Adrain v. Sony Computer Entertainment America et. al

8/13/2019 Adrain v. Sony Computer Entertainment America et. al.

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

JOHN B. ADRAIN,

laintiff

Case No.

vs. JURY TRIAL DEMANDED

SONY COMPUTER ENTERTAINMENTAMERICA INC., and SONY COMPUTERENTERTAINMENT AMERICA LLC,

efendants

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff John B. Adrain Adrain ) brings this action against Defendants Sony Computer

Entertainment America Inc. SCEA Inc. ) and Sony Computer Entertainment AmericaLLC SCEA

LLC ) and alleges:

THE PARTIES

Adrain is the inventor of and owns the entire right, title, and interest in the patent at

issue in this case.

2 On information and belief, SCEA Inc. is a corporation organized and existing under

the laws of Delaware, with its principal place of business located at 919 East Hillsdale Boulevard,

Foster City, California, 94404-2112. SCEA Inc. can be served with process through its registered

agent, Corporation Service Company d/b/a CSC - Lawyers Incorporating Service Company, 211

East 7th Street, Suite 620, Austin, Texas 78701-3218.


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On information and belief, SCEA LLC is a limited liability company organized and

existing under the laws of Delaware, with its principal place of business located at 2207 Bridgepointe

Parkway, Foster City, California, 94404-5060. SCEA LLC can be served with process through its

registered agent, Corporation Service Company d/b/a CSC - Lawyers Incorporating Service

Company, 211 East 7th Street, Suite 620, Austin, Texas 78701-3218.

On information and belief SCEA LLC is a wholly-owned subsidiary of SCEA Inc.

SCEA LLC and SCEA Inc. are referred to collectively herein as Sony.

JURISDICTION AND VENUE

5. This is an action for patent infringement arising under the provisions of the Patent

Laws of the United States of America, Title 35, United States Code.

6. Subject-matter jurisdiction over Adrain s claims is conferred upon this Court by 28

US.C. 1331 and 1338(a).

7. On information and belief, Sony has operated, conducted, engaged in, and/or carried

on business in the state of Texas.

8. Venue is proper in this judicial district under 28 U.S.C. 1391(b) (c) and (d), and/or

1400(b).

PATENT INFRINGEMENT

9. On November 3, 1998, US. Patent No. 5,831,669, entitled Facility Monitoring

System with Image Memory and Correlation was duly and legally issued to the inventor, John B.

Adrain. A Reexamination Certificate for US. Patent 5,831,669 issued on August 21,2012. A true

and correct copy of US. Patent 5,831,669 with the Reexamination Certificate is attached hereto as

Exhibit A. (US. Patent 5,831,669 and the Reexamination Certificate are collectively referred to as

COMPLAINT FOR PATENT INFRINGEMENT Page -2-


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the 669 patent. ) Adrain owns all right, title and interest in the 669 patent, including the right to

sue for and recover all past, present and future damages for infringement of the 669 patent.

1 The 669 patent is presumed valid.

11 Upon information and belief, Sony, either alone or in conjunction with others, has in

the past and continues to infringe and/or induce infringement of the 669 patent by making, using,

selling, offering to sell, and/or importing, and/or causing others to make, use, sell, or offer to sell,

and/or import, in this judicial district and/or elsewhere in the United States, PlayStation 4 consoles

and PlayStation 4 cameras (collectively Sony s System ) that alone or in use are covered by one or

more of the claims of the 669 patent.

12 For example, Sony makes, uses, sells, offers to sell and/or imports Sony s System to

monitor a space and that is capable of facial recognition.

13 Consumers purchase and use Sony s System and are instructed by Sony to use

methods that infringe one or more claims of the 669 patent.

14 Consumers of Sony s System are able to store images of their faces and thereafter

Sony s System is able to recognize their faces.

15 Sony provides instructions, such as a User s Guide located at

http://manuals.playstation.net/document/enlps4/, that instruct consumers on how to set up and use

Sony s System in an infringing manner, specifically intending such consumers will operate these

devices as instructed, and knowing of such actions, which constitutes infringement of one or more

claims of the 669 patent.

16 Sony has been and/or is now indirectly infringing one or more claims of the 669

patent in violation of35 U.S.C. 271(b) by inducing consumers of Sony s System to directly infringe

COMPLAINT FOR PATENT INFRINGEMENT Page


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one or more claims of the 669 patent through their use of Sony s System such as through use of

facial recognition in a monitored space.

17. For example Sony induces direct infringement of the 669 patent by providing a

User s Guide and instructions with Sony s System that show users how to register their faces with the

Sony s System.

18. Sony also advertizes and/or publicizes the facial recognition features of Sony s

System.

19. Sony engages in such inducement knowingly and at least from the time of receipt of

the present Complaint has done so with knowledge that such activity encourages consumers of

Sony s System to directly infringe the 669 patent.

20. Sony is liable for infringement of the 669 patent pursuant to 35 U.S.C. 271.

21. Sony s acts of infringement have caused damage to Adrain and Adrain is entitled to

recover from Sony the damages sustained by Adrain as a result of Sony s wrongful acts in an amount

subject to proof at trial.

22. As a consequence of the infringement complained of herein Adrain has been

irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by

such acts in the future unless Sony is enjoined by this Court from committing further acts of

infringement.

PR YER FOR RELIEF

WHEREFORE Adrain prays for entry of judgment that:

A. Sony has directly infringed and/or induced infringement of the 669 patent;

B. Sony accounts for and pays to Adrain all damages caused by its infringement of the

669 patent;



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C. Adrain be granted permanent injunctive relief pursuant to 35 U.S.C. 283 enjoining

Sony and its officers, agents, servants, employees and those persons in active concert or participation

with it from further acts of patent infringement;

D Adrain be granted pre-judgment and post-judgment interest on the damages caused to

him by reason of Sony s patent infringement;

E Adrain be granted his reasonable attorneys fees in accordance with 35 U.S.C. 285;

F Costs be awarded to Adrain; and,

Adrain be granted such other and further relief as the Court may deem just and proper

under the circumstances.

DEM ND FOR JURY TRI L

Adrain demands trial by jury on all claims and issues so triable.

Respectfully submitted,

Dated: December 13, 2013 By: s Elizabeth L. DeRieuxJohn T. PolasekTexas Bar. No. [email protected]. Dale QuisenberryTexas Bar No. [email protected] S. DavidTexas Bar No. [email protected], QUISENBERRY ERRINGTON, L.L.P.

6750 West Loop South, Suite 920Bellaire, Texas 77401Telephone: 832) 778-6000Facsimile: 832) 778-6010

Otis W. CarrollState Bar No. [email protected] RaceState Bar No. [email protected]



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COMPLAINT FOR PATENT INFRINGEMENT

IRELAND,CARROLL KELLEY,P. C6101 S. Broadway, Suite 500P.O. Box 7879Tyler, Texas 75711Telephone: 903 561-1600

Facsimile: 903 581-1071

S. Calvin CapshawState Bar No. [email protected] L. DeRieuxState Bar No. [email protected]. Jeffrey RambinState Bar No. [email protected]

CAPSHAWDERIEUX,LLP114 East Commerce AvenueGladewater, Texas 75647Telephone: 903 236-9800Facsimile: 903 236-8787

Russell R. SmithState Bar No. [email protected], Price, Haley, Smith, L.L.P.1801 North StreetNacogdoches, Texas 75963-1668Telephone: 936 569-2327Facsimile: 936 569-7932

ttorneys for laintiff

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Adrain v. Sony Computer Entertainment America et. al