Ogma v. Casio America et. al.

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    COMPLAINT FOR PATENT INFRINGEMENT 1

    UNITED STATES DISTRICT COURTEASTERN DISTRICT OF TEXAS

    MARSHALL DIVISION

    OGMA, LLC,

    Plaintiff,

    v.

    3M COMPANY; ASUSTEK COMPUTER, INC.;ASUS COMPUTER INTERNATIONAL; CANONINC.; CANON U.S.A., INC.; CASIO COMPUTERCO., LTD.; CASIO AMERICA, INC.; CHRISTIEDIGITAL SYSTEMS USA, INC.; COBYELECTRONICS CORP.; DUKANECORPORATION; EIKI INTERNATIONAL, INC.;SEIKO EPSON CORPORATION; EPSON

    AMERICA, INC.; HAIER GROUP COMPANY;HAIER AMERICA TRADING, L.L.C.; INFOCUSCORPORATION; LENOVO GROUP, LTD.;LENOVO HOLDING COMPANY, INC.; LENOVO(UNITED STATES), INC.; LG ELECTRONICS,INC.; LG ELECTRONICS U.S.A., INC.; MICRO-STAR INTERNATIONAL CO., LTD.; MSICOMPUTER CORP.; MITSUBISHI ELECTRICCORPORATION; MITSUBISHI ELECTRIC &ELECTRONICS USA, INC.; NEC CORPORATION;NEC CORPORATION OF AMERICA; OPTOMACORPORATION; OPTOMA TECHNOLOGY, INC.;PANASONIC CORPORATION; PANASONICCORPORATION OF NORTH AMERICA; PLANARSYSTEMS, INC.; RUNCO INTERNATIONAL,L.L.C.; SANYO ELECTRIC CO., LTD.; SANYONORTH AMERICA CORPORATION; SHARPCORPORATION; SHARP ELECTRONICSCORPORATION; SONY CORPORATION; SONYELECTRONICS, INC.; SUPERSONIC, INC.;SYSTEMAX, INC.; TOSHIBA CORPORATION;TOSHIBA AMERICA INFORMATION SYSTEMS,INC.; VIEWSONIC CORPORATION; and VIVITEKCORPORATION,

    Defendants.

    CASE NO.:

    COMPLAINT FOR PATENTINFRINGEMENT

    DEMAND FOR JURY TRIAL

    Plaintiff Ogma, LLC (Ogma) hereby alleges for its Complaint against defendants 3M

    Company; ASUSTeK Computer, Inc.; ASUS Computer International; Canon, Inc.; Canon

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    COMPLAINT FOR PATENT INFRINGEMENT 2

    U.S.A., Inc.; Casio Computer Co., Ltd.; Casio America, Inc.; Christie Digital Systems USA,

    Inc.; Coby Electronics Corp.; Dukane Corporation; Eiki International, Inc.; Seiko Epson

    Corporation; Epson America, Inc.; Haier Group Company; Haier America Trading, L.L.C.;

    InFocus Corporation; Lenovo Group, Ltd.; Lenovo Holding Company, Inc.; Lenovo (United

    States), Inc.; LG Electronics, Inc.; LG Electronics U.S.A., Inc.; Micro-Star International Co.,

    Ltd.; MSI Computer Corp.; Mitsubishi Electric Corporation; Mitsubishi Electric & Electronics

    USA, Inc.; NEC Corporation; NEC Corporation of America; Optoma Corporation; Optoma

    Technology, Inc.; Panasonic Corporation; Panasonic Corporation of North America; Planar

    Systems, Inc.; Runco International, L.L.C.; Sanyo Electric Co., Ltd.; Sanyo North America

    Corporation; Sharp Corporation; Sharp Electronics Corporation; Sony Corporation; Sony

    Electronics, Inc.; Supersonic, Inc.; Systemax, Inc.; Toshiba Corporation; Toshiba America

    Information Systems, Inc.; ViewSonic Corporation; and Vivitek Corporation (collectively the

    Defendants) on personal knowledge as to its own actions and on information and belief as to

    the actions of others, as follows:

    THE PARTIES

    1. Plaintiff Ogma is a Texas limited liability company with a place of business at3301 W. Marshall Ave., Suite 303, Longview, TX 75604.

    2. On information and belief, Defendant 3M Company (3M) is a Delawarecorporation with a principal place of business at 3M Center, St. Paul, MN 55144.

    3. On information and belief, Defendant ASUSTeK Computer Inc. (ASUS) is aTaiwanese corporation with a principal place of business at 4F, 150, Li-Te Road, Beitou District,

    Taipei City, Taiwan. On further information and belief, Defendant ASUS Computer

    International (ACI) is a California corporation with a principal place of business at 800

    Corporate Way, Fremont, CA 94539. ASUS and ACI will be referred to herein individually and

    collectively as the ASUS Defendants.

    4. On information and belief, Defendant Canon Inc. (Canon) is a Japanesecorporation with a principal place of business at 30-2 Shimomaruko 3-Chome, Ohta-Ku, Tokyo

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    COMPLAINT FOR PATENT INFRINGEMENT 3

    146-8501, Japan. On further information and belief, Defendant Canon U.S.A., Inc. (Canon

    USA) is a New York corporation with a principal place of business at One Canon Plaza, Lake

    Success, NY 11042. Canon and Canon USA will be referred to herein individually and

    collectively as the Canon Defendants.

    5. On information and belief, Defendant Casio Computer Co., Ltd. (Casio) is aJapanese corporation with a principal place of business at 6-2, Hon-machi 1-chome, Shibuya-ku,

    Tokyo 151-8543, Japan. On further information and belief, Defendant Casio America, Inc.

    (Casio America) is a New York corporation with a principal place of business at 570 Mount

    Pleasant A venue, Dover, NJ 07801. Casio and Casio America will be referred to herein

    individually and collectively as the Casio Defendants.

    6. On information and belief, Defendant Christie Digital Systems USA, Inc.(Christie) is a California corporation with a principal place of business at 10550 Camden Dr,

    Cypress, CA 90630.

    7. On information and belief, Defendant Coby Electronics Corp. (Coby) is a NewYork corporation with a principal place of business at 1991 Marcus Ave., Lake Success, NY

    11042.

    8. On information and belief, Defendant Dukane Corporation (Dukane) is aDelaware corporation with a principal place of business at 2900 Dukane Drive, Saint Charles, IL

    60174.

    9. On information and belief, Defendant Eiki International, Inc. (Eiki) is aCalifornia corporation with a principal place of business at 30251 Esperanza, Rancho Santa

    Margarita, CA 92688.

    10. On information and belief, Defendant Seiko Epson Corporation (Seiko Epson)is a Japanese corporation with a principal place of business at 3-3-5 Owa, Suwa, Nagano 392-

    8502, Japan. On further information and belief, Defendant Epson America, Inc. (Epson

    America) is a California corporation with a principal place of business at 3840 Kilroy Airport

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    COMPLAINT FOR PATENT INFRINGEMENT 4

    Way, Long Beach, CA 90806. Seiko Epson and Epson America will be referred to herein

    individually and collectively as the Epson Defendants.

    11. On information and belief, Defendant Haier Group Company (Haier) is aChinese corporation with a principal place of business at No.1 Haier Road Hi-tech Zone,

    Qingdao, China. On further information and belief, Defendant Haier America Trading, L.L.C.

    (Haier America) is a New Yorklimited liability company with a principal place of business at

    1356 Broadway, New York, NY 10018. Haier and Haier America will be referred to herein

    individually and collectively as the Haier Defendants.

    12. On information and belief, Defendant InFocus Corporation (InFocus) is anOregon corporation with a principal place of business at 13190 SW 68th Parkway, Suite 200,

    Portland, OR 97223.

    13. On information and belief, Defendant Lenovo Group, Ltd. (Lenovo) is aChinese corporation with a principal place of business at No. 6 Chuang Ye Road, Shangdi

    Information Industry Base, Haidan District, Beijing 100085, China. On further information and

    belief, Defendant Lenovo Holding Company, Inc. (Lenovo Holding) is a Delaware corporation

    with a principal place of business at 1009 Think Place, Morrisville, NC 27560. On further

    information and belief, Defendant Lenovo (United States), Inc. (Lenovo US) is a Delaware

    corporation with a principal place of business at 1009 Think Place, Morrisville, NC 27560.

    Lenovo, Lenovo Holding, and Lenovo US will be referred to herein individually and collectively

    as the Lenovo Defendants.

    14. On information and belief, Defendant LG Electronics, Inc. (LG) is a SouthKorean corporation with a principal place of business at LG Twin Towers, 20 Yeouido-dong,

    Yeongdeungpo-gu, Seoul 150-721, South Korea. On further information and belief, Defendant

    LG Electronics U.S.A., Inc. (LG USA) is a Delaware corporation with a principal place of

    business at 1000 Sylvan Avenue Englewood Cliffs, NJ 07632. LG and LG USA will be referred

    to herein individually and collectively as the LG Defendants.

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    COMPLAINT FOR PATENT INFRINGEMENT 5

    15. On information and belief, Defendant Micro-Star International Co., Ltd. (MSI)is a Taiwanese corporation with a principal place of business at No. 69, Li-De St., Jung-He City,

    Taipei Hsien, Taiwan. On further information and belief, Defendant MSI Computer Corp.

    (MSI Computer) is a California corporation with a principal place of business at 901 Canada

    Ct., City of Industry, CA 91748. MSI and MSI Computer will be referred to herein individually

    and collectively as the MSI Defendants.

    16. On information and belief, Defendant Mitsubishi Electric Corporation(Mitsubishi) is a Japanese corporation with a principal place of business at Tokyo Building, 2-

    7-3, Marunouchi, Chiyoda-ku, Tokyo 100-8310, Japan. On further information and belief,

    Defendant Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi USA) is a Delaware

    corporation with a principal place of business at 5665 Plaza Drive, Cypress, CA 90630.

    Mitsubishi and Mitsubishi USA will be referred to herein individually and collectively as the

    Mitsubishi Defendants.

    17. On information and belief, Defendant NEC Corporation (NEC) is a Japanesecorporation with a principal place of business at 7-1, Shiba 5-chome, Minato-ku, Tokyo 108-

    8001, Japan. On further information and belief, Defendant NEC Corporation of America (NEC

    America) is aNevada corporation with a principal place of business at 6535 N. State Highway

    161, Irving, Texas 75039. NEC andNEC America will be referred to herein individually and

    collectively as the NEC Defendants.

    18. On information and belief, Defendant Optoma Corporation (Optoma) is aTaiwanese corporation with a principal place of business at 5F., No. 108, Minchiuan Rd.,

    Shindian City, Taipei, Taiwan. On further information and belief, Defendant Optoma

    Technology, Inc. (Optoma Technology) is a California corporation with a principal place of

    business at 715 Sycamore Dr, Milpitas, CA 95035. Optoma and Optoma Technology will be

    referred to herein individually and collectively as the Optoma Defendants.

    19. On information and belief, Defendant Panasonic Corporation (Panasonic) is aJapanese corporation with a principal place of business at 1006 Oaza Kadoma, Kadoma, Osaka

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    COMPLAINT FOR PATENT INFRINGEMENT 6

    571-8501, Japan. On further information and belief, Defendant Panasonic Corporation of North

    America (Panasonic North America) is a Delaware corporation with a principal place of

    business at One Panasonic Way, Secaucus, NJ 07094. Panasonic and Panasonic North America

    will be referred to herein individually and collectively as the Panasonic Defendants.

    20. On information and belief, Defendant Planar Systems, Inc. (Planar) is aDelaware corporation with a principal place of business at 1195 NW Compton Drive, Beaverton,

    OR 97006.

    21. On information and belief, Defendant Runco International, L.L.C. (Runco) is anOregon limited liability company with a principal place of business at 1195 NW Compton Drive,

    Beaverton, OR 97006.

    22. On information and belief, Defendant Sanyo Electric Co., Ltd. (Sanyo) is aJapanese corporation with a principal place of business at 2-5-5 Keihan-Hondori, Moriguchi-ku,

    Osaka 570-8677, Japan. On further information and belief, Defendant Sanyo North America

    Corporation (Sanyo North America) is a Delaware corporation with a principal place of

    business at 2055 Sanyo Avenue, San Diego, CA 92154. Sanyo and Sanyo North America will

    be referred to herein individually and collectively as the Sanyo Defendants.

    23. On information and belief, Defendant Sharp Corporation (Sharp) is a Japanesecorporation with a principal place of business at 22-22 Nagaike-cho, Abeno-ku, Osaka 545-8422,

    Japan. On further information and belief, Defendant Sharp Electronics Corporation (SEC) is a

    New York corporation with a principal place of business at 1 Sharp Plaza Mahwah, NJ 07495.

    Sharp and SEC will be referred to herein individually and collectively as the Sharp

    Defendants.

    24. On information and belief, Defendant Sony Corporation (Sony) is a Japanesecorporation with a principal place of business at 1-7-1 Konan, Minato-ku, Tokyo 108-0075,

    Japan. On information and belief, Defendant Sony Electronics, Inc. (SEI) is a Delaware

    corporation with a principal place of business at 16530 Via Esprillo, San Diego, CA 92127.

    Sony and SEI will be referred to herein individually and collectively as the Sony Defendants.

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    COMPLAINT FOR PATENT INFRINGEMENT 7

    25. On information and belief, Defendant Supersonic, Inc. (Supersonic) is aCalifornia corporation with a principal place of business at 6555 Bandini Blvd., Commerce, CA

    90040.

    26. On information and belief, Defendant Systemax, Inc. (Systemax) is a Delawarecorporation with a principal place of business at 11 Harbor Park Drive, Port Washington, NY

    11050.

    27. On information and belief, Defendant Toshiba Corporation (Toshiba) is aJapanese corporation with a principal place of business at 1-1, Shibaura 1-chome, Minato-ku,

    Tokyo 105-8001, Japan. On further information and belief, Defendant Toshiba America

    Information Systems, Inc (Toshiba America) is a California corporation with a principal place

    of business at 9740 Irvine Boulevard, Irvine, CA 92618. Toshiba and Toshiba America will be

    referred to herein individually and collectively as the Toshiba Defendants.

    28. On information and belief, Defendant ViewSonic Corporation (ViewSonic) is aDelaware corporation with a principal place of business at 381 Brea Canyon Road, Walnut, CA

    91789.

    29. On information and belief, Defendant Vivitek Corporation (Vivitek) is aCalifornia corporation with a principal place of business at 4425 Cushing Pky, San Jose, CA

    94538.

    JURISDICTION AND VENUE

    30. This action arises under the patent laws of the United States, Title 35 of theUnited States Code, 271 and 281, et seq. because each of the Defendants has committed acts

    of patent infringement within the United States and this judicial district. Accordingly, this Court

    has subject matter jurisdiction of this action pursuant to 28 U.S.C. 1331 and 1338(a).

    31. Personal jurisdiction and venue are proper in this Court pursuant to 28 U.S.C. 1391(b), 1391(c) and 1400(b), in that the defendants are subject to personal jurisdiction in this

    district. At a minimum, each of the defendants has delivered infringing products into the stream

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    COMPLAINT FOR PATENT INFRINGEMENT 8

    of commerce with the expectation that they will be purchased by consumers in Texas, including

    consumers in the Eastern District of Texas.

    THE 427 PATENT

    32. On October 20, 1998, the United States Patent and Trademark Office duly andlegally issued U.S. Patent No. 5,825,427 (the 427 Patent), entitled Image Display System,

    to Kenneth J. Macleod. A copy of the 427 Patent is attached to the Complaint as Exhibit A.

    33. By reason of an assignment dated January 25, 2011, Plaintiff Ogma owns allrights, title and interest in the 427 Patent.

    FIRST CAUSE OF ACTION

    (Infringement of the 427 Patent)

    (35 U.S.C. 271)

    34. Plaintiff repeats and incorporates by reference each of the allegations contained inParagraphs 1 through 33 above, and further alleges as follows:

    35. On information and belief, without a license or permission from Plaintiff,Defendant 3M has infringed, induced others to infringe, and/or contributorily infringed, literally

    or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant 3M did

    so by importing, making, using, offering to sell, and/or selling products and devices that embody

    and/or practice the patented invention. Without limitation, several examples of Defendant 3Ms

    infringing products include multi-touch displays C2254PW, C2234SW, M2256PW, the WX20

    projector, and related families of products. Defendant 3Ms infringement of the 427 Patent has

    caused substantial damage to Plaintiff.

    36. On information and belief, without a license or permission from Plaintiff, theASUS Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The ASUS

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the ASUS Defendants infringing products include laptop computers G50v, M50,

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    COMPLAINT FOR PATENT INFRINGEMENT 9

    N50, N80, EP121, and related families of products. The ASUS Defendants infringement of the

    427 Patent has caused substantial damage to Plaintiff.

    37. On information and belief, without a license or permission from Plaintiff, theCanon Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Canon

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the Canon Defendants infringing products include projectors W4000, W4000,

    WUX10 Mark II, WUX10 Mark II D, LV-8310, LV-8215, and related families of products. The

    Canon Defendants infringement of the 427 Patent has caused substantial damage to Plaintiff.

    38. On information and belief, without a license or permission from Plaintiff, theCasio Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Casio

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the Casio Defendants infringing products include projectors XJ-A255V, XJ-A250,

    XJ-A245V, XJ-A240, XJ-A235U, XJ-A230, and related families of products. The Casio

    Defendants infringement of the 427 Patent has caused substantial damage to Plaintiff.

    39. On information and belief, without a license or permission from Plaintiff,Defendant Christie has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Christie did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, several examples of

    Defendant Christies infringing products include projectors LW400, LWU420, LWU505,

    LW555, LW650, DWU670-E, WX7K-M, WX10K-M, WU7K-M, WU12K-M, WU12K-M,

    WU3, WU7K-M, WU7, WU12K-M, WU12, WU18, and related families of products. Defendant

    Christies infringement of the 427 Patent has caused substantial damage to Plaintiff.

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    COMPLAINT FOR PATENT INFRINGEMENT 10

    40. On information and belief, without a license or permission from Plaintiff,Defendant Coby has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Coby did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, several examples of

    Defendant Cobys infringing products are the TFTV1325 LCD television, the DP1452 and

    DP1252 digital photo frames, and related families of products. Defendant Cobys infringement

    of the 427 Patent has caused substantial damage to Plaintiff.

    41. On information and belief, without a license or permission from Plaintiff,Defendant Dukane has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Dukane did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, several examples of

    Defendant Dukanes infringing products are projectors 8111H, 8407, 8791HW, 8924HW,

    8104HW, 8957HW, 8949H, 9137WU, and related families of products. Defendant Dukanes

    infringement of the 427 Patent has caused substantial damage to Plaintiff.

    42. On information and belief, without a license or permission from Plaintiff,Defendant Eiki has infringed, induced others to infringe, and/or contributorily infringed, literally

    or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant Eiki did

    so by importing, making, using, offering to sell, and/or selling products and devices that embody

    and/or practice the patented invention. Without limitation, several examples of Defendant Eikis

    infringing products are projectors EIP-WX5000, EIP-WX5000/L, LC-WXL200, LC-WGC500A,

    LC-WUL100, and related families of products. Defendant Eikisinfringement of the 427 Patent

    has caused substantial damage to Plaintiff.

    43. On information and belief, without a license or permission from Plaintiff, theEpson Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Epson

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    COMPLAINT FOR PATENT INFRINGEMENT 11

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, a few examples

    of the Epson Defendants infringing products are the 450Wi and 450WiRM projectors, and

    related families of products. The Epson Defendants infringement of the 427 Patent has caused

    substantial damage to Plaintiff.

    44. On information and belief, without a license or permission from Plaintiff, theHaier Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Haier

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, one of the Haier

    Defendants infringing products is the HLT10 LCD television. The Haier Defendants

    infringement of the 427 Patent has caused substantial damage to Plaintiff.

    45. On information and belief, without a license or permission from Plaintiff,Defendant InFocus has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    InFocus did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, several examples of

    Defendant InFocuss infringing products include projectors ASK Proxima C410, A3300,

    C250W, M22, and projectors InFocus IN3904, IN2116, IN1102, IN1503, IN3116, IN146,

    IN5104, IN5110, IN5304, IN5502, IN5532, IN5533, IN5535, IN5124, IN1102, and related

    families of products. Defendant InFocuss infringement of the 427 Patent has caused substantial

    damage to Plaintiff.

    46. On information and belief, without a license or permission from Plaintiff, theLenovo Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Lenovo

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

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    COMPLAINT FOR PATENT INFRINGEMENT 12

    examples of the Lenovo Defendants infringing products include laptop computers G350, X30,

    T400, T500, T410S, and related families of products. The Lenovo Defendants infringement of

    the 427 Patent has caused substantial damage to Plaintiff.

    47. On information and belief, without a license or permission from Plaintiff, the LGDefendants have infringed, induced others to infringe, and/or contributorily infringed, literally or

    under the doctrine of equivalents, one or more claims of the 427 Patent. The LG Defendants did

    so by importing, making, using, offering to sell, and/or selling products and devices that embody

    and/or practice the patented invention. Without limitation, several examples of the LG

    Defendants infringing products include LCD monitors C220WXE,W2286L, W3000H, and

    related families of products. The LG Defendants infringement of the 427 Patent has caused

    substantial damage to Plaintiff.

    48. On information and belief, without a license or permission from Plaintiff, the MSIDefendants have infringed, induced others to infringe, and/or contributorily infringed, literally or

    under the doctrine of equivalents, one or more claims of the 427 Patent. The MSI Defendants

    did so by importing, making, using, offering to sell, and/or selling products and devices that

    embody and/or practice the patented invention. Without limitation, several examples of the MSI

    Defendants infringing products include laptop computers GT640-287US, GX640-260US,

    GX740-235US, GX640-098US, GT640-287US, GX633-070US, GX630-037CA, VR601, and

    related families of products. The MSI Defendants infringement of the 427 Patent has caused

    substantial damage to Plaintiff.

    49. On information and belief, without a license or permission from Plaintiff, theMitsubishi Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The

    Mitsubishi Defendants did so by importing, making, using, offering to sell, and/or selling

    products and devices that embody and/or practice the patented invention. Without limitation,

    several examples of the Mitsubishi Defendants infringing products include projectors EW270U,

    EW230U-ST, WD620U-G, WD620U, WD3300U, WD8200U, WL2650U, and related families

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    COMPLAINT FOR PATENT INFRINGEMENT 13

    of products. The Mitsubishi Defendants infringement of the 427 Patent has caused substantial

    damage to Plaintiff.

    50. On information and belief, without a license or permission from Plaintiff, theNEC Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The NEC

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the NEC Defendants infringing products include projectors NP410W, NP-M260W,

    NP510WS, NP-M300W, NP-M300WS, NP-U310W, NP-P350W, NP-PA550W, NP3250W,

    NP4100W, and related families of products. The NEC Defendants infringement of the 427

    Patent has caused substantial damage to Plaintiff.

    51. On information and belief, without a license or permission from Plaintiff, theOptoma Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Optoma

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the Optoma Defendants infringing products include projectors EW330, EW536,

    Pro350W, EW1610, and related families of products. The Optoma Defendants infringement of

    the 427 Patent has caused substantial damage to Plaintiff.

    52. On information and belief, without a license or permission from Plaintiff, thePanasonic Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The

    Panasonic Defendants did so by importing, making, using, offering to sell, and/or selling

    products and devices that embody and/or practice the patented invention. Without limitation,

    several examples of the Panasonic Defendants infringing products include the PT-DW530U

    projector, the Toughbook CF-F9 laptop computer, and related families of products. The

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    COMPLAINT FOR PATENT INFRINGEMENT 14

    Panasonic Defendants infringement of the 427 Patent has caused substantial damage to

    Plaintiff.

    53. On information and belief, without a license or permission from Plaintiff,Defendant Planar has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Planar did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, one example of

    Defendant Planars infringing products is the PR5030 projector. Defendant Planars

    infringement of the 427 Patent has caused substantial damage to Plaintiff.

    54. On information and belief, without a license or permission from Plaintiff,Defendant Runco has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Runco did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, one example of

    Defendant Runcos infringing products is the VX-8D projector. Defendant Runcos

    infringement of the 427 Patent has caused substantial damage to Plaintiff.

    55. On information and belief, without a license or permission from Plaintiff, theSanyo Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Sanyo

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the Sanyo Defendants infringing products include projectors PLC-ZM5000L, PLC-

    WTC500L, PLC-WM5500/L, PLC-WM4500/L, PLC-WTC500AL, PLC-WXU700A, PLC-

    WXU30A, PLC-WXU300, PLC-WK2500, PDG-DWL100, PLC-WL2500, PLC-WR251, PLC-

    WTC500AL, PLC-WL2503, PDG-DWL2500, and related families of products. The Sanyo

    Defendants infringement of the 427 Patent has caused substantial damage to Plaintiff.

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    COMPLAINT FOR PATENT INFRINGEMENT 15

    56. On information and belief, without a license or permission from Plaintiff, theSharp Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Sharp

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, a few examples

    of the Sharp Defendants infringing products include the PG-D2870W and PG-D3050W

    projectors, and related families of products. The Sharp Defendants infringement of the 427

    Patent has caused substantial damage to Plaintiff.

    57. On information and belief, without a license or permission from Plaintiff, theSony Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Sony

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of the Sony Defendants infringing products include the DPX-XR100, DPF-D1020,

    DPF-VR100 digital photo frames, the VGN-FZ150E/BC laptop computer, the VPL-BW7 LCD

    television, and related families of products. The Sony Defendants infringement of the 427

    Patent has caused substantial damage to Plaintiff.

    58. On information and belief, without a license or permission from Plaintiff,Defendant Supersonic has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Supersonic did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, one example of

    Defendant Supersonics infringing products is the SC-1331 LCD television. Defendant

    Supersonics infringement of the 427 Patent has caused substantial damage to Plaintiff.

    59. On information and belief, without a license or permission from Plaintiff,Defendant Systemax has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

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    COMPLAINT FOR PATENT INFRINGEMENT 16

    Systemax did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, one example of

    Defendant Systemaxs infringing products is the Pursuit 4170 laptop computer. Defendant

    Systemaxs infringement of the 427 Patent has caused substantial damage to Plaintiff.

    60. On information and belief, without a license or permission from Plaintiff, theToshiba Defendants have infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. The Toshiba

    Defendants did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, one example of

    the Toshiba Defendants infringing products is the L305 laptop computer. The Toshiba

    Defendants infringement of the 427 Patent has caused substantial damage to Plaintiff.

    61. On information and belief, without a license or permission from Plaintiff,Defendant ViewSonic has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    ViewSonic did so by importing, making, using, offering to sell, and/or selling products and

    devices that embody and/or practice the patented invention. Without limitation, several

    examples of Defendant ViewSonics infringing products include the PJD6531w, PJD7583w,

    Pro8450w projectors, and related families of products. Defendant ViewSonics infringement of

    the 427 Patent has caused substantial damage to Plaintiff.

    62. On information and belief, without a license or permission from Plaintiff,Defendant Vivitek has infringed, induced others to infringe, and/or contributorily infringed,

    literally or under the doctrine of equivalents, one or more claims of the 427 Patent. Defendant

    Vivitek did so by importing, making, using, offering to sell, and/or selling products and devices

    that embody and/or practice the patented invention. Without limitation, several examples of

    Defendant Viviteks infringing products include projectors D326WX, D330WX, D513W,

    D537W, and related families of products. Defendant Viviteks infringement of the 427 Patent

    has caused substantial damage to Plaintiff.

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    COMPLAINT FOR PATENT INFRINGEMENT 17

    PRAYER FOR RELIEF

    WHEREFORE, Plaintiff Ogma, LLC prays for relief as follows:

    A. Declaring that the Patent-in-Suit is valid and enforceable, and that each Defendant

    has infringed one or more claims of the Patent-in-Suit;

    B. Awarding Plaintiff damages in an amount adequate to compensate Plaintiff for

    each defendants infringement, in accordance with 35 U.S.C. 284;

    C. Awarding Plaintiff its costs of suit, including reasonable attorney fees, because

    this is an exceptional case under 35 U.S.C. 285; and

    D. Granting such other and further relief as this Court may deem just and

    appropriate.

    DEMAND FOR JURY TRIAL

    Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Ogma, LLC

    demands a trial by jury of this action.

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    COMPLAINT FOR PATENT INFRINGEMENT 18

    Dated: March 16, 2011 Respectfully submitted,

    By: /s/ Andrew W. SpanglerAndrew W. Spangler

    State Bar No. [email protected] Law PC208 N. Green St., Suite 300Longview, TX 75601Bus: (903) 753-9300Fax: (903) 553-0403

    Co-Counsel:James C. OttesonCA Bar No. 157781(Admitted E.D. Texas)[email protected]

    David A. CaineCA Bar No. 218074(Admitted E.D. Texas)[email protected]

    Thomas T. CarmackCA Bar No. 229324(Admitted E.D. Texas)[email protected]

    Xiang LongCA Bar No. 246629(Admitted E.D. Texas)[email protected]

    Agility IP Law1900 University Circle, Suite 201East Palo Alto, CA 94303Bus: 650-227-4800Fax: 650-318-3483

    Attorneys for Plaintiff OGMA, LLC

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    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    Exhibit A

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    United States PatentMacLeod

    [19]

    [54] IMAGE DISPLAY SYSTEM[76] Inventor: Kenneth J. MacLeod, 111 Fleurance,

    Laguna Niguel, Calif. 92677[21][22][51][52][58]

    [56]

    Appl. No.: 518,583Filed: Aug. 22, 1995Int. CI.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H04N 7/01U.S. CI. ............................................. 348/445; 348/913Field of Search ..................................... 348/448,445,

    4,734,7725,223,9285,243,4215,489,9525,491,512

    17

    348/556, 913; 345/127, 128, 129, 130,13 1

    References CitedU.S. PATENT DOCUMENTS

    3/1988 Akiyama ................................. 348/4456/1993 Hamada .................................. 348/4459/1993 Nagata et al. .......................... 348/4452/1996 Gave et al. ............................. 348/4482/1996 Itakura et al. .......................... 348/445

    111111 1111111111111111111111111111111111111111111111111111111111111US005825427A[11] Patent Number:[45] Date of Patent:

    Primary Examiner-Richard A. HjerpeAssistant Examiner-Ricardo Osorio

    5,825,427Oct. 20, 1998

    Attorney, Agent, or Firm---Drummond & Duckworth[57] ABSTRACTThe present invention addresses problems of dealing withvideo formats in both 4:3 and 16:9 aspect ratios by providingan image display system having an aspect ratio between the4:3 aspect ratio of th e standard National Television SystemCommittee (NTSC) and the soon to be implemented 16:9aspect ratio of High Definition TV (HDTV). In a firstembodiment, th e apparatus utilizes a video screen having asubstantially rectangular configuration having an aspectratio being between 1.4:1 an d 1.7:1. In a more preferredembodiment, the image display system includes a videoscreen having an aspect ratio being between 1.5:1 an d 1.6:1.In an even more preferred embodiment, the video screen ofthe image display system optimally has an aspect ratio of(square root of 64/27):1.0.

    4 Claims, 2 Drawing Sheets

    5

    13

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    u.s. Patent Oct. 20, 1998 Sheet 1 of 2 5,825,427

    17

    FIG. 1

    7"\

    5 59 9

    FIG. 2 FIG. 3

    21 21I' -I25 195 5

    23 239

    FIG. 4

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    u.s. Patent Oct. 20, 1998

    25 1+1----2-1---_-+-1_1~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 9 5

    23

    21~ : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 9

    523

    FIG. 8

    Sheet 2 of 2 5,825,427

    21

    5

    23

    19 FIG. 7

    21

    5

    19 FIG. 9

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    5,825,4271

    Il\1AGE DISPlAY SYSTEMBACKGROUND

    The invention relates to th e field of video broadcasting.More particularly, the invention relates to the soon to be 5implemented change from the present 4: 3 aspect ratio of th eNational Television System Committee (NTSC) most prevalently used for television an d th e soon to be implemented16:9 aspect ratio of future systems.

    2different systems with a single television receiver by discriminating th e input television signal an d selecting a propersignal processing circuit.

    Unfortunately, the display of 4:3 video material on a 16:9screen or th e display of 16:9 video material on a 4:3 leavesa substantial amount of unused screen that is not onlyinefficient but is substantially annoying to a person viewingth e video image. As shown in FIG. 4, th e display of 16:9video material on a 4:3 screen leaves the to p an d bottom

    Th e NTSC television system is presently used as th estandard color television system in th e USA and severalother countries. The NTSC system includes 52 5 horizontalscan lines typically received in a frequency band of 4. 2 MHz

    10 25% of th e screen unused. Similarly, as shown in FIG. 5, th edisplay of 4: 3 video material on a 16:9 screen leaves 25% ofthe left and right portions of the screen unused. Not onlydoes this result in the ineffective us e of the video screen butth e constant display of video in the middle portions of theto produce a video format having an aspect ratio of 4:3.

    Hereinafter, th e aspect ratio is defined as th e ratio of th ehorizontal length of a displayed image as a ratio to thevertical length of a displayed image (horizontal:vertical).Additional present da y systems include PA L an d SECAMsystems that also utilize a 4:3 aspect ratio. Unfortunately, th e 204:3 aspect of television conflicts with th e wide formatdisplay aspect ratio of 16:9 corresponding to the displayaspect ratio of theatrical movies. This has continued tocreate problems for both the television and cinematic industries which must process th e video images prior to their 25transition from theater to home television, often resulting in

    15 screen while th e sides, top and bottom are only temporallyused, results in uneven degradation of the cathode ray tube.

    a loss of video information. Conventionally, if a video imagehaving an aspect ratio of 16:9 is shown on a screen of 4:3,th e ends of th e scanning l ines are removed in th e horizontaldirection, expansion of th e video signal in the verticaldirection, or the video signal is displayed without an y 30processing. This results in th e loss of video information, th edistortion of th e video signal by expansion of th e verticaldirection or th e inclusion of blank portions appended to theto p an d bottom sides of th e video image. 35Partly in order to resolve this problem both Japan an d th eUnited States have begun to study a new television system,a High Definition TV (HDTV). One of the characteristicfeatures of th e proposed HDTV systems is that the numberof scan lines up to 1125 and th e signal bandwidth is 20 MHz 40or wider, which has information capacity of about five timesas large as the present system. Another characteristic feature

    In order to overcome these problems, several additionalimage display systems have been devised. F or example, asdisclosed in U.S. Pat. No. 4,670,784, th e blank portions arefixed in a mid-gray to decrease th e unevenness of thedegradation in those areas of th e cathode ray tube. Similarly,U.S. Pat. No. 5,193,006 discloses displaying the unusedportions at an average of the brightness of th e entire videoarea. Unfortunately, each of these systems result in thedisplay portion appearing rather small in comparison to th escreen. In a somewhat compromising system, U.S. Pat. No .5,386,236 discloses a combination of clipping and distortingth e received image that results in a display that is substan-tially fatter than originally received. Addition al systems thathave been developed to adapt 4:3 and 16:9 aspect ratiosinclude displaying th e image on th e left portion of the screenwhile providing character data on th e right portion of th escreen (U.S. Pat. No. 5,170,256), providing the viewer witha switch fo r th e viewer to decide whether to crop, distort orprovide shaded panels on the screen (U.S. Pat. No . 5,243,421) and providing the viewer with a joystick fo r th e viewerto pa n back an d forth along th e display in order to view th eportion of the image most desired (U.S. Pat. No. 4,953,025).

    Unfortunately, th e wide variety of systems that have beendeveloped to combine th e 4:3 and 16:9 aspect ratios into asingle system dramatically expose th e struggle that th eindustry ha s encountered to resolve these incompatibilityproblems. Accordingly, it would be advantageous to have animproved image display system that displayed images presented in both th e 4:3 and 16:9 aspect ratios.

    of HDTV is that the aspect ratio of th e proposed screen is16: 9, ident ical to that of c inemat ic product ions .Furthermore, other television systems are also under study, 45including Enhanced TV (EDTV) an d a second generation(EDTV-II), which also employ a 16:9 aspect ratio. Further, it would be advantageous to have an image

    display system that displayed 4: 3 and 16:9 images with aminimum of non-information border area being displayed on

    50 the screen.Widespread use of video image formats of 16:9 are

    expected to come into practical use in th e near future, whilecontinuing to use th e presently used NTSC 4:3 aspect ratio.Accordingly, for th e next several years, video material willbe provided in on e of two primary formats: the traditional4:3 (1.333:1) aspect ratio, or th e ne w HDTV or EDTVaspect ratio of 16:9 (1.778:1). In order to optimally displayon e of the types of video material using the full screen, it is 55anticipated most video display systems will be constructedwith an aspect ratio of either 4:3 or 16:9. If broadcast signalsof various systems are all to be received, several televisionreceivers ar e required to be newly bought and installed,which is not practical from th e aspects of expense and space. 60

    To overcome these obstacles, image display systems havebeen developed that will display both th e NTSC system,including 52 5 horizontal scan lines an d frequency band of4. 2 MHz, an d th e HDTV an d EDTV systems having 1125scan lines and a frequency band of 20 MHz. For example, 65U.S. Pat. No. 5,218,436 discloses a television signal processing circuit capable of receiving television signals of

    Moreover, it would be desirable to have an image displaysystem that reduced or completely eliminated th e need toclip or distort the image prior to display to completely fill th evideo screen.

    SUMMARYTh e present invention addresses the aforementioned dis

    advantages by providing an image display system having anaspect ratio between the 4:3 aspect ratio of th e standardNational Television System Committee (NTSC) an d th esoon to be implemented 16:9 aspect ratio of High DefinitionTV (HDTV). In a first embodiment, th e apparatus utilizes avideo screen having a substantially rectangular configuration having an aspect ratio being between 1.4:1 and 1.7:1.Ina more preferred embodiment, th e image display systemincludes a video screen having an aspect ratio being between1.5:1 an d 1.6:1. In an even more preferred embodiment, the

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    5,825,4273

    video screen of the image display system optimally has anaspect ratio of the square root of 64/27 (1.54):1.0.

    By providing an image display system with an aspect ratio

    4

    of 1.54:1.0, creates an adaptive video system optimallysuitable fo r receiving video signals having aspect ratios of 5both 4: 3 and 16:9.

    as shown, but may include theatrical screens, rear projectionsystems, computer monitors and the like. Referring to FIG.1, a typical prior art image display system 1 and exemplaryof the image display system of th e present invention isshown to include a cabinet housing 3, a video screen 5, avideo image processor 11, a control panel 13 and an inputlead 15 . With reference to FIGS. 1, 2 an d 3, typically thevideo screen 5 is positioned in the cabinet housing 3 toprovide a substantial planar vertically extending surface

    An additional advantage of the present invention is thatthe image display system does not require complicated andexpensive processing units to adapt a 4:3 formatted videosignal to a 16:9 video screen or to adapt a 16:9 formattedvideo signal to a 4:3 video screen.

    Moreover, the image display system reduces or completely eliminates th e need to clip or distort th e video imageprior its to display to completely fill the video screen.

    Other features and advantages of the present inventionwill be appreciated by those skilled in the art upon readingthe detailed description which follows with reference to theattached drawings.

    BRIEF DESCRIPTION OF TH E DRAWINGSThese an d other features, aspects, and advantages of the

    present invention will become better understood with regardto the following description, appended claims, an d a=ompanying drawings where:

    FIG. 1 is an isometric view of the image display systemof the present invention;FIG. 2 is a frontal view of the video screen of a prior ar t

    image display system having a 4:3 aspect ratio;FIG. 3 is a frontal view of the video screen of the soon tobe implemented image display systems having a 16:9 aspect

    ratio;FIG. 4 is a frontal view of th e video screen of a prior art

    image display system having a 4: 3 aspect ratio displaying avideo image having a 16:9 aspect ratio;

    FIG. 5 is a frontal view of the video screen of the soon tobe implemented image display systems having a 16:9 aspectratio displaying a video image having a 4:3 aspect ratio;

    10 having a horizontal dimension 7 an d a vertical dimension 9for displaying a video image. Connected to the video screen5 is th e video image processor 11 for processing inputsignals 17 received from the input lead 15 for producing animage on the video screen. Also, as would be readily

    15 understood by those in the art, th e input lead 15 is depictedas a cable, typically used by television consumers; however,the input lead 15 is representative of an y signal receiver fo rreceiving a signal image such as an antenna or satellite dish.

    With continued reference to FIGS. 1 and 2, video material20 is presently displayed on a screen having an 4:3 aspect ratioof the horizontal dimension 7 to th e vertical dimension 9.

    This corresponds the standard NTSC system whichincludes 525 horizontal scan lines received in a frequencyband of 4.2 MHz. As shown in FIG. 3, in the next fe w years25 video material will be provided in an aspect ratio of 16:9 ofthe horizontal dimension 7 an d vertical dimension 9 corresponding to the proposed HDTV system or the like havingup to 1125 scan lines and a signal bandwidth is 20 MHz. Asa result, video material will be provided in on e of two

    30 primary formats, the traditional 4:3 aspect ratio or the 16:9aspect ratio, and video displays will be constructed with anaspect ratio of either 4: 3 or 16:9 in order to optimally displayon e of th e types of video material using the entire screen.

    As shown in FIGS. 4 an d 5, with the construction of a35 screen having either aspect ratio, the display of th e other

    type of video material thereon ,vill only utilize 75 % of theavailable area of the screen du e to incompatible aspectratios. Fo r example, FIG. 4 shows the display of an image25 having a 16:9 aspect ratio on a video screen having an

    FIG. 6 is a frontal view of the video screen of the present 40invention having a 1.54:1 aspect ratio displaying a videoimage having a 16:9 aspect ratio;

    aspect ratio of 4:3. The horizontal dimension 21 of the imageextends the horizontal length 7 of the screen; however, thevertical dimension 23 of th e image is substantially less thanthe vertical dimension of the screen 9 resulting in twounused screen portions 19 comprising 25% of the entireIG . 7 is a frontal view of the video screen of th e presentinvention having a 1.54:1 aspect ratio displaying a video 45

    image having a 4: 3 aspect ratio; screen area. Similarly, as shown in FIG. 5, the display of animage 25 having a 4:3 aspect ratio on a video screen havingFIG. 8 is a frontal view of the video screen of the presentinvention having a 1.54:1 aspect ratio displaying an overscanned video image having a 16:9 aspect ratio; and

    an aspect ratio of 16:9 will result in two unused screenportions 19 at the sides of th e screen also comprising 25%of the entire screen area.FIG. 9 is a frontal view of the video screen of the present 50

    invention having a 1.54:1 aspect ratio displaying an overscanned video image having a 4:3 aspect ratio.

    The invention proposes an intermediate aspect ratio forvideo display screens which will minimize the worst-caseportion of unused screen area during the period that displayformats transition from the 4:3 aspect ratio to the 16:9 aspectratio. It ha s been determined that there is a mathematicallyDETAILED DESCRIPTIONWhile the present invention is susceptible of embodiment

    in various forms, there is shown in the drawings an d willhereinafter be described a presently preferred embodimentof the invention, with the understanding that th e presentdisclosure is to be considered as an exemplification of theinvention, and is no t intended to limit the invention to thespecific embodiment illustrated.

    As shown in th e exemplary drawings where like numeralsrepresent like elements, the invention is embodied in animage display having an aspect ratio between the presentlyemployed 4:3 ratio and the soon to be implemented in 16:9ratio. As would be well understood by those in the art, thepresent invention is no t limited to a typical television system

    55 defined range of aspect ratios fo r achieving this result. In afirst embodiment, the video screen of the present inventionhas a substantially rectangular configuration having anaspect ratio being between 1.4:1 and 1.7:1 thereby eliminating a substantial portion of th e unused screen area. In a

    60 more preferred embodiment, the image display systemincludes a video screen having an aspect ratio being between1.5:1 an d 1.6:1. I t has been determined that the optimumaspect ratio for minimizing the unused display area whensupporting either 4:3 or 16:9 formats of the video material

    65 is the geometric mean between the two ratios. In otherwords, the optimum aspect ratio is the square root of(4/3x16/19) which is equal to the square root of 64/27.

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    5,825,4275

    Accordingly, in th e preferred embodiment, th e image display system includes a video screen having an aspect ratioof approximately 1.54:1.

    6Although the present invention has been described with

    reference to th e preferred embodiment, workers skilled inthe art will recognize that changes may be made in form anddetail without departing from the spirit and scope of th einvention. Having identified the presently preferred bestmode thereof.

    I claim:

    As shown in FIG. 6, th e display of a video image 25having a 16:9 aspect ratio on a video screen 5 of th e present 5invention including a 1.54: 1 aspect ratio produces virtuallyinsignificant unused screen portions 19 that would notdestroy an y of the information of th e video image or detractfrom th e viewer's enjoyment. The utilization of a videoscreen having a 1.54:1 aspect ratio to display an imagehaving a 16:9 results in 86.6% of the screen being used and,accordingly, only an unused portion of 13.4%. Likewise, asshown in FIG. 7, th e us e a screen having an aspect ratio of1.54:1 to display an image having a 4:3 format also results

    1. An image display system for displaying a video image10 having an aspect ratio of either 4:3 or 16:9, the image display

    system comprising:

    in insignificant unused screen portions 19 that also compriseonly 13.4% of the screen or 86.6% of th e screen being used. 15Th e percentage of utilization is identical for either formatresulting in exceptionally high utilization.

    Moreover, the present invention is ideally suited for th eus e of "overscan." The control of th e size of a video imagechanges with time in most image display systems due to th e 20degradation of circuit components. Accordingly, the videoimage ha s a tendency to shrink over time creating an unusedborder around th e video image similar to th e unused borderarea discussed above. In order to el iminate thisunsightliness, th e processor of the image display system is 25adjusted prior to integration with th e system to "overscan"th e received input signal to oversize th e video image by5%-10%. This results in an oversized image, an unnoticeable loss of th e edge portion of the image which diminishesas th e video image shrinks over time, an d the elimination of 30th e border created due to image shrinkage.

    With reference to FIGS. 8 an d 9, th e us e of a 5%-10%overscan, as is typically used in present systems, to an imagedisplay system having a screen with a 1.54:1 aspect ratiowill result in the utilization of 91 %-95% of the video screen.Fo r example, as shown in FIG. 8, th e display of an image 25having a 16:9 format on a screen 5 having a 1.54:1 aspectratio, will result in insignificant unused border areas 19 atthe top and bottom of th e screen. Similarly, as shown in FIG.

    35

    9, the display of an image 25 having a 4:3 format on a screen 405 having a 1.54: 1 aspect ratio, will result in insignificantunused border areas 19 at th e sides of th e screen. In eitherinstance, the formats will utilize 91 %-95% which would bevery satisfactory to viewers. Furthermore, though notnecessary, fo r the practice of this invention it is anticipated 45that the image display system of the present invention couldbe combined with prior ar t systems which clip and distort th eimage and th e like to eliminate any border area seen by th eviewer.

    a video screen having a substantially rectangular configuration forming an aspect ratio of th e horizontal dimension of said video screen to the vertical dimension ofthe said video screen, said aspect ratio being between1.4:1 an d 1.65:1;

    a first image producing means fo r producing an imageoriginally formatted with an aspect ratio of 4: 3 on saidvideo screen having an aspect ratio between 1.4:1 an d1.65:1; an d

    a second image producing means fo r producing an imageoriginally formatted with an aspect ratio of 16:9 on saidvideo screen having an aspect ratio between 1.4:1 and1.65:1.

    2. An image display system of claim 1 wherein:said aspect ratio is between 1.5: 1 an d 1.6: 1.3. An image display system fo r displaying a video image

    comprising:a video screen having a substantially rectangular configu

    ration forming an aspect ratio of the horizontal dimension of said video screen to th e vertical dimension ofsaid video screen, said aspect ratio being between1.45:1 an d 1.60:1.

    4. An image display system fo r displaying a first videoimage having a first aspect ratio or a second video imagehaving a second aspect ratio, the image display systemcomprising:

    a video screen having a rectangular configuration forminga third aspect ratio, said third aspect ratio being substantially equal to th e geometric mean of said firstaspect ratio and said second aspect ratio;

    a first image producing means fo r producing an imageoriginally formatted with said first aspect ratio; an d

    a second image producing means for producing an imageoriginally formatted with said second aspect ratio.

    * * * * *

    Case 2:11-cv-00178-TJW Document 1-1 Filed 03/16/11 Page 7 of 7Case 2:11-cv-00322-TJW Document 2 Filed 07/18/11 Page 25 of 27

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    OJS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pr

    y local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

    . (a) PLAINTIFFS DEFENDANTS

    (b) County of Residence of First ListedPlaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

    NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

    LAND INVOLVED.

    (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

    I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for P(For Diversity Cases Only) and One Box for Defendant

    1 U.S. Government 3 Federal Question PTF DEF PTF DPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

    of Business In This State

    2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

    Defendant(Indicate Citizenship of Parties in Item III)

    of Business In Another State

    Citizen or Subject of a 3 3 Foreign Nation 6

    Foreign Country

    V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

    110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionm

    120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust

    130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking

    140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce

    150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influence

    151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizatio

    152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

    Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

    153 Recovery of Overpayment Liabil ity 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodiof Veterans Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

    160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge

    190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410

    195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Acti

    196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

    REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilizat

    210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Mat

    220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation A

    230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Informa 240 Torts to Land Accommodations 530 General 26 USC 7609 Act

    245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determ 290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access

    Employment 550 Civil Rights 463 Habeas Corpus - to Justice

    446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

    Other 465 Other Immigration State Statutes

    440 Other Civil Rights Actions

    V. ORIGINTransferred fromanother district(specify)

    Appeal to DJudge fromMagistrateJudgment

    (Place an X in One Box Only)

    1 OriginalProceeding

    2 Removed fromState Court

    3 Remanded fromAppellate Court

    4 Reinstated orReopened

    5 6 MultidistrictLitigation

    7

    VI. CAUSE OF ACTION

    Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

    Brief description of cause:

    VII. REQUESTED INCOMPLAINT:

    CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

    DEMAND $ CHECK YES only if demanded in complaint

    JURY DEMAND: Yes No

    VIII. RELATED CASE(S)IF ANY

    (See instructions):JUDGE DOCKET NUMBER

    DATE SIGNATURE OF ATTORNEY OF RECORD

    FOR OFFICE USE ONLY

    RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

    Case 2:11-cv-00178-TJW Document 1-2 Filed 03/16/11 Page 1 of 2Case 2:11-cv-00322-TJW Document 2 Filed 07/18/11 Page 26 of 27

    gma, LLC

    drew W. Spangler, Spangler Law P.C., 208 N. Green St., Ste.0, Longview, Texas 75601, (903) 753-9300

    3M Company, et al

    . . . an , et seq.

    atent n r ngement

    T. John Ward 2:11-cv-168-TJW

    03/16/2011 /s/ Andrew W. Spangler

    Print Save As... Export as FDF Retrieve FDF File Reset

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    44 Reverse (Rev. 12/07)

    INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

    Authority For Civil Cover Sheet

    The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as reqy law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for thf the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil comled. The attorney filing a case should complete the form as follows:

    (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, ushe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, g

    oth name and title.

    (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at thf filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation he county of residence of the defendant is the location of the tract of land involved.)

    (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, nn this section (see attachment).

    I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X f the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

    United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

    United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.

    ederal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment onstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, an

    or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship

    ifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

    II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sor each principal party.

    V. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is suffo enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, he most definitive.

    V. Origin. Place an X in one of the seven boxes.

    Original Proceedings. (1) Cases which originate in the United States district courts.

    emoved from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the peor removal is granted, check this box.

    emanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

    ransferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidtigation transfers.

    Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When thchecked, do not check (5) above.

    Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.

    VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional stanless diversity. Example: U.S. Civil Statute: 47 USC 553

    Brief Description: Unauthorized reception of cable service

    VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.

    Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

    ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

    VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket nund the corresponding judge names for such cases.

    ate and Attorney Signature. Date and sign the civil cover sheet.

    Case 2:11-cv-00178-TJW Document 1-2 Filed 03/16/11 Page 2 of 2Case 2:11-cv-00322-TJW Document 2 Filed 07/18/11 Page 27 of 27