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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

 

 

 

Patent Armory Inc.,

 Plaintiff, 

 v. 

Samsung Electronics America, Inc.,

 Defendant. 

 

 Case No. 2:23-cv-00199-JRG 

 Patent Case 

 Jury Trial Demanded 

 

 

SECOND CORRECTED AMENDED COMPLAINT FOR PATENT INFRINGEMENT

1. Plaintiff Patent Armory Inc. (“Plaintiff”), through its attorneys, complains of 

Samsung Electronics America, Inc. (“Defendant”), and alleges the following: 

PARTIES

2. Plaintiff Patent Armory Inc. is a corporation organized and existing under the 

laws of Canada that maintains its principal place of business at 2450 Lancaster Road, Unit 4 

Ottawa, Ontario, Canada K1B5N3. 

3. Defendant Samsung Electronics America, Inc. is a corporation organized and 

existing under the laws of New York that maintains an established place of business at 12100 

Samsung Blvd, Austin, Texas 78754. 

JURISDICTION

4. This is an action for patent infringement arising under the patent laws of the 

United States, Title 35 of the United States Code. 

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5. This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and 

1338(a). 

6. This Court has personal jurisdiction over Defendant because it has engaged in 

systematic and continuous business activities in this District. As described below, Defendant has 

committed acts of patent infringement giving rise to this action within this District. 

VENUE

7. Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has 

an established place of business in this District. In addition, Defendant has committed acts of 

patent infringement in this District, and Plaintiff has suffered harm in this district. 

PATENTS-IN-SUIT

8. Plaintiff is the assignee of all right, title and interest in United States Patent Nos. 

7,130,430; 8,275,413; and 8,825,112 (the “Patents-in-Suit”); including all rights to enforce and 

prosecute actions for infringement and to collect damages for all relevant times against infringers 

of the Patents-in-Suit. Accordingly, Plaintiff possesses the exclusive right and standing to 

prosecute the present action for infringement of the Patents-in-Suit by Defendant. 

THE ’430 PATENT

9. The ’430 Patent is entitled “Phased array sound system,” and issued 2006-10-31. 

The application leading to the ’430 Patent was filed on 2001-12-18. A true and correct copy of 

the ’430 Patent is attached hereto as Exhibit 1 and incorporated herein by reference. 

THE ’413 PATENT

10. The ’413 Patent is entitled “Wireless communication device with integrated 

electromagnetic radiation sensors,” and issued 2012-09-25. The application leading to the ’413 

Patent was filed on 2011-11-22. A true and correct copy of the ’413 Patent is attached hereto as 

Exhibit 2 and incorporated herein by reference. 

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THE ’112 PATENT

11. The ’112 Patent is entitled “Mobile communication device with electromagnetic 

radiation sensors,” and issued 2014-09-02. The application leading to the ’112 Patent was filed 

on 2014-02-26. A true and correct copy of the ’112 Patent is attached hereto as Exhibit 3 and 

incorporated herein by reference. 

COUNT 1: INFRINGEMENT OF THE ’430 PATENT

12. Plaintiff incorporates the above paragraphs herein by reference. 

13. Direct Infringement. Defendant has been and continues to directly infringe one 

or more claims of the ’430 Patent in at least this District by making, using, offering to sell, 

selling and/or importing, without limitation, at least the Defendant products identified in the 

charts incorporated into this Count below (among the “Exemplary Defendant Products”) that 

infringe at least the exemplary claims of the ’430 Patent also identified in the charts incorporated 

into this Count below (the “Exemplary ’430 Patent Claims”) literally or by the doctrine of 

equivalents. On information and belief, numerous other devices that infringe the claims of the 

’430 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its 

customers. 

14. Defendant also has and continues to directly infringe, literally or under the 

doctrine of equivalents, the Exemplary ’430 Patent Claims, by having its employees internally 

test and use these Exemplary Products. 

15. Actual Knowledge of Infringement. The service of this Complaint, in 

conjunction with the attached claim charts and references cited, constitutes actual knowledge of 

infringement as alleged here. 

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16. Despite such actual knowledge, Defendant continues to make, use, test, sell, offer 

for sale, market, and/or import into the United States, products that infringe the ’430 Patent. On 

information and belief, Defendant has also continued to sell the Exemplary Defendant Products 

and distribute product literature and website materials inducing end users and others to use its 

products in the customary and intended manner that infringes the ’430 Patent. See Exhibit 4 

(extensively referencing these materials to demonstrate how they direct end users to commit 

patent infringement). 

17. Induced Infringement. At least since being served by this Complaint and 

corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to 

induce infringement of the ’430 Patent, literally or by the doctrine of equivalents, by selling 

Exemplary Defendant Products to their customers for use in end-user products in a manner that 

infringes one or more claims of the ’430 Patent. 

18. Exhibit 4 includes charts comparing the Exemplary ’430 Patent Claims to the 

Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products 

practice the technology claimed by the ’430 Patent. Accordingly, the Exemplary Defendant 

Products incorporated in these charts satisfy all elements of the Exemplary ’430 Patent Claims. 

19. Plaintiff therefore incorporates by reference in its allegations herein the claim 

charts of Exhibit 4. 

20. Plaintiff is entitled to recover damages adequate to compensate for Defendant's 

infringement. 

COUNT 2: INFRINGEMENT OF THE ’413 PATENT

21. Plaintiff incorporates the above paragraphs herein by reference. 

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22. Direct Infringement. Defendant has been and continues to directly infringe one 

or more claims of the ’413 Patent in at least this District by making, using, offering to sell, 

selling and/or importing, without limitation, at least the Defendant products identified in the 

charts incorporated into this Count below (among the “Exemplary Defendant Products”) that 

infringe at least the exemplary claims of the ’413 Patent also identified in the charts incorporated 

into this Count below (the “Exemplary ’413 Patent Claims”) literally or by the doctrine of 

equivalents. On information and belief, numerous other devices that infringe the claims of the 

’413 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its 

customers. 

23. Defendant also has and continues to directly infringe, literally or under the 

doctrine of equivalents, the Exemplary ’413 Patent Claims, by having its employees internally 

test and use these Exemplary Products. 

24. Actual Knowledge of Infringement. The service of this Complaint, in 

conjunction with the attached claim charts and references cited, constitutes actual knowledge of 

infringement as alleged here. 

25. Despite such actual knowledge, Defendant continues to make, use, test, sell, offer 

for sale, market, and/or import into the United States, products that infringe the ’413 Patent. On 

information and belief, Defendant has also continued to sell the Exemplary Defendant Products 

and distribute product literature and website materials inducing end users and others to use its 

products in the customary and intended manner that infringes the ’413 Patent. See Exhibit 5 

(extensively referencing these materials to demonstrate how they direct end users to commit 

patent infringement). 

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26. Induced Infringement. At least since being served by this Complaint and 

corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to 

induce infringement of the ’413 Patent, literally or by the doctrine of equivalents, by selling 

Exemplary Defendant Products to their customers for use in end-user products in a manner that 

infringes one or more claims of the ’413 Patent. 

27. Exhibit 5 includes charts comparing the Exemplary ’413 Patent Claims to the 

Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products 

practice the technology claimed by the ’413 Patent. Accordingly, the Exemplary Defendant 

Products incorporated in these charts satisfy all elements of the Exemplary ’413 Patent Claims. 

28. Plaintiff therefore incorporates by reference in its allegations herein the claim 

charts of Exhibit 5. 

29. Plaintiff is entitled to recover damages adequate to compensate for Defendant's 

infringement. 

COUNT 3: INFRINGEMENT OF THE ’112 PATENT

30. Plaintiff incorporates the above paragraphs herein by reference. 

31. Direct Infringement. Defendant directly infringed one or more claims of the 

’112 Patent in at least this District by making, using, offering to sell, selling and/or importing, 

without limitation, at least the Defendant products identified in the charts incorporated into this 

Count below (among the “Exemplary Defendant Products”) that infringed at least the exemplary 

claims of the ’112 Patent also identified in the charts incorporated into this Count below (the 

“Exemplary ’112 Patent Claims”) literally or by the doctrine of equivalents. On information and 

belief, numerous other devices that infringed the claims of the ’112 Patent have been made, used, 

sold, imported, and offered for sale by Defendant and/or its customers. 

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32. Defendant also directly infringed, literally or under the doctrine of equivalents, 

the Exemplary ’112 Patent Claims, by having its employees internally test and use these 

Exemplary Products. 

33. Exhibit 6 includes charts comparing the Exemplary ’112 Patent Claims to the 

Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products 

practice the technology claimed by the ’112 Patent. Accordingly, the Exemplary Defendant 

Products incorporated in these charts satisfy all elements of the Exemplary ’112 Patent Claims. 

34. Plaintiff therefore incorporates by reference in its allegations herein the claim 

charts of Exhibit 6. 

35. Plaintiff is entitled to recover damages adequate to compensate for Defendant's 

infringement. 

JURY DEMAND

36. Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully 

requests a trial by jury on all issues so triable. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests the following relief: 

A. A judgment that the ’430 Patent is valid and enforceable 

B. A judgment that Defendant has infringed directly and indirectly one or more 

claims of the ’430 Patent; 

C. A judgment that the ’413 Patent is valid and enforceable 

D. A judgment that Defendant has infringed directly and indirectly one or more 

claims of the ’413 Patent; 

E. A judgment that the ’112 Patent is valid and enforceable 

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F. A judgment that Defendant has infringed directly one or more claims of the ’112 

Patent; 

G. An accounting of all damages not presented at trial; 

H. A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284 

for Defendant's continuing or future infringement, up until the date such judgment 

is entered with respect to the ’430; and ’413 Patents, including pre- or postjudgment interest, costs, and disbursements as justified under 35 U.S.C. § 284; 

I. A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284 

for Defendant's past infringement at least with respect to the ’112 Patent. 

J. And, if necessary, to adequately compensate Plaintiff for Defendant's 

infringement, an accounting: 

i. that this case be declared exceptional within the meaning of 35 U.S.C. § 285 

and that Plaintiff be awarded its reasonable attorneys fees against Defendant 

that it incurs in prosecuting this action; 

ii. that Plaintiff be awarded costs, and expenses that it incurs in prosecuting 

this action; and 

iii. that Plaintiff be awarded such further relief at law or in equity as the Court 

deems just and proper. 

 

Dated: June 21, 2023 Respectfully submitted, 

 

 /s/ Isaac Rabicoff 

 Isaac Rabicoff 

 Rabicoff Law LLC 

 600 Mamaroneck Ave STE 400 

 Harrison, NY 10528 

 7736694590 

 isaac@rabilaw.com 

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 Counsel for Plaintiff

Patent Armory Inc.

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