
`Defendant has 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 ’678 Patent, but while remaining willfully
`
`blind to the infringement.
`
`31.
`
`Slyde has suffered damages as a result of Defendant’s direct and indirect
`
`
`3 Upon information and belief, all Amazfit watches have a “raise-to-wake” type functionality,
`including the Amazfit Falcon.
`
`9
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 10 of 26 PageID #: 10
`
`infringement of the ’678 Patent in an amount to be proven at trial.
`
`32.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendant’s infringement of the ’678 Patent, for which there is no adequate remedy at law, unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’085 Patent)
`
`
`33.
`
`34.
`
`Paragraphs 1 through 21 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 ’085 Patent.
`
`35.
`
`Defendant has and continues 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
`
`which detect orientation and switch power modes, including, but not limited to, the Amazfit
`
`Falcon, among other products.
`
`36.
`
`For example, Defendant has and continues 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 which detect orientation and switch power modes, such as the
`
`Amazfit Falcon, among other products.
`
`37.
`
`For example, the Amazfit Falcon performs a method for switching a wristwatch
`
`from a first power moder to a second power mode. The Amazfit Falcon performs the step of using
`
`an accelerometer for detecting a wristturn.4 The Amazfit Falcon performs the step of switching
`
`
`4 See: https://us.amazfit.com/products/amazfit-falcon. The Amazfit Falcon includes, among other
`movement sensors, an accelerometer.
`
`10
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 11 of 26 PageID #: 11
`
`the wristwatch from the first power mode to the second power mode when a wristturn has been
`
`detected. The Amazfit Falcon performs the step of detecting a wristturn which comprises detecting
`
`that an orientation of the wristwatch is in a starting position, wherein the step of detecting that the
`
`orientation is in a starting position comprises detecting that the orientation of the wristwatch is
`
`held within a first range for a defined time. The Amazfit Falcon performs the step of detecting
`
`that an orientation of the wristwatch is then in a final position, wherein the step of detecting that
`
`the orientation is in the final position comprises detecting that the orientation is in a second range
`
`different from the first range. In response to a detection that the orientation of the wristwatch is in
`
`the second range, the Amazfit Falcon 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.
`
`38.
`
`For example, the Amazfit Falcon has power saving modes, wherein the user
`
`wearing the Amazfit Falcon can turn the screen from “off” to “on” by changing its orientation.
`
`39.
`
`Defendant has and continues to indirectly infringe one or more claims of the ’085
`
`Patent by knowingly and intentionally inducing others, including Zepp 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 which detect orientation and switch power modes.
`
`40.
`
`Defendant, 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.
`
`Defendant has induced infringement by others, including end users, with the intent
`
`11
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 12 of 26 PageID #: 12
`
`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 Defendant’s 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
`
`Defendant’s infringement of the ’085 Patent, for which there is no adequate remedy at law, unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT III
`(Infringement of the ’033 Patent)
`
`
`44.
`
`45.
`
`Paragraphs 1 through 21 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 ’033 Patent.
`
`46.
`
`Defendant has and continues 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 an electronic display allowing for the display of simulated mechanical watch movement,
`
`including, but not limited to, the Amazfit Falcon, among other products.
`
`47.
`
`For example, Defendant has and continues 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 an electronic display allowing for the display of simulated
`
`mechanical watch movement, including, but not limited to, the Amazfit Falcon, among other
`
`products.
`
`12
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 13 of 26 PageID #: 13
`
`48.
`
`For example. the Amazfit Falcon is a wristwatch comprising a watchcase, an
`
`electronic display in said watchcase,5 and a quartz oscillator. The Amazfit Falcon comprises a
`
`microcontroller being arranged for reproducing on the electronic display the simulation of a
`
`mechanical watch movement comprising a gear train, the simulation being visible so as to indicate
`
`the time, the microcontroller being further arranged for synchronizing the displayed time by the
`
`displayed mechanical movement with that of the quartz oscillator.
`
`49.
`
`For example, Defendant promotes the sale of digital watch faces for the Amazfit
`
`Falcon on its website and through the AmazFaces mobile app. Through the use of a
`
`microcontroller on the Amazfit Falcon, the Amazfit Falcon reproduces on the electronic display a
`
`simulation of the mechanical movement, including a gear train. The Amazfit Falcon comprises a
`
`microcontroller arranged to synchronize the displayed time by the displayed mechanical
`
`movement with that of the quartz oscillator.6
`
`50.
`
`Defendant has and continues to indirectly infringe one or more claims of the ’033
`
`Patent by knowingly and intentionally inducing others, including Zepp 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 an electronic display allowing for the display of simulated mechanical
`
`watch movement.
`
`51.
`
`Defendant, with knowledge that these products, or the use thereof, infringe the ’033
`
`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
`
`
`5 See: https://us.amazfit.com/products/amazfit-falcon. The Amazfit Falcon has a 1.28” AMOLED
`display.
`
` See: https://amazfitwatchfaces.com/falcon/view/32.
`
` 6
`
`13
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 14 of 26 PageID #: 14
`
`products to end users for use in an infringing manner.
`
`52.
`
`Defendant has 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 Defendant’s 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
`
`Defendant’s infringement of the ’033 Patent, for which there is no adequate remedy at law, unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT IV
`(Infringement of the ’922 Patent)
`
`
`55.
`
`56.
`
`Paragraphs 1 through 21 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 ’922 Patent.
`
`57.
`
`Defendant has and continues 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 and touch-sensitive glass which allows for the selection of cards, including,
`
`but not limited to, the Amazfit Falcon, among other products.
`
`58.
`
`For example, Defendant has and continues to directly infringe at least claim 1 of
`
`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 and touch-sensitive glass which allows
`
`14
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 15 of 26 PageID #: 15
`
`for the selection of cards, including, but not limited to, the Amazfit Falcon, among other products.
`
`59.
`
`For example, the Amazfit Falcon is a wristwatch comprising a digital matrix
`
`display.7 The Amazfit Falcon comprises a sheet of touch-sensitive glass. The Amazfit Falcon
`
`comprises a processing circuit specifically 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 Amazfit Falcon 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 Amazfit Falcon comprises a processing circuit, wherein said processing circuit is
`
`specifically laid out so as to cause several available cards to scroll past in order to lastingly replace
`
`the initially displayed card with a replacement card selected between several available cards,
`
`wherein each card of the 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 the several available cards
`
`occupying the entire digital matrix display is immediately and without further user intervention
`
`replaced after the scrolling by a different card of the several available cards that occupies the entire
`
`digital matrix display. The Amazfit Falcon comprises a processing circuit, wherein the processing
`
`circuit is further laid out so that the replacement card is dependent from the initially displayed card
`
`and from the direction of the movement and is independent from the starting point and end point
`
`of the movement on the digital matrix display.
`
`60.
`
`For example, a user can change the face of the Amazfit Falcon by touching and
`
`
`7 See: https://us.amazfit.com/products/amazfit-falcon. The Amazfit Falcon has a 1.28” AMOLED
`display.
`
`15
`
`

`

`Case 2:23-cv-00172-RWS-RSP Document 1 Filed 04/14/23 Page 16 of 26 PageID #: 16
`
`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.
`
`61.
`
`Defendant has and continues to indirectly infringe one or more claims of the ’922
`
`Patent by knowingly and intentionally inducing others, including Zepp 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 and touch-sensitive glass which allows for the selection
`
`of cards.
`
`62.
`
`Defendant, 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.
`
`Defendant has 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 Defendant’s direct and indirect
`
`infringement of the ’922 Patent in an amount to be proven at trial.
`
`65.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendant’s infringement of the ’922 Patent, for which there is no adequate remedy at law, unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT