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Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 1 of 10
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`Plaintiff,
`
`Case No.
`
`NEODRON LTD.,
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`JURY TRIAL DEMANDED
`
`DELL TECHNOLOGIES, INC.,
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`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST DELL TECHNOLOGIES, INC.
`
`This is an action for patent infringement arising under the Patent Laws of the United States
`
`of America, 35 U.S.C. § 1 et seq., in which Plaintiff Neodron Ltd. (“Plaintiff” or “Neodron”)
`
`makes the following allegations against Defendant Dell Technologies, Inc. (“Defendant”):
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`INTRODUCTION
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`1.
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`This complaint arises from Defendant’s unlawful infringement of the following
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`United States patents owned by Neodron, each of which generally relate to touchscreen
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`technology: United States Patent Nos. 8,102,286 (“’286 Patent”); 8,451,237 (“’237 Patent”); and
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`8,502,547 (“’547 Patent”) (collectively, the “Asserted Patents”).
`
`2.
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`Touchscreen technology plays a ubiquitous and important role in countless
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`electronic devices today. Beyond just providing greater usability to smartphones, tablets, and
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`notebooks, touchscreens now fill our lives in public and private spaces, from our homes and cars
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`to the restaurants and stores we visit.
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`3.
`
`But just a few decades ago, touchscreen technology could only be found in science
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`fiction books and film. Although the underlying science behind touch technology can be traced
`
`
`
`1
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`6:19-cv-00396
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`

`

`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 2 of 10
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`
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`back to the 1940s, working touchscreens were not conceived and feasible until the mid-1960s,
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`when the first finger-driven touchscreen was invented by E.A. Johnson in 1965 at the Royal Radar
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`Establishment in Malvern, United Kingdom. Since then, it took several generations and major
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`technological advancements for touchscreens to achieve the level of complexity—and
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`convenience—we see and enjoy today.
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`4.
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`Built on the fundamental breakthrough that our hands and fingers can form changes
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`in the capacitance of electrodes and electrode-connections when they are in close proximity to
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`them, touch technology has developed rapidly over the years. Along the way, engineers have
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`worked tirelessly to try to overcome the limitations and roadblocks touch technology presents.
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`From conceiving various ways to detect (and correctly ignore) unintentional touches, to
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`minimizing signal “noise,” to reducing the latency and power consumption that comes with any
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`complex, multi-part electrical process, there have been many advances to various aspects of the
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`technology—each building a little on a related advancement before it—to get us to the highly
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`advanced state we enjoy today.
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`5.
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`These advancements range from fundamental ones, which make basic touch
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`technology work, to optional improvements, which typically represent one technological option
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`that improves aspects of the user experience and functionality of a touchscreen. This infringement
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`action is about the latter: several patented improvements—which took years of research and
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`millions of dollars in U.S. investments to develop, and which are infringed by Defendant’s
`
`Accused Products.
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`
`2
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`

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`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 3 of 10
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`PARTIES
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`6.
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`Plaintiff Neodron Ltd. is an Irish company, having its principal place of business at
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`Unit 4-5, Burton Hall Road, Sandyford, Dublin 18, D18a094. Neodron is the sole owner by
`
`assignment of all right, title, and interest in each Asserted Patent.
`
`7.
`
`On information and belief, Defendant Dell Technologies, Inc. is a corporation
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`organized under the laws of the State of Delaware, with its principal place of business at One Dell
`
`Way, Round Rock, Texas 78682.
`
`JURISDICTION AND VENUE
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`8.
`
`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`9.
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`This Court has personal jurisdiction over Defendant in this action because
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`Defendant has committed acts within this District giving rise to this action, and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Defendant would not
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`offend traditional notions of fair play and substantial justice. Defendant, directly and through
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`subsidiaries or intermediaries, has committed and continues to commit acts of infringement in this
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`District by, among other things, making, using, offering to sell, selling, and importing products
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`that infringe the Asserted Patents.
`
`10.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b). Defendant is registered
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`to do business in Texas, and upon information and belief, Defendant has transacted business in
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`this District and has committed acts of direct and indirect infringement in this District by, among
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`other things, making, using, offering to sell, selling, and importing products that infringe the
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`
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`
`
`3
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`

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`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 4 of 10
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`Asserted Patents. Defendant has a regular and established place of business in the District,
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`including its headquarters at One Dell Way, Round Rock, Texas 78682.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,102,286
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`11.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
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`12.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`8,102,286, entitled “Capacitive Keyboard with Non-Locking Reduced Keying Ambiguity.”
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`The ’286 Patent was duly and legally issued by the United States Patent and Trademark Office on
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`January 24, 2012. A true and correct copy of the ’286 Patent is attached as Exhibit 1.
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`13.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
`
`infringe, literally and/or under the doctrine of equivalents, claims 1-24 of the ’286 Patent.
`
`14.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-24 of
`
`the ’286 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
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`Defendant has had knowledge of the ’286 Patent and the infringing nature of the Accused Products.
`
`Despite this knowledge of the ’286 Patent, Defendant continues to actively encourage and instruct
`
`its customers and end users (for example, through its user manuals and online instruction materials
`
`on its website) to use the Accused Products in ways that directly infringe the ’286 Patent.
`
`Defendant does so knowing and intending that its customers and end users will commit these
`
`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’286 Patent, thereby specifically intending for and
`
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`4
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`

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`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 5 of 10
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`inducing its customers to infringe the ’286 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`15.
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`The Accused Products satisfy all claim limitations of claims 1-24 of the ’286 Patent.
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`A claim chart comparing independent claim 1 of the ’286 Patent to a representative Accused
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`Product, the Dell Latitude 7389, is attached as Exhibit 2.
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`16.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’286
`
`Patent pursuant to 35 U.S.C. § 271.
`
`17.
`
`As a result of Defendant’s infringement of the ’286 Patent, Neodron is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs as fixed by the Court.
`
`18.
`
`Defendant’s infringing activities have injured and will continue to injure Neodron,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ’286 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 8,451,237
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`19.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`20.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`8,451,237, entitled “Sensitivity Control as a Function of Touch Shape.” The ’237 Patent was duly
`
`
`
`
`
`5
`
`

`

`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 6 of 10
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`
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`and legally issued by the United States Patent and Trademark Office on May 28, 2013. A true and
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`correct copy of the ’237 Patent is attached as Exhibit 3.
`
`21.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
`
`infringe, literally and/or under the doctrine of equivalents, claims 1-24 of the ’237 Patent.
`
`22.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-24 of
`
`the ’237 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`Defendant has had knowledge of the ’237 Patent and the infringing nature of the Accused Products.
`
`Despite this knowledge of the ’237 Patent, Defendant continues to actively encourage and instruct
`
`its customers and end users (for example, through its user manuals and online instruction materials
`
`on its website) to use the Accused Products in ways that directly infringe the ’237 Patent.
`
`Defendant does so knowing and intending that its customers and end users will commit these
`
`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
`
`Accused Products, despite its knowledge of the ’237 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’237 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`23.
`
`The Accused Products satisfy all claim limitations of claims 1-24 of the ’237 Patent.
`
`A claim chart comparing independent claim 16 of the ’237 Patent to a representative Accused
`
`Product, the Dell Latitude 7389, is attached as Exhibit 4.
`
`24.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’237
`
`Patent pursuant to 35 U.S.C. § 271.
`
`
`
`
`
`6
`
`

`

`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 7 of 10
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`
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`25.
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`As a result of Defendant’s infringement of the ’237 Patent, Neodron is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs as fixed by the Court.
`
`26.
`
`Defendant’s infringing activities have injured and will continue to injure Neodron,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ’237 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 8,502,547
`
`27.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`28.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`8,502,547, entitled “Capacitive Sensor.” The ’547 Patent was duly and legally issued by the United
`
`States Patent and Trademark Office on August 6, 2013. A true and correct copy of the ’547 Patent
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`is attached as Exhibit 5.
`
`29.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
`
`infringe, literally and/or under the doctrine of equivalents, claims 1-17 of the ’547 Patent.
`
`30.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-17 of
`
`the ’547 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`Defendant has had knowledge of the ’547 Patent and the infringing nature of the Accused Products.
`
`Despite this knowledge of the ’547 Patent, Defendant continues to actively encourage and instruct
`
`
`
`7
`
`

`

`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 8 of 10
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`
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`its customers and end users (for example, through its user manuals and online instruction materials
`
`on its website) to use the Accused Products in ways that directly infringe the ’547 Patent.
`
`Defendant does so knowing and intending that its customers and end users will commit these
`
`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
`
`Accused Products, despite its knowledge of the ’547 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’547 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`31.
`
`The Accused Products satisfy all claim limitations of claims 1-17 of the ’547 Patent.
`
`A claim chart comparing independent claim 1 of the ’547 Patent to a representative Accused
`
`Product, the Dell Latitude 7389, is attached as Exhibit 6.
`
`32.
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`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’547
`
`Patent pursuant to 35 U.S.C. § 271.
`
`33.
`
`As a result of Defendant’s infringement of the ’547 Patent, Neodron is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs as fixed by the Court.
`
`34.
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`Defendant’s infringing activities have injured and will continue to injure Neodron,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ’547 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`
`
`
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`
`
`8
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`

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`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 9 of 10
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`PRAYER FOR RELIEF
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`WHEREFORE, Neodron respectfully requests that this Court enter:
`
`a.
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`A judgment in favor of Neodron that Defendant has infringed, either literally and/or
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`under the doctrine of equivalents, the ’286 Patent, the ’237 Patent, and the ’547 Patent;
`
`b.
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`A permanent injunction prohibiting Defendant from further acts of infringement of
`
`the ’286 Patent, the ’237 Patent, and the ’547 Patent;
`
`c.
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`A judgment and order requiring Defendant to pay Neodron its damages, costs,
`
`expenses, and pre-judgment and post-judgment interest for Defendant’s infringement of the ’286
`
`Patent, the ’237 Patent, and the ’547 Patent; and
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`d.
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`A judgment and order requiring Defendant to provide an accounting and to pay
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`supplemental damages to Neodron, including without limitation, pre-judgment and post-judgment
`
`interest;
`
`e.
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`A judgment and order finding that this is an exceptional case within the meaning
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`of 35 U.S.C. § 285 and awarding to Neodron its reasonable attorneys’ fees against Defendant; and
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`f.
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`Any and all other relief as the Court may deem appropriate and just under the
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`circumstances.
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`9
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`

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`Case 1:19-cv-00819-ADA Document 1 Filed 06/28/19 Page 10 of 10
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`DEMAND FOR JURY TRIAL
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`Neodron, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
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`any issues so triable by right.
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`
`Dated: June 28, 2019
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`
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`
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`Respectfully submitted,
`
`/s/ Reza Mirzaie
`
`Reza Mirzaie (CA SBN 246953)
`rmirzaie @ raklaw.com
`Philip X. Wang (CA SBN 262239)
`pwang@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`
`Attorneys for Plaintiff Neodron Ltd.
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`10
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