THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

DISPLAY TECHNOLOGIES, LLC,

Plaintiff,

v.

ROCHE DIABETES CARE, LTD., 

Defendant.

 CAUSE NO. 2:23-cv-00585-JRG-RSP

 JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT

Plaintiff files this first amended complaint for patent infringement against defendant and 

alleges as follows:

PARTIES

1. Plaintiff is a Texas limited liability company with an office at 1 East Broward 

Boulevard, Suite 700, Ft. Lauderdale, FL 33301.

2. Defendant Roche Diabetes Care, Ltd. is a foreign entity to the State of Texas. 

Figure 1 – Excerpt showing Accused Instrumentality appearing on website owned by Roche 

Diabetes Care Limited as last visited on December 10, 2023, at https://www.accuchek.com/products/mysugr.

JURISDICTION AND VENUE

3. This action arises under the patent laws of the United States, 35 U.S.C. § 271 et 

seq. Plaintiff is seeking damages, as well as attorney fees and costs.

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4. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331, 1332, 1338, 

and 1367.

5. On information and belief, this Court has personal jurisdiction over Defendant 

because Defendant has committed, and continues to commit, acts of infringement in this District, 

has conducted business in this District, and/or has engaged in continuous and systematic 

activities in this District.

6. More specifically, Defendant, directly and/or through intermediaries, ship, 

distribute, use, offer for sale, sell, and/or advertise products and/or services in the United States, 

the State of Texas, and the Eastern District of Texas including but not limited to the Products as 

detailed below. Upon information and belief, Defendant has committed patent infringement in 

the State of Texas and in the Eastern District of Texas. Defendant, directly and/or through 

intermediaries, solicits and has solicited customers in the State of Texas and in the Eastern 

District of Texas. Defendant has paying customers, who are residents of the State of Texas and 

the Eastern District of Texas, who each use and have used the Defendant’s products and services 

in the State of Texas and in the Eastern District of Texas.

7. On information and belief, Defendant’s instrumentalities that are alleged herein to 

infringe were and continue to be used, imported, offered for sale, and/or sold in this District

either directly and/or through Defendant’s intermediaries.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c)(3) 

because Roche Diabetes Care, Ltd. is not a resident of the United States and therefore may be 

sued in any judicial district. 

ACCUSED INSTRUMENTALITIES

9. Defendant’s ACCU-CHEK Guide meter and “ACCU-CHEK Guide Me” meter

use the patented inventions when paired with the mySugr app (collectively “Accused 

Instrumentalities”). There is not an alleged infringement asserted in this lawsuit beyond the 

Accu-Chek Guide meter now discontinued products that retain convoyed sales for the selling of 

test strips for glucose monitoring. Defendant makes, uses, imports, sells, or offers to sell the 

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Accused Instrumentality to infringe only Patent Claims asserted direct and indirectly, which are 

specifically Claims 1, 3, 6, 8, 9, 12, 14, 20, 22, 24, 27, 29, 30, 32, 34, 37, 39, 40, 42, 44, 47, 49, 

and 50 of the ’723 Patent and Claims 1, 3, 11, 13, 17, 18, 19, 21, 22, and 23 of the ’195 Patent. 

Figure 2 – Excerpt from Defendant’s website, as last visited on September 29, 2023, 

https://www.accu-chek.com/products/mysugr. 

COUNT I

Infringement of United States Patent No. 8,671,195

10. Plaintiff refers to and incorporates the allegations in Paragraphs above, the same 

as if set forth herein. 

11. This cause of action arises under the patent laws of the United States and, in 

particular under 35 U.S.C. §§ 271, et seq. 

12. Defendant has knowledge of its infringement of the ’195 Patent (Exhibit 1), at 

least as of the service of the present complaint.

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13. Accordingly, Defendant has infringed and continues to infringe, the ’195 Patent in 

violation of 35 U.S.C. § 271. Upon information and belief, Defendant has infringed and 

continues to infringe one or more claims, including at least Claim 1, of the ’195 Patent by 

making, using, importing, selling, and/or offering for sale, as identified in the Claim Chart 

attached hereto as Exhibits 3.

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

doctrine of equivalents, one or more claims, including at least Claim 1, of the ’195 Patent, by 

having its employees internally test and use the Accused Instrumentalities.

15. The service of this Complaint, in conjunction with the attached Claim Chart 

(Exhibit 3) and references cited, constitutes actual knowledge of infringement as alleged here.

16. Exhibit 3 includes at least one chart comparing the exemplary claim 1 of the ’195

Patent to exemplary Accused Instrumentalities. As set forth in this chart, the Accused 

Instrumentalities practice the technology claimed by the ’195 Patent. Accordingly, the Accused 

Instrumentalities incorporated in this chart satisfy all elements of exemplary claim 1 of the ’195

Patent.

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

chart of Exhibit 3.

18. Plaintiff is entitled to recover damages adequate to compensate for Defendant’s 

infringement.

19. Defendant’s actions complained of herein will continue unless Defendant is 

enjoined by this Court. 

20. The ’195 Patent is valid, enforceable, and was duly issued in full compliance with 

Title 35 of the United States Code. 

21. By engaging in the conduct described herein, Defendant has injured Plaintiff and 

is liable for infringement of the ’195 Patent, pursuant to 35 U.S.C. § 271.

22. Defendant has committed these acts of literal infringement, or infringement under 

the doctrine of equivalents of the ’195 Patent, without license or authorization.

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23. As a result of Defendant’s infringement of the ’752 Patent, injured Plaintiff has 

suffered monetary damages and is entitled to a monetary judgment in an amount adequate to 

compensate for Defendant’s past infringement, together with interests and costs. 

24. Plaintiff is in compliance with 35 U.S.C. § 287.

25. As such, Plaintiff is entitled to compensation for any continuing and/or future 

infringement of the ’195 Patent up until the date that Defendant ceases its infringing activities or 

until expiration projected by Google Patents to be no earlier than February 6, 2032. 

26. Defendant’s infringement is willful as it had knowledge of the patents through its 

Freedom to Operate analysis performed on information and belief. 

COUNT 2

(INFRINGEMENT OF UNITED STATES PATENT NO. 9,300,723)

27. Plaintiff incorporates above paragraphs herein by reference. 

28. This cause of action arises under the patent laws of the United States and, in 

particular, under 35 U.S.C. §§ 271, et seq. 

29. Plaintiff is the owner by assignment of the ’723 Patent with sole rights to 

enforce the ’723 Patent and sue infringers. 

30. A copy of the ’723 Patent, titled “Enabling social interactive wireless 

communications,” is attached hereto as Exhibit 2.

31. The ’723 Patent is valid, enforceable, and was duly issued in full compliance 

with Title 35 of the United States Code.

32. Defendant has infringed and continues to infringe one or more claims, including 

at least Claim 1 of the ’723 Patent by making, using, and/or selling glucose monitoring systems 

covered by one or more claims of the ’723 Patent. Defendant has infringed and continues to 

infringe the ’723 Patent in violation of 35 U.S.C. § 271.

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Figure 3 – Excerpt from Defendant’s website, as last visited on September 29, 2023, 

https://www.accu-chek.com/products/mysugr. 

Figure 4 – Excerpt from Defendant’s website, as last visited on September 29, 2023, 

https://www.accu-chek.com/products/mysugr.

33. Regarding Claim 1, the method is configured to receive a media file from a 

wireless mobile device over a communication network (e.g. Bluetooth network). The wireless 

mobile device (e.g., mobile phone) sends data (e.g., Accu-Chek Guide) to the mySugr App 

system. Certain aspects of this element are illustrated in the screenshots below and/or those 

provided in connection with other allegations herein. 

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34. The Product includes a wireless receiver (e.g., Bluetooth receiver). Certain 

aspects of this element are illustrated in the screenshots below and/or in those provided in 

connection with other allegations herein.

35. The Product includes a security measure. For example, the Product must be 

paired and connected by inputting a password and/or Bluetooth code (i.e., a security measure) 

to a wireless mobile device (e.g., mobile phone) before receiving data. Certain aspects of this 

element are illustrated in the screenshots below and/or those provided in connection with other 

allegations herein.

Figure 5 – Excerpt from Exhibit 3 at 5.

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36. The Product is disposed in an accessible relation to at least one interactive 

computer network (e.g., Bluetooth network) that has a wireless range structured to permit 

authorized access (e.g., via pairing code) to said at least one interactive computer network. 

37. When the wireless mobile device is within the wireless range, the wireless 

mobile device is detectable by the media system (e.g., the media system automatically detects a 

smartphone when the mobile device is within Bluetooth range).

Figure 6 – Excerpt from Exhibit 4 at 6.

38. The media system is structured to detect the wireless mobile device disposed 

within the wireless range (e.g., media system automatically detects the mobile phone when it is 

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within Bluetooth range). Certain aspects of this element are illustrated in the screenshots below 

and/or those provided in connection with other allegations herein.

39. A BLE communication link is initiated by the media system. The devices will 

automatically connect when the units are in range. Certain aspects of this element are 

illustrated in the screenshots below and/or those provided in connection with other allegations 

herein.

40. The wireless mobile device and the media system are structured to transmit the 

at least one digital media file there between via the communication link (e.g., media system 

allows for the transmission of files between itself and the wireless mobile device).

41. The communication link is structured to bypass the security measure of the 

media system for a limited permissible use of the communication link by the wireless mobile 

device for only transferring the at least one digital media file to, and displaying the at least one 

digital media file on, the media system (e.g., the media system bypasses the security measure 

of the Bluetooth network). 

42. Defendant’s actions complained of herein will continue unless Defendant is 

enjoined by this court. 

43. Defendant’s actions complained of herein are causing irreparable harm and 

monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined 

and restrained by this Court. 

44. Plaintiff is in compliance with 35 U.S.C. § 287.

DEMAND FOR JURY TRIAL 

45. Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by 

jury of any issues so triable by right.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff asks the Court to:

(a) Enter judgment for Plaintiff on this Complaint on all cases of action asserted herein;

(b) Enter an Order enjoining Defendant, its agents, officers, servants, employees, 

attorneys, and all persons in active concert or participation with Defendant who receives notice 

of the order from further infringement of Patents (or, in the alternative, awarding Plaintiff 

running royalty from the time judgment going forward);

(c) Award Plaintiff damages resulting from Defendants infringement in accordance with 

35 U.S.C. § 284;

(d) Award Plaintiff such further relief to which the Court finds Plaintiff entitled under 

law or equity.

Dated: July 12, 2024 Respectfully Submitted,

/s/ Randall T. Garteiser

Randall Garteiser 

 Texas Bar No. 24038912

 rgarteiser@ghiplaw.com

Christopher A. Honea

 Texas Bar No. 24059967

 chonea@ghiplaw.com

M. Scott Fuller

 Texas Bar No. 24036607

 rgarteiser@ghiplaw.com

GARTEISER HONEA, PLLC

119 W. Ferguson Street

Tyler, Texas 75702

Telephone: (903) 705-7420

Facsimile: (903) 405-3999

COUNSEL FOR PLAINTIFF

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