Case 1:15-cv Document 1 Filed 11/30/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

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1 Case 1:15-cv Document 1 Filed 11/30/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION TWENTY-FIRST CENTURY TECHNOLOGIES, INC. Plaintiff v. CIVIL ACTION NO. 1:15-cv ACER AMERICA CORPORATION AND ACER, INC. Defendant. PLAINTIFF S ORIGINAL COMPLAINT AND JURY DEMAND Plaintiff Twenty-First Century Technologies, Inc. ( TFC ) files this Original Complaint against Acer America Corporation and Acer, Inc. (collectively, Defendant or Acer ) for infringement of U.S. Patents Nos. 6,199,996 (the 996 Patent ), 7,284,872 (the 872 Patent ), 7,883,227 (the 227 Patent ), and 8,540,384 (the 384 Patent ). THE PARTIES 1. Plaintiff TFC is a Delaware corporation with its headquarters and principal place of business at 2809 Vallarta Lane, Austin, Texas Defendant Acer, Inc., is a publically held Taiwanese company with its principal place of business at 8F, 88, Sec. 1, Xin Tai 5th Rd. Xizhi, New Taipei City 221, Taiwan, R.O.C. and may be served at that address pursuant to Fed. R. Civ P. 4(f). 3. Defendant Acer America Corporation is a California corporation with a principal place of business at 333 West San Carlos Street, Suite 1500, San Jose, California and may be served pursuant to Fed. R. Civ. P. 4(e)(1) through its registered agent, CT Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, California JURISDICTION AND VENUE Plaintiff s Original Complaint and Jury Demand Page 1

2 Case 1:15-cv Document 1 Filed 11/30/15 Page 2 of TFC brings this action for patent infringement under the patent laws of the United States, namely 35 U.S.C. 271, 281, and , among others. This Court has subject-matter jurisdiction pursuant to 28 U.S.C and 1338(a). 5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(c) and 1400(b). Acer does business in this judicial district, has committed acts of infringement in this judicial district, and has purposely transacted business in this judicial district involving the accused products. 6. Acer 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 judicial district, including: (A) committing a tort in Texas by selling and offering to sell, as well as delivering, infringing products in the state of Texas and this judicial district; and (B) regularly doing or soliciting business, engaging in other persistent conduct, and/or deriving substantial revenue from goods sold and services provided to Texas residents. COUNT I (INFRINGEMENT OF U.S. PATENT NO. 6,199,996) 7. TFC incorporates paragraphs 1 through 6 herein by reference. 8. TFC is the owner, by assignment, of U.S. Patent No. 6,199,996 (the 996 Patent ) titled LOW POWER, LOW COST ILLUMINATED KEYBOARDS AND KEYPADS. 9. A true and correct copy of the 996 Patent is attached as Exhibit A. 10. As the owner of the 996 Patent, TFC holds all substantial rights in and under the 996 Patent, including the right to grant sublicenses, exclude others, and to enforce, sue, and recover damages for past and future infringement. 11. The United States Patent Office issued the 996 Patent on March 13, Plaintiff s Original Complaint and Jury Demand Page 2

3 Case 1:15-cv Document 1 Filed 11/30/15 Page 3 of The 996 Patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code. 13. Acer has practiced and continues to practice one or more claims of the 996 Patent, including at least claims 1, 2, 4, 10, and 11, by making, using, offering for sale, selling and/or importing products, including the Acer Aspire S7, with electroluminescent keyboard backlighting. 14. Acer has no consent or authorization to practice the 996 Patent. 15. Acer sells, offers to sell, imports, and/or uses the Aspire S7 laptop in the United States. 16. Acer makes the Aspire S7 laptop for importation into the United States. 17. The Acer Aspire S7 has keys and key components of an optically transmissive material. 18. The Acer Aspire S7 has one or more flexible electroluminescent sheets underlying said keys to provide an intensity of illumination to said keys visual to a user of the apparatus. 19. The Acer Aspire S7 has a photosensitive device responsive to ambient light conditions to control the intensity of illumination of the keyboard. 20. The Acer Aspire S7 has an intensity control device to enable a user to vary the intensity of illumination provided by the electroluminescent sheet. 21. TFC has been damaged as a result of Acer s infringing conduct. 22. Acer is liable to TFC in an amount that adequately compensates TFC for Acer s infringement, which compensation can be no less than a reasonable royalty together with interest and costs as fixed by this Court under 35 U.S.C Plaintiff s Original Complaint and Jury Demand Page 3

4 Case 1:15-cv Document 1 Filed 11/30/15 Page 4 of 10 COUNT II (INFRINGEMENT OF U.S. PATENT NO. 7,284,872) 23. TFC incorporates paragraphs 1 through 22 herein by reference. 24. TFC is the owner, by assignment, of U.S. Patent No. 7,284,872 (the 872 Patent ), titled LOW POWER, LOW COST ILLUMINATED KEYBOARDS AND KEYPADS. 25. A true and correct copy of the 872 Patent is attached as Exhibit B. 26. As the owner of the 872 Patent, TFC holds all substantial rights in and under the 872 Patent, including the right to grant sublicenses, exclude others, and to enforce, sue, and recover damages for past and future infringement. 27. The United States Patent Office issued the 872 Patent on October 23, The 872 Patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code. 29. Defendants are practicing one or more claims of the 872 Patent, including at least claim 8, by making, using, offering for sale, selling and/or importing the Aspire S7 laptop that features electroluminescent keyboard backlighting. 30. Defendants have no consent or authorization to practice the 872 Patent. 31. The Acer Aspire S7 has keys of an optically transmissive material. 32. The Acer Aspire S7 has one or more flexible luminescent sheets underlying said keys to provide an intensity of illumination to said keys visual to a user of the apparatus, wherein different keys or groups of keys are tinted with different colors to provide illuminated keys or groups of keys that emit light of different colors. 33. TFC has been damaged as a result of Acer s infringing conduct. 34. Acer is thus liable to TFC in an amount that adequately compensates it for Plaintiff s Original Complaint and Jury Demand Page 4

5 Case 1:15-cv Document 1 Filed 11/30/15 Page 5 of 10 Defendants infringement, which compensation can be no less than a reasonable royalty together with interest and costs as fixed by this Court under 35 U.S.C COUNT III (INFRINGEMENT OF U.S. PATENT NO. 7,883,227) 35. TFC incorporates paragraphs 1 through 34 herein by reference. 36. TFC is the owner, by assignment, of U.S. Patent No. 7,883,227 (the 227 Patent ) titled LOW POWER, LOW COST ILLUMINATED KEYBOARDS AND KEYPADS. 37. A true and correct copy of the 227 Patent is attached as Exhibit C. 38. As the owner of the 227 Patent, TFC holds all substantial rights in and under the 227 Patent, including the right to grant sublicenses, exclude others, and to enforce, sue, and recover damages for past and future infringement. 39. The United States Patent Office issued the 227 Patent on February 8, The 227 Patent is valid, enforceable, and was duly issued in full compliance with Title 35 of the United States Code. 41. Acer has practiced and continues to practice one or more claims of the 227 Patent including at least claims 1, 2, 5, 6, 9, 13 and 14 by making, using, offering for sale, selling and/or importing products such as the Aspire S7 notebook computer that feature electroluminescent keyboard backlighting. data. 42. Defendants have no consent or authorization to practice the 227 Patent. 43. The Acer Aspire S7 is a laptop computer and includes a keyboard used to enter 44. The Aspire S7 features illuminated key cap components of an optically transmissive material. Plaintiff s Original Complaint and Jury Demand Page 5

6 Case 1:15-cv Document 1 Filed 11/30/15 Page 6 of Aspire S7 key cap components are tinted with different colors. 46. One or more plastic electroluminescent sheet(s) illuminate the key cap components or group of key caps or key cap components providing illumination visible to a user of the Aspire S Light visible to a user that is emitted from the electroluminescent sheet(s) is colored by tinted key cap or key cap components. 48. An optically transmissive portion of the key cap defines a symbol or function of the key so the function or symbol is visible to a user when light is emitted through the optically transmissive portion of the key cap. 49. The Aspire S7 includes key caps with Esc and PrtSc symbols denoting special functions or cursor control functions that are activated by the key. 50. S7 key caps comprise a substantially opaque portion through which light from the electroluminescent panel underlying the key components does not emit. 51. Substantially opaque portions of S7 keys define symbols or functions that are activated by the respective key. 52. The Aspire S7 features an intensity control device that varies keyboard illumination from an off state to multiple levels of backlight intensity. 53. The Aspire S7 varies keyboard backlight intensity based upon the level of ambient light external to the keyboard. 54. TFC has been damaged as a result of Acer s infringing conduct. 55. Acer is liable to TFC in an amount that adequately compensates TFC for Acer s infringement, which compensation can be no less than a reasonable royalty together with interest and costs as fixed by this Court under 35 U.S.C Plaintiff s Original Complaint and Jury Demand Page 6

7 Case 1:15-cv Document 1 Filed 11/30/15 Page 7 of 10 COUNT IV (INFRINGEMENT OF U.S. PATENT NO. 8,540,384) 56. TFC incorporates paragraphs 1 through 55 herein by reference. 57. TFC is the owner, by assignment, of U.S. Patent No. 8,540,384 (the 384 Patent ) titled LOW POWER LOW COST ILLUMINATED KEYBOARDS AND KEYPADS. 58. A true and correct copy of the 384 Patent is attached as Exhibit D. 59. As the owner of the 384 Patent, TFC holds all substantial rights in and under the 384 Patent, including the right to grant sublicenses, exclude others, and to enforce, sue, and recover damages for past and future infringement. 60. The United States Patent Office issued the 384 Patent on September 24, The 384 Patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code. 62. Defendants are practicing one or more claims of the 384 Patent, including at least claims 1, 2, 4, 5, 6, 9, and 10 by making, using, offering for sale, selling and/or importing products, including the Aspire S7 laptop computer, that feature electroluminescent keyboard backlighting. 63. Acer has no consent or authorization to practice the 384 Patent. 64. The Acer Aspire S7 is a portable computer that includes a keyboard. 65. The Acer Aspire S7 has keys and key cap components of an optically transmissive material. 66. Optically transmissive material comprising the key and key cap components of the Acer Aspire S7 are tinted to change the color of the light emitted through the material. 67. The Acer Aspire S7 has one or more flexible luminescent sheets that emit light Plaintiff s Original Complaint and Jury Demand Page 7

8 Case 1:15-cv Document 1 Filed 11/30/15 Page 8 of 10 through key cap components. 68. Groups of key caps and groups of keys are tinted with different colors. 69. TFC has suffered damages as a result of Acer s conduct infringing the 384 Patent. 70. Acer is liable to TFC for damages in an amount that adequately compensates TFC for Acer s infringement, which compensation can be no less than a reasonable royalty together with interest and costs as fixed by this Court under 35 U.S.C MARKING 71. TFC and its predecessors in interest have complied with the notice requirements of 35 U.S.C. 287 by requiring licensees to mark products made, sold, offered for sale, or distributed under license to the claims asserted herein. NOTICE OF REQUIREMENT OF LITIGATION HOLD 72. Defendants are hereby notified they are legally obligated to locate, preserve, and maintain all records, notes, drawings, documents, data, communications, materials, electronic recordings, audio/video/photographic recordings, and digital files, including edited and unedited or raw source material, and other information and tangible things that Defendant knows, or reasonably should know, may be relevant to actual or potential claims, counterclaims, defenses, and/or damages by any party or potential party in this lawsuit, whether created or residing in hard copy form or in the form of electronically stored information (hereafter collectively referred to as Potential Evidence ). 73. As used above, the phrase electronically stored information includes without limitation: computer files (and file fragments), (both sent and received, whether internally or externally), information concerning (including but not limited to logs of history Plaintiff s Original Complaint and Jury Demand Page 8

9 Case 1:15-cv Document 1 Filed 11/30/15 Page 9 of 10 and usage, header information, and deleted but recoverable s), text files (including drafts, revisions, and active or deleted word processing documents), instant messages, audio recordings and files, video footage and files, audio files, photographic footage and files, spreadsheets, databases, calendars, telephone logs, contact manager information, internet usage files, and all other information created, received, or maintained on any and all electronic and/or digital forms, sources and media, including, without limitation, any and all hard disks, removable media, peripheral computer or electronic storage devices, laptop computers, mobile phones, personal data assistant devices, Blackberry devices, iphones, video cameras and still cameras, and any and all other locations where electronic data is stored. These sources may also include any personal electronic, digital, and storage devices of any and all of Defendants agents, resellers, or employees if Defendants electronically stored information resides there. 74. Defendants are hereby further notified and forewarned that any alteration, destruction, negligent loss, or unavailability, by act or omission, of any Potential Evidence may result in damages or a legal presumption by the Court and/or jury that the Potential Evidence is not favorable to Defendant s claims and/or defenses. To avoid such a result, Defendants preservation duties include, but are not limited to, the requirement that Defendants immediately notifies their agents and employees to halt and/or supervise the auto-delete functions of Defendants electronic systems and refrain from deleting Potential Evidence, either manually or through a policy of periodic deletion. Plaintiff s Original Complaint and Jury Demand Page 9

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