Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 1 of 73 PageID #: 337

IN THE DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

FLEXIJET TECHNOLOGIES, INC.,

Plaintiff, Civil Action No. 2:18-CV-00034-JRG v. JURY TRIAL DEMANDED MAGICJACK VOCALTEC LTD.,

Defendant.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff FlexiJet Technologies, Inc. (“FlexiJet”) files this First Amended Complaint against Defendant magicJack VocalTec Ltd (“Defendant” or “magicJack”) for infringement of

U.S. Patents Nos. 8,296,757, 8,533,352, 8,595,717, 9,043,482, and 9,116,723, and hereby allege as follows:

NATURE OF THE ACTION

1. This is an action for patent infringement arising under the Patent Laws of the

United States, 35 U.S.C. §§ 1, et seq.

PARTIES

2. Plaintiff FlexiJet Technologies, Inc. is a Texas corporation with a place of business

located at 5851 Legacy Circle, Suite 600, Plano, Texas 75024. FlexiJet is a pioneering

technology development firm that develops IP solutions for critical functionalities to portable

communication devices, AutoRun applications and chipsets, voice communication software, and

much more. Flexiworld was the first company to develop integrated circuits with autorun

software using FlexiJet technology. More information about Flexiworld can be found at

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 1 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 2 of 73 PageID #: 338

http://flexiwave.com/index.htm. FlexiJet Technologies Inc. is the assignee of Flexiworld’s

patents and trademark associated with FlexiJet’s devices and AutoRun applications for licensing

to the industry.

3. Upon information and belief, Defendant magicJack VocalTec Ltd. is an Israeli

corporation having a place of business at 12 Haomanut Street, 2nd Floor, Poleg Industrial Zone,

Netanya, Israel 42504. Defendant has a place of business in this district at 400 Chisholm Pl.

#100, Plano, TX, 75075, and can be served through its registered agent, Corporation Service

Company d/b/a/ CSC – Lawyers Incorporated, 211 E. 7th Street, Suite 620, Austin, TX 78701.

https://www.collincad.org/propertysearch?prop=2700105&year=2018.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 2 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 3 of 73 PageID #: 339

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).

5. Defendant is subject to this Court’s specific and general personal jurisdiction due to their substantial business in this forum. For example, upon information and belief, Defendant is subject to the specific personal jurisdiction of this Court because FlexiJet’s claims for patent infringement arise from Defendant’s acts of infringement in the State of Texas. These acts of infringement include selling infringing products in the State of Texas and placing infringing products into the stream of commerce through an established distribution channel with full awareness that substantial quantities of the products have been shipped into the State of Texas.

Therefore, this Court has personal jurisdiction over Defendant under the Texas long-arm statute,

TEX. CIV. PRAC. & REM. CODE § 17.042.

6. Venue is proper in this judicial district under 28 U.S.C. § 1400(b). According to

Defendant’s Security and Exchange Commission filings, Defendant has a regular and established place of business in this District at which it conducts research and development:

magicJack VocalTec Ltd Form 10-Q for Quarter ending September 30, 2017, p. 8.

7. Further, magicJack VocalTec Ltd., a foreign corporation, can be sued in any district, including this District. See Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406

U.S. 706, 714 (1972) (discussed in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.

Ct. 1514, 1520, n.2 (2017)).

PATENTS-IN-SUIT

8. FlexiJet is the owner and the assignee of U.S. Patent No. 8,296,757 (the

“`757 Patent”), entitled “Copy Protection of Software and/or Data” and FlexiJet holds the

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 3 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 4 of 73 PageID #: 340

exclusive right to license the `757 Patent. FlexiJet has ownership of all substantial rights in the

`757 Patent, including the right to exclude others and to enforce, sue and recover damages for

past and future infringement. A true and correct copy of the `757 Patent is attached as Exhibit A.

9. The `757 Patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

10. FlexiJet is the owner and assignee of U.S. Patent No. 8,533,352 (the

“`352 Patent”), entitled “Method for Access and for Communication” and FlexiJet holds

the exclusive right to license the `352 Patent. FlexiJet has ownership of all substantial rights in

the `352 Patent, including the right to exclude others and to enforce, sue and recover damages for

past and future infringement. A true and correct copy of the `352 Patent is attached as Exhibit B.

11. The `352 Patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

12. FlexiJet is the owner and assignee of U.S. Patent No. 8,595,717 (the

“`717 Patent”), entitled “Memory Controller that Includes Support for Autorun of Software or

Data” and FlexiJet holds the exclusive right to license the `717 Patent. FlexiJet has ownership of all substantial rights in the `717 Patent, including the right to exclude others and to enforce, sue and recover damages for past and future infringement. A true and correct copy of the `717 Patent is attached as Exhibit C.

13. The `717 Patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

14. FlexiJet is the owner and the assignee of U.S. Patent No. 9,043,482 (the

“`482 Patent”), entitled “Portable Communication Device for Providing Phone Calling Service” and FlexiJet holds the exclusive right to license the `482 Patent. FlexiJet has ownership of all

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 4 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 5 of 73 PageID #: 341

substantial rights in the `482 Patent, including the right to exclude others and to enforce, sue and recover damages for past and future infringement. A true and correct copy of the `482 Patent is attached as Exhibit D.

15. The `482 Patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

16. FlexiJet is the owner and the assignee of U.S. Patent No. 9,116,723 (the

“`723 Patent”), entitled “Communication Device or Media Device for Providing Phone Calling

Service, Internet Access Service, or Digital Content Service” and FlexiJet holds the exclusive right to license the `723 Patent. FlexiJet has ownership of all substantial rights in the `723 Patent, including the right to exclude others and to enforce, sue and recover damages for past and future infringement. A true and correct copy of the `723 Patent is attached as Exhibit E.

17. The `723 Patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

18. The `757, `352, `717, `482 and `723 Patents are collectively the “Patents-in-Suit.”

19. The Patents-in-Suit generally cover communication devices and media devices that contain autorun software that supplies service such as phone calling, internet access, or digital content service.

ACCUSED PRODUCTS

20. Upon information and belief, Defendant makes, uses, offers to sell, sells, and/or imports integrated circuit voice over internet protocol (VoIP) devices that provide phone service to customers at their home, enterprise, or while traveling. Such products include, but are not limited to: the magicJack GO, the magicJack Express, and magicJack Plus. These products, and

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 5 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 6 of 73 PageID #: 342

any of Defendant’s other similar products, are collectively referred to herein as the “Accused

Products.”

21. Upon information and belief, the Accused Products are offered for sale and sold

throughout the United States, including within this District.

22. Upon information and belief, Defendant has purposefully and voluntarily placed

the Accused Products into the stream of commerce with the expectation that these products will

be purchased and used by end users in the United States, including end users in this District.

23. Upon information and belief, Defendant provides direct and indirect support

concerning the Accused Products to end users, including end users within this District.

COUNT I INFRINGEMENT OF U.S. PATENT NO. 8,296,757

24. FlexiJet alleges and hereby incorporates by reference every allegation made in the

foregoing paragraphs of this First Amended Complaint as if each were separately set forth

herein.

25. In violation of 35 U.S.C. § 271, Defendant has directly infringed and continues to

directly infringe, both literally and/or under the doctrine of equivalents, the `757 Patent by

making, using, offering for sale, selling, and/or importing the Accused Products in the United

States, including within this District, that infringe at least claim one of the `757 Patent without

the authority of FlexiJet.

26. The Claims of the `757 Patent are presumed valid.

27. Each of the Accused Products is a portable memory device connectable by a user to a host computing device. For example, the representative magicJack Express is a device that can be plugged into a personal computer or laptop.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 6 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 7 of 73 PageID #: 343

28. Each of the Accused Products enables a user to run protected software. For example, the representative magicJack Express provides phone calling software that cannot be copied by the user.

29. Each of the Accused Products has a controller for controlling interaction between the integrated circuit memory device and the personal computer or laptop that the device is connected to. For example, the representative magicJack Express has a microcontroller (MCU) or digital signal processor (DSP) that can be seen in the following image:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 7 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 8 of 73 PageID #: 344

The host computing device interface is further described as:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 8 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 9 of 73 PageID #: 345

http://files.shareholder.com/downloads/ABEA-4X2RRR/0x0x605678/882b7e35-92a8-44dd-

87d9-2422b5713af0/CALL_News_2012_3_21_General_Releases.pdf.

30. Each of the Accused Products has a memory component that includes a protected memory component storing at least part of the protected software that is installable or executable on the host computing device. As shown in the picture below, the representative magicJack device has a Winbond flash memory chip that presumably stores the internal software and drivers.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 9 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 10 of 73 PageID #: 346

.

31. Each of the Accused Products has software or data stored in the protected

memory component that cannot be accessed and copied by the user. For example, the

representative magicJack device identified itself as a CD drive to the operating system as can be

seen here:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 10 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 11 of 73 PageID #: 347

The software and data on this “CD Drive” are protected because trying to access that data yields

this result indicating the data is unavailable:

32. Each of the Accused Products has autorun software stored on the memory device

and executable on the host computing device upon connection and activation of the portable

memory device to the host computing device. As shown in the picture below, the representative

magicJack device is recognized as a CD Drive the first time it is connected to a computer. The

computer displays a pop-up window allowing the running of magicJack software. The

magicJack software when executed enables phone calling functionality using its phone calling

software component while the magicJack device is connected to the computer.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 11 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 12 of 73 PageID #: 348

33. The autorun software stored on each Accused Product has software for running automatically on the host computing device upon connection of the portable memory device. As shown in the picture below, the representative magicJack device has autorun software that runs when the device is plugged into the host computer.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 12 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 13 of 73 PageID #: 349

34. The autorun software stored on each Accused Products accesses at least part of

the protected software or data from the protected memory component of the portable memory

device. For example, the representative magicJack device must be plugged into the host

computer in order for the host computer to make phone calls as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 13 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 14 of 73 PageID #: 350

35. The autorun software stored on each Accused Products authenticates the autorun

software before allowing access to the protected memory component of the portable memory

device. For example, the representative magicJack device verifies that it is installed with host

software in order to permit the host software to make calls as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 14 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 15 of 73 PageID #: 351

36. The autorun software stored on each Accused Products installs, executes, or runs

on the host computer at least part of the protected software accessed from the protected memory

component of the portable memory device. For example, the representative magicJack device

installs a magicJack application on the host computer as shown in the following image:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 15 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 16 of 73 PageID #: 352

37. The autorun software stored on each Accused Products enables the operating,

running, or executing of the protected software when the device is connected to the host. For

example, the representative magicJack device runs software when the device is installed as

shown here:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 16 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 17 of 73 PageID #: 353

38. The autorun software stored on each Accused Products prevents access to the

protected memory component for at least part of the protected software or data in the device. For

example, the files on the representative magicJack device are inaccessible as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 17 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 18 of 73 PageID #: 354

39. Accordingly, Defendant has and continues to directly infringe the `757 Patent,

both literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a) by

making, using, offering for sale, selling, and/or importing into the United States the Accused

Products without the authority of FlexiJet.

40. Defendant has been on notice of the `757 Patent since at least filing of the

Complaint in this case. See Script Sec. Sols. L.L.C. v. Amazon.com, Inc., 170 F. Supp. 3d 928,

937 (E.D. Tex. 2016). Since that time, upon information and belief, Defendant has not changed,

modified, or reengineered the Accused Products. Instead, Defendant has continued to willfully,

wantonly, and deliberately engage in acts of infringement of the ’757 Patent permitting increased

damages under 35 U.S.C. § 284, and attorneys’ fees and costs incurred under 35 U.S.C. § 285.

41. In violation of 35 U.S.C. § 271(b), Defendant has indirectly infringed the `757

Patent by inducing their customers to directly infringe the `757 Patent, both literally and/or under

the doctrine of equivalents, at least by providing their customers with instructions on using the

Accused Products and by making, using, offering for sale, selling, and/or importing devices in

the United States the Accused Products without the authority of FlexiJet. For example, the

representative magicJack’s packaging instructs users to plug the product into a USB port on their

computer:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 18 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 19 of 73 PageID #: 355

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

42. Upon information and belief, and in violation of 35 U.S.C. § 271(b), Defendant

has indirectly infringed the `757 Patent by contribution knowing that the Accused Products

would be combined with other components to infringe the `757 Patent and that the Accused

Products have no substantial non-infringing use.

43. Unless enjoined by this Court, Defendant will continue to infringe the `757

Patent.

44. Because of Defendant’s infringing activities, FlexiJet has suffered damages and

will continue to suffer damages in the future.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 19 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 20 of 73 PageID #: 356

COUNT II INFRINGEMENT OF U.S. PATENT NO. 8,533,352

45. FlexiJet alleges and hereby incorporates by reference every allegation made in the

foregoing paragraphs of this First Amended Complaint as if each were separately set forth

herein.

46. The `352 Patent is presumed valid.

47. In violation of 35 U.S.C. § 271, Defendant has directly infringed and continues to directly infringe, both literally and/or under the doctrine of equivalents, the `352 Patent by making, using, offering for sale, selling, and/or importing the Accused Products in the United

States, including within this District, that infringe at least claim one of the `352 Patent without the authority of FlexiJet.

48. The Accused Products are portable communication devices that are used for phone calling. For example, the representative magicJack device is a USB device for phone calling:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 20 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 21 of 73 PageID #: 357

49. The Accused Products each have a USB interface for plug connecting to an external

USB port of a first computing device. For example, as shown below, the representative

magicJack device has a USB interface that plugs into a host computer.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 21 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 22 of 73 PageID #: 358

50. Each Accused Product has a memory component that includes a private memory

area, the private memory area not accessible to a user of the portable communication device. For

example, the representative magicJack device has a Winbond memory chip as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 22 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 23 of 73 PageID #: 359

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 23 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 24 of 73 PageID #: 360

The representative magicJack device has memory that is not accessible to the user as shown in

the following image.

51. Each Accused Products has a protected software component stored in the private

memory area of the portable communication device for executing at the first computing device.

For example, the representative magicJack device installs a magicJack software application onto

the host computer:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 24 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 25 of 73 PageID #: 361

52. Each Accused Product has a public memory area that is accessible to the user of

the portable communication device, and the public memory area of the portable communication

device stores at least a pointer to an executable related to a phone calling software for facilitating

installation and or running of the phone calling software. For example, the representative

magicJack device has an autorun file that can be accessed by the host computer:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 25 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 26 of 73 PageID #: 362

53. Each Accused Product has at least one controller having a means for managing

communication through the USB interface of the portable communication device. For example,

the representative magicJack device has a MCU/DSP which is the only controller visible on the

device circuit board and, upon information and belief, manages communications through the

USB interface of the magicJack device.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 26 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 27 of 73 PageID #: 363

54. Each Accused Product has at least one controller having a means for accessing the

private memory area. For example, the representative magicJack device has a MCU/DSP which

is the only controller visible on the device circuit board and, upon information and belief,

provides access to the magicJack software stored in the private memory area of the magicJack

device.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 27 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 28 of 73 PageID #: 364

55. Each Accused Product draws power to the portable communication device over the USB interface from the first computing device for operating the portable communication device upon plug connecting the portable communication device to the first computing device.

For example, the representative magicJack device has numerous circuit components that require power that must be drawn over the USB interface.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 28 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 29 of 73 PageID #: 365

56. Each Accused Product accesses the protected software component from the

private memory area of the portable communication device by the one or more controllers of the

portable communication device while the portable communication device is plug connected to

the first computing device. For example, the representative magicJack device is the source of

the software that is installed by magicJack, but is not otherwise visible:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 29 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 30 of 73 PageID #: 366

57. Each Accused Product provides over the USB interface of the portable

communication device to the first computing device at least part of the protected software

component by the one or more controllers while the portable communication device is plug

connected to the external USB port of the first computing device. For example, the

representative magicJack device provides the software for installation on the host computing

device as shown:

58. Each Accused Product facilitates at least part of an installing or a running of at

least part of the phone calling software at the first computing device employing at least in part

the pointer to the executable related to the phone calling software stored in the public memory

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 30 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 31 of 73 PageID #: 367

area of the portable communication device, the phone calling software running at the first

computing device receiving over the USB Interface the at least part of the protected software

component accessed from the private memory area of the portable communication device by the

one or more controllers. For example, the representative magicJack device has an accessible

autorun file that installs the phone calling software over the USB interface as shown below.

The representative magicJack device further provides protected software components to the host application as can be seen in the image below:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 31 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 32 of 73 PageID #: 368

59. Each Accused Product enables phone calling from the first computing device to a

second computing device by the phone calling software, while the portable communication

device is plug connected to the external USB port of the first computing device, the second

computing device being a distinct device from the portable communication device and the first

computing device. For example, the representative magicJack device has the capability of

calling a second computing device such as another magicJack device user.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 32 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 33 of 73 PageID #: 369

60. Each Accused Product further functions as a security key for enabling phone

calling from the first computing device when the portable communication device is plug

connected to the first computing device. For example, the representative magicJack device host

computer software displays the following error message if the representative magicJack device is

not installed:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 33 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 34 of 73 PageID #: 370

61. Accordingly, Defendant has and continues to directly infringe the `352 Patent,

both literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a) by

making, using, offering for sale, selling, and/or importing into the United States the Accused

Products without the authority of FlexiJet.

62. Defendant has been on notice of the `352 Patent since at least the filing of the

Complaint in this case. See Script Sec. Sols. L.L.C. v. Amazon.com, Inc., 170 F. Supp. 3d 928,

937 (E.D. Tex. 2016). Since that time, upon information and belief, Defendant has not changed,

modified, or reengineered the Accused Products. Instead, Defendant has continued to willfully,

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 34 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 35 of 73 PageID #: 371

wantonly, and deliberately engage in acts of infringement of the ’352 Patent permitting increased

damages under 35 U.S.C. § 284, and attorneys’ fees and costs incurred under 35 U.S.C. § 285.

63. In violation of 35 U.S.C. § 271(b), Defendant has indirectly infringed the `352

Patent by inducing their customers to directly infringe the `352 Patent, both literally and/or under

the doctrine of equivalents, at least by providing their customers with instructions on using the

Accused Products and by making, using, offering for sale, selling, and/or importing devices in

the United States the Accused Products without the authority of FlexiJet. For example, the

representative magicJack’s packaging instructs users to plug the product into a USB port on their

computer:

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 35 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 36 of 73 PageID #: 372

64. Upon information and belief, and in violation of 35 U.S.C. § 271(b), Defendant

has indirectly infringed the `352 Patent by contribution knowing that the Accused Products

would be combined with other components to infringe the `352 Patent and that the Accused

Products have no substantial non-infringing use.

65. Unless enjoined by this Court, Defendant will continue to infringe the `352

Patent.

66. Because of Defendant’s infringing activities, FlexiJet has suffered damages and

will continue to suffer damages in the future.

COUNT III INFRINGEMENT OF U.S. PATENT NO. 8,595,717

67. FlexiJet alleges and hereby incorporates by reference every allegation made in the

foregoing paragraphs of this First Amended Complaint as if each were separately set forth

herein.

68. In violation of 35 U.S.C. § 271, Defendant has directly infringed and continues to

directly infringe, both literally and/or under the doctrine of equivalents, the `717 Patent by

making, using, offering for sale, selling, and/or importing the Accused Products in the United

States, including within this District, that infringe at least claim ten without the authority of

FlexiJet.

69. The claims of the `717 Patent are presumed valid.

70. Each of the Accused Products is an integrated circuit memory device that

performs an autorun method on a host computing device for running selected software or data

using an integrated circuit memory that is connectable by a user to an external port of the host

computing device. For example, the representative magicJack device plugs into the USB port of

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 36 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 37 of 73 PageID #: 373

a host computer and causes the display of a pop-up window allowing the running of magicJack software:

71. Each of the Accused Products has a memory component for storing at least part of

selected software or data operable on the host computing device. For example, the representative

magicJack device has a Winbond flash memory chip that presumably stores the internal software

and drivers.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 37 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 38 of 73 PageID #: 374

.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 38 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 39 of 73 PageID #: 375

72. Each of the Accused Products has a controller for controlling interaction between the

integrated circuit memory device and the host computing device, the controller including

firmware to support loading of at least part of the selected software or data from the memory

component of the integrated circuit memory device for running on the host computing device.

For example, the representative magicJack device has a Winbond memory chip to store a phone

calling software component (e.g. internal software that allows for the device to serve as a VOIP

dongle and provide phone call functionality) and an integrated controller (e.g. an MCU/DSP as

shown below) to manage communication through the USB connector and access of the

Winbond memory chip. Based on the design of the magicJack device as shown in the tear

downs below, the Winbond memory chip is the only flash memory chip on the device circuit

board and, upon information and belief, serves as a memory component upon which internal

software and drivers are stored. Likewise, the MCU/DSP is the only controller visible on the

device circuit board and, upon information and belief, serves as a controller enabling access to

the Winbond memory chip and its contents, as well enabling interaction between the accused

product and host computing device via the USB port.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 39 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 40 of 73 PageID #: 376

73. Each of the Accused Products performs the step of activating the integrated circuit

memory device upon connection of the integrated circuit memory device to the host computing

device. For example, as shown below, the representative magicJack device is meant to be

plugged in using the USB connector over which the device will draw power.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 40 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 41 of 73 PageID #: 377

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

74. Each of the Accused Products performs the step of informing the host computing

device of the presence of autorun software on the integrated circuit memory device. As shown

in the picture below, the representative magicJack device has autorun software that runs when

the device is plugged into the host computer that informs the host computer of its presence.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 41 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 42 of 73 PageID #: 378

75. Each of the Accused Products performs the step of executing, automatically, at least

part of the autorun software on the host computing device, the autorun software running on the

host computing device interacting with the firmware included in the integrated circuit memory

device for accessing at least part of the selected software or data stored in the memory

component of the integrated circuit memory device. For example, the representative magicJack

device has autorun software that runs when the device is plugged in as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 42 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 43 of 73 PageID #: 379

76. Each of the Accused Products performs the step of loading, by the autorun software,

at least part of the selected software or data stored in the memory component of the integrated

circuit memory device. For example, the representative magicJack device has autorun software

that runs when the device is plugged in that permits calling as shown below, and this software

will not run when the device is not plugged in which is indicative that at least a part of the

software resides on the memory of the integrated circuit device.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 43 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 44 of 73 PageID #: 380

77. Each of the Accused Products performs the step of facilitating running, by the

autorun software, at least part of the selected software or data loaded from the memory

component of the integrated circuit memory device on the host computing device. For example,

the representative magicJack device has autorun software that runs when the device is plugged

in that permits calling as shown below, and this software will not run when the device is not

plugged in which is indicative that at least a part of the software resides on the memory of the

integrated circuit device and its running must be facilitated by the autorun software.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 44 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 45 of 73 PageID #: 381

78. Each of the Accused Products performs the step of identifying the integrated circuit

memory device to the host computing device in accordance with a first device interface

description. For example, the representative magicJack device necessarily must identify itself

to the host computer as a USB device in order to communicate over its USB interface.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 45 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 46 of 73 PageID #: 382

79. Each of the Accused Products performs the step of determining whether the

integrated circuit memory device is to be re-enumerated. For example, the representative

magicJack device determines if the software has already been installed on the host computer.

80. Each of the Accused Products performs the step of re-enumerating the integrated

circuit memory device for identifying the integrated circuit memory device to the host

computing with a second device interface description. For example, the representative

magicJack device re-enumerates and identifies itself as a CD Drive as shown here:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 46 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 47 of 73 PageID #: 383

81. Accordingly, Defendant has and continues to directly infringe the `717 Patent,

both literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a) by

making, using, offering for sale, selling, and/or importing into the United States the Accused

Products without the authority of FlexiJet.

82. Defendant has been on notice of the `717 Patent since at least filing of the

Complaint in this case. See Script Sec. Sols. L.L.C. v. Amazon.com, Inc., 170 F. Supp. 3d 928,

937 (E.D. Tex. 2016). Since that time, upon information and belief, Defendant has not changed,

modified, or reengineered the Accused Products. Instead, Defendant has continued to willfully,

wantonly, and deliberately engage in acts of infringement of the ’717 Patent permitting increased

damages under 35 U.S.C. § 284, and attorneys’ fees and costs incurred under 35 U.S.C. § 285.

83. In violation of 35 U.S.C. § 271(b), Defendant has indirectly infringed the `717

Patent by inducing their customers to directly infringe the `717 Patent, both literally and/or under

the doctrine of equivalents, at least by providing their customers with instructions on using the

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 47 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 48 of 73 PageID #: 384

Accused Products and by making, using, offering for sale, selling, and/or importing devices in

the United States the Accused Products without the authority of FlexiJet. For example, the

representative magicJack’s packaging instructs users to plug the product into a USB port on their

computer:

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

84. Upon information and belief, and in violation of 35 U.S.C. § 271(b), Defendant

has indirectly infringed the `760 Patent by contribution knowing that the Accused Products

would be combined with other components to infringe the `760 Patent and that the Accused

Products have no substantial non-infringing use.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 48 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 49 of 73 PageID #: 385

85. Unless enjoined by this Court, Defendant will continue to infringe the `717

Patent.

86. Because of Defendant’s infringing activities, FlexiJet has suffered damages and

will continue to suffer damages in the future.

COUNT IV INFRINGEMENT OF U.S. PATENT NO. 9,043,482

87. FlexiJet alleges and hereby incorporates by reference every allegation made in the

foregoing paragraphs of this First Amended Complaint as if each were separately set forth

herein.

88. In violation of 35 U.S.C. § 271, Defendant has directly infringed and continues to

directly infringe, both literally and/or under the doctrine of equivalents, the `482 Patent by

making, using, offering for sale, selling, and/or importing the Accused Products in the United

States, including within this District, that infringe at least claim six of the `482 Patent without the

authority of FlexiJet.

89. The identified claims of the `482 Patent are presumed valid.

90. Each of the Accused Products is a portable communication device that is plug

connectable to an external USB interface of a first computing device, the first computer device

being a distinct device from the portable communication device. For example, the representative

magicJack device is a USB pluggable communication device as shown here:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 49 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 50 of 73 PageID #: 386

91. Each of the Accused Products has a memory component that includes a memory

area storing a phone calling software component. For example, the representative magicJack

device has a Winbond memory chip to store a phone calling software component (e.g. internal

software that allows for the device to serve as a VOIP dongle and provide phone call

functionality) and an integrated controller (e.g. an MCU/DSP as shown below) to manage

communication through the USB connector and access of the Winbond memory chip. Based on

the design of the magicJack device as shown in the tear downs below, the Winbond memory chip

is the only flash memory chip on the device circuit board and, upon information and belief,

serves as a memory component upon which internal software and drivers are stored.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 50 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 51 of 73 PageID #: 387

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 51 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 52 of 73 PageID #: 388

92. Each of the Accused Products has one or more controllers having means for

managing communication and means for accessing the memory area. For example, the

representative magicJack device has a MCU/DSP which is the only controller visible on the

device circuit board and, upon information and belief, serves as a controller enabling access to

the Winbond memory chip and its contents, as well enabling interaction between the accused

product and first computing device via the USB port.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 52 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 53 of 73 PageID #: 389

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 53 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 54 of 73 PageID #: 390

93. Each of the Accused Products is capable of being plug connected to the host

computing device. For example, the representative magicJack device is used with a computer:

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

94. Each of the Accused Products, when plug connected to a host computer, draws power from the first computing device via the external USB interface of the first computing device for operating the portable communication device. For example, the representative magicJack device operates when used with a computer:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 54 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 55 of 73 PageID #: 391

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

95. Each of the Accused Products, when plug connected to a host computer, accesses

at least part of the phone calling software component from the memory area, the accessing of at

least part of the phone calling software component being facilitated, at least in part, by the one or

more controllers. For example, the representative magicJack device installs and operates with

phone calling software used with a host computer:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 55 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 56 of 73 PageID #: 392

96. Each of the Accused Products, when plug connected to a host computer, provides at least part of the accessed phone calling software component to a phone calling application running and executing on the first computing device, the providing of at least part of the accessed phone calling software component being facilitated, at least in part, by the one or more controllers. For example, the representative magicJack device provides the phone calling software shown below which requires the magicJack device to be installed indicating that the controller inside the magicJack device is facilitating access to the software component.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 56 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 57 of 73 PageID #: 393

97. Each of the Accused Products, when plug connected to a host computer, enables

the phone calling software application running and executing at the first computing device to

make phone calls with the phone calling software component provided by the portable

communication device. For example, the representative magicJack device enables the phone

calling software shown below to make phone calls.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 57 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 58 of 73 PageID #: 394

98. Each of the Accused Products, when plug connected to a host computer, enables

phone calls through the portable communication device. For example, the representative

magicJack device enables phone calls through the magicJack device as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 58 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 59 of 73 PageID #: 395

99. Each of the Accused Products is capable, upon disconnection of the portable

communication device from the external USB interface of the first computing device, is further

operable to connect the portable communication device to an interface connection

associated with a computing device, and upon connecting the portable communication device to

the Ethernet interface connection, the portable communication device is further configured to

enable phone calling service over the Ethernet interface connection. For example, the

representative magicJack device can be used without a computer as shown below.

100. Each of the Accused Products is in the form of a portable dongle that enables

phone calling either when the portable communication device is connected to the external USB

interface of the first computing device, or when the portable communication device is connected

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 59 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 60 of 73 PageID #: 396

to the Ethernet interface connection. For example, the representative magicJack device can be

used with or without a computer as shown below.

101. Accordingly, Defendant has and continue to directly infringe the `482 Patent, both

literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a) by making,

using, offering for sale, selling, and/or importing into the United States the Accused Products

without the authority of FlexiJet.

102. Defendant has been on notice of the `482 Patent since at least filing of the

Complaint in this case. See Script Sec. Sols. L.L.C. v. Amazon.com, Inc., 170 F. Supp. 3d 928,

937 (E.D. Tex. 2016). Since that time, upon information and belief, Defendant has not changed,

modified, or reengineered the Accused Products. Instead, Defendant has continued to willfully,

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 60 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 61 of 73 PageID #: 397

wantonly, and deliberately engage in acts of infringement of the ’482 Patent permitting increased

damages under 35 U.S.C. § 284, and attorneys’ fees and costs incurred under 35 U.S.C. § 285.

103. In violation of 35 U.S.C. § 271(b), Defendant has indirectly infringed the `482

Patent by inducing their customers to directly infringe the `482 Patent, both literally and/or under

the doctrine of equivalents, at least by providing their customers with instructions on using the

Accused Products and by making, using, offering for sale, selling, and/or importing devices in

the United States the Accused Products without the authority of FlexiJet. For example, the

representative magicJack’s packaging instructs users to plug the product into a USB port on their computer:

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 61 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 62 of 73 PageID #: 398

104. Upon information and belief, and in violation of 35 U.S.C. § 271(b), Defendant

has indirectly infringed the `482 Patent by contribution knowing that the Accused Products

would be combined with other components to infringe the `482 Patent and that the Accused

Products have no substantial non-infringing use.

105. Unless enjoined by this Court, Defendant will continue to infringe the

`482 Patent.

106. Because of Defendant’s infringing activities, FlexiJet has suffered damages and

will continue to suffer damages in the future.

COUNT V INFRINGEMENT OF U.S. PATENT NO. 9,116,723

107. FlexiJet alleges and hereby incorporates by reference every allegation made in the

foregoing paragraphs of this First Amended Complaint as if each were separately set forth

herein.

108. In violation of 35 U.S.C. § 271, Defendant has directly infringed and continues to

directly infringe, both literally and/or under the doctrine of equivalents, the `723 Patent by

making, using, offering for sale, selling, and/or importing the Accused Products in the United

States, including within this District, that infringe at least claim ten without the authority of

FlexiJet.

109. The claims of the `723 Patent are presumed valid.

110. Each of the Accused Products has non-transitory autorun software stored in a computer readable integrated circuit memory device connectable by a user to an external port of a host computing device for running on the host computing device protected software or data that can be executed by the host computing device using the integrated circuit memory device. For

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 62 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 63 of 73 PageID #: 399

example, the representative magicJack device is an integrated circuit device connectable into the

USB port of a host computer:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 63 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 64 of 73 PageID #: 400

The representative magicJack device has software and data that autoruns as shown here:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 64 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 65 of 73 PageID #: 401

The software and data on the representative magicJack device is protected as shown here:

111. Each of the Accused Products has software for running on the host computing

device autorun software upon connection of the integrated circuit memory device to the host

computing device stored in its computer readable memory medium. For example, the

representative magicJack device has software that autoruns on the host computer as shown:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 65 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 66 of 73 PageID #: 402

112. Each of the Accused Products has software for identifying the integrated circuit

memory device to the host computer with a device interface description, the device interface

description identifying the integrated circuit memory device in a manner analogous to that of a

CD-ROM (Compact Disc Read-Only Memory) drive or a mass storage class device, individually

or in any combination. For example, the representative magicJack device is a USB device that

has software that identifies itself as CD Drive as shown below.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 66 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 67 of 73 PageID #: 403

113. Each of the Accused Products has software for interacting with autorun firmware

embedded in the integrated circuit memory device for accessing a protected memory component

in the integrated circuit memory device, the protected memory component not implemented to be

a public memory area for storing data that are accessible or viewable by the user but being

accessible by the autorun software upon connection and activation of the integrated circuit

memory device to the host computing device. For example, the representative magicJack device

has autorun software that accesses a protected memory area in order to install telephony software

as shown.

The representative magicJack’s memory is protected and inaccessible as shown here:

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 67 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 68 of 73 PageID #: 404

114. Each of the Accused Products has software for loading at least part of the

protected software or data from the protected memory component of the integrated circuit

memory device.

115. Each of the Accused Products has software for running and executing the

protected software or data by the autorun software on the host computer. For example, the

representative magicJack device has autorun software that accesses a protected memory area in

order to install telephony software as shown.

116. Each of the Accused Products has its integrated circuit memory device associated

with providing a phone calling service, an Internet access service, or a digital content output

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 68 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 69 of 73 PageID #: 405

service, individually or in any combination. For example, the representative magicJack device

provides a phone calling service as shown here:

117. Accordingly, Defendant has and continues to directly infringe the `723 Patent,

both literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a) by

making, using, offering for sale, selling, and/or importing into the United States the Accused

Products without the authority of FlexiJet.

118. Defendant has been on notice of the `723 Patent since at least filing of this

Complaint. See Script Sec. Sols. L.L.C. v. Amazon.com, Inc., 170 F. Supp. 3d 928, 937 (E.D.

Tex. 2016). Since that time, upon information and belief, Defendant has not changed, modified,

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 69 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 70 of 73 PageID #: 406

or reengineered the Accused Products. Instead, Defendant has continued to willfully, wantonly,

and deliberately engage in acts of infringement of the ’723 Patent permitting increased damages

under 35 U.S.C. § 284, and attorneys’ fees and costs incurred under 35 U.S.C. § 285.

119. In violation of 35 U.S.C. § 271(b), Defendant has indirectly infringed the `723

Patent by inducing their customers to directly infringe the `723 Patent, both literally and/or under

the doctrine of equivalents, at least by providing their customers with instructions on using the

Accused Products and by making, using, offering for sale, selling, and/or importing devices in

the United States the Accused Products without the authority of FlexiJet. For example, the

representative magicJack’s packaging instructs users to plug the product into a USB port on their

computer:

https://fccid.io/Y79K1103/User-Manual/Users-Manual-2256038.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 70 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 71 of 73 PageID #: 407

120. Upon information and belief, and in violation of 35 U.S.C. § 271(b), Defendant

has indirectly infringed the `723 Patent by contribution knowing that the Accused Products

would be combined with other components to infringe the `723 Patent and that the Accused

Products have no substantial non-infringing use.

121. Unless enjoined by this Court, Defendant will continue to infringe the `723

Patent.

122. Because of Defendant’s infringing activities, FlexiJet has suffered damages and

will continue to suffer damages in the future.

ADDITIONAL ALLEGATIONS

123. FlexiJet has complied with 35 U.S.C. § 287.

JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, FlexiJet demands a trial by

jury on all issues triable as such.

PRAYER FOR RELIEF

FlexiJet requests that this Court find in its favor and against Defendant, and that this

Court grant FlexiJet the following relief:

A. An adjudication that Defendant has infringed the `757, `352, `717, `482, and `723

Patents;

B. An award of damages to be paid by Defendant adequate to compensate FlexiJet for Defendant’s past infringement of the Patents-in-Suit and any continuing or future infringement through the date such judgment is entered (but in no event less than a reasonable royalty in accordance with 35 U.S.C. § 284), including interest, costs, expenses and an accounting of all infringing acts including, but not limited to, those acts not presented at trial;

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 71 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 72 of 73 PageID #: 408

C. A preliminary and permanent injunction enjoining Defendant and its officers,

agents, servants, employees, users, attorneys, and all those persons in active concert or

participation with Defendant from the acts described in this First Amended Complaint;

D. Alternatively, an order requiring Defendant to pay an ongoing royalty in an

amount to be determined for any continued infringement after the date judgment is entered;

E. An award of pre-judgment and post-judgment interest to the full extent allowed

under the law, as well as their costs;

F. Granting a judgment that Defendant’s infringement was willful and order

Defendant to pay increased damages of three times compensatory damages, in accordance with

35 U.S.C. § 284;

G. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of

FlexiJet’s reasonable attorneys’ fees;

H. An award to FlexiJet of such further relief at law or in equity as the Court deems

just and proper.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 72 of 73

Case 2:18-cv-00034-JRG Document 31 Filed 11/12/18 Page 73 of 73 PageID #: 409

Dated: November 12, 2018 Respectfully submitted,

/s/ Gary R. Sorden Gary R. Sorden Texas Bar No. 24066124 [email protected] Mark D. Perantie Texas Bar No. 24053647 [email protected] Timothy J.H. Craddock Texas Bar No. 24082868 [email protected] KLEMCHUK LLP 8150 N. Central Expressway 10th Floor Dallas, Texas 75206 Tel: 214-367-6000 : 214-367-6001

ATTORNEY FOR PLAINTIFF FLEXIJET TECHNOLOGIES, INC.

CERTIFICATE OF SERVICE

I hereby certify that on November 12, 2018, the foregoing was electronically filed with

the Clerk of the Court using the CM/ECF system.

/s/ Gary R. Sorden Gary R. Sorden

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 73 of 73