Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 1 of 22
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON AT SEATTLE
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`CYWEE GROUP LTD.,
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`HTC CORPORATION; and HTC AMERICA,
`INC.,
`
`
`
`Defendants.
`
`Civil Action No. 17-cv-932
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`
`
`
`JURY DEMAND
`
`Plaintiff CyWee Group Ltd. (“Plaintiff” or “CyWee”), by and through its undersigned
`counsel, files this Complaint against Defendants HTC Corporation and HTC America, Inc. as
`follows:
`
`THE PARTIES
`CyWee is a corporation existing under the laws of the British Virgin Islands with a
`1.
`principal place of business at 3F, No. 28, Lane 128, Jing Ye 1st Road, Taipei, Taiwan 10462.
`2.
`CyWee is a world-leading technology company that focuses on building products
`and providing services for consumers and businesses. CyWee has one of the most significant patent
`portfolios in the industry, and is a market leader in its core development areas of motion
`processing, wireless high definition video delivery, and facial tracking technology.
`
`COMPLAINT FOR PATENT INFRINGEMENT - 1
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 2 of 22
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`On information and belief, Defendant HTC Corporation (“HTC Corp.”) is a
`3.
`Taiwanese corporation with a principle place of business at No. 23, Xinghua Road, Taoyuan
`District, Taoyuan, 330, Taiwan. HTC Corp. manufactures and provides to the United States a wide
`variety of products and services, including consumer electronics such as mobile phones and tablets.
`4.
`On information and belief, Defendant HTC America, Inc. (“HTC America”) is a
`Washington corporation with a principal place of business located at 13920 SE Eastgate Way,
`Suite 400, Bellevue, Washington 98005. Upon information and belief, HTC America is a wholly-
`owned subsidiary of HTC Corp. Upon information and belief, HTC America is HTC Corp.’s
`United States business with respect to mobile phones and tablets, and HTC America imports, sells,
`offers for sale, and markets HTC Corp.’s mobile phones and tablets in the United States.
`5.
`Defendants HTC Corp. and HTC America are collectively referred to as
`“Defendants” or “HTC.” HTC is doing business in the United States and, more particularly, in the
`State of Washington and the Western District of Washington, by designing, marketing, making,
`using, selling, importing, and/or offering for sale products that infringe the patent claims involved
`in this action or by transacting other business in this District.
`
`JURISDICTION AND VENUE
`This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.
`6.
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`7.
`This Court has personal jurisdiction over each Defendant. Each Defendant has
`conducted and does conduct business within the State of Washington. Each Defendant has
`purposefully and voluntarily availed itself of the privileges of conducting business in the United
`States, the State of Washington, and the Western District of Washington by continuously and
`systematically placing goods into the stream of commerce through an established distribution
`channel with the expectation that they will be purchased by consumers in the Western District of
`Washington. Additionally, Defendants have previously submitted to this Court’s jurisdiction by
`
`COMPLAINT FOR PATENT INFRINGEMENT - 2
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 3 of 22
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`availing themselves of this court’s authority and filing suit in this district. See HTC Corp. and HTC
`Am., Inc. v. Telefonaktiebolaget LM Ericsson and Ericsson Inc., No. 2:17-cv-00534 (W.D. Wash.
`Apr. 6, 2017). Plaintiff’s causes of action arise directly from Defendants’ business contacts and
`other activities in the State of Washington and the Western District of Washington. Additionally,
`HTC America is incorporated in Washington. Accordingly, this Court has personal jurisdiction
`over HTC America in that it resides in this District.
`8.
`Upon information and belief, each Defendant has committed acts of infringement
`in this District giving rise to this action and does business in this District, including making sales
`and/or providing service and support for their respective customers in this District. Defendants
`purposefully and voluntarily sold one or more of their infringing products with the expectation that
`they would be purchased by consumers in this District. These infringing products have been and
`continue to be purchased by consumers in this District. Defendants have committed acts of patent
`infringement within the United States, the State of Washington, and the Western District of
`Washington.
`Venue is proper as to HTC America under 28 U.S.C. § 1400(b) in that HTC
`9.
`America is incorporated in Washington and, therefore, resides in this District. TC Heartland LLC
`v. Kraft Food Grps. Brands LLC, 581 U.S. ___, 2017 WL 2216934, at *8 (2017).
`10.
`Venue is proper as to HTC Corp. under 28 U.S.C. § 1391(c)(3) in that it is not a
`resident of the United States and may, therefore, be sued in any judicial district. Brunette Mach.
`Works, Ltd. v. Kockum Indus., Inc., 406 U.S. 706, 714 (1972).
`11.
`Upon information and belief, HTC America is an agent of HTC Corp. and is held
`out to the public as such. See, e.g., http://www.htc.com/us/terms /copyright/ (last visited June 9,
`2017)
`(naming
`HTC
`America
`as
`HTC
`Corp.’s
`“Copyright
`Agent”);
`https://www.theverge.com/2013/9/13/4728670/layoffs-hit-htc-america-as-the-company-
`
`COMPLAINT FOR PATENT INFRINGEMENT - 3
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 4 of 22
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`struggles-to-turn-itself-around (last visited June 9, 2017) (describing layoff at HTC’s America
`division with statement from HTC Corp. regarding its decision as to the layoff).
`12.
`Further, upon information and belief, HTC America operates under the “HTC”
`trademark; offers, sells, services, and/or distributes only HTC products; and coordinates its policies
`and operations with those of HTC Corp. to benefit and primarily serve the interests of HTC Corp.
`Upon information and belief, for consumers of the products accused in this Complaint, there is no
`substantive difference between HTC America and HTC Corp.
`13.
`Accordingly, venue is further proper as to HTC Corp. under 28 U.S.C. § 1400(b)
`in that, upon information and belief, HTC Corp. has a regular and established place of business in
`this District—namely, the place of business of its subsidiary/agent, HTC America—and has
`committed acts of infringement herein.
`
`BACKGROUND
`The Industrial Technology Research Institute (“ITRI”) is a Taiwanese government-
`14.
`and industry-funded research and development center. In 2007, CyWee, which was started at ITRI,
`was formed. Its goal was to provide innovative motion-sensing technologies, such as those claimed
`in the patents-in-suit. Dr. Shun-Nan Liu and Chin-Lung Li, two of the inventors of the patents-in-
`suit, came to CyWee from ITRI. The third inventor, Zhou “Joe” Ye joined CyWee from private
`industry as its President and served as CEO from 2006 to 2016.
`15.
`The inventors, Zhou Ye, Chin-Lung Li, and Shun-Nan Liou, conceived of the
`claims of the patents-in-suit—U.S. Patent No. 8,441,438 (the “’438 Patent”) and U.S. Patent
`No. 8,552,978 (the “’978 Patent”)—at CyWee Group Ltd., located at 3F, No. 28, Lane 128, Jing
`Ye Road, Taipei.
`16.
`Several claims of the patents-in-suit are entitled to a priority date of at least
`January 6, 2010 based on U.S. Provisional Application Serial No. 61/292,558, filed January 6,
`2010 (“Provisional Application”).
`
`COMPLAINT FOR PATENT INFRINGEMENT - 4
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 5 of 22
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`Before May 22, 2009, CyWee began working on the “JIL Game Phone Project” or
`17.
`“JIL Phone.” Before July 29, 2009, CyWee developed a solution for the JIL Phone that practiced
`several claims of the ’438 Patent. Those claims were diligently and constructively reduced to
`practice thereafter through the filing of the Provisional Application and were diligently and
`actually reduced to practice as discussed below. Accordingly, CyWee is entitled to a priority date
`of at least July 29, 2009 for several claims of the ’438 Patent.
`18.
`The JIL Phone was reduced to practice by at least September 25, 2009. The JIL
`Phone practiced several claims of both patents-in-suit. Accordingly, CyWee is entitled to a priority
`date of at least September 25, 2009 for several claims of the patents-in-suit.
`
`PATENT INFRINGEMENT OF U.S. PATENT NO. 8,441,438
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-18 as
`19.
`though fully set forth herein.
`20.
`The ’438 Patent, titled “3D Pointing Device and Method for Compensating
`Movement Thereof,” was duly and legally issued by the United States Patent and Trademark
`Office on May 14, 2013 to CyWee Group Limited, as assignee of named inventors Zhou Ye, Chin-
`Lung Li, and Shun-Nan Liou.
`21.
`CyWee is the owner of all right, title, and interest in and to the ’438 Patent with full
`right to bring suit to enforce the patent, including the right to recover for past infringement
`damages.
`The ’438 Patent claims, inter alia, a machine capable of detecting, measuring, and
`22.
`calculating the movements and rotations of the machine—utilizing, inter alia, a six-axis motion
`sensor module, a data transmitting unit, and a computing processor in one or more claimed
`configurations—and methods for measuring and calculating the movements and rotations of a
`device within a spatial reference frame.
`
`COMPLAINT FOR PATENT INFRINGEMENT - 5
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 6 of 22
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`The ’438 Patent is directed to useful and novel particular embodiments and methods
`23.
`for detecting, measuring, and calculating motion within a spatial reference frame. The ’438 Patent
`is not intended to, and does not, claim every possible means of detecting, measuring, and
`calculating motion within a spatial reference frame. Accordingly, the ’438 Patent is not directed
`to, and does not claim, the mere concept of motion sensing or of detecting, measuring, and
`calculating motion within a spatial reference frame.
`24.
`Each and every claim of the ’438 Patent is valid and enforceable and each enjoys a
`statutory presumption of validity separate, apart, and in addition to the statutory presumption of
`validity enjoyed by every other of its claims. 35 U.S.C. § 282.
`25.
`CyWee is informed and believes, and thereupon alleges, that HTC has been, and is
`currently, directly and/or indirectly infringing one or more claims of the ’438 Patent in violation
`of 35 U.S.C. § 271, including as stated below.
`26.
`CyWee is informed and believes, and thereupon alleges, that HTC has directly
`infringed, literally and/or under the doctrine of equivalents, and will continue to directly infringe
`claims of the ’438 Patent by making, using, selling, offering to sell, and/or importing into the
`United States products that embody or practice the apparatus and/or method covered by one or
`more claims of the ’438 Patent, including but not limited to Defendants’ following devices:
`
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` HTC One M9
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` HTC One A9
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`COMPLAINT FOR PATENT INFRINGEMENT - 6
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`

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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 7 of 22
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` HTC 10
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`HTC Bolt
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`HTC U Ultra
`The foregoing devices are collectively referred to as the “’438 Accused Products”
`27.
`and include the below specifications and features.
`28.
`On information and belief, HTC indirectly infringes the ’438 Patent by inducing
`others to infringe one or more claims of the ’438 Patent through sale and/or use of the ’438 Accused
`Products. On information and belief, at least as a result of the filing of this action, HTC is aware
`of the ’438 Patent; is aware that its actions with regards to distributors, resellers, and/or end users
`of the ’438 Accused Products would induce infringement; and despite such awareness will
`continue to take active steps—such as, creating and disseminating the ’438 Accused Products, and
`product manuals, instructions, promotional and marketing materials, and/or technical materials to
`
`COMPLAINT FOR PATENT INFRINGEMENT - 7
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 8 of 22
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`distributors, resellers, and end users—encouraging other’s infringement of the ’438 Patent with
`the specific intent to induce such infringement.
`29.
`The HTC 10 includes a display screen.
`30.
`The HTC 10 includes a housing.
`31.
`The HTC 10 includes a 3-axis accelerometer.
`32.
`The HTC 10 includes a 3-axis gyroscope.
`33.
`The HTC 10 includes at least one printed circuit board (“PCB”).
`34.
`The HTC 10 includes a 3-axis accelerometer attached to a PCB.
`35.
`The HTC 10 includes a 3-axis gyroscope attached to a PCB.
`36.
`The HTC 10 includes a 3-axis accelerometer that is capable of measuring
`accelerations.
`The HTC 10 includes a 3-axis gyroscope that is capable of measuring rotation rates.
`37.
`The HTC 10 runs an AndroidTM operating system.
`38.
`The HTC 10 includes a 3-axis accelerometer that is capable of measuring
`39.
`accelerations using a “Sensor Coordinate System” as described in the AndroidTM developer library.
`See https://developer.android.com/guide/topics
`/sensors/sensors_overview.html
`(describing
`“Sensor Coordinate System”).
`40.
`The HTC 10 includes a 3-axis gyroscope that is capable of measuring rotation rates
`using a “Sensor Coordinate System.”
`41.
`The HTC 10 includes a processor that is capable of processing data associated with
`measurement from a 3-axis accelerometer.
`42.
`The HTC 10 includes a processor that is capable of processing data associated with
`measurement from a 3-axis gyroscope.
`The AndroidTM operating system that runs on the HTC 10 uses the measurement
`43.
`from a 3-axis accelerometer included in the device.
`
`COMPLAINT FOR PATENT INFRINGEMENT - 8
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 9 of 22
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`The AndroidTM operating system that runs on the HTC 10 uses the measurement
`44.
`from a 3-axis gyroscope included in the device.
`45.
`The AndroidTM operating system that runs on the HTC 10 uses the measurement
`from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to calculate an attitude
`of the device.
`46.
`47.
`48.
`49.
`50.
`51.
`52.
`53.
`accelerations.
`54.
`
`The HTC One M9 includes a display screen.
`The HTC One M9 includes a housing.
`The HTC One M9 includes a 3-axis accelerometer.
`The HTC One M9 includes a 3-axis gyroscope.
`The HTC One M9 includes at least one PCB.
`The HTC One M9 includes a 3-axis accelerometer attached to a PCB.
`The HTC One M9 includes a 3-axis gyroscope attached to a PCB.
`The HTC One M9 includes a 3-axis accelerometer that is capable of measuring
`
`The HTC One M9 includes a 3-axis gyroscope that is capable of measuring rotation
`
`rates.
`
`The HTC One M9 runs an AndroidTM operating system.
`55.
`The HTC One M9 includes a 3-axis accelerometer that is capable of measuring
`56.
`accelerations using a “Sensor Coordinate System” as described in the AndroidTM developer library.
`See https://developer.android.com/guide/topics
`/sensors/sensors_overview.html
`(describing
`“Sensor Coordinate System”).
`57.
`The HTC One M9 includes a 3-axis gyroscope that is capable of measuring rotation
`rates using a “Sensor Coordinate System.”
`58.
`The HTC One M9 includes a processor that is capable of processing data associated
`with measurement from a 3-axis accelerometer.
`
`COMPLAINT FOR PATENT INFRINGEMENT - 9
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 10 of 22
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`The HTC One M9 includes a processor that is capable of processing data associated
`59.
`with measurement from a 3-axis gyroscope.
`60.
`The AndroidTM operating system that runs on the HTC One M9 uses the
`measurement from a 3-axis accelerometer included in the device.
`61.
`The AndroidTM operating system that runs on the HTC One M9 uses the
`measurement from a 3-axis gyroscope included in the device.
`62.
`The AndroidTM operating system that runs on the HTC One M9 uses the
`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`calculate an attitude of the device.
`63.
`The HTC One A9 includes a display screen.
`64.
`The HTC One A9 includes a housing.
`65.
`The HTC One A9 includes a 3-axis accelerometer.
`66.
`The HTC One A9 includes a 3-axis gyroscope.
`67.
`The HTC One A9 includes at least one PCB.
`68.
`The HTC One A9 includes a 3-axis accelerometer attached to a PCB.
`69.
`The HTC One A9 includes a 3-axis gyroscope attached to a PCB.
`70.
`The HTC One A9 includes a 3-axis accelerometer that is capable of measuring
`accelerations.
`71.
`
`The HTC One A9 includes a 3-axis gyroscope that is capable of measuring rotation
`
`rates.
`
`The HTC One A9 runs an AndroidTM operating system.
`72.
`The HTC One A9 includes a 3-axis accelerometer that is capable of measuring
`73.
`accelerations using a “Sensor Coordinate System” as described in the AndroidTM developer library.
`See https://developer.android.com/guide/topics
`/sensors/sensors_overview.html
`(describing
`“Sensor Coordinate System”).
`
`COMPLAINT FOR PATENT INFRINGEMENT - 10
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 11 of 22
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`The HTC One A9 includes a 3-axis gyroscope that is capable of measuring rotation
`74.
`rates using a “Sensor Coordinate System.”
`75.
`The HTC One A9 includes a processor that is capable of processing data associated
`with measurement from a 3-axis accelerometer.
`76.
`The HTC One A9 includes a processor that is capable of processing data associated
`with measurement from a 3-axis gyroscope.
`77.
`The AndroidTM operating system that runs on the HTC One A9 uses the
`measurement from a 3-axis accelerometer included in the device.
`78.
`The AndroidTM operating system that runs on the HTC One A9 uses the
`measurement from a 3-axis gyroscope included in the device.
`79.
`The AndroidTM operating system that runs on the HTC One A9 uses the
`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`calculate an attitude of the device.
`80.
`The HTC Bolt includes a display screen.
`81.
`The HTC Bolt includes a housing.
`82.
`The HTC Bolt includes a 3-axis accelerometer.
`83.
`The HTC Bolt includes a 3-axis gyroscope.
`84.
`The HTC Bolt includes at least one PCB.
`85.
`The HTC Bolt includes a 3-axis accelerometer attached to a PCB.
`86.
`The HTC Bolt includes a 3-axis gyroscope attached to a PCB.
`87.
`The HTC Bolt includes a 3-axis accelerometer that is capable of measuring
`accelerations.
`88.
`
`The HTC Bolt includes a 3-axis gyroscope that is capable of measuring rotation
`
`rates.
`
`89.
`
`The HTC Bolt runs an AndroidTM operating system.
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`COMPLAINT FOR PATENT INFRINGEMENT - 11
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 12 of 22
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`The HTC Bolt includes a 3-axis accelerometer that is capable of measuring
`90.
`accelerations using a “Sensor Coordinate System” as described in the AndroidTM developer library.
`See https://developer.android.com/guide/topics
`/sensors/sensors_overview.html
`(describing
`“Sensor Coordinate System”).
`91.
`The HTC Bolt includes a 3-axis gyroscope that is capable of measuring rotation
`rates using a “Sensor Coordinate System.”
`92.
`The HTC Bolt includes a processor that is capable of processing data associated
`with measurement from a 3-axis accelerometer.
`93.
`The HTC Bolt includes a processor that is capable of processing data associated
`with measurement from a 3-axis gyroscope.
`94.
`The AndroidTM operating system that runs on the HTC Bolt uses the measurement
`from a 3-axis accelerometer included in the device.
`95.
`The AndroidTM operating system that runs on the HTC Bolt uses the measurement
`from a 3-axis gyroscope included in the device.
`96.
`The AndroidTM operating system that runs on the HTC Bolt uses the measurement
`from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to calculate an attitude
`of the device.
`The HTC U Ultra includes a display screen.
`97.
`The HTC U Ultra includes a housing.
`98.
`The HTC U Ultra includes a 3-axis accelerometer.
`99.
`100. The HTC U Ultra includes a 3-axis gyroscope.
`101. The HTC U Ultra includes at least one PCB.
`102. The HTC U Ultra includes a 3-axis accelerometer attached to a PCB.
`103. The HTC U Ultra includes a 3-axis gyroscope attached to a PCB.
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`COMPLAINT FOR PATENT INFRINGEMENT - 12
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 13 of 22
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`104. The HTC U Ultra includes a 3-axis accelerometer that is capable of measuring
`accelerations.
`105. The HTC U Ultra includes a 3-axis gyroscope that is capable of measuring rotation
`
`rates.
`
`106. The HTC U Ultra runs an AndroidTM operating system.
`107. The HTC U Ultra includes a 3-axis accelerometer that is capable of measuring
`accelerations using a “Sensor Coordinate System” as described in the AndroidTM developer library.
`See https://developer.android.com
`/guide/topics/sensors/sensors_overview.html
`(describing
`“Sensor Coordinate System”).
`108. The HTC U Ultra includes a 3-axis gyroscope that is capable of measuring rotation
`rates using a “Sensor Coordinate System.”
`109. The HTC U Ultra includes a processor that is capable of processing data associated
`with measurement from a 3-axis accelerometer.
`110. The HTC U Ultra includes a processor that is capable of processing data associated
`with measurement from a 3-axis gyroscope.
`111. The AndroidTM operating system that runs on the HTC U Ultra uses the
`measurement from a 3-axis accelerometer included in the device.
`112. The AndroidTM operating system that runs on the HTC U Ultra uses the
`measurement from a 3-axis gyroscope included in the device.
`113. The AndroidTM operating system that runs on the HTC U Ultra uses the
`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`calculate an attitude of the device.
`114. CyWee adopts, and incorporates by reference, as if fully stated herein, the attached
`claim chart for claim 14 of the ’438 Patent, which is attached hereto as Exhibit A. The claim chart
`
`COMPLAINT FOR PATENT INFRINGEMENT - 13
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 14 of 22
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`describes and demonstrates how HTC infringes the ’438 Patent. In addition, CyWee alleges that
`HTC infringes one or more additional claims of the ’438 Patent in a similar manner.
`115. Defendants’ acts of infringement have caused and will continue to cause substantial
`and irreparable damage to CyWee.
`116. As a result of Defendants’ infringement of the ’438 Patent, CyWee has been
`damaged. CyWee is, therefore, entitled to damages pursuant to 35 U.S.C. § 284 in an amount that
`presently cannot be pled but that will be determined at trial.
`
`PATENT INFRINGEMENT OF U.S. PATENT NO. 8,522,978
`117. Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-116 as
`though fully set forth herein.
`118. The ’978 Patent, titled “3D Pointing Device and Method for Compensating
`Rotations of the 3D Pointing Device Thereof,” was duly and legally issued by the United States
`Patent and Trademark Office on October 8, 2013 to CyWee Group Limited, as assignee of named
`inventors Zhou Ye, Chin-Lung Li, and Shun-Nan Liou.
`119. CyWee is the owner of all right, title, and interest in and to the ’978 Patent with full
`right to bring suit to enforce the patent, including the right to recover for past infringement
`damages.
`120. The ’978 Patent claims, inter alia, a machine capable of detecting, measuring, and
`calculating the movements and rotations of the machine—utilizing, inter alia, a nine-axes motion
`sensor module and two computing processors in one or more claimed configurations—and
`methods for measuring and calculating the movements and rotations of a device within a spatial
`reference frame.
`121. The ’978 Patent is directed to useful and novel particular embodiments and methods
`for detecting, measuring, and calculating motion within a spatial reference frame. The ’978 Patent
`is not intended to, and does not, claim every possible means of detecting, measuring, and
`
`COMPLAINT FOR PATENT INFRINGEMENT - 14
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 15 of 22
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`calculating motion within a spatial reference frame. Accordingly, the ’978 Patent is not directed
`to, and does not claim, the mere concept of motion sensing or of detecting, measuring, and
`calculating motion within a spatial reference frame.
`122. Each and every claim of the ’978 Patent is valid and enforceable and each enjoys a
`statutory presumption of validity separate, apart, and in addition to the statutory presumption of
`validity enjoyed by every other of its claims. 35 U.S.C. § 282.
`123. CyWee is informed and believes, and thereupon alleges, that HTC has been, and is
`currently, directly and/or indirectly infringing one or more claims of the ’978 Patent in violation
`of 35 U.S.C. § 271, including as stated below.
`124. CyWee is informed and believes, and thereupon alleges, that HTC has directly
`infringed, literally and/or under the doctrine of equivalents, and will continue to directly infringe
`claims of the ’978 Patent by making, using, selling, offering to sell, and/or importing into the
`United States products that embody or practice the apparatus and/or method covered by one or
`more claims of the ’978 Patent, including but not limited to Defendants’ following devices:
`
`
`
`
`
`
` HTC One M9
`
`
`
`
`
`
`
`HTC One A9
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT - 15
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
`
`

`

`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 16 of 22
`
`
`
`
`
` HTC 10
`
`
`
`
`
`
`
`
`
`HTC Bolt
`
`
`
`
`
`
`
`
`
`HTC U Ultra
`125. The foregoing devices are collectively referred to as the “’978 Accused Products”
`and include the below specifications and features.
`126. On information and belief, HTC indirectly infringes the ’978 Patent by inducing
`others to infringe one or more claims of the ’978 Patent through sale and/or use of the ’978 Accused
`Products. On information and belief, at least as a result of the filing of this action, HTC is aware
`of the ’978 Patent; is aware that its actions with regards to distributors, resellers, and/or end users
`of the ’978 Accused Products would induce infringement; and despite such awareness will
`continue to take active steps—such as, creating and disseminating the ’978 Accused Products, and
`product manuals, instructions, promotional and marketing materials, and/or technical materials to
`
`COMPLAINT FOR PATENT INFRINGEMENT - 16
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
`
`

`

`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 17 of 22
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`distributors, resellers, and end users—encouraging other’s infringement of the ’978 Patent with
`the specific intent to induce such infringement.
`127. The HTC One M9 includes a 3-axis geomagnetic sensor.
`128. The HTC One M9 includes a 3-axis geomagnetic sensor that is capable of
`measuring a geomagnetic field.
`129. The HTC One M9 includes a 3-axis geomagnetic field sensor to measure a
`geomagnetic
`field
`using
`a
`“Sensor
`Coordinate
`System.”
`See
`https://developer.android.com/guide/topics/sensors/sensors_overview.html (describing “Sensor
`Coordinate System”).
`130. The Android operating system that runs on the HTC One M9 uses the measurement
`from a 3-axis geomagnetic sensor included in the device.
`131. The Android operating system that runs on the HTC One M9 uses the measurement
`from a 3-axis accelerometer, the measurement from a 3-axis geomagnetic field sensor, and the
`measurement from a 3-axis gyroscope to calculate an attitude of the device.
`132. The Android operating system that runs on the HTC One M9 uses the measurement
`from a 3-axis accelerometer, the measurement from a 3-axis geomagnetic field sensor, and the
`measurement from a 3-axis gyroscope to calculate an attitude of the device that can be represented
`by an azimuth angle, a pitch angle, and a roll angle.
`133. The HTC One M9 has the ability to directly control apps by moving or rotating the
`device (for example, racing game apps).
`134. The HTC One M9 has the ability to run apps that can provide information based on
`the direction your device is facing, such as a map or navigation app.
`135. The HTC One A9 includes a 3-axis geomagnetic sensor.
`136. The HTC One A9 includes a 3-axis geomagnetic sensor that is capable of measuring
`a geomagnetic field.
`
`COMPLAINT FOR PATENT INFRINGEMENT - 17
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
`
`

`

`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 18 of 22
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`
`
`137. The HTC One A9 includes a 3-axis geomagnetic field sensor to measure a
`geomagnetic
`field
`using
`a
`“Sensor
`Coordinate
`System.”
`See
`https://developer.android.com/guide/topics/sensors/sensors_overview.html (describing “Sensor
`Coordinate System”).
`138. The Android operating system that runs on the HTC One A9 uses the measurement
`from a 3-axis geomagnetic sensor included in the device.
`139. The Android operating system that runs on the HTC One A9 uses the measurement
`from a 3-axis accelerometer, the measurement from a 3-axis geomagnetic field sensor, and the
`measurement from a 3-axis gyroscope to calculate an attitude of the device.
`140. The Android operating system that runs on the HTC One A9 uses the measurement
`from a 3-axis accelerometer, the measurement from a 3-axis geomagnetic field sensor, and the
`measurement from a 3-axis gyroscope to calculate an attitude of the device that can be represented
`by an azimuth angle, a pitch angle, and a roll angle.
`141. The HTC One A9 has the ability to directly control apps by moving or rotating the
`device (for example, racing game apps).
`142. The HTC One A9 has the ability to run apps that can provide information based on
`the direction your device is facing, such as a map or navigation app.
`143. The HTC 10 includes a 3-axis geomagnetic sensor.
`144. The HTC 10 includes a 3-axis geomagnetic sensor that is capable of measuring a
`geomagnetic field.
`145. The HTC 10 includes a 3-axis geomagnetic field sensor to measure a geomagnetic
`using
`a
`“Sensor
`Coordinate
`System.”
`See
`field
`https://developer.android.com/guide/topics/sensors/sensors_overview.html (describing “Sensor
`Coordinate System”).
`
`COMPLAINT FOR PATENT INFRINGEMENT - 18
`Civil Action No. 17-cv-932
`CYWE-6-0001P01 CMP
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`

`

`Case 2:17-cv-00932-JLR Document 1 Filed 06/16/17 Page 19 of 22
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`146. The Android operating system that runs on the HTC 10 uses the measurement from
`a 3-axis geomagnetic sensor included in the device.
`147. The Android operating system that runs on the HTC 10 uses the measurement from
`a 3-axis accelerometer, the measurement from a 3-axis geomagnetic field sensor, and the
`measurement from a 3-axis gyroscope to calculate an attitude of the device.
`148. The Android operating system that runs on the HTC 10 uses the measurement from
`a 3-axis accelerometer, the measurement from a 3-axis geomagnetic field sensor, and the
`measurement from a 3-axis gyroscope to calculate an attitude of the device that can be represented
`by an azimuth angle, a pitch angle, and a roll angle.
`149. The HTC 10 has the ability to directly control apps by moving or rotating the device
`(for example, racing game apps).
`150. The HTC 10 has the ability to run apps that can provide information based on the
`direction your device is facing, such as a map or navigation app.
`151. The HTC Bolt includes a 3-axis geomagnetic sensor.
`152. The HTC Bolt includes a 3-axis geomagnetic sensor that is capable of measuring a
`geomagnetic field.
`153. The HTC Bolt includes a 3-axis geomagnetic field sensor to measure a geomagnetic
`using
`a
`“Sensor
`Coordinate
`System.”
`See
`field
`https://developer.an