THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

DISPLAY TECHNOLOGIES, LLC,

Plaintiff,

v.

DEXCOM, INC.,

Defendants.

 CASE NO. 

 JURY TRIAL DEMANDED

ORIGINAL COMPLAINT

Plaintiff Display Technologies, LLC (“Plaintiff”) files this complaint against Dexcom, 

Inc., of infringement of U.S. Patent No. 8,671,1951 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 Dexcom, Inc. is a Delaware corporation having its principal place of 

business at 6340 Sequence Drive, San Diego, CA 92121, hereinafter “Defendant.”

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 for patent infringement.

4. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal 

Question) and 1338(a) (Patents). 

																																																												

1. The ’195 Patent does not expire until the year 2032, accordingly to Google Patents database. 

Along with the ’195 Patent, Display Technologies, LLC is the sole owner and assignee of 

U.S. Patent No. 9,300,723 that contains fifty (50) patent claims.

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Original Complaint 2

5. Venue is proper in this State and convenient as Dexcom has asserted its own 

patent rights recently in this State against one of its continuous glucose monitoring system 

competitors, named Abbott Laboratories. See Dexcom, Inc. v. Abbott Diabetes Care, Inc., Case 

No. 6:21-CV-690 (W.D. Tex. 2021).

6. This Court has personal jurisdiction over Defendant. Defendant has continuous 

and systematic business contacts with the State of Texas. Defendant transacts business within 

this District and has employees that live and work in this District.

PATENTS-IN-SUIT

7. Plaintiff is the sole and exclusive owner, by assignment, of U.S. Patent No. 

8,671,195 (Exhibit 1).

8. The Patent-in-Suit is valid, enforceable, and were duly issued in full compliance 

with Title 35 of the United States Code.

9. Plaintiff possesses all rights of recovery under the asserted Patent, including the 

exclusive right to recover for past, present and future infringement.

10. The inventor of the asserted patent, Mr. Leigh M. Rothschild, was Chairman and 

Chief Executive Officer of IntraCorp Entertainment, Inc., a consumer software company with 

worldwide product distribution. From October 1998 through February 2004, Mr. Rothschild was 

also Chairman and founder of BarPoint.com, a NASDAQ publicly traded wireless company.

11. Mr. Rothschild chairs the Rothschild Family Foundation, which endows 

outstanding charities and institutions around the world.

12. The ’195 Patent contains twenty-three (23) patent claims.

13. February 6, 2032, is the estimated expiration date according to Google Patents. 

See https://patents.google.com/patent/US8671195B2/en?oq=8%2c671%2c195+, as last visited 

on December 9, 2023.

ACCUSED INSTRUMENTALITIES

14. Upon information and belief, Defendant sells, offers for sale, uses, or otherwise 

provides its Dexcom G5, G6 and G7 Continuous Glucose Monitoring (CGM) System (the 

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Original Complaint 3

“Accused Instrumentalities”), which infringe at least Claim 1 of the ’195 Patent, as shown in 

exemplary accompanying infringement charts at Exhibit 2 and Exhibit 3.

COUNT ONE

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

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

as if set forth herein. 

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

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

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

least as of the service of the present complaint.

18. 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 2 and 3) the Accused Instrumentalities.

19. 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.

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

(Exhibit 2 and 3) and references cited, constitutes actual knowledge of infringement as alleged 

here.

21. Exhibits 2 and 3 include at least one chart each 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.

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Original Complaint 4

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

chart of Exhibits 2 and 3.

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

infringement.

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

enjoined by this Court. 

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

Title 35 of the United States Code. 

26. 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.

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

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

28. 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. 

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

30. 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. 

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

Freedom to Operate analysis performed on information and belief. 

DEMAND FOR JURY TRIAL 

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

jury of any issues so triable by right.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff asks the Court to:

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(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 asserted patent claims; 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; including treble damages for willful infringement, if alleged.

Dated: December 12, 2023 Respectfully Submitted,

/s/ Randall Garteiser

Christopher A. Honea

 Texas Bar No. 24059967

 chonea@ghiplaw.com

Randall Garteiser

 Texas Bar No. 24038912

 rgarteiser@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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