system allows touch screen control of a schedule log to arrange and edit a schedule of audio orvideo events for playback.4.
Pursuant to 35 U.S.C.
282, the ‘324 patent is presumed valid.5.
By assignment, Plaintiff is the owner of the ‘324 patent and at all relevant timeshas had the right to enforce the ‘324 patent.
JURISDICTION AND VENUE
This action arises under the patent laws of the United States, Title 35 of theUnited States Code, particularly §§ 271 and 281. This Court has jurisdiction over the claim forpatent infringement under 28 U.S.C. § 1338(a).7.
Venue is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) and 1400(b).8.
Vizio, upon information and belief, transacts business in this district by making,using, selling or offering to sell methods and systems as described and claimed in the ‘324 patentand/or conducting other business in this judicial district sufficient to render it subject to jurisdiction in this district.
CLAIM FOR PATENT INFRINGEMENT
Upon information and belief, Vizio manufactures, makes, has made, markets,sells and/or uses products that infringe one or more claims in the ‘324 patent.10.
On information and belief, Vizio has directly infringed at least claim 1 of the ‘324patent and continues to infringe the ‘324 patent by its manufacture, use, sale, importation and/oroffer for sale of its touch-screen controlled tablets that include a media player and the ability toupdate a playlist of music, including but not limited to the VTAB1008 8” touchscreen tablet.11.
By making, using, selling and offering to sell the aforementioned systems, Viziohas been and continues to infringe the ‘324 patent.