`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`JAPAN DISPLAY INC. and PANASONIC
`LIQUID CRYSTAL DISPLAY CO., LTD.,
`
`Plaintiffs,
`
` v.
`
`TIANMA MICROELECTRONICS CO.
`LTD.,
`
`Defendant.
`
` CIVIL ACTION NO.
`
` JURY TRIAL DEMANDED
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Japan Display Inc. (“JDI”) and Panasonic Liquid Crystal Display Co., Ltd. (“PLD”) (together
`
`“Plaintiffs”) file this complaint for patent infringement (“Complaint”) against Tianma
`
`Microelectronics Co. Ltd. (“Tianma” or “Defendant”), and alleges as follows:
`
`
`
`THE PARTIES
`
`1.
`
`Japan Display Inc. is a corporation organized and existing under the laws of Japan.
`
`Its principal place of business is located at Landic 2nd Bldg., 3-7-1, Nishishinbashi, Minato-ku,
`
`Tokyo, 105-0003, Japan.
`
`2.
`
`JDI engages in research, development, manufacturing, and sales for displays,
`
`including liquid crystal displays (“LCDs”) with thin film transistor (“TFT”) technology (“TFT
`
`LCDs”). JDI was formed through the integration of the display businesses of Sony Corporation,
`
`Toshiba Corporation, and Hitachi, Ltd. Among other contributions, JDI pioneered TFTs that utilize
`
`a low temperature polycrystalline silicon (“LTPS”) process, which allows TFT LCD panels to
`
`achieve a higher resolution while minimizing power consumption. LTPS is now widely used in TFT
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`LCD panels that are incorporated into consumer and industrial electronic devices, including
`
`smartphones, tablets, cameras, game consoles, automotive electronics, and medical equipment.
`
`3.
`
`Panasonic Liquid Crystal Display Co., Ltd. is a corporation organized and existing
`
`under the laws of Japan. Its principal place of business is located at 1-6 Megahida-cho, Shikama-
`
`ku, Himeji City, Hyogo 672-8033, Japan.
`
`4.
`
`PLD is a pioneer and leader in liquid crystal display (“LCD”) technology, including
`
`LCD panels that use IPS (In-Plane-Switching) technology, which features high image quality with a
`
`wide viewing angle. PLD changed its name from IPS Alpha Technology Co., Ltd. and was
`
`established on October 1, 2010 as a liquid crystal panel manufacturing company of Panasonic
`
`Corporation.
`
`5.
`
`Tianma is a foreign corporation organized and existing under the laws of China. Its
`
`principal place of business is located at No. 88, Daxin Road, Tianma Building, Nanshan District,
`
`Shenzhen, China.
`
`6.
`
`Tianma “focus[es] on medium-/small-sized displays [and is] dedicated to offering
`
`[its] clients the world over cutting-edge technologies and products and quality services. At present,
`
`the company chiefly serves customers in Mainland China, Taiwan, Europe, America, Japan and
`
`South Korea.” See 2017 Corporate Social Responsibility Report, TIANMA MICROELECTRONICS,
`
`http://en.tianma.com/UpLoadFile/20180504/b4618db4-5b0f-43f6-9a7a-c6273b07a90a.pdf.
`
`
`
`JURISDICTION AND VENUE
`
`7.
`
`This is an action for infringement arising under the patent laws of the United States,
`
`35 U.S.C. § 271. Accordingly, this court has subject matter jurisdiction pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a).
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`8.
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`Upon information and belief, Tianma is subject to this Court’s specific and general
`
`personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to its
`
`substantial business in this State and District, including: (A) at least part of its infringing activities
`
`alleged herein; and (B) regularly doing or soliciting business, engaging in other persistent conduct,
`
`and/or deriving substantial revenue from infringing goods offered for sale, sold, and imported and
`
`services provided to Texas residents vicariously through and/or in concert with its alter egos,
`
`intermediaries, agents, distributors, importers, customers, subsidiaries, and/or consumers. For
`
`example, Tianma has “established manufacturing facilities in Shenzhen, Shanghai, Chengdu,
`
`Wuhan, and Xiamen, China as well as in Akita, Japan” and “a global sales and technical support
`
`network has been put in place that includes offices in the United States, Germany, Japan, South
`
`Korea, Taiwan, Hong Kong etc. to ensure seamless global support to our customers.” See
`
`http://en.tianma.com/about.shtml. This Court has personal jurisdiction over Tianma, directly or
`
`through intermediaries, distributors, importers, customers, subsidiaries, and/or consumers including
`
`its U.S. based, wholly-owned subsidiary, Tianma America Inc. (“Tianma America”). Through
`
`direction and control of this subsidiary, Tianma has committed acts of direct and/or indirect patent
`
`infringement within Texas, and elsewhere within the United States, giving rise to this action and/or
`
`has established minimum contacts with Texas such that personal jurisdiction over Tianma would not
`
`offend traditional notions of fair play and substantial justice.
`
`9.
`
`Tianma maintains a corporate presence in the United States (Tianma America)
`
`through which it distributes infringing TFT LCD panels. Tianma America is “a leading provider of
`
`small to medium size display solutions to the Americas, utilizing cutting edge technologies from
`
`Tianma Microelectronics and Tianma Japan, Ltd. (TMJ), coupled with state-of-the-art
`
`manufacturing resources of the Tianma Group, [Tianma America] offers a comprehensive range of
`
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`LCD products . . . [including] a-Si and LTPS TFT-LCD.” About Us, TIANMA AMERICA,
`
`https://usa.tianma.com/company-services/company-history-roadmap.
`
` “Tianma America has
`
`responsibility for all sales, marketing and engineering support of the Tianma Group display solutions
`
`in the Americas.” Id. Tianma America identifies approximately 173 unique display panel model
`
`numbers
`
`for
`
`sale on
`
`its website.
`
` See Product Search, TIANMA AMERICA,
`
`https://usa.tianma.com/products-technology/product-filter.
`
`10.
`
`Tianma America has a “representative” in Texas that provides support to potential
`
`customers in Texas regarding Tianma’s products: Tristar Group.1 Tianma America also has four
`
`“authorized distribution partners” in the United States, including, Arrow Intelligent Systems in
`
`Centennial, Colorado, Avnet Embedded and Integrated Solutions in Phoenix, Arizona, Edge
`
`Electronics, Inc. in Bohemia, NY 11716, and WPG Americas Inc. in San Jose, CA. 2 Upon
`
`information and belief, Tianma controls or otherwise directs and authorizes all activities of Tianma
`
`America, including Tianma America’s using, offering for sale, selling, and/or importing accused
`
`products, its components, and/or products containing the same that incorporate the fundamental
`
`technologies covered by the asserted patents. Tianma America is authorized to import, sell, or offer
`
`for sale the accused products on behalf of its controlling parents. Upon information and belief,
`
`Tianma researches, designs, develops, and manufactures the infringing TFT LCD panels and then
`
`directs Tianma America to import, offer for sale, and sell the accused products in the United States.
`
`Accordingly, Tianma America conducts infringing activities on behalf of Tianma.
`
`
`1 Tristar Group is located at 5220 Spring Valley Road, #190, Dallas Texas. See Contact Us, Tianma America,
`https://usa.tianma.com/contact (last visited July 15, 2020) (on Tianma America Contact Us site, select the United
`States and then mouse over Texas).
`2 Arrow Intelligent Systems is located at 9201 E. Dry Creek Road, Centennial, CO 80112; Avnet Embedded and
`Integrated Solutions is located at 2211 South 47th Street, Phoenix, AZ 85034; Edge Electronics, Inc. is located at 75
`Orville Drive, Unit 2, Bohemia, NY 11716; and WPG Americas Inc. is located at 5285 Hellyer Avenue, Suite 150,
` See Authorized Distributors, TIANMA AMERICA, http://usa.tianma.com/company-
`San Jose, CA 95138.
`services/services-we-provide (last visited July 15, 2020)
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`11.
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`Upon information and belief, Tianma America’s corporate presence in the United
`
`States gives Tianma substantially the same business advantages that it would have enjoyed if it
`
`conducted its business through its own offices or paid agents in the state. This corporate presence is
`
`comprised of three offices including Tianma America’s headquarters in Chino, California, an office
`
`in Santa Clara, California, and an office in Troy, Michigan. See Contact Us, TIANMA AMERICA,
`
`https://usa.tianma.com/contact (last visited July 15, 2020). Upon information and belief, Tianma
`
`America’s Troy, Michigan office is focused on automobile manufacturers. See id. (stating that the
`
`Troy Michigan office is “Automotive”). Upon information and belief, Tianma America is authorized
`
`to sell and offer for sale TFT LCD panels on behalf of Tianma. For example, Tianma America
`
`operates within Tianma’s “global sales and technical support network [that] has been put in place
`
`that includes offices in the United States, Germany, Japan, South Korea, Taiwan, Hong Kong”… “to
`
`ensure seamless global support to our customers.” See About Us, TIANMA AMERICA,
`
`https://usa.tianma.com/company-services/company-history-roadmap. Upon information and belief,
`
`Tianma’s TFT LCD panels are imported, offered for sale, and sold in the U.S., including in Texas
`
`and this District. For example, Tianma’s TFT LCD panel model numbers TL062FVMC70,
`
`TM062JDSC03, and TL079QDXP02 are utilized in at least the Motorola Moto G7 smartphone, the
`
`Motorola Moto G7 Power smartphone, and the Asus ZenPad S 8.0 tablet, respectively.
`
`12.
`
`Via its alter egos, representatives, authorized distributors, agents, intermediaries,
`
`importers, customers, subsidiaries, and/or consumers maintaining a business presence, operating in,
`
`and/or residing in the U.S., Tianma has widely distributed and sold its infringing TFT LCD panels
`
`in retail stores, both brick and mortar and online, in Texas including within this District.
`
`13.
`
`Upon information and belief, Tianma has placed and continues to place infringing
`
`TFT LCD panels into the stream of commerce via established distribution channels comprising at
`
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`least representatives such as Tristar Group, distributors such as Arrow Intelligent Systems, Avnet
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`Embedded and Integrated Solutions, Edge Electronics, Inc., and WPG Americas Inc., customers
`
`such as Motorola and ASUS, and/or its wholly-owned, U.S.-based subsidiary Tianma America, for
`
`the sale of the infringing TFT LCD panels, with the knowledge and/or intent that those infringing
`
`TFT LCD panels are imported, used, offered for sale, sold, and continue to be sold in the United
`
`States and Texas, including in this District.
`
`14.
`
`For example, the Motorola Moto G7 smartphone utilizes an infringing TFT LCD
`
`panel. Upon information and belief, Tianma designed and manufactured a TFT LCD panel with
`
`model number TL062FVMC70 for use in the Motorola Moto G7 smartphone.
`
`TL062FVMC70
`
`
`
`Tianma’s TFT LCD Panel No. TL062FVMC70 in Motorola Moto G7 Smartphone
`
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`Motorola Mobility LLC’s Landing Page for the Motorola Moto G7 Smartphone
`
`15.
`
`Upon information and belief, the Motorola Moto G7 Smartphone, designed and sold
`
`by Motorola Mobility LLC, was widely sold and distributed in Texas and in this District. Retailers
`
`such as Amazon.com and Best Buy have sold the Motorola Moto G7 Smartphone. See Motorola
`
`Moto G7, MOTOROLA, https://www.motorola.com/us/smartphones-moto-g7/p.
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`Best Buy’s Landing Page for the Motorola Moto G7 Smartphone
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`
`
`16.
`
`The Motorola Moto G7 Smartphone can be purchased through Best Buy’s website.
`
`See Motorola Moto G7, BESTBUY.COM, https://www.bestbuy.com/site/motorola-moto-g7-with-
`
`64gb-memory-cell-phone-unlocked-clear-
`
`white/6324288.p?skuId=6324288&contractId=unactivat%E2%80%A6.
`
`17.
`
`The Asus ZenPad S 8.0 tablet utilizes an infringing TFT LCD panel. Upon
`
`information and belief, Tianma designed and manufactured a TFT LCD panel with model number
`
`TL079QDXP02 for use in the Asus ZenPad S 8.0 tablet.
`
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`Tianma’s TFT LCD Panel in Asus ZenPad S 8.0 tablet
`
`
`
`18.
`
`Upon information and belief, the Asus ZenPad S 8.0 tablet, manufactured by Asustek
`
`Computer Inc. and sold by Asus Computer International, was widely sold and distributed in Texas
`
`and in this District. The Asus ZenPad S 8.0 tablet was sold on Best Buy’s website ,
`
`https://www.bestbuy.com/site/asus-zenpad-8-0-8-tablet-16gb-dark-
`
`gray/5386700.p?skuId=5386700
`
`(archived
`
`at
`
`Wayback
`
`Machine,
`
`https://web.archive.org/web/20180618155158/https://www.bestbuy.com/site/asus-zenpad-8-0-8-
`
`tablet-16gb-dark-gray/5386700.p?skuId=5386700, for June 18, 2019).
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`BestBuy.com Landing Page for the Asus ZenPad S 8.0 tablet
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`
`
`19.
`
`Tianma also maintains commercial websites accessible to the residents of Texas and
`
`this District through which Tianma promotes, markets, advertises, and facilitates sales of the
`
`infringing TFT LCD panels. See http://en.tianma.com/index.shtml.
`
`20.
`
`In the alternative, the Court has personal jurisdiction over Tianma under Federal Rule
`
`of Civil Procedure 4(k)(2), because the claims for patent infringement in this action arise under
`
`federal law, Tianma is not subject to the jurisdiction of the courts of general jurisdiction of any state,
`
`and exercising jurisdiction over Tianma is consistent with the U.S. Constitution.
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`21.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because, among
`
`other things, Tianma is not resident in the United States, and thus may be sued in any judicial district,
`
`including this one, pursuant to 28 U.S.C. § 1391(c)(3).
`
`THE ASSERTED PATENTS AND TECHNOLOGY
`
`22.
`
`The patents-in-suit include Plaintiffs’ United States Patent Nos. 8,218,119 (“the ’119
`
`Patent”), 10,139,687 (“the ’687 Patent”), 9,715,132 (“the ’132 Patent”), 9,793,299 (“the ’299
`
`Patent”), 10,018,859 (“the ’859 Patent”), 8,218,118 (“the ’118 Patent”), 10,423,034 (“the ’034
`
`Patent”), 10,330,989 (“the ’989 Patent”), and 7,936,429 (“the ’429 Patent”) (collectively, the
`
`“Asserted Patents”).
`
`23.
`
`On July 10, 2012, the United States Patent and Trademark Office (“USPTO”) duly
`
`and legally issued U.S. Patent No. 8,218,119 (“the ’119 Patent”), titled “Liquid Crystal Display
`
`Device” to inventors Kikuo Ono, Makoto Yoneya, Tsunenori Yamamoto, Junichi Hirakata, and
`
`Yoshiaki Nakayoshi. A true and correct copy of the ’119 Patent is attached as Exhibit 1 to this
`
`Complaint.
`
`24.
`
`The ’119 Patent is generally directed to the structure of a liquid crystal display that
`
`has enhanced numerical aperture while still maintaining improved viewing angle characteristics.
`
`The ’119 Patent discloses and specifically claims novel and non-obvious subject matter that
`
`represents improvements over conventional liquid crystal displays that were available as of the
`
`priority date of the application that became the ’119 Patent.
`
`25.
`
`On November 27, 2018, the USPTO duly and legally issued U.S. Patent No.
`
`10,139,687 (“the ’687 Patent”), titled “Liquid Crystal Display Device” to inventors Kikuo Ono,
`
`Makoto Yoneya, Tsunenori Yamamoto, Junichi Hirakata, and Yoshiaki Nakayoshi. A true and
`
`correct copy of the ’687 Patent is attached as Exhibit 2 to this Complaint.
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`26.
`
`The ’687 Patent is generally directed to the structure of a liquid crystal display that
`
`has enhanced numerical aperture while still maintaining improved viewing angle characteristics.
`
`The ’687 Patent discloses and specifically claims novel and non-obvious subject matter that
`
`represents improvements over conventional liquid crystal displays that were available as of the
`
`priority date of the application that became the ’687 Patent.
`
`27.
`
`On July 25, 2017, the USPTO duly and legally issued U.S. Patent No. 9,715,132
`
`(“the ’132 Patent”), titled “Liquid Crystal Display Device” to inventors Kazuhiko Yanagawa,
`
`Yasushi Iwakabe, Yoshiaki Nakayoshi, and Masatoshi Wakagi. A true and correct copy of the ’132
`
`Patent is attached as Exhibit 3 to this Complaint.
`
`28.
`
`The ’132 Patent is generally directed to the structure of a liquid crystal display that
`
`prevents light leaks near spacers, which are used to ensure the cell gap. The ’132 Patent discloses
`
`and specifically claims novel and non-obvious subject matter that represents improvements over
`
`conventional liquid crystal displays that were available as of the priority date of the application that
`
`became the ’132 Patent.
`
`29.
`
`On October 17, 2017, the USPTO duly and legally issued U.S. Patent No. 9,793,299
`
`(“the ’299 Patent”), titled “Display Device and Hand-Held Electronic Device” to inventor Koichi
`
`Fukuda. A true and correct copy of the ’299 Patent is attached as Exhibit 4 to this Complaint.
`
`30.
`
`The ’299 Patent is generally directed to the structure of a liquid crystal display device
`
`that has a protective member configured as a protective cover of the electronic device. The ’299
`
`Patent discloses and specifically claims novel and non-obvious subject matter that represents
`
`improvements over conventional liquid crystal displays that were available as of the priority date of
`
`the application that became the ’299 Patent.
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`31.
`
`On July 10, 2018, the USPTO duly and legally issued U.S. Patent No. 10,018,859
`
`(“the ’859 Patent”), titled “Liquid Crystal Display Device” to inventors Kazuhiko Yanagawa,
`
`Yasushi Iwakabe, Yoshiaki Nakayoshi, and Masatoshi Wakagi. A true and correct copy of the ’859
`
`Patent is attached as Exhibit 5 to this Complaint.
`
`32.
`
`The ’859 Patent is generally directed to the structure of a liquid crystal display device
`
`that prevents light leaks around spacers, which are used to ensure cell gap. The ’859 Patent discloses
`
`and specifically claims novel and non-obvious subject matter that represents improvements over
`
`conventional liquid crystal displays that were available as of the priority date of the application that
`
`became the ’859 Patent.
`
`33.
`
`On July 10, 2012, the USPTO duly and legally issued U.S. Patent No. 8,218,118
`
`(“the ’118 Patent”) titled “Liquid Crystal Display Device” to inventors Kikuo Ono, Makoto Yoneya,
`
`Tsunenori Yamamoto, Junichi Hirakata, and Yoshiaki Nakayoshi. A true and correct copy of the
`
`’118 Patent is attached as Exhibit 7 to this Complaint.
`
`34.
`
`The ’118 Patent is generally directed to the structure of a liquid crystal display that
`
`has enhanced numerical aperture while still maintaining improved viewing angle characteristics.
`
`The ’118 Patent discloses and specifically claims novel and non-obvious subject matter that
`
`represents improvements over conventional liquid crystal displays that were available as of the
`
`priority date of the application that became the ’118 Patent.
`
`35.
`
`On September 24, 2019, the USPTO duly and legally issued U.S. Patent No.
`
`10,423,034 (“the ’034 Patent”), titled “Liquid Crystal Display Device” issued to inventors Takahiro
`
`Ochiai, Tohru Sasaki, and Tetsuya Nagata. A true and correct copy of the ’034 Patent is attached as
`
`Exhibit 6 to this Complaint.
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`36.
`
`The ’034 Patent is generally directed to the structure of a liquid crystal display device
`
`that enables the suppression of oriental disturbance and transmittance reduction due to the formation
`
`of a column. The ’034 Patent discloses and specifically claims novel and non-obvious subject matter
`
`that represents improvements over conventional liquid crystal displays that were available as of the
`
`priority date of the application that became the ’034 Patent.
`
`37.
`
`On June 25, 2019, the USPTO duly and legally issued U.S. Patent No. 10,330,989
`
`(“the ’989 Patent”), titled “Liquid crystal display device, display device and manufacturing method
`
`thereof” to inventors Yoshiaki Nakayoshi and Kazuhiko Yanagawa. A true and correct copy of the
`
`’989 Patent is attached as Exhibit 8 to this Complaint.
`
`38.
`
`The ’989 Patent is generally directed to the structure of a liquid crystal display device
`
`where an electrode which forms the holding capacity is a linear electrode and the feeding is limited
`
`to one direction to increase the feeding resistance so as to enable faster driving of the liquid crystal
`
`display device. The ’989 Patent discloses and specifically claims novel and non-obvious subject
`
`matter that represents improvements over conventional liquid crystal displays that were available as
`
`of the priority date of the application that became the ’989 Patent.
`
`39.
`
`On May 3, 2011, the USPTO duly and legally issued U.S. Patent No. 7,936,429 (“the
`
`’429 Patent”), titled “Liquid Crystal Display Device” to inventors Kikuo Ono, Makoto Yoneya,
`
`Tsunenori Yamamoto, Junichi Hirakata, and Yoshiaki Nakayoshi. A true and correct copy of the
`
`’429 Patent is attached as Exhibit 9 to this Complaint.
`
`40.
`
`The ’429 Patent is generally directed to the structure of a liquid crystal display that
`
`has enhanced numerical aperture while still maintaining improved viewing angle characteristics.
`
`The ’429 Patent discloses and specifically claims novel and non-obvious subject matter that
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`represents improvements over conventional liquid crystal displays that were available as of the
`
`priority date of the application that became the ’429 Patent.
`
`TIANMA’S INFRINGING PRODUCTS AND ACTIVITIES
`
`41.
`
`Tianma designs, manufactures, and sells TFT LCD panels. See About Tianma,
`
`TIANMA MICROELECTRONICS, http://en.tianma.com/about.shtml.
`
` According to Tianma, its
`
`“shipments of small and medium size modules kept the leading position among the global panel
`
`factories” and its “market share for high-end medical devices, aviation entertainment, navigation and
`
`VOIP products ranked first worldwide.” Id. Tianma manufactures infringing TFT LCD panels in
`
`Asia and sells them worldwide, including in the United States. See id. (stating that Tianma has
`
`“manufacturing facilities in Shenzhen, Shanghai, Chengdu, Wuhan, and Xiamen, China as well as
`
`in Akita, Japan. In addition, a global sales and technical support network has been put in place that
`
`includes offices in the United States, Germany, Japan, South Korea, Taiwan, Hong Kong etc. to
`
`ensure seamless global support to our customers.”). Tianma makes, uses, sells, offers to sell within
`
`the United States or imports to the United States infringing TFT LCD panels through making sales,
`
`marketing to, and providing engineering support to U.S. based customers through its wholly-owned
`
`subsidiary, Tianma America. See About Us, TIANMA AMERICA, https://usa.tianma.com/company-
`
`services/company-history-roadmap (stating that “Tianma America has responsibility for all sales,
`
`marketing, and engineering support of the Tianma Group display solutions in the Americas.”).
`
`42.
`
`The claims of the Asserted Patents cover Tianma’s TFT LCD panels, their
`
`components, and processes related to the same (referred to herein as the “Accused Panel(s)” or
`
`“infringing TFT LCD panels”). The Accused Panels are incorporated and utilized in various
`
`consumer devices, including “smart phones, tablet PCs, smart wear, automotive instrumentation,
`
`industrial and medical
`
`instrumentation, avionic display, home automation, etc.”
`
` See
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`http://en.tianma.com/about.shtml.
`
` For example,
`
` TL062FVMC70, TM062JDSC03, and
`
`TL079QDXP02 are among the infringing TFT LCD panels and are utilized in at least the Motorola
`
`Moto G7 smartphone, the Motorola Moto G7 Power smartphone, and the Asus ZenPad S 8.0 tablet,
`
`respectively.
`
`43.
`
` Tianma’s customer Motorola Mobility LLC designs, manufactures, and sells the
`
`Motorola Moto G7 smartphone and Moto G7 Power smartphone, which incorporates Tianma’s
`
`infringing TFT LCD panels with model numbers TL062FVMC70 and TM062JDSC03, respectively.
`
`Motorola Mobility LLC is headquartered at 222 W. Merchandise Mart Plaza, Suite 1800 Chicago,
`
`Illinois
`
`60654.
`
`
`
`See
`
`Contact
`
`Us,
`
`Motorola
`
`Mobility
`
`LLC,
`
`https://www.motorola.com/us/about/contact. Upon information and belief, Motorola Mobility LLC
`
`had on average 8% of the market for all smartphones shipped in the U.S. in 2019. See US
`
`Smartphone Market Share: By Quarter, COUNTERPOINT, https://www.counterpointresearch.com/us-
`
`market-smartphone-share/ (last visited July 31, 2020). Upon information and belief, Motorola
`
`Mobility LLC distributes its products, including the Motorola Moto G7 smartphone, across the U.S.,
`
`including in Texas and this judicial District by direct sales as well as through its retail partners. See
`
`Motorola Moto G7, MOTOROLA, https://www.motorola.com/us/smartphones-moto-g7/p (last visited
`
`July 31, 2020).
`
`44.
`
`Tianma’s customer Asustek Computer Inc. designs, manufacturers, and sells the
`
`Asus ZenPad S 8.0 tablet, which incorporates Tianma’s infringing TFT LCD panels with model
`
`number TL079QDXP02. Tianma supplies infringing TFT LCD panels to Asustek Computer, Inc.
`
`for its smartphones, notebook PCs and tablet products. See News and Information, TIANMA
`
`AMERICA, https://usa.tianma.com/news-information/news/2016/04/11/tianma-to-be-main-supplier-
`
`of-panels-for-new-asustek-notebooks. Asus Computer International, is a corporation established
`
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`under the laws of the State of California, having a principal place of business at 48720 Kato Road,
`
`Fremont, CA 94538. Upon information and belief, Asus Computer International is a wholly owned
`
`subsidiary of Asustek Computer, Inc. responsible for the sales and distribution of Asustek Computer,
`
`Inc.’s smartphones, notebook PCs, and tablets in the United States. See Asustek Computer Inc. and
`
`Subsidiaries Consolidated Financial Statements With Independent Auditors’ Review Report Thereon
`
`September
`
`30,
`
`2019
`
`and
`
`2018,
`
`https://www.asus.com/event/Investor/Content/attachment_en/2019_Q3_Finacial_Report.pdf,
`
`at
`
`p. 14 (last visited July 31, 2020). Asus Computer International distributes its devices, including the
`
`Asus ZenPad S 8.0 tablet, in the U.S., including in Texas and this District by direct sales as well as
`
`through its retail partners. See id. (stating that Asus Computer International’s main business activity
`
`is “selling of 3C products in North America”) (last visited July 31, 2020).
`
`COUNT I
`
`(INFRINGEMENT OF U.S. PATENT NO. 8,218,119)
`
`45.
`
`JDI and PLD re-allege and incorporate by reference the allegations in paragraphs 1-
`
`44 above.
`
`46.
`
`JDI and PLD are the assignees of the ’119 Patent. Plaintiffs have all substantial rights
`
`to enforce the ’119 Patent, including the right to exclude others and to sue and recover damages for
`
`past and future infringement.
`
`47.
`
`The ’119 Patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`48.
`
`Tianma has infringed and continues to infringe directly and/or indirectly (by inducing
`
`infringement), either literally or under the doctrine of equivalents, one or more claims of the ’119
`
`Patent in this District and elsewhere.
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`49.
`
`At a minimum, Tianma has known of the ’119 Patent at least as early as the filing
`
`date of the complaint. In addition, Tianma has known of the ’119 patent since June 17, 2015, when
`
`JDI sent Tianma detailed claim charts demonstrating infringement of several products.
`
`50.
`
`Tianma directly infringes at least claim 1 of the ’119 Patent under 35 U.S.C. § 271(a)
`
`by making, using, selling, offering for sale in the United States, and/or importing into the United
`
`States, without permission, consent, authority or license, TFT LCD panels, including without
`
`limitation the TL062FVMC70 incorporated into the Motorola Moto G7 smartphone. Furthermore,
`
`upon information and belief, Tianma sells and makes Accused Panels outside of the United States,
`
`delivers the Accused Panels to its customers, distributors, and/or subsidiaries in the United States,
`
`or in the case that it delivers the Accused Panels outside of the United States, Tianma does so
`
`intending and/or knowing that the Accused Panels are destined for the United States and/or are
`
`designing those products for sale in the United States, thereby directly infringing the ’119 Patent.
`
`Furthermore, Tianma directly infringes the ’119 Patent through its direct involvement in the
`
`activities of its subsidiaries, including Tianma America, including by selling and offering for sale
`
`the Accused Panels directly to Tianma America and importing the Accused Panels into the United
`
`States for Tianma America. Upon information and belief, Tianma America conducts activities that
`
`constitutes direct infringement of the ’119 Patent under 35 U.S.C. § 271(a) by making, offering for
`
`sale, selling, and/or importing those Accused Panels. Tianma is vicariously liable for this infringing
`
`conduct of Tianma America as Tianma has the right and ability to control Tianma America’s
`
`infringing acts and receives a direct financial benefit from Tianma America’s infringement.
`
`51.
`
`Independent claim 1 of the ’119 Patent recites:
`
`1. A liquid crystal display comprising:
`
`a pair of transparent substrates opposed to each other with liquid
`crystal therebetween;
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`52.
`
`one of the pair of transparent substrates having a plurality of drain
`signal lines and a plurality of gate signal lines, and a plurality
`of pixel regions defined by the drain signal lines and the gate
`signal lines;
`wherein the pixel region has: a TFT element; a first electrode
`formed of a transparent electrode having a plurality of slits;
`a connection area that connects the first electrode to the TFT
`element; and
`a second electrode formed of a transparent electrode;
`wherein the second electrode is disposed between the first
`electrode and the one of the pair of transparent substrates, the
`second electrode is connected with the second electrode of an
`adjacent pixel region, and the connected second electrode is
`arranged at a position overlapping with the gate signal line.
`
`
`The TFT LCD panel model number TL062FVMC70, designed, manufactured, and
`
`sold by Tianma and incorporated in the Motorola Moto G7 smartphone infringes at least claim 1 of
`
`the ’119 Patent.
`
`53.
`
`The TL062FVMC70 has a liquid crystal display comprising: a pair of transparent
`
`substrates opposed to each other with liquid crystal therebetween. One of the pair of transparent
`
`substrates having a plurality of drain signal lines and a plurality of gate signal lines.
`
`Transparent Substrate
`
`
`
`
`
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`Liquid Crystal
`
`Plurality of
`Gate Signal
`Lines
`
`Transparent Substrate
`
`Plurality of Drain
`Signal Lines
`
`
`
`Optical Microscope Images of TL062FVMC70
`
`54.
`
`The TL062FVMC70 has a plurality of pixel regions defined by the drain signal lines
`
`and the gate signal lines. The pixel region has a TFT element and a first electrode formed of a
`
`transparent electrode having a plurality of slits. The TL062FVMC70 has a connection area that
`
`connects the first electrode to the TFT element.
`
`First Electrode having a
`Plurality of Slits
`
`
`
`Connection Area
`
`TFT element
`
`
`
`
`
`Scanning Electron Microscope Image (left) and Optical Microscope Image (right) of
`TL062FVMC70
`
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`55.
`
`The TL062FVMC70 has a second electrode formed of a transparent electrode. The
`
`second electrode is disposed between the first electrode and the one of the pair of transparent
`
`substrates.
`
`A 
`
`A’ 
`
`A’ 
`
`A 
`
`
`Optical Microscope Image (left) and Scanning Electron Microscope Analysis (right) of
`TL062FVMC70
`
`
`
`56.
`
`The second electrode of the TL062FVMC70 is connected with the second electrode
`
`of an adjacent pixel region, and the connected second electrode is arranged at a position overlapping
`
`with the gate signal line.
`
`
`
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`B’ 
`
`
`
`B 
`
`Pixel Region
`
`Second
`Electrode
`
`Gate Signal Line
`
`B’ 
`
`
`
`
`
`B  A
`
`djacent
`Pixel Region
`
`
`
`Optical Microscope Image (left)