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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

KT IMAGING USA, LLC, 

 Plaintiff 

-againstACER AMERICA CORPORATION and 

ACER INC., 

 Defendants 

Civil Action No.: 6:20-cv-299 

Jury Trial Demanded 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiff KT Imaging USA, LLC (“KTI” or “Plaintiff”), by way of this Complaint against 

Defendants Acer America Corporation and Acer Inc. (collectively “Acer” or “Defendants”), 

alleges as follows: 

PARTIES 

1. Plaintiff KT Imaging USA, LLC is a limited liability company organized and existing 

under the laws of the State of Texas, having its principal place of business at 106 E 6th Street, Suite 

900, Austin, TX 78701. 

2. On information and belief, Defendant Acer Inc. is a corporation organized and under the 

laws of Taiwan, with a principal place of business at 1F, 88, Sec. 1, Xintai 5th Rd., Xizhi, New 

Taipei City 221, Taiwan. On information and belief, Acer, Inc. can be served through its resident 

agent for service of process in Texas: Arthur Gentry, 5105 34th St., Lubbock, TX 79414. 

3. On information and belief, Defendant Acer America Corporation is a corporation 

organized under the laws of California with a registered address at 333 W San Carlos St, Ste 1500, 

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San Jose Ca 95110. 

JURISDICTION AND VENUE 

4. This is an action under the patent laws of the United States, 35 U.S.C. §§ 1, et seq., for 

infringement by Acer of claims of U.S. Patent No. 8,004,602; and U.S. Patent No. 8,314,481 

(collectively “the Patents-in-Suit”). 

5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 

6. Acer Inc. is subject to personal jurisdiction of this Court because, inter alia, on information 

and belief, independently and/or via its agents, (i) Acer Inc. sells and offers for sale its products in 

Texas, (ii) Acer Inc. sells and offers for sale its products by using distributors and sales 

representatives located in Texas; and/or (iii) Acer Inc. places its products in the stream of 

commerce with intent or knowledge that those products would end up in Texas. For example, Acer 

Inc. sells its products including its chromebooks and tablets (directly or through agents) in Texas 

and/or to residents of Texas. 

7. Acer America Corporation is subject to personal jurisdiction of this Court because, inter 

alia, on information and belief, independently and/or via its agents, (i) Acer America Corporation 

sells and offers for sale its products in Texas, (ii) Acer America Corporation sells and offers for 

sale its products by using distributors and sales representatives located in Texas; and/or (iii) Acer 

America Corporation places its products in the stream of commerce with intent or knowledge that 

those products would end up in Texas. For example, Acer Inc. sells its products including its 

chromebooks and tablets (directly or through agents) in Texas and/or to residents of Texas. 

8. Venue is proper in this district under 28 U.S.C. § 1391(c) because, inter alia, Acer Inc. is 

a foreign entity. 

9. Venue is proper in this district under 35 U.S.C. § 1400(b) because Acer America 

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Corporation operates a regular and established place of business, which includes at least a repair 

and service facility within the Western District of Texas located at 1394 Eberhardt Rd, Temple, 

Texas 76504 and commits acts of infringement in this judicial district. 

BACKGROUND 

10. On August 23, 2011, the United States Patent and Trademark Office duly and lawfully 

issued U.S. Patent No. 8,004,602 (“the ’602 Patent”), entitled “Image Sensor Structure And 

Integrated Lens Module Thereof.” 

11. On November 20, 2012, the United States Patent and Trademark Office duly and lawfully 

issued U.S. Patent No. 8,314,481 (“the ’481 Patent”), entitled “Substrate Structure for an Image 

Sensor Package and Method for Manufacturing the Same.” 

12. KTI is the assignee and owner of the right, title, and interest in and to the Patents-in-Suit, 

including the right to assert all causes of action arising under said patents and the right to any 

remedies for infringement of them. 

13. Acer has infringed and continues to infringe the Patents-in-Suit. For example, as set forth 

below, Acer Chromebook 15.6 HD and Acer Iconia One 10 and all other products with 

substantially similar imaging sensors, including the products identified in Attachment A 

(“Accused Products”) infringe claims of the Patents-in-Suit. 

NOTICE 

14. By letter dated February 6, 2020, KTI notified Acer of the existence of the Patents-in-Suit, 

and of infringement thereof by Acer. KTI’s letter identified exemplary infringing Acer products 

and an exemplary infringed claim for each of these patents. KTI’s February 6, 2020 letter invited 

Acer to hold a licensing discussion with KTI. 

15. Acer has had notice of the ’481 Patent at least as of the time of filing of this Complaint. 

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COUNT I: INFRINGEMENT OF THE ’602 PATENT BY ACER 

16. Plaintiff incorporates the preceding paragraphs as if fully set forth herein. 

17. On information and belief, Acer has infringed the ’602 Patent pursuant to 35 U.S.C. § 

271(a), literally or under the doctrine of equivalents, by making, using, offering to sell, selling in 

the United States, or importing into the United States the Accused Products. 

18. For example, on information and belief, Acer has infringed and continues to infringe at 

least claim 1 of the ’602 Patent by including an image sensor structure with an integrated lens 

module in the Accused Products. See Ex. 1 (Iconia One 10 Rear Facing Image Sensor Module). 

The image sensor structure in the Accused Products comprises a chip having a plurality of lightsensing elements arranged on a light sensing area of a first surface of the chip, a plurality of first 

conducting pads arranged around the light-sensing area and electrically connected to the lightsensing elements, and at least one conducting channel passing through the chip and electrically 

connected to the first conducting pads at one end as well as extending along with a second surface 

of the chip. See Exs. 1, 2-4 (all Iconia One 10 Rear Facing Image Sensor Module). The image 

sensor structure in the Accused Products comprises a lens module comprising a holder having a 

through hole and a contact surface on a bottom of the holder, wherein the contact surface is 

combined with the first surface, and at least one lens completely embedded inside the through hole 

and integrated with the holder. See Exs. 1, 4. 

19. On information and belief, Acer has induced infringement of the ’602 Patent pursuant to 

35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and encouraging 

others, including, but not limited to, its partners, resellers, distributers, customers, and end users, 

to make, use, sell, and/or offer to sell in the United States, and/or import into the United States, 

the Accused Products by, among other things, providing the accused products and incorporated 

image sensor technology, specifications, instructions, manuals, advertisements, marketing 

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materials, and technical assistance relating to the installation, set up, use, operation, and 

maintenance of said products. 

20. On information and belief, Acer has committed the foregoing infringing activities without 

a license. 

21. On information and belief, Acer knew the ’602 Patent existed, knew of an exemplary 

infringed claim of the ’602 Patent, and knew of exemplary infringing Acer products while 

committing the foregoing infringing acts while committing the foregoing infringing acts, thereby 

willfully, wantonly and deliberately infringing the ’602 Patent. 

COUNT II: INFRINGEMENT OF THE ’481 PATENT BY ACER 

22. Plaintiff incorporates the preceding paragraphs as if fully set forth herein. 

23. On information and belief, Acer has infringed the ’481 Patent pursuant to 35 U.S.C. § 

271(a), literally or under the doctrine of equivalents, by making, using, offering to sell, selling in 

the United States, or importing into the United States the Accused Products. 

24. For example, on information and belief, Acer has infringed and continues to infringe at 

least claim 1 of the ’481 Patent by including a substrate structure for an image sensor package in 

each of the Accused Products. See Ex. 5 (Acer Chromebook 15.6 HD Front Facing Image Sensor 

Module). See also Exs. 6-8. The substrate structure in the Accused Products comprises a bottom 

base having an upper surface formed with a plurality of first electrodes, and a lower surface formed 

with a plurality of second electrodes, wherein an insulation layer is coated between first electrodes 

and in direct surface contact with the upper surface of the bottom base. See Ex. 5. The substrate 

structure in the Accused Products comprises a frame layer arranged on and in direct surface contact 

with the first electrodes and the insulation layer to form a cavity together with the bottom base, 

wherein the insulation layer is interposed between the bottom base and the frame layer. See Ex. 

5. 

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25. On information and belief, Acer has induced infringement of the ’481 Patent pursuant to 

35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and encouraging 

others, including, but not limited to, its partners, resellers, distributers, customers, and end users, 

to make, use, sell, and/or offer to sell in the United States, and/or import into the United States, 

the Accused Products by, among other things, providing the accused products and incorporated 

image sensor technology, specifications, instructions, manuals, advertisements, marketing 

materials, and technical assistance relating to the installation, set up, use, operation, and 

maintenance of said products. 

26. On information and belief, Acer has committed the foregoing infringing activities without 

a license. 

PRAYER FOR RELIEF 

 WHEREFORE, KTI prays for judgment in its favor against the Acer for the following 

relief: 

A. Entry of judgment in favor of KTI against Acer on all counts; 

B. Entry of judgment that Acer has infringed the Patent-in-Suit; 

C. Entry of judgment that Acer’s infringement of the Patents-in-Suit has been willful; 

D. An order permanently enjoining Acer from infringing the Patent-in-Suit; 

E. Award of compensatory damages adequate to compensate KTI for Acer’s 

infringement of the Patent-in-Suit, in no event less than a reasonable royalty trebled as provided 

by 35 U.S.C. § 284; 

F. Award of reasonable attorneys’ fees and expenses against Acer pursuant to 35 

U.S.C. § 285; 

G. KTI’s costs; 

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H. Pre-judgment and post-judgment interest on KTI’s award; and 

I. All such other and further relief as the Court deems just or equitable. 

DEMAND FOR JURY TRIAL 

Pursuant to Rule 38 of the Fed. R. Civ. Proc., Plaintiff hereby demands trial by jury in 

this action of all claims so triable. 

Dated: April 20, 2020 Respectfully submitted, 

/s/ Stafford Davis 

Stafford Davis 

State Bar No. 24054605 

sdavis@stafforddavisfirm.com 

Catherine Bartles 

State Bar No. 24104849 

cbartles@stafforddavisfirm.com 

THE STAFFORD DAVIS FIRM, PC 

815 South Broadway 

Tyler, Texas 75702 

Tel: (903) 593-7000 

Fax: (903) 705-7369 

Dmitry Kheyfits 

(pro hac vice to be filed) 

dkheyfits@kblit.com 

KHEYFITS BELENKY LLP 

4 Embarcadero Center, Suite 1400 

San Francisco, CA 94111 

Tel: 415-429-1739 

Fax: 415-429-6347 

Brandon G. Moore 

KHEYFITS BELENKY LLP 

7500 Rialto Boulevard, Bldg. 1 

Suite 250 

Austin, TX 78735 

Tel: 737-228-1838 

Fax: 737-228-1843 

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Andrey Belenky 

abelenky@kblit.com 

KHEYFITS BELENKY LLP 

1140 Avenue of the Americas, 9th Floor 

New York, NY 10036 

Tel: 212-203-5399 

Fax: 212-203-5399 

Attorneys for Plaintiff 

KT Imaging USA, LLC

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