Case 6:21-cv-00547 Document 1 Filed 05/28/21 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`Case No.
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`NEODRON LTD.,
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`v.
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`JURY TRIAL DEMANDED
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`STMICROELECTRONICS N.V.;
`STMICROELECTRONICS, INC.;
`STMICROELECTRONICS (NORTH
`AMERICA) HOLDING, INC.,
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`Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STMICROELECTRONICS N.V., STMICROELECTRONICS, INC., AND
`STMICROELECTRONICS (NORTH AMERICA) HOLDING, 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”) makes
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`the following allegations against Defendants STMicroelectronics N.V., STMicroelectronics, Inc.,
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`and STMicroelectronics (North America) Holding, Inc. (collectively “STMicroelectronics” or
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`“Defendants”):
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`INTRODUCTION
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`1.
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`This complaint arises from STMicroelectronics’s unlawful infringement of the
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`following United States patent owned by Neodron, which generally relate to touchscreen
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`technology: United States Patent No. 8,749,251 (“’251 patent” or “Asserted Patent”).
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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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`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
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`in U.S.
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`investments
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`to develop, and which are
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`infringed by
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`STMicroelectronics’s accused 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 at
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`Suite 23, The Hyde Building, Carrickmines, Dublin 18, Ireland. Neodron is the sole owner by
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`assignment of all right, title, and interest in the Asserted Patent.
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`7.
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`On information and belief, Defendant STMicroelectronics N.V. is a corporation
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`organized under the laws of Switzerland, with its principal place of business at 39 Chemin du
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`Champ-des-Filles, Plan-Les-Ouates, Geneva, CH 1228, Switzerland.
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`8.
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`On information and belief, Defendant STMicroelectronics, Inc. is a corporation
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`organized under the laws of the State of Delaware, with its principal place of business at 39 Chemin
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`du Champ-des-Filles, Plan-Les-Ouates, Geneva, CH 1228, Switzerland.
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`9.
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`On information and belief, Defendant STMicroelectronics (North America)
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`Holding, Inc. is a corporation organized under the laws of the State of Delaware, with its principal
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`place of business at 39 Chemin du Champ-des-Filles, Plan-Les-Ouates, Geneva, CH 1228,
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`Switzerland.
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`JURISDICTION AND VENUE
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`10.
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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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`11.
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`This Court has personal jurisdiction over STMicroelectronics in this action because
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`STMicroelectronics has committed acts within this District giving rise to this action, and has
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`established minimum contacts with this forum such that the exercise of jurisdiction over
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`STMicroelectronics would not offend traditional notions of fair play and substantial justice.
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`STMicroelectronics, directly and through subsidiaries or intermediaries, has committed and
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`continues to commit acts of infringement in this District by, among other things, importing,
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`offering to sell, and selling products that infringe the asserted patents.
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`12.
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`Venue is proper in this District under 28 U.S.C. §1400(b). Upon information and
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`belief, STMicroelectronics has transacted business in this District and has committed acts of direct
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`and indirect infringement in this District by, among other things, importing, offering to sell, and
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`selling products that infringe the asserted patents. STMicroelectronics, Inc. is also registered to do
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`business in Texas. STMicroelectronics has regular and established places of businesses in this
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`District, including at 8501 N. Mopac Expy, Suite 420, Austin, Texas 78757. See Exhibit 1.
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`13.
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`Furthermore, venue is proper as to a foreign defendant in any district. 28 U.S.C.
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`§ 1391(c)(3); In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018). Defendant STMicroelectronics
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`N.V. is foreign corporation organized under the laws of Switzerland, with its principal place of
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`business in Switzerland.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,749,251
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`14.
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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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`15.
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`The ’251 Patent, titled “Capacitive Keyboard with Position Dependent Reduced
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`Keying Ambiguity,” issued on June 10, 2014, naming Harald Philipp and Kevin Snoad as the
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`inventors. The ’251 Patent is based on U.S. Patent Application No. 13/116,764, filed May 26,
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`2011, which is a continuation of U.S. Patent Application No. 12/179,769 (now U.S. Patent No.
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`7,952,366), filed July 25, 2008, which claims priority to U.S. Provisional Application No.
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`60/952,053, filed July 26, 2007. A true and correct copy of the ’251 Patent is attached as Exhibit
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`2. Neodron owns by assignment all rights, title, and interest in the ’251 Patent.
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`16.
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`On information and belief, STMicroelectronics makes, uses, offers for sale, sells,
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`and/or imports certain products (“Accused Products”) that directly infringe, literally and/or under
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`the doctrine of equivalents, claims 1-20 of the ’251 Patent. The Accused Products include ST
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`products
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`implementing Environment Change System,
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`including without
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`limitation
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`the
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`STM8L1xx, STM8TL5x, STM32L1xx, STM32F0xx, and STM32F3xx series, as well as
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`evaluation and discovery boards implementing that technology, including without limitation
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`STM32072B-EVAL,
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`STM32303C-EVAL,
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`STM32303E-EVAL,
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`STM32L476G-EVAL,
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`STM32L4R9I-EVAL, STM32L552E-EVAL, 32F072BDISCOVERY, 32L0538DISCOVERY,
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`and 32L152CDISCOVERY.
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`17.
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`STMicroelectronics also knowingly and intentionally induces infringement of
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`claims 1-20 of the ’251 Patent in violation of 35 U.S.C. §271 (b). Through the filing and service
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`of this Complaint, STMicroelectronics has had knowledge of the ’251 Patent and the infringing
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`nature of the Accused Products. Despite this knowledge of the ’251 Patent, STMicroelectronics
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`continues to actively encourage and instruct its customers and end users (for example, through
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`user manuals and online instruction materials on its website) to use the Accused Products in ways
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`that directly infringe the ’251 Patent. STMicroelectronics does so knowing and intending that its
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`customers and end users will commit these infringing acts. STMicroelectronics also continues to
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`make, use, offer for sale, sell, and/or import the Accused Products, despite its knowledge of the
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`’251 Patent, thereby specifically intending for and inducing its customers to infringe the ’251
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`Patent through the customers’ normal and customary use of the Accused Products.
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`18.
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`The Accused Products satisfy all claim limitations of claims 1-20 of the ’251 Patent.
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`A claim chart comparing independent claims 1, 10, and 16 of the ’251 Patent to a representative
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`Accused Product, the STM32F3 microcontroller (“STM32 MCU”), is attached as Exhibit 3.
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`19.
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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, STMicroelectronics has injured Neodron and is liable for infringement of
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`the ’251 Patent pursuant to 35 U.S.C. §271.
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`20.
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`As a result of STMicroelectronics’s infringement of the ’251 Patent, Neodron is
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`entitled to monetary damages in an amount adequate to compensate for STMicroelectronics’s
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`infringement, but in no event less than a reasonable royalty for the use made of the invention by
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`STMicroelectronics, together with interest and costs as fixed by the Court.
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`21.
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`STMicroelectronics’s infringing activities have injured and will continue to injure
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`Neodron, unless and until this Court enters an injunction prohibiting further infringement of
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`the ’251 Patent, and, specifically, enjoining further manufacture, use, sale, importation, and/or
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`offers for sale that 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 STMicroelectronics has infringed, either
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`literally and/or under the doctrine of equivalents, the ’251 Patent;
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`b.
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`A permanent injunction prohibiting STMicroelectronics from further acts of
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`infringement of the ’251 Patent;
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`c.
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`A judgment and order requiring STMicroelectronics to pay Neodron its damages,
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`costs, expenses, and pre-judgment and post-judgment interest for STMicroelectronics’s
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`infringement of the ’251 Patent; and
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`d.
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`A judgment and order requiring STMicroelectronics to provide an accounting and
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`to pay supplemental damages to Neodron, including without limitation, pre-judgment and post-
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`judgment 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
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`STMicroelectronics; and
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`f.
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`Any and all other relief as the Court may deem appropriate and just under the
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`circumstances.
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`DEMAND FOR JURY TRIAL
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`Neodron, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
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`any issues so triable by right.
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`Dated: May 28, 2021
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`Respectfully submitted,
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`/s/ Reza Mirzaie
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`Reza Mirzaie (CA Bar No. 246953)
`Kristopher Davis (CA Bar No. 329627)
`C. Jay Chung (CA Bar No. 252794)
`Christian W. Conkle (CA SBN 306374)
`Jonathan Ma (CA Bar No. 312773)
`Amy E. Hayden (CA Bar No. 287026)
`Philip X. Wang (CA Bar No. 262239)
`RUSS, AUGUST & KABAT
`12424 Wilshire Blvd., 12th Floor
`Los Angeles, CA 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`rmirzaie@raklaw.com
`kdavis@raklaw.com
`jchung@raklaw.com
`cconkle@raklaw.com
`jma@raklaw.com
`ahayden@raklaw.com
`pwang@raklaw.com
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`Attorneys for Plaintiff Neodron Ltd.
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