THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

DISPLAY TECHNOLOGIES, LLC,

Plaintiff,

v.

VIVINT, INC., 

Defendant.

 CIVIL ACTION NO. 2:24-cv-98

 JURY TRIAL DEMANDED

COMPLAINT

Plaintiff files this complaint for patent infringement against defendant Vivint, Inc. for its 

unlicensed use of its Smart Hub and similar products that on information and belief infringe two 

patents:

(1) Patent Claims 1, 2, 3, 5, 6, 7, 8, 9, 11, 17, 18, 19, 21, 22, 23 of U.S. Patent 8,671,195 

(“the ’195 Patent”)1 and 

(2) Patent Claims 11, 6, 8, 9, 12, 17, 19, 20, 22, 27, 30, 32, 37, 39, 42, 47, 49, 50 of U.S. 

Patent 9,300,723 (“the ’723 Patent”); 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. On information and belief, Defendant Vivint, Inc., has a business location in this 

district 5212 Tennyson Pkwy Suite 150, Plano, TX 75024, among others in this State, and has 

employees located throughout the state.

3. Venue is proper in the Eastern District of Texas as to Defendant pursuant to at least 

28 U.S.C. §§ 1391 and 1400. 

1 The expiration date is not until February 6, 2032, eight years from 2024, according to 

independent, third-party Google Patents, as last visited on February 9, 2024.

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ACCUSED INSTRUMENTALITIES

4. Defendant makes, uses, offers to sell, or sells its Smart Hub and similar products, 

without authority, within the United States or imports into the United States during the term of 

the asserted patents infringe Claims 1, 2, 3, 5, 6, 7, 8, 9, 11, 17, 18, 19, 21, 22, 23 of the ’195 Patent 

and Claims 1, 6, 8, 9, 12, 17, 19, 20, 22, 27, 30, 32, 37, 39, 42, 47, 49, 50 of the ’723 Patent. 

COUNT I

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

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

if set forth herein. 

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

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

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

as of the service of the present complaint.

8. 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.

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

of equivalents, Claims 1, 2, 3, 5, 6, 7, 8, 9, 11, 17, 18, 19, 21, 22, 23, of the ’195 Patent, by having 

its employees internally test and use the Accused Instrumentalities.

10. 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.

11. Exhibit 3 includes Claims 1, 2, 3, 5, 6, 7, 8, 9, 11, 17, 18, 19, 21, 22, 23 of the ’195 

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

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

Instrumentalities incorporated in this chart satisfy all elements of Claims 1, 2, 3, 5, 6, 7, 8, 9, 11, 

17, 18, 19, 21, 22, 23 of the ’195 Patent.

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

of Exhibit 3.

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

infringement.

Figure 1 – Excerpt from page 2 of Exhibit 3. 

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Figure 2 – Excerpt from page 3 of Exhibit 3.

Figure 3 – Excerpt from page 4 of Exhibit 3.

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Figure 4 – Excerpt from page 5 of Exhibit 3.

Figure 5 – Excerpt from page 6 of Exhibit 3.

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Figure 6 – Excerpt from page 7 of Exhibit 3.

Figure 7 – Excerpt from page 8 of Exhibit 3.

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Figure 8 – Excerpt from page 9 of Exhibit 3.

Figure 9 – Excerpt from page 10 of Exhibit 3.

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Figure 10 – Excerpt from page 11 of Exhibit 3.

Figure 11 – Excerpt from page 12 of Exhibit 3.

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Figure 12 – Excerpt from page 13 of Exhibit 3.

Figure 13 – Excerpt from page 14 of Exhibit 3.

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Figure 14 – Excerpt from page 15 of Exhibit 3.

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

enjoined by this Court. 

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

Title 35 of the United States Code. 

16. 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.

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

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

18. As a result of Defendant’s infringement of the ’195 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. 

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

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20. 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. 

21. 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

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

if set forth herein. 

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

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

24. Defendant has knowledge of its infringement of the ’723 Patent (Exhibit 2), at least 

as of the service of the present complaint.

25. 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 Claims 1, 6, 8, 9, 12, 17, 19, 20, 22, 27, 30, 32, 37, 39, 42, 47, 49, 50 the ’723 Patent 

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

attached hereto as Exhibits 4.

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

of equivalents, claims 1, 6, 8, 9, 12, 17, 19, 20, 22, 27, 30, 32, 37, 39, 42, 47, 49, 50 of the ’723 

Patent, by having its employees internally test and use the Accused Instrumentalities.

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

(Exhibit 4) and references cited, constitutes actual knowledge of infringement as alleged here.

28. Exhibit 4 includes claims 1, 6, 8, 9, 12, 17, 19, 20, 22, 27, 30, 32, 37, 39, 42, 47, 

49, 50 of the ’723 Patent charted to the exemplary Accused Instrumentalities. As set forth in this 

chart, the Accused Instrumentalities practice the technology claimed by the ’723 Patent. 

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Accordingly, the Accused Instrumentalities incorporated in this chart satisfy all elements of Claims 

1, 6, 8, 9, 12, 17, 19, 20, 22, 27, 30, 32, 37, 39, 42, 47, 49, 50 of the ’723 Patent.

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

of Exhibit 4.

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

infringement.

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

enjoined by this Court. 

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

Title 35 of the United States Code. 

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

liable for infringement of the ’723 Patent, pursuant to 35 U.S.C. § 271.

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

the doctrine of equivalents of the ’723 Patent, without license or authorization.

35. As a result of Defendant’s infringement of the ’723 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. 

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

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

infringement of the ’723 Patent up until the date that Defendant ceases its infringing activities. 

38. Defendant’s infringement is willful as it had knowledge of the patent through its 

Freedom to Operate analysis performed on information and belief. 

DEMAND FOR JURY TRIAL 

39. 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 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: February 13, 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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