Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 1 of 32
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
` Solas OLED Ltd., an Irish corporation,
`
`Plaintiff,
`
`vs.
`
`Apple Inc., a California corporation;
`
`Defendant.
`
`CASE NO. 6:19-cv-00537
`
`Complaint for Patent
`Infringement
`
`JURY DEMANDED
`
`Complaint for Patent Infringement
`
`Plaintiff Solas OLED Ltd. (“Solas”) files this complaint against Defendant Apple Inc.
`
`(“Apple”), alleging infringement of U.S. Patent Nos. 6,072,450, 7,446,338, and 7,573,068
`
`(“Patents-in-Suit”). The accused products are Apple products with organic light-emitting diode
`
`(“OLED”) displays.
`
`Plaintiff Solas OLED and the Patents-in-Suit.
`
`1.
`
`Plaintiff Solas is a technology licensing company organized under the laws of
`
`Ireland, with its headquarters at 4-5 Burton Hall Road, Sandyford, Dublin 18.
`
`2.
`
`Solas is the owner of U.S. Patent No. 6,072,450, entitled “Display Apparatus,”
`
`which issued June 6, 2000 (the “’450 patent”). A copy of the ’450 patent is attached to this
`
`complaint as Exhibit 1.
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
` Solas OLED Ltd., an Irish corporation,
`
`Plaintiff,
`
`vs.
`
`Apple Inc., a California corporation;
`
`Defendant.
`
`CASE NO. 6:19-cv-00537
`
`Complaint for Patent
`Infringement
`
`JURY DEMANDED
`
`Complaint for Patent Infringement
`
`Plaintiff Solas OLED Ltd. (“Solas”) files this complaint against Defendant Apple Inc.
`
`(“Apple”), alleging infringement of U.S. Patent Nos. 6,072,450, 7,446,338, and 7,573,068
`
`(“Patents-in-Suit”). The accused products are Apple products with organic light-emitting diode
`
`(“OLED”) displays.
`
`Plaintiff Solas OLED and the Patents-in-Suit.
`
`1.
`
`Plaintiff Solas is a technology licensing company organized under the laws of
`
`Ireland, with its headquarters at 4-5 Burton Hall Road, Sandyford, Dublin 18.
`
`2.
`
`Solas is the owner of U.S. Patent No. 6,072,450, entitled “Display Apparatus,”
`
`which issued June 6, 2000 (the “’450 patent”). A copy of the ’450 patent is attached to this
`
`complaint as Exhibit 1.
`
`1
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 2 of 32
`
`3.
`
`Solas is the owner of U.S. Patent No. 7,446,338, entitled “Display Panel,” which
`
`issued November 4, 2008 (the “’338 patent”). A copy of the ’338 patent is attached to this
`
`complaint as Exhibit 2.
`
`4.
`
`Solas is the owner of U.S. Patent No. 7,573,068, entitled “Transistor array
`
`substrate and display panel,” which issued August 11, 2009 (the “’068 patent”). A copy of the
`
`’068 patent is attached to this complaint as Exhibit 3.
`
`Defendant and the Accused Products.
`
`5.
`
`Defendant Apple Inc. is a California corporation with regular and established
`
`places of business in this district.
`
`6.
`
`The accused products are Apple products with organic light-emitting diode
`
`(“OLED”) displays. As illustrative examples, this includes iPhone, Apple Watch, and MacBook
`
`Pro models.
`
`Jurisdiction, venue, and joinder.
`
`7.
`
`Solas asserts claims for patent infringement against Apple under the patent laws
`
`of the United States, including 35 U.S.C. §§ 271 and 281, et seq. The Court has original
`
`jurisdiction over Solas’ patent infringement claims under 28 U.S.C. §§ 1331 and 1338(a).
`
`8.
`
`The Court has personal jurisdiction over Apple. Apple has regular and established
`
`places of business within this district and has committed acts of infringement within this district
`
`(e.g., selling and using Accused Products). Apple has established minimum contacts with the
`
`State of Texas such that the exercise of jurisdiction over Apple would not offend traditional
`
`notions of fair play and substantial justice.
`
`9.
`
`Venue is proper in this district under 28 U.S.C. §1400(b) and 28 U.S.C. §§
`
`1391(c). Apple has regular and established places of business in this district at: 12545 Riata
`
`
`
`
`2
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 3 of 32
`
`Vista Cir, Austin, TX 78727; 2901 S. Capital of Texas Hwy, Austin, TX 78746; 3121 Palm Way,
`
`Austin, TX 78758; 8401 Gateway Boulevard West, El Paso, TX 79925; 15900 La Cantera
`
`Parkway, San Antonio, TX 78256; and 7400 San Pedro Avenue, San Antonio, TX 78216.
`
`Count 1 – Claim for infringement of the ’450 patent.
`
`Solas incorporates by reference each of the allegations in the above paragraphs
`
`10.
`
`and further alleges as follows:
`
`11.
`
`On June 6, 2000, the United States Patent and Trademark Office issued U.S.
`
`Patent No. 6,072,450, entitled “Display Apparatus.” Ex. 1.
`
`12.
`
`Solas is the owner of the ’450 patent with full rights to pursue recovery of
`
`royalties for damages for infringement, including full rights to recover past and future damages.
`
`13.
`
`14.
`
`Each claim of the ’450 patent is valid, enforceable, and patent-eligible.
`
`Solas and its predecessors in interest have satisfied the requirements of 35 U.S.C.
`
`§ 287(a) with respect to the ’450 patent, and Solas is entitled to damages for Apple’s past
`
`infringement.
`
`15.
`
`Apple has directly infringed (literally and equivalently) and induced others to
`
`infringe the ’450 patent and, unless enjoined, will continue to do so by making, using, selling,
`
`offering for sale, or importing products that infringe the claims of the ’450 patent and by
`
`inducing others to infringe the claims of the ’450 patent without a license or permission from
`
`Solas.
`
`
`
`Direct Infringement
`
`16.
`
`Apple has directly infringed (literally and equivalently) at least one claim of the
`
`’450 patent by making, using, offering to sell, selling, and importing the Accused Products.
`
`Apple has infringed multiple claims of the ’450 patent, including independent claim 1. By way
`
`
`
`
`3
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 4 of 32
`
`of example only, the Apple MacBook Pro infringes an exemplary claim of the ’450 patent, as in
`
`the following description, which Solas provides without the benefit of information about the
`
`accused device obtained through discovery. For example, claim 1 claims a display apparatus as
`
`follows:
`
`[1a] “a substrate;”
`
`The accused MacBook Pro laptops include Organic Light Emitting Diode (OLED) panels
`
`that include a polyimide substrate:
`
`substrate
`
`
`
`
`
`
`4
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 5 of 32
`
`[1b] “active elements formed over said substrate and driven by an externally
`
`supplied signal;”
`
`The accused MacBook Pro laptops include active elements formed over the substrate:
`
`OLED Removed/ Al Layer
`
`8
`
`7
`
`9
`
`1
`
`
`
`
`
`
`5
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 6 of 32
`
`These active elements are driven by an externally supplied signal:
`
`OLED Removed/ Al Layer
`
`
`
`[1c] “an insulation film formed over said substrate so as to cover said active
`
`elements, said insulation having at least one contact hole;”
`
`In the accused MacBook Pro laptops, an insulation film is formed over the substrate,
`
`covers the active elements, and has contact holes:
`
`
`
`
`6
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 7 of 32
`
`insulation film
`
`contact hole
`
`
`
`substrate
`
`
`
`[1d] “at least one first electrode formed on said insulation film so as to cover said
`
`active elements, and connected to said active elements through said at least one contact
`
`hole, said at least one first electrode being made of a material which shields visible light;”
`
`In the accused MacBook Pro laptops, an electrode is formed on the insulation film,
`
`covers active elements, and is connected to active elements through contact holes:
`
`
`
`
`7
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 8 of 32
`
`insulation film
`
`first
`electrode
`(anode)
`
`8
`
`7
`
`9
`
`1
`
`connected to
`
`contact hole
`
`This electrode is formed of a material which shields visible light:
`
`
`
`first
`electrode
`(anode)
`
`[1e] “an organic electroluminescent layer having an organic electroluminescent
`
`material formed on said at least one first electrode so as to cover said active elements and
`
`
`
`
`
`
`8
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 9 of 32
`
`including at least one layer which emits light in accordance with a voltage applied to said at
`
`least one layer;”
`
`In the accused MacBook Pro laptops, a layer of organic electroluminescent material is
`
`formed on the electrode, and covers active elements:
`
`organic
`electroluminescent layer
`
`first
`electrode
`(anode)
`
`
`
`This organic electroluminescent layer emits in accordance with a voltage applied to the
`
`layer using the OLED cathode and anode.
`
`[1f] “and at least one second electrode formed on said organic electroluminescent
`
`layer which covers said active elements.”
`
`In the accused MacBook Pro laptops, a second electrode is formed on the organic
`
`electroluminescent layer:
`
`
`
`
`9
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 10 of 32
`
`second electrode
`(cathode)
`
`active elements
`
`
`
`Indirect infringement
`
`
`Apple has had knowledge of the ’450 patent, from a date no later than the date it
`
`17.
`
`receives this complaint. Apple has known how the Accused Products are made and has known,
`
`or have been willfully blind to the fact, that making, using, offering to sell, and selling the
`
`accused products within the United States, or importing the Accused Products into the United
`
`States, would constitute infringement.
`
`18.
`
`Apple has induced, and continues to induce, infringement of the ’450 patent by
`
`actively encouraging others (including distributers and end customers) to use, offer to sell, sell,
`
`and import the Accused Products. On information and belief, these acts include providing
`
`information and instructions on the use of the Accused Products; providing information,
`
`education and instructions supporting sales by distributers; providing the Accused Products to
`
`distributers; and indemnifying patent infringement within the United States.
`
`
`
`
`10
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 11 of 32
`
`Damages
`
`
`Solas has been damaged by Apple’s infringement of the ’450 patent and is
`
`19.
`
`entitled to damages as provided for in 35 U.S.C. § 284, including reasonable royalty damages.
`
`Count 2 – Claim for infringement of the ’338 patent.
`
`Solas incorporates by reference each of the allegations in the above paragraphs
`
`20.
`
`and further alleges as follows:
`
`21.
`
`On November 4, 2008, the United States Patent and Trademark Office issued U.S.
`
`Patent No. 7,446,338, entitled “Flexible touch sensor.” Ex. 2.
`
`22.
`
`Solas is the owner of the ’338 patent with full rights to pursue recovery of
`
`royalties for damages for infringement, including full rights to recover past and future damages.
`
`23.
`
`24.
`
`Each claim of the ’338 patent is valid, enforceable, and patent-eligible.
`
`Solas and its predecessors in interest have satisfied the requirements of 35 U.S.C.
`
`§ 287(a) with respect to the ’338 patent, and Solas is entitled to damages for Apple’s past
`
`infringement.
`
`25.
`
`Apple has directly infringed (literally and equivalently) and induced others to
`
`infringe the ’338 patent and, unless enjoined, will continue to do so by making, using, selling,
`
`offering for sale, or importing products that infringe the claims of the ’338 patent and by
`
`inducing others to infringe the claims of the ’338 patent without a license or permission from
`
`Solas.
`
`
`
`Direct Infringement
`
`26.
`
`Apple has directly infringed (literally and equivalently) at least one claim of the
`
`’338 patent by making, using, offering to sell, selling, and importing the Accused Products.
`
`Apple has infringed multiple claims of the ’338 patent, including independent claim 1. By way
`
`
`
`
`11
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 12 of 32
`
`of example only, the Apple iPhone X infringes an exemplary claim of the ’338 patent, as in the
`
`following description, which Solas provides without the benefit of information about the accused
`
`device obtained through discovery. For example, claim 1 claims a display apparatus as follows:
`
`[1a] “a transistor array substrate which includes a plurality of pixels and comprises
`
`a plurality of transistors for each pixel, each of the transistors including a gate, a gate
`
`insulating film, a source, and a drain;”
`
`The accused iPhone X contains a transistor array substrate:
`
`transistor M1
`(cross-section
`view)
`
`The transistor array substrate includes a plurality of pixels and comprises a plurality of
`
`transistors for each pixel, each of the transistors including a gate, a gate insulating film, a source,
`
`transistor array substrate
`
`
`
`and a drain:
`
`
`
`
`12
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 13 of 32
`
`transistor
`
`source
`
`gate
`
`
`
`[1b] “a plurality of interconnections which are formed to project from a surface of
`
`the transistor array substrate, and which are arrayed in parallel to each other;”
`
`The accused iPhone X includes a plurality of interconnections which are formed to
`
`project from a surface of the transistor array substrate:
`
`interconnection
`
`project from
`
`
`
`
`
`
`13
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 14 of 32
`
`These interconnections are arrayed in parallel to each other:
`
`
`
`[1c] “a plurality of pixel electrodes for the plurality of pixels, respectively, the pixel
`
`electrodes being arrayed along the interconnections between the interconnections on the
`
`surface of the transistor array substrate;”
`
`The accused iPhone X includes a plurality of pixel electrodes for the plurality of pixels,
`
`respectively, the pixel electrodes being arrayed along the interconnections between the
`
`interconnections on the surface of the transistor array substrate:
`
`
`
`
`14
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 15 of 32
`
`[1d] “a plurality of light-emitting layers formed on the pixel electrodes,
`
`
`
`respectively;”
`
`The accused iPhone X includes a plurality of light-emitting layers formed on the pixel
`
`electrodes, respectively:
`
`
`
`
`
`
`15
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 16 of 32
`
`[1e] “and a counter electrode which is stacked on the light-emitting layers,”
`
`The accused iPhone X includes a counter electrode which is stacked on the light-emitting
`
`
`
`layers:
`
`
`
`[1f] “wherein said plurality of transistors for each pixel include a driving transistor,
`
`one of the source and the drain of which is connected to the pixel electrode, a switch
`
`transistor which makes a write current flow between the drain and the source of the
`
`
`
`
`16
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 17 of 32
`
`driving transistor, and a holding transistor which holds a voltage between the gate and
`
`source of the driving transistor in a light emission period.”
`
`In the accused iPhone X, the plurality of transistors for each pixel includes a driving
`
`transistor, one of the source and the drain of which is connected to the pixel electrode:
`
`connected
`
`pixel electrode
`contact
`
`1
`
`drain
`
`driving transistor
`
`
`
`The plurality of transistors includes a switch transistor which makes a write current flow
`
`between the drain and the source of the driving transistor:
`
`driving transistor
`
`1
`
`8
`
`switch transistor
`
`
`
`The plurality of transistors includes a holding transistor which holds a voltage between
`
`the gate and source of the driving transistor in a light emission period:
`
`
`
`
`17
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 18 of 32
`
`driving transistor
`
`1
`
`7 9
`
`holding transistor
`
`
`
`Indirect infringement
`
`
`Apple has had knowledge of the ’338 patent, from a date no later than the date it
`
`27.
`
`receives this complaint. Apple has known how the Accused Products are made and has known,
`
`or have been willfully blind to the fact, that making, using, offering to sell, and selling the
`
`accused products within the United States, or importing the Accused Products into the United
`
`States, would constitute infringement.
`
`28.
`
`Apple has induced, and continues to induce, infringement of the ’338 patent by
`
`actively encouraging others (including distributers and end customers) to use, offer to sell, sell,
`
`and import the Accused Products. On information and belief, these acts include providing
`
`information and instructions on the use of the Accused Products; providing information,
`
`education and instructions supporting sales by distributers; providing the Accused Products to
`
`distributers; and indemnifying patent infringement within the United States.
`
`Damages
`
`
`Solas has been damaged by Apple’s infringement of the ’338 patent and is
`
`29.
`
`entitled to damages as provided for in 35 U.S.C. § 284, including reasonable royalty damages.
`
`
`
`
`18
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 19 of 32
`
`Count 3 – Claim for infringement of the ’068 patent.
`
`Solas incorporates by reference each of the allegations in the above paragraphs
`
`30.
`
`and further alleges as follows:
`
`31.
`
`On August 11, 2009, the United States Patent and Trademark Office issued U.S.
`
`Patent No. 7,573,068, entitled “Transistor array substrate and display panel.” Ex. 3.
`
`32.
`
`Solas is the owner of the ’068 patent with full rights to pursue recovery of
`
`royalties for damages for infringement, including full rights to recover past and future damages.
`
`33.
`
`34.
`
`Each claim of the ’068 patent is valid, enforceable, and patent-eligible.
`
`Solas and its predecessors in interest have satisfied the requirements of 35 U.S.C.
`
`§ 287(a) with respect to the ’068 patent, and Solas is entitled to damages for Apple’s past
`
`infringement.
`
`35.
`
`Apple has directly infringed (literally and equivalently) and induced others to
`
`infringe the ’068 patent and, unless enjoined, will continue to do so by making, using, selling,
`
`offering for sale, or importing products that infringe the claims of the ’068 patent and by
`
`inducing others to infringe the claims of the ’068 patent without a license or permission from
`
`Solas.
`
`
`
`
`
`
`
`
`19
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 20 of 32
`
`
`
`Direct Infringement
`
`36.
`
`Apple has directly infringed (literally and equivalently) at least one claim of the
`
`’068 patent, and continue to do so, by making, using, offering to sell, selling, and importing the
`
`Accused Products. By way of example only, the Apple Watch Series 3 infringes an exemplary
`
`claim of the ’068 patent, as in the following description, which Solas provides without the
`
`benefit of information about the accused device obtained through discovery. For example, claim
`
`13 claims a display panel as follows:
`
`“A display panel comprising: a substrate.”
`
`For example, the Apple Watch Series 3 has a display panel comprising a substrate, as
`
`shown below.
`
`
`
`
`
`
`
`
`
`
`Display panel
`
`
`
`20
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 21 of 32
`
`
`
`
`
`
`Substrate
`
`
`
`
`
`“a plurality of driving transistors which are arrayed in a matrix on the substrate,
`
`each of the driving transistors having a gate, a source, a drain, and a gate insulating film
`
`inserted between the gate, and the source and drain.”
`
`
`
`
`21
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 22 of 32
`
`For example, the display panel of the Apple Watch Series 3 comprises a plurality of
`
`driving transistors arrayed in a matrix on the substrate, each having a gate, a source, a drain, and
`
`a gate insulating film between the gate, and the source and drain, as shown below.
`
`
`
`
`
`
`Driving transistors
`
`arrayed in a matrix
`
`
`
`Gate insulating film
`
`
`
`
`
`22
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 23 of 32
`
`“a plurality of signal lines which are patterned together with the gates of said
`
`plurality of driving transistors and arrayed to run in a predetermined direction on the
`
`substrate.”
`
`For example, the display panel of the Apple Watch Series 3 comprises a plurality of
`
`signal lines that are patterned together with the gates of the driving transistors and arrayed to run
`
`in a predetermined direction on the substrate, as shown below.
`
`
`
`
`
`“a plurality of supply lines which are patterned together with the sources and drains
`
`of said plurality of driving transistors and arrayed to cross said plurality of signal lines via
`
`the gate insulating film, one of the source and the drain of each of driving transistors being
`
`electrically connected to one of the supply lines.”
`
`For example, the display panel of the Apple Watch Series 3 comprises a plurality of
`
`supply lines that are patterned together with the sources and drains of the driving transistors and
`
`arrayed to cross the signal lines via the gate insulating film, where one of the source and the
`
`drain of the driving transistors are electrically connected to one of the supply lines, as shown
`
`below.
`
`
`
`
`23
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 24 of 32
`
`Signal lines
`
`Supply lines
`
`Crossing
`signal lines
`
`
`
`
`
`
`
`
`24
`
`
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 25 of 32
`
` “a plurality of feed interconnections which are connected to said plurality of supply
`
`lines along said plurality of supply lines.”
`
`For example, the display panel of the Apple Watch Series 3 comprises a plurality of feed
`
`interconnections which are connected to the supply lines along the supply lines, as shown below.
`
`
`
`
`
`
`
`
`
`
`25
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 26 of 32
`
`
`
`Supply lines
`
`
`
`Feed
`interconnections
`
`
`
`
`
`
`26
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 27 of 32
`
`“a plurality of pixel electrodes each of which is electrically connected to the other of
`
`the source and the drain of a corresponding one of said plurality of driving transistors.”
`
`For example, the display panel of the Apple Watch Series 3 comprises a plurality of pixel
`
`electrodes that are electrically connected to the other of the source and the drain of
`
`corresponding driving transistors, as shown below.
`
`Pixel electrodes
`
`“a plurality of light-emitting layers which are formed on said plurality of pixel
`
`
`
`electrodes, respectively.”
`
`For example, the display panel of the Apple Watch Series 3 comprises a plurality of light-
`
`emitting layers that are formed on the pixel electrodes respectively, as shown below.
`
`
`
`
`27
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 28 of 32
`
`Light-emitting
`layers
`
`
`
`
`
`
`
`
`
`
`
`
`28
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 29 of 32
`
`“a counter electrode which covers said plurality of light-emitting layers.”
`
`For example, the display panel of the Apple Watch Series 3 comprises a counter
`
`electrode that covers the light-emitting layers, as shown below.
`
`Counter
`electrode
`
`
`
`
`
`Light-emitting
`layer
`
`
`
`Indirect infringement
`
`
`Apple has had knowledge of the ’068 patent, from a date no later than the date it
`
`37.
`
`receives this complaint. Apple has known how the Accused Products are made and has known,
`
`or have been willfully blind to the fact, that making, using, offering to sell, and selling the
`
`accused products within the United States, or importing the Accused Products into the United
`
`States, would constitute infringement.
`
`
`
`29
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 30 of 32
`
`38.
`
`Apple has induced, and continues to induce, infringement of the ’068 patent by
`
`actively encouraging others (including distributers and end customers) to use, offer to sell, sell,
`
`and import the Accused Products. On information and belief, these acts include providing
`
`information and instructions on the use of the Accused Products; providing information,
`
`education and instructions supporting sales by distributers; providing the Accused Products to
`
`distributers; and indemnifying patent infringement within the United States.
`
`Damages
`
`
`Solas has been damaged by Apple’s infringement of the ’068 patent and is
`
`39.
`
`entitled to damages as provided for in 35 U.S.C. § 284, including reasonable royalty damages.
`
`Jury demand.
`
`40.
`
`Solas demands trial by jury of all issues.
`
`Relief requested.
`
`Solas prays for the following relief:
`
`A.
`
`A judgment in favor of Solas that Apple has infringed the ’450 patent, the ’338
`
`patent, and the ’068 patent and that the ’450 patent, the ’338 patent, and the ’068 patent are valid,
`
`enforceable, and patent-eligible;
`
`B.
`
`A judgment and order requiring Apple to pay Solas all damages provided for
`
`under 35 U.S.C. § 284, including compensatory damages, costs, expenses, and pre- and post-
`
`judgment interest for its infringement of the asserted patents;
`
`D.
`
`A permanent injunction prohibiting Apple from further acts of infringement of the
`
`’450 patent, the ’338 patent, and ’068 patent;
`
`E.
`
`A judgment and order requiring Apple to provide an accounting and to pay
`
`supplemental damages to Solas, including, without limitation, pre-judgment and
`
`
`
`
`30
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 31 of 32
`
`post-judgment interest;
`
`F.
`
`A finding that this case is exceptional under 35 U.S.C. § 285, and an award of
`
`Solas’ reasonable attorney’s fees and costs; and
`
`G.
`
`Any and all other relief to which Solas may be entitled.
`
`Dated: September 12, 2019
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Reza Mirzaie
`Marc Fenster
`CA State Bar No. 181067
`Reza Mirzaie
`CA State Bar No. 246953
`Neil A. Rubin
`CA State Bar No. 250761
`Kent N. Shum
`CA State Bar No. 259189
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Telephone: 310-826-7474
`Email: mfenster@raklaw.com
`Email: rmirzaie@raklaw.com
`Email: nrubin@raklaw.com
`Email: kshum@raklaw.com
`
`Sean A. Luner
`CA State Bar No. 165443
`Gregory S. Dovel
`CA State Bar No. 135387
`Jonas B. Jacobson
`CA State Bar No. 269912
`DOVEL & LUNER, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Email: sean@dovel.com
`Email: greg@dovel.com
`Email: jonas@dovel.com
`
`
`
`
`
`31
`
`
`
`Case 6:19-cv-00537-ADA Document 1 Filed 09/12/19 Page 32 of 32
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`Andrea L. Fair
`Texas State Bar No. 24078488
`WARD, SMITH & HILL, PLLC
`PO Box 1231
`Longview, Texas 75606-1231
`(903) 757-6400 (telephone)
`(903) 757-2323 (facsimile)
`E-mail: jw@wsfirm.com
`E-mail: claire@wsfirm.com
`E-mail: andrea@wsfirm.com
`
`ATTORNEYS FOR PLAINTIFF,
`SOLAS OLED, LTD.
`
`32
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
