Case 6:19-cv-00318-ADA Document 1 Filed 05/21/19 Page 1 of 11
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`Case No.
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`NEODRON LTD.,
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`v.
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`JURY TRIAL DEMANDED
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`DELL TECHNOLOGIES, INC.,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST DELL TECHNOLOGIES, INC.
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. § 1 et seq., in which Plaintiff Neodron Ltd. (“Plaintiff” or “Neodron”)
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`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. 8,432,173 (“’173 Patent”); 8,791,910 (“’910 Patent”);
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`9,024,790 (“’790 Patent”); and 9,372,580 (“’580 Patent”) (collectively, the “Asserted Patents”).
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`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.
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`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
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`1
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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
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`products.
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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
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`at Unit 4-5, Burton Hall Road, Sandyford, Dublin 18, D18a094. Neodron is the sole owner by
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`2
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`Case 6:19-cv-00318-ADA Document 1 Filed 05/21/19 Page 3 of 11
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`assignment of all right, title, and interest in each Asserted Patent.
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`7.
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`On information and belief, Defendant Dell Technologies, Inc. is corporation
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`organized under the laws of the State of Delaware, with its principal place of business at One Dell
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`Way, Round Rock, Texas 78682.
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`JURISDICTION AND VENUE
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`8.
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`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, importing, offering to sell, and selling products that infringe the
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`asserted patents.
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`10.
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`Venue is proper in this District under 28 U.S.C. § 1400(b). Upon information and
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`belief, Defendant has transacted business in this District and has committed acts of direct and
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`indirect infringement in this District by, among other things, making, using, offering to sell, selling,
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`and importing products that infringe the asserted patents. Defendant has a regular and established
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`place of business in the District, including its headquarters at One Dell Way, Round Rock, Texas
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`78682.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,432,173
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`3
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`11.
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`Neodron realleges and incorporates by reference the foregoing paragraphs as if
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`fully set forth herein.
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`12.
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`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
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`8,432,173, entitled “Capacitive Position Sensor.” The ’173 Patent was duly and legally issued by
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`the United States Patent and Trademark Office on April 30, 2013. A true and correct copy of
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`the ’173 Patent is attached as Exhibit 1.
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`13.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
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`infringe, literally and/or under the doctrine of equivalents, at least claims 1–19 of the ’173 Patent.
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`14.
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`Defendant also knowingly and intentionally induces infringement of at least claims
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`1 and 5–9 of the ’173 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of
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`this Complaint, and also through the filing and service of a complaint with the United States
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`International Trade Commission (ITC) pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C.
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`§ 1337, Defendant has had knowledge of the ’173 Patent and the infringing nature of the Accused
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`Products. Despite this knowledge of the ’173 Patent, Defendant continues to actively encourage
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`and instruct its customers and end users (for example, through its user manuals and online
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`instruction materials on its website) to use the Accused Products in ways that directly infringe the
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`’173 Patent. Defendant does so knowing and intending that its customers and end users will
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`commit these infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or
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`import the Accused Products, despite its knowledge of the ’173 Patent, thereby specifically
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`intending for and inducing its customers to infringe the ’173 Patent through the customers’ normal
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`and customary use of the Accused Products.
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`15.
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`The Accused Products satisfy all claim limitations of at least claims 1–19 of the
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`4
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`’173 Patent. A claim chart comparing independent claims 1, 10 and 19 of the ’173 Patent to a
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`representative Accused Product, the Dell Latitude 7389, is attached as Exhibit 2.
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`16.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’173
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`Patent pursuant to 35 U.S.C. § 271.
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`17.
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`As a result of Defendant’s infringement of the ’173 Patent, Neodron is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`18.
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`Defendant’s infringing activities have injured and will continue to injure Neodron,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’173 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 8,791,910
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`19.
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`Neodron realleges and incorporates by reference the foregoing paragraphs as if
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`fully set forth herein.
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`20.
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`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
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`8,791,910 (the “’910 Patent”), entitled “Capacitive Keyboard With Position-Dependent Reduced
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`Keying Ambiguity.” The ’910 Patent was duly and legally issued by the United States Patent and
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`Trademark Office on July 29, 2014. A true and correct copy of the ’910 Patent is attached as
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`Exhibit 3.
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`21.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`5
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`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
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`infringe, literally and/or under the doctrine of equivalents, at least claims 1–37 of the ’910 Patent.
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`22.
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`Defendant also knowingly and intentionally induces infringement of at least claims
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`1–12 of the ’910 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this
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`Complaint, and also through the filing and service of a complaint with the United States
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`International Trade Commission (ITC) pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C.
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`§ 1337, Defendant has had knowledge of the ’910 Patent and the infringing nature of the Accused
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`Products. Despite this knowledge of the ’910 Patent, Defendant continues to actively encourage
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`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
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`the ’910 Patent. Defendant does so knowing and intending that its customers and end users will
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`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 ’910 Patent, thereby specifically
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`intending for and inducing its customers to infringe the ’910 Patent through the customers’ normal
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`and customary use of the Accused Products.
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`23.
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`The Accused Products satisfy all claim limitations of at least claims 1–37 of
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`the ’910 Patent. A claim chart comparing independent claims 1, 13, and 25 of the ’910 Patent to a
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`representative Accused Product, the Dell Latitude 7389, is attached as Exhibit 4.
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`24.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’910
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`Patent pursuant to 35 U.S.C. § 271.
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`25.
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`As a result of Defendant’s infringement of the ’910 Patent, Neodron is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`6
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`Case 6:19-cv-00318-ADA Document 1 Filed 05/21/19 Page 7 of 11
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`26.
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`Defendant’s infringing activities have injured and will continue to injure Neodron,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’910 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`COUNT III
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`INFRINGEMENT OF U.S. PATENT NO. 9,024,790
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`27.
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`Neodron realleges and incorporates by reference the foregoing paragraphs as if
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`fully set forth herein.
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`28.
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`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
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`9,024,790 (the “’790 Patent”), entitled “Capacitive Keyboard With Non-Locking Reduced Keying
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`Ambiguity.” The ’790 Patent was duly and legally issued by the United States Patent and
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`Trademark Office on May 5, 2015. A true and correct copy of the ’790 Patent is attached as Exhibit
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`5.
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`29.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
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`infringe, literally and/or under the doctrine of equivalents, at least claims 1, 4–8, 10–14, and 16–
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`24 of the ’790 Patent.
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`30.
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`Defendant also knowingly and intentionally induces infringement of at least claims
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`7, 8, 10–12, and 22–24 of the ’790 Patent in violation of 35 U.S.C. § 271(b). Through the filing
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`and service of this Complaint, and also through the filing and service of a complaint with the
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`United States International Trade Commission (ITC) pursuant to Section 337 of the Tariff Act of
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`7
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`Case 6:19-cv-00318-ADA Document 1 Filed 05/21/19 Page 8 of 11
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`1930, 19 U.S.C. § 1337, Defendant has had knowledge of the ’790 Patent and the infringing nature
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`of the Accused Products. Despite this knowledge of the ’790 Patent, Defendant continues to
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`actively encourage and instruct its customers and end users (for example, through its user manuals
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`and online instruction materials on its website) to use the Accused Products in ways that directly
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`infringe the ’790 Patent. Defendant does so knowing and intending that its customers and end users
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`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 ’790 Patent, thereby specifically
`
`intending for and inducing its customers to infringe the ’790 Patent through the customers’ normal
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`and customary use of the Accused Products.
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`31.
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`The Accused Products satisfy all claim limitations of at least claims 1, 4–8, 10–14,
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`and 16–24 of the ’790 Patent. A claim chart comparing independent claims 1, 7, and 13 of the ’790
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`Patent to a representative Accused Product, the Dell Latitude 7389, is attached as Exhibit 6.
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`32.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’790
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`Patent pursuant to 35 U.S.C. § 271.
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`33.
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`As a result of Defendant’s infringement of the ’790 Patent, Neodron is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`34.
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`Defendant’s infringing activities have injured and will continue to injure Neodron,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’790 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`8
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`Case 6:19-cv-00318-ADA Document 1 Filed 05/21/19 Page 9 of 11
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`COUNT IV
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`INFRINGEMENT OF U.S. PATENT NO. 9,372,580
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`35.
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`Neodron realleges and incorporates by reference the foregoing paragraphs as if
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`fully set forth herein.
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`36.
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`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
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`9,372,580 (the “’580 Patent”), entitled “Enhanced Touch Detection Methods.” The ’580 Patent
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`was duly and legally issued by the United States Patent and Trademark Office on June 21, 2016.
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`A true and correct copy of the ’580 Patent is attached as Exhibit 7.
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`37.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports certain products (“Accused Products”), such as the Dell Latitude 7389, that directly
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`infringe, literally and/or under the doctrine of equivalents, at least claims 1–12 of the ’580 Patent.
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`38.
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`Defendant also knowingly and intentionally induces infringement of at least claims
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`1–4 of the ’580 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this
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`Complaint, and also through the filing and service of a complaint with the United States
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`International Trade Commission (ITC) pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C.
`
`§ 1337, Defendant has had knowledge of the ’580 Patent and the infringing nature of the Accused
`
`Products. Despite this knowledge of the ’580 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 ’580 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 ’580 Patent, thereby specifically
`
`intending for and inducing its customers to infringe the ’580 Patent through the customers’ normal
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`9
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`Case 6:19-cv-00318-ADA Document 1 Filed 05/21/19 Page 10 of 11
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`and customary use of the Accused Products.
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`39.
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`The Accused Products satisfy all claim limitations of at least claims 1–12 of
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`the ’580 Patent. A claim chart comparing independent claims 1, 5, and 9 of the ’580 Patent to a
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`representative Accused Product, the Dell Latitude 7389, is attached as Exhibit 8.
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`40.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’580
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`Patent pursuant to 35 U.S.C. § 271.
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`41.
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`As a result of Defendant’s infringement of the ’580 Patent, Neodron is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`42.
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`Defendant’s infringing activities have injured and will continue to injure Neodron,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’580 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`PRAYER FOR RELIEF
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`WHEREFORE, Neodron respectfully requests that this Court enter:
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`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 ’173 Patent, the ’910 Patent, the ’790 Patent, and the ’580
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`Patent;
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`b.
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`A permanent injunction prohibiting Defendant from further acts of infringement of
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`the ’173 Patent, the ’910 Patent, the ’790 Patent, and the ’580 Patent;
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`c.
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`A judgment and order requiring Defendant to pay Neodron its damages, costs,
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`10
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`expenses, and pre-judgment and post-judgment interest for Defendant’s infringement of the ’173
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`Patent, the ’910 Patent, the ’790 Patent, and the ’580 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
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`interest;
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`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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`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: May 21, 2019
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`Respectfully submitted,
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`
`/s/ Paul A. Kroeger
`
`Reza Mirzaie (CA SBN 246953)
`rmirzaie @ raklaw.com
`Paul A. Kroeger (CA SBN 229074)
`pkroeger@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
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`Attorneys for Plaintiff Neodron Ltd.
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`11
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