Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 1 of 10
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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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`APPLE, INC.,
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`Defendant.
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST APPLE, 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 Apple, 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. 9,823,784 (“’784 Patent”); 7,821,502 (“’502 Patent”); and
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`10,146,351 (“’351 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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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 2 of 10
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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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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 3 of 10
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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 Apple Inc. is a publicly traded corporation
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`organized under the laws of the State of California, with its principal place of business at One
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`Apple Park Way, Cupertino, CA 95014.
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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). 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, importing, offering to sell, and selling products that infringe the asserted patents.
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`Defendant has regular and established places of businesses in this District, including at 12545
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`Riata Vista Cir., Austin, Texas 78727; 12801 Delcour Dr., Austin, Texas 78727; and 3121 Palm
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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 4 of 10
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`Way, Austin, Texas 78758.1
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 9,823,784
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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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`9,823,784, entitled “Capacitive Touch Screen with Noise Suppression.” The ’784 Patent was duly
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`and legally issued by the United States Patent and Trademark Office on November 21, 2017. A
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`true and correct copy of the ’784 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”), including smartphones and tablets such as the
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`Apple iPhone 11 Pro Max and Apple iPad Pro 3rd Gen 12.9, that directly infringe, literally and/or
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`under the doctrine of equivalents, claims 1-3 of the ’784 Patent.
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`14.
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`Defendant also knowingly and intentionally induces infringement of claims 1-3 of
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`the ’784 Patent in violation of 35 U.S.C. §271 (b). Through the filing and service of this Complaint,
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`Defendant has had knowledge of the ’784 Patent and the infringing nature of the Accused Products.
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`Despite this knowledge of the ’784 Patent, Defendant continues to actively encourage and instruct
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`its customers and end users (for example, through user manuals and online instruction materials
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`on its website) to use the Accused Products in ways that directly infringe the ’784 Patent.
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`Defendant does so knowing and intending that its customers and end users will commit these
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`1 See, e.g., https://www.apple.com/newsroom/2019/11/apple-expands-in-austin/;
`https://goo.gl/maps/8Cr3zaxvwpePsWwL6; https://goo.gl/maps/UWFYdgUfZVFr8FG26;
`https://www.apple.com/retail/domainnorthside/.
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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 5 of 10
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’784 Patent, thereby specifically intending for and
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`inducing its customers to infringe the ’784 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`15.
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`The Accused Products satisfy all claim limitations of claims 1-3 of the ’784 Patent.
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`Claim charts comparing independent claim 1 of the ’784 Patent to representative Accused
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`Products, the Apple iPhone 11 Pro Max and Apple iPad Pro 3rd Gen 12.9, are attached as Exhibits
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`2 and 3.
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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 ’784
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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 ’784 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 ’784 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. 7,821,502
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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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`7,821,502 (the “’502 Patent”), entitled “Two-Dimensional Position Sensor.” The ’502 Patent was
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`duly and legally issued by the United States Patent and Trademark Office on October 26, 2010. A
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`true and correct copy of the ’502 Patent is attached as Exhibit 4.
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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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`imports certain products (“Accused Products”), including smartphones and tablets such as the
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`Apple iPad Pro 3rd Gen 12.9, that directly infringe, literally and/or under the doctrine of
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`equivalents, claims 1-24 of the ’502 Patent.
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`22.
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`Defendant also knowingly and intentionally induces infringement of claims 1-24 of
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`the ’502 Patent in violation of 35 U.S.C. §271 (b). Through the filing and service of this Complaint,
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`Defendant has had knowledge of the ’502 Patent and the infringing nature of the Accused Products.
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`Despite this knowledge of the ’502 Patent, Defendant continues to actively encourage and instruct
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`its customers and end users (for example, through user manuals and online instruction materials
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`on its website) to use the Accused Products in ways that directly infringe the ’502 Patent.
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`Defendant does so knowing and intending that its customers and end users will commit these
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’502 Patent, thereby specifically intending for and
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`inducing its customers to infringe the ’502 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`23.
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`The Accused Products satisfy all claim limitations of claims 1-24 of the ’502 Patent.
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`A claim chart comparing independent claim 1 of the ’502 Patent to representative Accused
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`Product, the Apple iPad Pro 3rd Gen 12.9, is attached as Exhibit 5.
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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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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 7 of 10
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`the Accused Products, Defendant has injured Neodron and is liable for infringement of the ’502
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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 ’502 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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`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 ’502 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. 10,146,351
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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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`10,146,351 (the “’351 Patent”), entitled “Position-Sensing and Force Detection Panel.” The ’351
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`Patent was duly and legally issued by the United States Patent and Trademark Office on December
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`4, 2018. A true and correct copy of the ’351 Patent is attached as Exhibit 6.
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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”), including smartphones and laptops such as the
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`Apple iPhone Xs and Apple Macbook Pro 13, that directly infringe, literally and/or under the
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`doctrine of equivalents, claims 1-10 of the ’351 Patent.
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`30.
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`Defendant also knowingly and intentionally induces infringement of claims 1-10 of
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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 8 of 10
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`the ’351 Patent in violation of 35 U.S.C. §271 (b). Through the filing and service of this Complaint,
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`Defendant has had knowledge of the ’351 Patent and the infringing nature of the Accused Products.
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`Despite this knowledge of the ’351 Patent, Defendant continues to actively encourage and instruct
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`its customers and end users (for example, through user manuals and online instruction materials
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`on its website) to use the Accused Products in ways that directly infringe the ’351 Patent.
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`Defendant does so knowing and intending that its customers and end users will commit these
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’351 Patent, thereby specifically intending for and
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`inducing its customers to infringe the ’351 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`31.
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`The Accused Products satisfy all claim limitations of claims 1-10 of the ’351 Patent.
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`Claim charts comparing independent claim 1 of the ’351 Patent to representative Accused
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`Products, the Apple iPhone Xs and Apple Macbook Pro 13, are attached as Exhibits 7-8.
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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 ’351
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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 ’351 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 ’351 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`8
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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 9 of 10
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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 ’784 Patent, the ’502 Patent, and the ’351 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 ’784 Patent, the ’502 Patent, and the ’351 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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`expenses, and pre-judgment and post-judgment interest for Defendant’s infringement of the ’784
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`Patent, the ’502 Patent, and the ’351 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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`Case 6:20-cv-00212-ADA Document 1 Filed 03/23/20 Page 10 of 10
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`Dated: March 23, 2020
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`Respectfully submitted,
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`/s/ Reza Mirzaie
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`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
`Kent N. Shum (CA SBN 259189)
`kshum@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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