Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 1 of 85
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`Defendant.
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`CIVIL ACTION NO. 6:19-cv-00245
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`JURY TRIAL DEMANDED
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`CANON, INC.
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`vs.
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`ROKU INC.,
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Canon, Inc. (“Canon” or “Plaintiff”) brings this Complaint for Patent
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`Infringement (“Complaint”) and for Jury Trial against Roku Inc. (“Roku” or “Defendant”).
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`Plaintiff alleges as follows:
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`THE PARTIES
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`1
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`Canon is a corporation organized and existing under the laws of Japan. Its
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`principal place of business is located at 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501,
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`Japan.
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`2
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`Defendant Roku, Inc. is a Delaware corporation and is authorized to do business
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`in Texas.
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`3
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`Roku may be served through its agent for service of process, Corporation Service
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`Company, 211 E. 7th St, Suite 620, Austin Texas 78701.
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`1
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`4
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`Roku has a regular and established place of business at 9606 N. Mopac
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`Expressway, Suite 400, Austin, Texas 78759.
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`5
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`On information and belief, Roku is responsible for all phases of the Roku TVs’
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`research and development – including the development, planning, manufacturing, and marketing
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`of Roku TVs.
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`6
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`Furthermore, on information and belief, Roku – on its own and/or through third
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`parties – makes, sells, offers for sale, imports, and/or uses infringing systems comprising
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`televisions that integrate and make use of the Roku Operation System (the “Roku OS”) in this
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`judicial District. These infringing systems are referred to as “Roku TVs.”
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`7
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`On information and belief, Roku – on its own and/or through third parties –
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`advertises, markets, and/or otherwise promotes Roku TVs in this judicial District.
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`8
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`On information and belief, Roku has a licensing agreement with TCL Electronics
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`Holdings Ltd. and TTE Technology Inc. (collectively “TCL”) wherein Roku purports to
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`authorize and to induce TCL to make, sell, offer for sale, import and/or use Roku TVs in the U.S.
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`JURISDICTION AND VENUE
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`9
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code. Accordingly, this Court has subject matter
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`jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`10
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`This Court has specific personal jurisdiction over Defendant at least in part
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`because Defendant conducts business in this Judicial District. Canon’s causes of action arise, at
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`least in part, from Defendant’s contacts with and activities in the State of Texas and this Judicial
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`District. Upon information and belief, Defendant has committed acts of infringement within the
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`2
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 3 of 85
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`State of Texas and this Judicial District by, inter alia, directly and/or indirectly using, selling or
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`offering to sell products that infringe one or more claims of Canon’s patents asserted herein.
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`11
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`Thus, Defendant has established minimum contacts with the State of Texas and
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`the exercise of jurisdiction would not offend traditional notions of fair play and substantial
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`justice.
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`12
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b), (c) and
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`1400(b) because (1) Defendant has done and continues to do business in this Judicial District;
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`and (2) Defendant has committed and continues to commit acts of patent infringement in this
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`Judicial District by, inter alia, directly and/or indirectly using, selling or offering to sell
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`infringing products in this Judicial District.
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`THE CANON PATENTS
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`13
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`On June 29, 2010, the United States Patent & Trademark Office (USPTO) issued
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`United States Patent No. 7,746,413 (“the ’413 Patent”), titled “Operation Screen Controlling
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`Method, Operation Screen Controlling Program, and Display Device” to Canon as assignee of
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`the inventors, Keiichi Aoyama, Shigeki Mori, and Shuntaro Aratani. A true and correct copy of
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`the ‘413 Patent is attached as Exhibit 1 to this Complaint and is incorporated by reference herein.
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`14
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`The ’413 Patent is generally directed to a display controlling method or system
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`for displaying operation screens that are suitable for various remote controls with various
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`attributes. The ’413 Patent discloses and specifically claims inventive and patentable subject
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`matters that represent significant improvements over conventional display controlling
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`method/system that was available at the time of filing of the ’413 Patent and are more than just
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`generic apparatus or software components performing conventional activities.
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`3
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`15
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`At the time of filing of the ‘413 Patent, “there has been proposed a television
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`receiver, which is enabled to use a plurality of remote control devices [] by giving priority to the
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`individual remote control devices to improve the operability of the television received” “[i]n case
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`a plurality of remote control devices for controlling a television receiver” were available. Ex. 1
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`at Col. 1, ll. 17-24. Such proposed television receiver, however, had the problem of its
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`“operation screen of a graphical user interface” being not suited for the attributes and operation
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`devices associated with the remote control device used to control the graphical user interface.
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`Id., Col. 1, ll. 28-30. The ‘413 Patent’s claimed display controlling method/system solves this
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`problem of “the operability” being “degraded by the remote control device used” by reciting
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`specific and significant improvements over the conventional display controlling method/system,
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`such as, for example, to acquire an attribute of a remote control device, determine the most
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`suitable operation form corresponding to the remote control device’s attribute by evaluating a
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`degree of suitability between the remote control device’s attributes and the operation forms
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`stored by the apparatus as the subject of controlling and display the most suitable operation form.
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`The claims of the ’413 Patent are directed to these specific improvements in the capabilities of
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`display controlling technology and devices, not to an abstract process that merely invokes these
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`devices as tools.
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`16
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`Given the state of the art at the time of filing of the ‘413 Patent, the claim
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`limitations of the ‘413 Patent, both individually and as an ordered combination, were not
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`conventional, well-understood, or routine. The ‘413 Patent discloses, among other things, an
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`unconventional technological solution to an issue arising specifically in the context of controlling
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`electronic display and communications between electronic devices. The solution implemented
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`4
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`by the ‘413 Patent provides a specific and substantial improvement over prior electronic display
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`and communications systems in electronic devices, including by introducing novel elements
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`combined in an unconventional manner directed to improving the function and working of
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`electronic devices such as, inter alia, the claimed “determining an operation form corresponding
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`to the remote control device from among a plurality of operation forms previously stored based
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`on the acquired attribute of the remote control device…wherein, in the step of determining the
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`operation form, the operation form corresponding to the remote control device is determined by
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`evaluating a degree of suitability between the remote control device and each of the plurality of
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`operation forms based on the acquired attribute of the remote control device” (Claim 1). As
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`discussed above, these claimed elements and their combination were not present in the prior art,
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`and represent unconventional and concrete improvements over the prior art.
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`17
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`Consistent with the problem addressed being rooted in electronic displays and
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`communications between electronic devices, the ‘413 Patent’s solutions are also rooted in the
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`same technology that cannot be performed with pen and paper or in the human mind. This
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`technical context is reflected in the ‘413 Patent’s claims, as described above.
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`18
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`A person having ordinary skill in the art at the time of the inventions of the ‘413
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`Patent would not have understood that the inventions could or would be performed solely in the
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`human mind or using pen and paper. Using pen and paper would ignore the stated purpose of the
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`‘413 Patent and the problem the patented technology was specifically designed to address.
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`Doing so would also run counter to the inventors’ detailed description of the inventions, and the
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`language of the claims, and be a practical impossibility.
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`5
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`19
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`On December 13, 2011, the USPTO issued United States Patent No. 8,078,767
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`(“the ’767 Patent”), titled “Display Apparatus, Control Method Thereof, and Program” to Canon
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`as assignee of the inventor, Junji Kotani. A true and correct copy of the ‘767 Patent is attached
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`as Exhibit 2 to this Complaint and is incorporated by reference herein.
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`20
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`The ’767 Patent is generally directed to a display method or system that displays
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`an image from an external device for some period of time after being disconnected when the
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`external device is of predetermined class. The ’767 Patent discloses and specifically claims
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`inventive and patentable subject matters that represent specific and significant improvements
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`over conventional display method/system that was available at the time of filing of the ’767
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`Patent and are more than just generic apparatus or software components performing conventional
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`activities.
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`21
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`At the time of filing of the ‘767 Patent, “the conventional display apparatus
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`[could] be connected to various devices, and [could] display image data stored in a connected
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`device. However, independently of the device class to be connected, when a communication
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`[was] disconnected, the display operation of an image transmitted from that device end[ed]. For
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`this reason, in addition to the image display end operation that the user intended by removing the
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`flash memory or USB cable, the image display operation often end[ed] without the intention of
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`the user by the control on the device side that logically disconnects a communication
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`connection.” Ex. 2 at Col. 5, ll. 15-25. The ‘767 Patent’s claimed display method/system solved
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`this problem by, for example, reciting the specific method of determining to continue or to end
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`displaying contents retrieved from the external device connected to the display apparatus, at the
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`time of disconnection of the external device, by recognizing and distinguishing among the
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`6
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 7 of 85
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`classes / types of external devices as well as how such device is disconnected from the display
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`apparatus. The claims of the ’767 Patent are directed to these specific improvements in the
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`capabilities of the aforementioned display technology and devices, not to an abstract process that
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`merely invokes these devices as tools.
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`22
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`Given the state of the art at the time of filing of the ‘767 Patent, the claim
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`limitations of the ‘767 Patent, both individually and as an ordered combination, were not
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`conventional, well-understood, or routine. The ‘767 Patent discloses, among other things, an
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`unconventional technological solution to an issue arising specifically in the context of controlling
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`electronic display and communications between electronic devices. The solution implemented
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`by the ‘767 Patent provides a specific and substantial improvement over prior electronic display
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`and communications systems in electronic devices, including by introducing novel elements
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`combined in an unconventional manner directed to improving the function and working of
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`electronic devices such as, inter alia, the claimed “control unit acquir[ing] class information
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`indicating a class of the external device from the external device via said connection unit,
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`control[ing] said display unit to continue the display based on the data received from the external
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`device at the time of disconnection of the communication connection with the external device if
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`the class of the external device indicated by the class information is a predetermined class, and
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`control[ing] said display unit to end the display based on the data received from the external
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`device at the time of disconnection of the communication connection with the external device if
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`the class of the external device indicated by the class information is not the predetermined class.”
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`(Claim 1). As discussed above, these claimed elements and their combination were not present
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`in the prior art, and represent unconventional and concrete improvements over the prior art.
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`7
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`23
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`Consistent with the problem addressed being rooted in electronic displays and
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`communications between electronic devices, the ‘767 Patent’s solutions are also rooted in the
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`same technology that cannot be performed with pen and paper or in the human mind. This
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`technical context is reflected in the ‘767 Patent’s claims, as described above.
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`24
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`A person having ordinary skill in the art at the time of the inventions of the ‘767
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`Patent would not have understood that the inventions could or would be performed solely in the
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`human mind or using pen and paper. Using pen and paper would ignore the stated purpose of the
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`‘767 Patent and the problem the patented technology was specifically designed to address.
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`Doing so would also run counter to the inventors’ detailed description of the inventions, and the
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`language of the claims, and be a practical impossibility.
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`25
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`On January 1, 2013, the USPTO issued United States Patent No. 8,346,986 (“the
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`’986 Patent”), titled “Display Apparatus, Control Method Thereof, and Program” to Canon as
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`assignee of the inventor, Junji Kotani. A true and correct copy of the ‘986 Patent is attached as
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`Exhibit 3 to this Complaint and is incorporated by reference herein.
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`26
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`The ’986 Patent is generally directed to a display method or system that displays
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`an image from an external device for some period of time after being disconnected when the type
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`of external device is of a class and/or when the disconnection was logical or physical. The ’986
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`Patent discloses and specifically claims inventive and patentable subject matters that represent
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`specific significant improvements over conventional display method/system that was available at
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`the time of filing of the ’986 Patent and are more than just generic apparatus or software
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`components performing conventional activities.
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`8
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 9 of 85
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`27
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`At the time of filing of the ‘986 Patent, “the conventional display apparatus
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`[could] be connected to various devices, and [could] display image data stored in a connected
`
`device. However, independently of the device class to be connected, when a communication
`
`[was] disconnected, the display operation of an image transmitted from that device end[ed]. For
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`this reason, in addition to the image display end operation that the user intended by removing the
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`flash memory or USB cable, the image display operation often end[ed] without the intention of
`
`the user by the control on the device side that logically disconnects a communication
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`connection.” Ex. 3 at Col. 5, ll. 15-25. The ‘986 Patent’s claimed display method/system solved
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`this problem by, for example, reciting the specific method of determining to continue or to end
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`displaying contents retrieved from the external device connected to the display apparatus, at the
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`time of disconnection of the external device, by recognizing and distinguishing among the
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`classes / types of external devices as well as how such device is disconnected from the display
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`apparatus. The claims of the ’986 Patent are directed to these specific improvements in the
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`capabilities of the aforementioned display technology and systems, not to an abstract process that
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`merely invokes these systems as tools.
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`28
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`Given the state of the art at the time of filing of the ‘986 Patent, the claim
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`limitations of the ‘986 Patent, both individually and as an ordered combination, were not
`
`conventional, well-understood, or routine. The ‘986 Patent discloses, among other things, an
`
`unconventional technological solution to an issue arising specifically in the context of controlling
`
`electronic display and communications between electronic devices. The solution implemented
`
`by the ‘986 Patent provides a specific and substantial improvement over prior electronic display
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`and communications systems in electronic devices, including by introducing novel elements
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`9
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 10 of 85
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`combined in an unconventional manner directed to improving the function and working of
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`electronic devices such as, inter alia, the claimed “determination unit configured to determine
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`whether or not to continue the display of the image received from the external device by
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`detecting whether the communication is physically disconnected or whether the communication
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`is logically disconnected when the communication with the external device is disconnected”
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`(Claim 1). As discussed above, these claimed elements and their combination were not present
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`in the prior art, and represent unconventional and concrete improvements over the prior art.
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`29
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`Consistent with the problem addressed being rooted in electronic displays and
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`communications between electronic devices, the ‘986 Patent’s solutions are also rooted in the
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`same technology that cannot be performed with pen and paper or in the human mind. This
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`technical context is reflected in the ‘986 Patent’s claims, as described above.
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`30
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`A person having ordinary skill in the art at the time of the inventions of the ‘986
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`Patent would not have understood that the inventions could or would be performed solely in the
`
`human mind or using pen and paper. Using pen and paper would ignore the stated purpose of the
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`‘986 Patent and the problem the patented technology was specifically designed to address.
`
`Doing so would also run counter to the inventors’ detailed description of the inventions, and the
`
`language of the claims, and be a practical impossibility.
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`31
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`On April 29, 2014, the USPTO issued United States Patent No. 8,713,206 (“the
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`’206 Patent”), titled “Display Apparatus, Control Method Thereof, and Program” to Canon as the
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`assignee of the inventor, Junji Kotani. A true and correct copy of the ’206 Patent is attached as
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`Exhibit 4 to this Complaint and is incorporated by reference herein.
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`10
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 11 of 85
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`32
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`The ’206 Patent is generally directed to a display method or system that displays
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`an image from an external device for some period of time after being disconnected, the period of
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`time varying based on the type of external device and/or whether the disconnection was logical
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`or physical. The ’206 Patent discloses and specifically claims inventive and patentable subject
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`matters that represent specific and significant improvements over conventional display
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`method/system that was available at the time of filing of the ’206 Patent and are more than just
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`generic apparatus or software components performing conventional activities.
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`33
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`At the time of filing of the ‘206 Patent, “the conventional display apparatus
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`[could] be connected to various devices, and [could] display image data stored in a connected
`
`device. However, independently of the device class to be connected, when a communication
`
`[was] disconnected, the display operation of an image transmitted from that device end[ed]. For
`
`this reason, in addition to the image display end operation that the user intended by removing the
`
`flash memory or USB cable, the image display operation often end[ed] without the intention of
`
`the user by the control on the device side that logically disconnects a communication
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`connection.” Ex. 4 at Col. 5, ll. 19-29. The ‘206 Patent’s claimed display method/system solved
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`this problem by, for example, reciting the specific method of determining to continue or to end
`
`displaying contents retrieved from the external device connected to the display apparatus, at the
`
`time of disconnection of the external device, by recognizing and distinguishing among the
`
`classes / types of external devices as well as how such device is disconnected from the display
`
`apparatus. The claims of the ’206 Patent are directed to these specific improvements in the
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`capabilities of the aforementioned display technology and systems, not to an abstract process that
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`merely invokes these systems as tools.
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`11
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 12 of 85
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`34
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`Given the state of the art at the time of filing of the ‘206 Patent, the inventive
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`concepts of the ‘206 Patent were not conventional, well-understood, or routine. The ‘206 Patent
`
`discloses, among other things, an unconventional technological solution to an issue arising
`
`specifically in the context of controlling electronic display and communications between
`
`electronic devices. The solution implemented by the ‘206 Patent provides a specific and
`
`substantial improvement over prior electronic display and communications systems in electronic
`
`devices, including by introducing novel elements directed to improving the function and working
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`of electronic devices such as, inter alia, the claimed “display control unit [that] varies a period of
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`time from the disconnection to the stopping of the display of the image depending on a
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`determination result as to whether the disconnection of the communication with the external
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`device is a physical disconnection or a logical disconnection.” (Claim 7). As discussed above,
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`these claimed elements and their combination were not present in the prior art, and represent
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`unconventional and concrete improvements over the prior art.
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`35
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`Consistent with the problem addressed being rooted in electronic displays and
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`communications between electronic devices, the ‘206 Patent’s solutions are also rooted in the
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`same technology that cannot be performed with pen and paper or in the human mind. This
`
`technical context is reflected in the ‘206 Patent’s claims, as described above.
`
`36
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`A person having ordinary skill in the art at the time of the inventions of the ‘206
`
`Patent would not have understood that the inventions could or would be performed solely in the
`
`human mind or using pen and paper. Using pen and paper would ignore the stated purpose of the
`
`‘206 Patent and the problem the patented technology was specifically designed to address.
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`12
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 13 of 85
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`Doing so would also run counter to the inventors’ detailed description of the inventions, and the
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`language of the claims, and be a practical impossibility.
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`37
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`On October 5, 2010, the USPTO issued United States Patent No. 7,810,130 (“the
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`’130 Patent”), titled “Method and Apparatus of Power Management for Moving Image-
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`Streaming Content” to Canon as assignee of the inventors Atsushi Mizutome and Masaki
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`Kutsuna. A true and correct copy of the ’130 Patent is attached as Exhibit 5 to this Complaint
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`and is incorporated by reference herein.
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`38
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`The ’130 Patent is generally directed to a method and system for buffering
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`streaming contents while the contents are not being displayed on a television either while the
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`television’s power is off or while the user is viewing other programs. The ’130 Patent discloses
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`and specifically claims inventive and patentable subject matters that represent specific and
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`significant improvements over conventional method/system for streaming internet contents on a
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`television that was available at the time of filing of the ’130 Patent and are more than just generic
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`apparatus or software components performing conventional activities.
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`39
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`At the time of filing of the ‘130 Patent, the inventor recognized that a
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`“conventional broadcast system is currently being shifted to a digital broadcast system in which
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`television signals are transmitted as digital signals” and the “shift to the digital broadcast system
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`is underway to enhance image quality and to increase the number of channels by utilizing digital
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`transmission and coding technologies.” Ex. 5 at Col. 1, ll. 19-24. The inventor of the ‘130
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`Patent further observed that at the time of filing of the ‘130 Patent, “it [was] becoming
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`widespread to use the Internet to provide a distribution of moving images comparable in quality
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`to that of the television broadcast, that is, a distribution of streaming contents” but unlike
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`13
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 14 of 85
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`television broadcast receiving, “the streaming broadcast is not received immediately after calling
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`up a desired channel.” Id. at Col. 1, ll. 27-42. The inventor, then, proposed that “in the near
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`future, while communication infrastructures are improved in the individual households, it
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`becomes widespread to enjoy the streaming broadcast, as well as the conventional television
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`broadcast, on television in living rooms” where the users of such streaming system would
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`demand “to select and audiovisually enjoy a program (contents) of the streaming broadcast in
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`such a manner as to feel as comfortable as in the conventional television broadcast.” Id. at Col. 2,
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`ll. 6-17. After recognizing this future needs, the inventor foresaw potential problems that the
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`‘130 Patent proposes to solve, namely, “a general television audience is accustomed to watching
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`television, that is, being able to audiovisually enjoy a desired program immediately after turning
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`on a power and selecting a corresponding channel. Therefore, it is impractical for the television
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`audience himself/herself to find out main data and a location (address (and a file name)) of
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`streaming contents that he/she wishes to audiovisually enjoy, and to perform the pull-type
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`operation for receiving distributed contents based on the found data. Thus, it is necessary to
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`provide a form capable of selecting and audiovisually enjoying contents by a simpler method
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`such that the audience feels as comfortable as when audiovisually enjoying a television
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`program.” Id. at Col. 2, ll. 25-38. As another problem the inventor sought to solve, the inventor
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`recognized that “unlike the general process for receiving the television broadcast, the receiving
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`process for the streaming contents requires a time period of several to ten and several seconds at
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`the time of switching the streaming contents which corresponds to the time of changing channels
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`on television. Meanwhile, the user must wait for the same time period...for buffering…desired
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`streaming contents in a distribution side server and a time period required for buffering a
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 15 of 85
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`predetermined amount of the streaming contents on a receiving terminal side.” Id. at Col. 2, ll.
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`45-53. The ‘130 Patent’s claimed buffering method/system solves these problems addressed
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`above by reciting significant improvements over the conventional television system and method
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`of streaming contents, namely, for example, to store URL information associated with the
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`desired streaming contents, to access the URLs repeatedly while the TV is turned off or while the
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`TV is displaying broadcast programs, to buffer the streaming contents while the TV is turned off
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`or while the TV is displaying broadcast programs and to display the buffered contents after the
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`TV is turned back on or controlled to switch from displaying broadcast programs to displaying
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`streaming contents again. The claims of the ’130 Patent are directed to these specific
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`improvements in the capabilities of the aforementioned buffering technology and systems, not to
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`an abstract process that merely invokes these systems as tools.
`
`40
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`Given the state of the art at the time of filing of the ‘130 Patent, the inventive
`
`concepts of the ‘130 Patent were not conventional, well-understood, or routine. The ‘130 Patent
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`discloses, among other things, an unconventional technological solution to an issue arising
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`specifically in the context of electronic buffering and streaming devices and communications
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`between electronic devices. The solution implemented by the ‘130 Patent provides a specific
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`and substantial improvement over prior electronic buffering, streaming and communications
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`systems in electronic devices, including by introducing novel elements directed to improving the
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`function and working of electronic devices such as, inter alia, the claimed “control unit for (1)
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`controlling, responsive to the receiving by the operation unit of the operation of turning off the
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`power source, to read out the URL information stored in the memory unit, and (2) controlling,
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`while the power source is in an off state, to periodically repeat accessing of a URL of the moving
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`image-streaming content which had been displayed before the turning off the power source, so as
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`to receive by the receiving unit and to buffer in the buffering unit the latest moving image-
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`streaming content, and (3) controlling, responsive to the receiving by the operation unit of the
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`operation of turning on the power source, to read out from the buffering unit the latest buffered
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`moving image-streaming content and to start the displaying on the display screen of the latest
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`buffered moving image-streaming content” (Claim 1). As discussed above, these claimed
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`elements and their combination were not present in the prior art, and represent unconventional
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`and concrete improvements over the prior art.
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`Consistent with the problem addressed being rooted in electronic streaming,
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`buffering and communications between electronic devices, the ‘130 Patent’s solutions are also
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`rooted in the same technology that cannot be performed with pen and paper or in the human
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`mind. This technical context is reflected in the ‘130 Patent’s claims, as described above.
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`A person having ordinary skill in the art at the time of the inventions of the ‘130
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`Patent would not have understood that the inventions could or would be performed solely in the
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`human mind or using pen and paper. Using pen and paper would ignore the stated purpose of the
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`‘130 Patent and the problem the patented technology was specifically designed to address.
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`Doing so would also run counter to the inventors’ detailed description of the inventions, and the
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`language of the claims, and be a practical impossibility.
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`Canon is the sole owner of the entire right, title and interest in and to the ’413,
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`’767, ’986, ’206 and ’130 Patents (collectively, the “Asserted Patents”), including the right to sue
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`and recover for any and all infringements thereof. While the Asserted Patents reference “Canon
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`Case 6:19-cv-00245-ADA Document 1 Filed 04/05/19 Page 17 of 85
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`Kabushiki Kaisha” as their Assignee, “Canon Kabushiki Kaisha” is a Japanese translation for
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`Canon Inc. and is an identical entity as Canon Inc., the plaintiff of this action.
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`The Asserted Patents are valid and enforceable.
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`DEFENDANT’S INFRINGING PRODUCTS AND ACTIVITIES
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`Defendant, its Roku TV licensees, and its customers make, use, sell or offer to sell
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`within the United States or import into the United States the Roku TVs that integrate and make
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`use of the Roku OS.
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`Certain Roku TVs comprise a television that displays a number of operation
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`screens, each with a number of operation forms that can be and are displayed, depending on the
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`remote control device being used. They are capable of acquiring an attribute of a remote control
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`device and determining an operation form corresponding to the remote control device from
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`among a plurality of operation forms based on the acquired attribute