Global Touch Solutions v. Motorola Mobility

8/12/2019 Global Touch Solutions v. Motorola Mobility

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T I L E D

IN T H E U N I T E D S T AT E S D I ST R IC T C O U R T

FOR THE EASTERN DISTRICT OF VIRGINIA^ | ftjjg | p 52

G L O B A L T O U C H S O L U TI O N S L L C

Plaintiff

M O TO R O L A M O B IL IT Y L L C

D e f e n d a n t .

C a s e N o .

TRICTCSURTALeXAHBRlA. VIRGINIA

l cvUii fc/J>J U R Y T R I A L D E M A N D E D

C O M P L A I N T F O R P A T E N T I N F R I N G E M E N T

This is an action for patent infringement in which Global Touch Solutions. LLC ( GTS

or Plaintiff ) makes the following allegations against Motorola Mobility, LLC ( Motorola or

Defendant ) .

P A R T I E S

1. Plainti ffGTS is a Delaware Limited Liability Company with its principal place of

business at 8133 Leesburg Pike. Suite 310, Vienna, Virginia 22182.

2. On information and belief. Defendant Motorola Mobility. LLC is a limited

liability corporation organized under the laws of the State of Delaware with its principal place of

business located at 60 0 N. US I lighway 45, Libertyville. Illinois 60196.

J U R I S D I C T I O N A N D V E N U E

3. This action arises under the patent laws of the United States. Title 35 of the

United States Code. This Court has subject matterjurisdiction under 28 U.S.C. 1331 and

1338(a).

4. Venue is proper in this district under 28 U.S.C. 1391 and 1400(b). On

information and belief. Defendant has transacted business in this judicial district, directly or


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through intermediaries, and has committed acts of direct patent infringement in this judicial

dis t r ic t .

O U N T

I N F R I N G E M E N T O U S P T E N T NO 7 994 726

5. GTS re-alleges and incorporates by reference the allegations set forth in

paragraphs I through 4.

6. This cause of action arises under the patent laws of the United States , and in

particular, 35 U.S.C. 271 l s q

7. GTS is the owner by assignment of United States Patent No. 7,994,726 (the 72 6

Patent ) entitled Intelligent User Interface Including a Touch Sensor Device. The '726 Patent

is valid and enforceable and was duly issued on August 8, 2011. Plaintiff has all rights to recover

for past and future acts of infringement of the '726 Patent. A true and correct copy of the '726

P a t e n t is a tt ac h ed h e re to a s E x hi bi t A .

8. On information and belief, Defendant has been and now is infringing the '726

Patent in this judicial district, and elsewhere in the United States, including at least claims 1,3-

10, 19, 20 and 27 through, among other things, the manufacture, use, sale, offers for sale within

the United States, and importation of products into the United States, including, without

l imitation, Droid Razor, Droid Ultra, Droid Mini, Droid Maxx, Moto X, Moto G and Moto E,

which at minimum include every element of claims 1, 3-10, 19, 20 and 27 of the 72 6 Patent.

Apple is thereby liable for infringement of the '726 Patent pursuant to 35 U.S.C. 271(a).

9. Defendant manufactures, uses, sells, offers for sale, and imports products,

including, but not limited to its Droid Razor, Droid Ultra, Droid Mini, Droid Maxx, Moto X,

Moto G and Moto E that include one or more of a lock screen coupled with display of radio


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status information and/or a standby display of information. Defendant thereby has been and is

presently directly and literally infringing the '726 Patent.

10. Should Defendant proffer an interpretation of any claim element that differs from

GTS's, GTS intends to show direct infringement of those elements by demonstrating that they

are n o m or e than insubstantial differences between th e element and th e features o f th e accused

products.

11. Defendant 's instruct ions and marketing materials directed to end users of its

products encourage use of the claimed features of the '726 Patent. After the date of this action,

such actions will constitute inducement of infringement by others pursuant to 35 U.S.C.

271(b).

12. GTS has been damaged as a result o f Defendant's infringing conduct described in

this Count. Defendant is thus liable to GTS in the amount that adequately compensates GTS for

Defendant's infringement, which by law, cannot be less than a reasonable royalty, together with

interest and costs as fixed by this Court under 35 U.S.C. 284. Defendant has had constructive

notice of the '726 Patent since its date of issuance, and GTS seeks recovery for the period

consistent with 35 U.S .C. 28 6 an d 287(a).

C O U N T I I

INFRINGEMENT OF U S PAT E N T NO 7 498 749

13. GTS re-al leges and incorporates by reference the al legat ions set forth in



particular, 35 U.S.C. 271 t s q

15. GTS is the owner by assignment o f United States Patent No. 7,498,749 (the 74 9

Patent ) entitled Intelligent Electrical Switching Device Including a Touch Sensor User


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Interface Switch. The 749 Patent was issued on March 3, 2009. GTS has all rights to recover


Pa t en t is a t ta c h ed h e re t o as Exhibi t B.


Patent in this judicial district, and elsewhere in the United States, including at least claims 1,2,

5-7, 14, 15, 21 and 23 through, among other things, the manufacture, use, sale, offers for sale

within the United States, and importation of products into the United States, including, without

limitation, Droid Razor, Droid Ultra, Droid Mini, Droid Maxx, Moto X, Moto G and Moto E,

which at minimum include every element of claims 1, 2, 5-7, 14, 15, 21 and 23 of the 74 9

Patent. Defendant is thereby liable for infringement of the '749 Patent pursuant to 35 U.S.C.

271(a).




status information, a standby display o f information and/or a touchscreen interaction triggering

lock screen activation. Defendant thereby has been and is presently directly and literally

infringing the '749 Patent.


GTS', GTS intends to show direct infringement of those elements by demonstrating that they are

n o m or e than insubstantial d if fe re n ce s b e tw e en t he e le m en t and th e features o f t he a c cu s ed

products.

19. Defendant s instructions and marketing materials directed to end users of its



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271(b).

20. GTS has been damaged as a result of Defendant's infringing conduct described in





consistent with 35 U.S.C. 28 6 an d 287(a).

C O U N T I I I

I N F RI N G EM E N T O F U S PAT E N T NO 7 329 970



22. This cause of action arises under the patent laws of the United States, and in


23. GTS is the owner by assignment of United States Patent No. 7,329,970 (the 970

Patent ) entitled Touch Sensor and Location Indicator Circuits. The 9 70 Patent is valid and

enforceable and was duly issued on February 12, 2008. Plaintiff has all rights to recover for past

and future acts of infringement of the '970 Patent. A true and correct copy of the '970 Patent is

at tached here to as Exhibi t C .


Patent in this judicial district, and elsewhere in the United States, including at least claims 1, 3-5,

10-14, 19, 48, 49, 51 and 52 through, among other things, the manufacture, use, sale, offers for

sale within the United States, and importation of products into the United States, including,

without limitation, Droid Razor, Droid Ultra, Droid Mini , D ro id M ax x, M o to X, Moto G an d


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Moto E, which at minimum include every element o f claims 1, 3-5, 10-14, 19,48,49, 51 an d 52

of the '970 Patent. Defendant is thereby liable for infringement of the '970 Patentpursuant to 35

U.S.C. 271(a).

25. Defendant manufactures, uses sells offers forsale,and imports products,


MotoG and Moto E that includeone or more of a lock screencoupledwith display of radio

status information touchscreen interaction triggeringlock screen activation and/or a standby

display of information. Defendant therebyhas been and is presently directly and literally

infringing the 970 Patent.


GTS s GTS intends to show direct infringement of those elements by demonstrating that they

ar e no more than insubstantial differences between the element a nd t he features o f th e accused

products.

27. Defendant's instructions and marketing materials directed to end users of its

productsencourage use of the claimed features of the '970 Patent. After the date of this action,

suchactionswillconstitute inducement of infringement by otherspursuant to 35 U.S.C.

271(b).


this Count. Defendant isthus liableto GTS inthe amount that adequately compensates GTS for

Defendant's infringement which by law cannot be less than a reasonable royalty together with



consistent with 35 U.S.C. 286 and 287(a).


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O U N T I V





particular, 35 U.S.C. 271 l s q


Patent ) entitled Intelligent User Interface Including a Touch Sensor Device. The '980 Patent

is valid and enforceable and was duly issued on August 24, 2010. Plaintiff has all rights to

recover for past and future acts of infringement of the '980 Patent. A true and correct copy of the

9 8 0 P a te n t i s a tt ac he d h e re t o as Exhibi t D .


Patent in this judicial district, and elsewhere in the United States, including at least claims 1,3-5

and 32 through, among other things, the manufacture, use, sale, offers for sale within the United

States, and importation of products into the United States, including, without limitation, Droid

Razor, Droid Ultra, Droid Mini , Droid Maxx, Moto X, Moto G and Moto E, which at minimum

include every element of claims 1, 3-5 and 32 of the '980 Patent. Defendant is thereby liable for

infringement of the '980 Patent pursuant to 35 U.S.C. 271(a).



Moto G and Moto E that include one or more of a lock screen coupled display of radio status

information and/or a standby display of information. Defendant thereby has been and is presently

directly and literally infringing the 98 0 Patent.


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ar e n o m ore than insubstantial d if fe re n ce s b e tw e en t h e e l em e n t and th e features o f th e accused

products.

35. Defendant 's instruct ions and marketing materials directed to end users of its



271(b).





notice of the '980 Patentsince its date of issuance, and GTSseeks recovery for the period

consistent with 35 U.S.C. 2 86 a nd 287(a).

O U N T V

I N F R I N G E M E N T O F U S P T E N T NO 8 288 952


paragraphs 1 through 4.



39. GTS is the owner by assignment of United States Patent No. 8,288,952 (the 952

Patent ) entitled Intelligent User Interface Including a Touch Sensor Device. The 95 2 Patent

is valid and enforceable and was duly issued on October 15, 2012. Plaintiff has all rights to


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recover for pastand future actsof infringement of the '952 Patent. A true and correct copyof the

95 2 Patent is a t tached he re to as Exhibit E.

40. On information and belief, Defendant has been and now is infringing the 952

Patentin thisjudicialdistrict, andelsewhere in the United States, including at leastclaims 1-4

14, 16, 17, 19, 22-24, 26, 27 and 38-40 through, among other things, the manufacture, use, sale,

offers for sale within the United States, and importation of products into the United States,

including, without limitation, Droid Razor Droid Ultra Droid Mini, Droid Maxx, Moto X, Moto

G and Moto E, which at minimum include every element of claims 1-4, 14, 16, 17, 19, 22-24, 26,

27 and 38-40 o f the '952 Patent. Defendant is thereby liable for infringement o f the 952 Patent

pursuant to 35 U.S.C. 271(a).


including, but not limited to its Droid Razor Droid Ultra, DroidMini, DroidMaxx, Moto X,


information and/or a standby display of information. Defendant thereby has been and is presently

directly and literally infringing the '952 Patent.



ar e no more than insubstantial differences between th e element an d th e features o f th e accused

products.


products encourage use of the claimed features of the '952 Patent. After the date ofthis action


271(b).


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consistent with 35 U.S.C. 286 and 287(a).

O U N T VI


45. GTS re-alleges and incorporates by reference the al legations set forth in





Patent ) entitled Intelligent User Interface With Touch Sensor Technology. The '494 Patent is

valid and enforceable and was duly issued on September 4, 2007. Plaintiffhas all rights to

recover for past and future acts of infringement of the '494 Patent. A true and correct copy of the

494 Patent is a tt ac he d h er et o a s E x hi bi t F.

48. On information and belief, Defendant has been and now is infringing the 494

Patent in this judicial district, and elsewhere in the United States, including at least claims 1, 3, 5,

12-14, 18, 20, 29, 30, 34 and 35 through, among other things, the manufacture, use, sale, offers

for sale within the United States, and importation of products into the United States, including,

without l imitation, Droid Ultra, Droid Min i, Dro id Maxx an d Moto X, which at minimum

include every element of claims I, 3, 5, 12-14, 18, 20, 29, 30, 34 an d 35 of the 49 4 Patent.

Defendant is thereby liable for infringement of the '494 Patent pursuant to 35 U.S.C. 271(a).

10


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49. Defendant manufactures, uses, sells, offers for sale, and imports products ,

including, but not limited to its Droid Ultra, Droid Mini, Droid Maxx and Moto X that include

one or more of a touchscreen interaction triggering lock screen activation and/or a standby

display of information. Defendant thereby has been and is presently directly and literally

infringing the 49 4 Patent.



are n o m or e t h an in subs t ant i a l d if fe re nc es b et we en t he e le m en t a nd t he features o f t h e a c cu s ed

products.

51. Defendant 's instructions and marketing materials directed to end users of its



271(b).





notice of the 494 Patent since its date of issuance, and GTS seeks recovery for the period

consistent with 35 U.S.C. 286 and 287(a) .

C O U N T V I I

I N F R I N G E M E N T O F U S PAT E N T N O 8 035 623

53. GTS re-al leges and incorporates by reference the al legat ions set forth in


u


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54. This cause o f action arises under the patent laws of the United States, and in



Patent ) entitled User Interface with Proximity Sensing. The '623 Patent is valid and

enforceable and was duly issuedon October 11,2011. Plaintiffhas all rights to recover for past

and future acts of infringement of the '623 Patent. A true and correct copy of the '623 Patent is

a t ta c h ed h e r et o a s E xh ib it G .


Patent in this judicial district, and elsewhere in the United States, including at least claims 24 and

31 through, among other things, the manufacture, use, sale, offers for sale within the United

States, and importation of products into the United States, including, without limitation, Droid

Ultra, Droid Mini, Droid Maxx and Moto X, which at minimum include every element of claims

24 and 31 of the '623 Patent. Defendant is thereby liable for infringement of the '623 Patent

pursuant to 35 U.S.C. 271(a) .



touchscreen proximity detection. Defendant thereby has been and is presently directly and

literally or under the doctrine o f equivalents infringing the '623 Patent.



a re n o more than insubstantial differences between t he e le m en t a n d th e features o f t h e a c cu s ed

products.

12


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59. Defendant 's ins tructions and marke ting mater ials directed to end users of its



271(b).






consistent with 35 U.S.C. 2 86 a nd 287(a).

C O U N T V I I I

INFRINGEMENT OF U S PATENT NO 7 772 781

61. GTS re-al leges and incorporates by reference the al legations set forth in




63. GTS is the owner by assignment of United States Patent No. 7,772,781 (the '781

Patent ) entitled Intelligent User Interface With Touch Sensor Technology. The '781 Patent is

valid and enforceable and was duly issued on August 10, 2010. Plaintiff has all rights to recover


Patent is a t ta ched he re to as E x hi bi t H .


Patent in this judicial district, and elsewhere in the United States, including at least claims 1-3, 7,

8, 10, 17 and 22 through, among other things, the manufacture, use, sale, offers for sale within

13


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the United States, and importation of products into the United States, including, without

limitation, Droid Ultra, Droid Mini, Droid Maxx and Moto X, which at minimum include every

element of claims 1-3, 7, 8, 10, 17 and 22 of the '781 Patent. Defendant is thereby liable for

infringement of the '781 Patent pursuant to 35 U.S.C. 271(a).



touchscreen proximity detection. Defendant thereby has been and is presently directly and

literally or under the doctrine of equivalents infringing the '781 Patent.

66. Should Defendant profferan interpretation of any claim element that differs from


are n o more than insubs tant ia l d i ff e re n ce s b e tw e en t h e element a nd t he features o f th e accused

products.




271(b).






consis tent with 35 U.S.C. 2 86 a nd 287(a).

C A U S E O F A C T I O N

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69. GTS repeats and re-alleges the allegations set forth in Paragraphs 1 through 68 as

i f those allegations had been set forth herein.

70. Defendant,without authorization or license and in violation of 35 U.S.C. 271(a)

and (b) have been and is infringing the '726, '749, '970, '980, '952, '494, '623 and '781 Patents

literallyor underthe doctrine of equivalents, directlyor indirectly, includingby knowinglyor

specifically intending to induce infringement by others.

71. Defendant 's infringement occurring after the date of this action will constitute

willful infringement.

72. Defendant's unauthorized use of GTS's patented-technology causes GTS harm.P R A Y E R F O R R E L I E F

WHEREFORE, in consideration of the foregoing, GTS respectfully request that this

Honorable Courtenterjudgmentagainst Defendant and in favor of GTS. GTS prays thatthis

Cour t :

A. judgment in favor of GTS that Defendanthas willfully infringed the '726, '749,

'970, '980. '952, '494, '623 and '781 Patents, directly and indirectly, as aforesaid;

B. award GTSall reliefavailable under 284ofthe Patent Act, including monetary

damages, for Defendant's infringement in an amount to be determined by the trier of fact;

C. awardGTS all reliefavailableunder 285 of the PatentAct, including the costs

of this litigation as well as expert witness and attorneys' fees;

D. order payment of all applicable interests, including prejudgment interest; and

E. award GTS any equitable relief the Court may deem appropriate.

D E M A N D F O R J U R Y T R I A L

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GTS demands a trial by jury of any and all issues triable of right before a jury pursuant to

L ed . R . C i v P. 3 8 .

Dated: August 1.2014 Respectfully Submitted.

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Alan A. [email protected] l ae - Ch a n P a rk

hparkft park-law.com11.C. PARK ASSOCIATES, PLC1894 Pres ton W h i t e D r i v e

Res ton . VA 2 01 91

Telephonc:(703) 544-9257

Facsimile: (703)288-5139

A T T O R N E Y S F O R P L A I N T I F F

GLOBAL TO U C H SOLUTIONS, LLC

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Global Touch Solutions v. Motorola Mobility