Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 1 of 11
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 2 of 11
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`Case No. 2:19-cv-00152-JRG
`
`Plaintiff,
`
`
`
`v.
`
`SOLAS OLED LTD.,
`
`
`
`
`
`SAMSUNG DISPLAY CO., LTD., et al.,
`
`
`
`
`
`Defendants.
`
`PLAINTIFF SOLAS OLED LIMITED’S DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Pursuant to P.R. 3-1 and P.R. 3-2, patent owner Solas OLED Limited hereby
`
`provides its disclosure of asserted claims and infringement contentions and its ac-
`
`companying document production. This disclosure is based on the information
`
`available to Solas as of the date of this disclosure, before Solas has received any
`
`discovery on the design or operation of the defendants’ products. Solas reserves the
`
`right to amend this disclosure to the full extent permitted under the court’s rules
`
`and orders.
`
`I.
`
`P.R. 3-1: DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
`A.
`
`P.R. 3-1(a): Asserted Claims
`
`Solas asserts that defendants Samsung Display Co., Ltd.; Samsung Electronics
`
`America, Inc.; and Samsung Electronics Co., Ltd. (collectively “Samsung”) infringe
`
`one or more of the following claims, directly, by inducement, by contributory in-
`
`fringement:
`
`1
`
`
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 3 of 11
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`U.S. Patent No.
`
`Asserted Claims
`
`6,072,450
`
`7,446,338
`
`1, 3–6, 8, 12, 13, 15, 16
`
`1, 5, 6, 9, 10
`
`9,256,311
`
`1, 2, 4–8, 10–13, 15, 16, 18–20
`
`Collectively, these three patents are referred to herein as the Asserted Patents,
`
`and these claims as the Asserted Claims.
`
`B.
`
`P.R. 3-1(b): Accused Instrumentalities of Which Solas Is
`Aware
`
`In this section, Solas provides lists of accused products that Solas is aware of
`
`infringing based upon information presently available to it and its investigation to
`
`date. Solas’s infringement claims are not limited to these listed products and specif-
`
`ically extend to all products and apparatuses of Samsung similar to the listed prod-
`
`ucts that
`
`include the claimed elements. Unless otherwise stated, Solas’s
`
`infringement assertion apply to all variations, versions, editions, and applications of
`
`each of the listed products.
`
`1.
`
`U.S. Patent No. 6,072,450
`
`Solas accuses the following Samsung products that it is presently aware of in-
`
`fringing each of the Asserted Claims of the ’450 patent:
`
`Samsung Galaxy S4
`Samsung Galaxy S5
`Samsung Galaxy S6
`Samsung Galaxy S6 Edge
`Samsung Galaxy S6 Edge+
`Samsung Galaxy S7
`Samsung Galaxy S7 Edge
`Samsung Galaxy S8
`Samsung Galaxy S8+
`Samsung Galaxy Note 3
`Samsung Galaxy Note 3 Neo
`Samsung Galaxy Note 4
`
`2
`
`
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 4 of 11
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`Samsung Galaxy Note Edge
`Samsung Galaxy Note 5
`Samsung Galaxy Note 7
`Samsung Galaxy Note 8
`
`In addition, Solas accuses the Organic Light-Emitting Diode (OLED) displays
`
`made and sold by Samsung and utilized in the following third-party products that
`
`it is presently aware of infringing each of the Asserted Claims of the ’450 patent:
`
`Apple MacBook Pro with OLED Touch Bar
`Dell Venue 8 7000 series
`Google Pixel
`Google Pixel XL
`Sony PlayStation VR
`
`The Samsung products—and the Samsung displays contained in the third-
`
`party products—in the preceding two lists; all variations, editions, and applications
`
`of the foregoing; and all products and apparatuses of Samsung similar to the fore-
`
`going that include the claimed elements are the ’450 Accused Instrumentalities.
`
`2.
`
`U.S. Patent No. 7,446,338
`
`Solas accuses the following Samsung products that it is presently aware of in-
`
`fringing each of the Asserted Claims of the ’338 patent:
`
`Samsung Galaxy S4
`Samsung Galaxy S8
`Samsung Galaxy S8+
`Samsung Galaxy S9
`Samsung Galaxy S9+
`Samsung Galaxy S10
`Samsung Galaxy S10+
`Samsung Galaxy S10e
`Samsung Galaxy S10 5G
`Samsung Galaxy Note 8
`Samsung Galaxy Note 9
`Samsung Galaxy Note 10
`Samsung Galaxy Note 10+
`
`
`3
`
`
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 5 of 11
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`In addition, Solas accuses the Organic Light-Emitting Diode (OLED) displays
`
`made and sold by Samsung and utilized in the following third-party products that
`
`it is presently aware of infringing each of the Asserted Claims of the ’338 patent:
`
`Apple iPhone X
`Apple iPhone XS
`Apple iPhone XS Max
`Apple iPhone 11 Pro
`Apple iPhone 11 Pro Max
`Google Pixel
`Google Pixel XL
`Google Pixel 3 XL
`Google Pixel 3a
`Google Pixel 3a XL
`
`The Samsung products—and the Samsung displays contained in the third-
`
`party products—in the preceding two lists; all variations, editions, and applications
`
`of the foregoing; and all products and apparatuses of Samsung similar to the fore-
`
`going that include the claimed elements are the ’338 Accused Instrumentalities.
`
`3.
`
`U.S. Patent No. 9,256,311
`
`Solas accuses the following Samsung products that it is presently aware of in-
`
`fringing each of the Asserted Claims of the ’311 patent:
`
`Samsung Galaxy S6 Edge
`Samsung Galaxy S6 Edge+
`Samsung Galaxy S7 Edge
`Samsung Galaxy S8
`Samsung Galaxy S8+
`Samsung Galaxy S9
`Samsung Galaxy S9+
`Samsung Galaxy S10
`Samsung Galaxy S10+
`Samsung Galaxy S10e
`Samsung Galaxy S10 5G
`Samsung Galaxy Note 8
`Samsung Galaxy Note 9
`Samsung Galaxy Note 10
`Samsung Galaxy Note 10+
`
`
`4
`
`
`
`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 6 of 11
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`The Samsung products—and the Samsung displays contained in the third-
`
`party products—in the preceding two lists; all variations, editions, and applications
`
`of the foregoing; and all products and apparatuses of Samsung similar to the fore-
`
`going that include the claimed elements are the ’311 Accused Instrumentalities.
`
`The ’450 Accused Instrumentalities, ’338 Accused Instrumentalities, and ’311 Ac-
`
`cused Instrumentalities collectively are the Accused Instrumentalities.
`
`C.
`
`P.R. 3-1(c): Claim Charts
`
`Solas’s analysis of Samsung’s products and apparatuses is based upon infor-
`
`mation that is publicly available and based on Solas’s own investigation prior to any
`
`discovery in this action.
`
`While the publicly available information constitutes evidence of the methods
`
`and apparatuses used by Solas in the Accused Instrumentalities, direct evidence of
`
`the actual apparatuses and methods are at times not publicly available. Accordingly,
`
`these infringement contentions are based on the available public information, la-
`
`boratory analysis and reasonable inferences drawn from that information.
`
`Solas reserves the right to amend or supplement these disclosures for any of
`
`the following reasons (along with any other reason that may be permitted under the
`
`court’s rules and orders):
`
`(1) Samsung provides evidence of the apparatuses and methods used in the
`
`Accused Instrumentalities;
`
`(2) The Asserted Claims may include elements that involve features that are
`
`implemented by hardware structures and logic and Solas’s current posi-
`
`tions on infringement are set forth without the benefit of access to Defend-
`
`ant’s source code, schematics, drawings, or other proprietary specifications
`
`5
`
`
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 7 of 11
`
`or information, which cannot be obtained through publicly available infor-
`
`mation, for the Accused Instrumentalities. Therefore, it may be necessary
`
`for Solas to supplement its positions on infringement after a complete pro-
`
`duction of such proprietary specifications or information by Samsung;
`
`(3) Solas’s position on infringement of specific claims will depend on the claim
`
`constructions adopted by the Court. Because said constructions have not
`
`yet occurred, Solas cannot take a final position on the bases for infringe-
`
`ment of the Asserted Claims; and
`
`(4) Solas’s investigation and analysis of Samsung’s Accused Instrumentalities
`
`are based upon information made publicly available by Samsung and by
`
`Solas’s own investigations. Solas reserves the right to amend these conten-
`
`tions based upon discovery of non-public information that Solas anticipates
`
`receiving from Samsung during discovery.
`
`Attached as Exhibits A through C, and incorporated herein in their entirety,
`
`are charts identifying where each element of the Asserted Claims of the ’450, ’338,
`
`and ’311 patents are found in the Accused Instrumentalities.
`
`Unless otherwise indicated, the information provided that corresponds to each
`
`claim element is considered to indicate that each claim element is found within each
`
`of the different variations, versions, editions, and applications of each respective
`
`Accused Instrumentalities.
`
`D.
`
`P.R. 3-1(d): Literal Infringement and Doctrine of Equivalents
`
`With respect to the patents at issue, Solas contends that each element of each
`
`Asserted Claim is literally present. In the alternative, Solas contends that certain
`
`elements are present under the doctrine of equivalents, as set forth in its P.R. 3-1(c)
`
`6
`
`
`
`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 8 of 11
`
`claim charts. To the extent that Samsung identifies elements of the Asserted Claims
`
`that it contends are not literally present in the Accused Instrumentalities, Solas con-
`
`tends that such elements are present under the doctrine of equivalents.
`
`E.
`
`P.R. 3-1(e): Priority Dates
`
`U.S. Patent No.
`
`Priority Date
`
`6,072,450
`
`7,446,338
`
`9,256,311
`
`November 28, 1996
`
`September 29, 2004
`
`October 28, 2011
`
`F.
`
`P.R. 3-1(f): Identification of Instrumentalities Practicing the
`Claimed Invention
`
`Solas does not presently assert that its own apparatuses, products, devices, pro-
`
`cesses, methods, acts, or other instrumentalities practice the claimed inventions. So-
`
`las reserves the right to supplement this response should further investigation,
`
`discovery, or the court’s claim construction rulings make such supplementation ap-
`
`propriate.
`
`II.
`
`P.R. 3-2: DOCUMENT PRODUCTION ACCOMPANYING
`DISCLOSURE
`
`A.
`
`P.R. 3-2(a) Documents
`
`Solas is presently unaware of any documents that evidence any discussion with,
`
`disclosure to, or other manner of providing to a third party, or sale of or offer to
`
`sell, any of the inventions claimed in the patents in suit prior to their respective
`
`application dates.
`
`A diligent search continues for documents, and Solas reserves the right to sup-
`
`plement this response.
`
`7
`
`
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 9 of 11
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`B.
`
`P.R. 3-2(b) Documents
`
`Solas is presently unaware of any documents that evidence the conception,
`
`reduction to practice, design, or development of the claimed inventions, which were
`
`created on or before the application dates of the patents in suit or priority date
`
`identified pursuant to P.R. 3-1(e).
`
`A diligent search continues for documents, and Solas reserves the right to sup-
`
`plement this response.
`
`C.
`
`P.R. 3-2(c) Documents
`
`The file histories for the ’338 and ’311 patents may be found in Solas’s pro-
`
`duction at SOLAS_SAMSUNG_0000001–SOLAS_SAMSUNG_0000970. Solas
`
`has ordered a copy of the file history for the ’450 patent and is awaiting its delivery.
`
`Solas will supplement its document production when the ’450 file history arrives.
`
`
`
`Dated: October 7, 2019
`
`
`
` /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 Boulevard, 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
`
`8
`
`
`
`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 10 of 11
`
`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
`
`T. John Ward, Jr.
`TX State Bar No. 00794818
`Claire Abernathy Henry
`TX State Bar No. 24053063
`Andrea L. Fair
`TX State Bar No. 24078488
`WARD, SMITH & HILL, PLLC
`PO Box 1231
`Longview, Texas 75606
`Telephone: 903-757-6400
`Email: jw@wsfirm.com
`Email: claire@wsfirm.com
`Email: andrea@wsfirm.com
`
`ATTORNEYS
`FOR PLAINTIFF,
`SOLAS OLED LTD.
`
`9
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`
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`Case 6:19-cv-00537-ADA Document 48-19 Filed 06/25/20 Page 11 of 11
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`CERTIFICATE OF SERVICE
`
`I certify that “Plaintiff Solas OLED Limited’s Disclosure of Asserted Claims
`
`and Infringement Contentions” and the exhibits thereto were served on October 7,
`
`2019 by email sent to:
`
`Melissa R. Smith
`GILLAM SMITH LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: 903.934.8450
`Email: melissa@gillamsmithlaw.com
`
`Robert T. Haslam
`COVINGTON & BURLING, LLP
`3000 El Camino Real
`5 Palo Alto Square, 10th Floor
`Palo Alto, CA 94306
`Email: rhaslam@cov.com
`
`Attorney for Defendants Samsung Display Co., Ltd.; Samsung
`Electronics America, Inc.; and Samsung Electronics Co., Ltd.
`
` /s/ Reza Mirzaie
`
`
`
`
`
`
`
`
`10
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`
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