Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 1 of 19
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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. 6:19-cv-00397-ADA
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`NEODRON LTD.,
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`
`
`
`
`
`
`
`
`
`
`v.
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`JURY TRIAL DEMANDED
`
`HP INC.,
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`
`
`
`
`
`
`Defendant.
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`
`
`
`
`
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT AGAINST HP 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 HP 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”); 8,847,898 (“’898 Patent”);
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`8,451,237 (“’237 Patent”); 8,502,547 (“’547 Patent”); 8,946,574 (“’574 Patent”); 9,086,770
`
`(“’770 Patent”); 10,088,960 (“’960 Patent”); and 7,821,502 (“’502 Patent”) (collectively, the
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`“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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`
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`1
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 2 of 19
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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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`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.
`
`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
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`Accused Products.
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`
`2
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 3 of 19
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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
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`assignment of all right, title, and interest in each Asserted Patent.
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`7.
`
`On information and belief, Defendant HP Inc. is a corporation organized under the
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`laws of the State of Delaware, with its principal place of business at 1501 Page Mill Road, Palo
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`Alto, California 94304.
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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, making, using, offering to sell, selling, and importing products
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`that infringe the Asserted Patents.
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`10.
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`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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`asserted patents. Defendant has a regular and established place of business in the District, including
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`3
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 4 of 19
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`data centers in Austin, Texas and offices at 3800 Quick Hill Road #100, Austin, Texas 78728.
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`Defendant also advertises jobs available in Austin, Texas on its website.1
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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.
`
`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.”
`
`The ’286 Patent was duly and legally issued by the United States Patent and Trademark Office on
`
`January 24, 2012. A true and correct copy of the ’286 Patent is attached as Exhibit 1.
`
`13.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-bs289wm, 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,
`
`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
`
`
`1 See, e.g., https://www.bizjournals.com/austin/stories/2006/05/15/daily15.html;
`https://www.datacenterknowledge.com/archives/2006/01/24/h-p-purchases-austin-complex-for-
`data-center; https://h30631.www3.hp.com/job/bengaluru/cybersecurity-iii/3544/12048040;
`https://h30631.www3.hp.com/job/bengaluru/cyber-security-engineer/3544/8853709.
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`
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`4
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 5 of 19
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
`
`Accused Products, despite its knowledge of the ’286 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’286 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`15.
`
`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
`
`Product, the HP 15-bs289wm, 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.
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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 ’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
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`INFRINGEMENT OF U.S. PATENT NO. 8,847,898
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`19.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
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`
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`5
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 6 of 19
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`20.
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`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`8,847,898, entitled “Signal-to-Noise Ratio in Touch Sensors.” The ’898 Patent was duly and
`
`legally issued by the United States Patent and Trademark Office on September 30, 2014. A true
`
`and correct copy of the ’898 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 HP 15-da0073ms, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-24 of the ’898 Patent.
`
`22.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-24 of
`
`at least claims 1–24 of the ’898 Patent in violation of 35 U.S.C. § 271(b). Through the filing and
`
`service of this Complaint, Defendant has had knowledge of the ’898 Patent and the infringing
`
`nature of the Accused Products. Despite this knowledge of the ’898 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 ’898 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 ’898 Patent, thereby
`
`specifically intending for and inducing its customers to infringe the ’898 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 ’898 Patent.
`
`A claim chart comparing independent claim 1 of the ’898 Patent to a representative Accused
`
`Product, the HP 15-da0073ms, is attached as Exhibit 4.
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`6
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 7 of 19
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`24.
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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 ’898
`
`Patent pursuant to 35 U.S.C. § 271.
`
`25.
`
`As a result of Defendant’s infringement of the ’898 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 ’898 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
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`INFRINGEMENT OF U.S. PATENT NO. 8,451,237
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`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.
`
`8,451,237, entitled “Sensitivity Control as a Function of Touch Shape.” The ’237 Patent was duly
`
`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 5.
`
`29.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-br095ms, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-24 of the ’237 Patent.
`
`
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`
`7
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 8 of 19
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`30.
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`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.
`
`31.
`
`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 HP 15-br095ms, is attached as Exhibit 6.
`
`32.
`
`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.
`
`33.
`
`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.
`
`34.
`
`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,
`
`
`
`8
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 9 of 19
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT IV
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`INFRINGEMENT OF U.S. PATENT NO. 8,502,547
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`35.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`36.
`
`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
`
`is attached as Exhibit 7.
`
`37.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-bs289wm, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-17 of the ’547 Patent.
`
`38.
`
`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
`
`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
`
`
`
`
`
`9
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 10 of 19
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`inducing its customers to infringe the ’547 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`39.
`
`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 HP 15-bs289wm, is attached as Exhibit 8.
`
`40.
`
`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.
`
`41.
`
`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.
`
`42.
`
`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.
`
`COUNT V
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`INFRINGEMENT OF U.S. PATENT NO. 8,946,574
`
`43.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`44.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`8,946,574, entitled “Two-Layer Sensor Stack.” The ’574 Patent was duly and legally issued by the
`
`United States Patent and Trademark Office on February 3, 2015. A true and correct copy of
`
`
`
`10
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 11 of 19
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`the ’574 Patent is attached as Exhibit 9.
`
`45.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-br095ms, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-15 of the ’574 Patent.
`
`46.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-15 of
`
`the ’574 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`Defendant has had knowledge of the ’574 Patent and the infringing nature of the Accused Products.
`
`Despite this knowledge of the ’574 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 ’574 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 ’574 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’574 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`47.
`
`The Accused Products satisfy all claim limitations of claims 1-15 of the ’574 Patent.
`
`A claim chart comparing independent claim 1 of the ’574 Patent to a representative Accused
`
`Product, the HP 15-br095ms, is attached as Exhibit 10.
`
`48.
`
`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 ’574
`
`Patent pursuant to 35 U.S.C. § 271.
`
`49.
`
`As a result of Defendant’s infringement of the ’574 Patent, Neodron is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`
`
`11
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 12 of 19
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`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.
`
`50.
`
`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 ’574 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT VI
`
`INFRINGEMENT OF U.S. PATENT NO. 9,086,770
`
`51.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`52.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`9,086,770, entitled “Touch Sensor with High-Density Macro-Feature Design.” The ’770 Patent
`
`was duly and legally issued by the United States Patent and Trademark Office on July 21, 2015.
`
`A true and correct copy of the ’770 Patent is attached as Exhibit 11.
`
`53.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-br095ms, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-15 of the ’770 Patent.
`
`54.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-15 of
`
`the ’770 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`Defendant has had knowledge of the ’770 Patent and the infringing nature of the Accused Products.
`
`Despite this knowledge of the ’770 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 ’770 Patent.
`
`
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`12
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 13 of 19
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`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 ’770 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’770 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`55.
`
`The Accused Products satisfy all claim limitations of claims 1-15 of the ’770 Patent.
`
`A claim chart comparing independent claim 7 of the ’770 Patent to a representative Accused
`
`Product, the HP 15-br095ms, is attached as Exhibit 12.
`
`56.
`
`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 ’770
`
`Patent pursuant to 35 U.S.C. § 271.
`
`57.
`
`As a result of Defendant’s infringement of the ’770 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.
`
`58.
`
`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 ’770 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT VII
`
`INFRINGEMENT OF U.S. PATENT NO. 10,088,960
`
`59.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`
`
`13
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`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 14 of 19
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`60.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`10,088,960, entitled “Sensor Stack with Opposing Electrodes.” The ’960 Patent was duly and
`
`legally issued by the United States Patent and Trademark Office on October 2, 2018. A true and
`
`correct copy of the ’960 Patent is attached as Exhibit 13.
`
`61.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-br095ms, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-17 of the ’960 Patent.
`
`62.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-17 of
`
`the ’960 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`Defendant has had knowledge of the ’960 Patent and the infringing nature of the Accused Products.
`
`Despite this knowledge of the ’960 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 ’960 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 ’960 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’960 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`63.
`
`The Accused Products satisfy all claim limitations of claims 1-17 of the ’960 Patent.
`
`A claim chart comparing independent claim 1 of the ’960 Patent to a representative Accused
`
`Product, the HP 15-br095ms, is attached as Exhibit 14.
`
`64.
`
`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 ’960
`
`
`
`14
`
`

`

`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 15 of 19
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`Patent pursuant to 35 U.S.C. § 271.
`
`65.
`
`As a result of Defendant’s infringement of the ’960 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.
`
`66.
`
`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 ’960 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT VIII
`
`INFRINGEMENT OF U.S. PATENT NO. 7,821,502
`
`67.
`
`Neodron realleges and incorporates by reference the foregoing paragraphs as if
`
`fully set forth herein.
`
`68.
`
`Neodron owns by assignment all rights, title, and interest in U.S. Patent No.
`
`7,821,502, entitled “Two-Dimensional Position Sensor.” The ’502 Patent was duly and legally
`
`issued by the United States Patent and Trademark Office on October 26, 2010. A true and correct
`
`copy of the ’502 Patent is attached as Exhibit 15.
`
`69.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports certain products (“Accused Products”), such as the HP 15-br095ms, that directly infringe,
`
`literally and/or under the doctrine of equivalents, claims 1-24 of the ’502 Patent.
`
`70.
`
`Defendant also knowingly and intentionally induces infringement of claims 1-24 of
`
`the ’502 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`Defendant has had knowledge of the ’502 Patent and the infringing nature of the Accused Products.
`
`
`
`15
`
`

`

`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 16 of 19
`
`Despite this knowledge of the ’502 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 ’502 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 ’502 Patent, thereby specifically intending for and
`
`inducing its customers to infringe the ’502 Patent through the customers’ normal and customary
`
`use of the Accused Products.
`
`71.
`
`The Accused Products satisfy all claim limitations of claims 1-24 of the ’502 Patent.
`
`A claim chart comparing independent claim 1 of the ’502 Patent to a representative Accused
`
`Product, the HP 15-br095ms, is attached as Exhibit 16.
`
`72.
`
`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 ’502
`
`Patent pursuant to 35 U.S.C. § 271.
`
`73.
`
`As a result of Defendant’s infringement of the ’502 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.
`
`74.
`
`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 ’502 Patent,
`
`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`
`
`
`
`16
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`

`

`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 17 of 19
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Neodron respectfully requests that this Court enter:
`
`a.
`
`A judgment in favor of Neodron that Defendant has infringed, either literally and/or
`
`under the doctrine of equivalents, the ’286 Patent, the ’898 Patent, the ’237 Patent, the ’547 Patent,
`
`the ’574 Patent, the ’770 Patent, the ’960 Patent, and the ’502 Patent;
`
`b.
`
`A permanent injunction prohibiting Defendant from further acts of infringement of
`
`the ’286 Patent, the ’898 Patent, the ’237 Patent, the ’547 Patent, the ’574 Patent, the ’770 Patent,
`
`the ’960 Patent, and the ’502 Patent;
`
`c.
`
`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 ’898 Patent, the ’237 Patent, the ’547 Patent, the ’574 Patent, the ’770 Patent, the ’960
`
`Patent, and the ’502 Patent; and
`
`d.
`
`A judgment and order requiring Defendant to provide an accounting and to pay
`
`supplemental damages to Neodron, including without limitation, pre-judgment and post-judgment
`
`interest;
`
`e.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to Neodron its reasonable attorneys’ fees against Defendant; and
`
`f.
`
`Any and all other relief as the Court may deem appropriate and just under the
`
`circumstances.
`
`
`
`
`
`
`
`
`
`
`
`17
`
`

`

`Case 6:19-cv-00397-ADA Document 26 Filed 08/27/19 Page 18 of 19
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`DEMAND FOR JURY TRIAL
`
`Neodron, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
`
`any issues so triable by right.
`
`Dated: August 27, 2019
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Reza Mirzaie
`
`Reza Mirzaie (CA SBN 246953)
`Email: rmirzaie@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`Email: mfenster@raklaw.com
`Brian D. Ledahl (CA SBN 186579)
`Email: bledahl@raklaw.com
`Paul A. Kroeger (CA SBN 229074)
`Email: pkroeger@raklaw
`Philip X. Wang (CA SBN 262239)
`pwang@raklaw.com
`Neil A. Rubin (CA SBN 250761)
`Email: nrubin@raklaw.com
`Amy E. Hayden (CA SBN 287026)
`Email: ahayden@raklaw.com
`Shani Williams (SBN 274509)
`Email: swilliams@raklaw.com
`Kristopher