CEIVA V Amazon

Case 2:19-cv-09129 Document 1 Filed 10/23/19 Page 1 of 17 Page ID #:1
1 MUNCK WILSON MANDALA, LLP

Gary A. Hecker (State Bar No. 099008)
2 1925 Century Park East, Suite 2300
Los Angeles, California 90067
3 Tel: (310) 286-0377
Email: ghecker@munckwilson.com
4
Jamil N. Alibhai (pro hac vice pending)
5 Texas State Bar No. 00793248
12770 Coit Road, Suite 600
6 Dallas, Texas 75251
Tel: (972) 628-3600
7 Fax: (972) 628-3616
Email: jalibhai@munckwilson.com
8
Attorneys for Plaintiff
9 Ceiva Logic, Inc.
10
11 IN THE UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
1925 Century Park East, Suite 2300
13
MUNCK WILSON MANDALA
14
CEIVA LOGIC, INC., a Delaware Civil Action No. 2:19-cv-09129
15 corporation,
16 Plaintiff,
COMPLAINT FOR PATENT
17 v. INFRINGEMENT
18 AMAZON.COM, INC., a DEMAND FOR JURY TRIAL
Delaware corporation,
19
Defendant.
20
21
22
23
24
25
26
27
28
COMPLAINT
1 Plaintiff Ceiva Logic, Inc. (“Plaintiff” or “Ceiva”) files this Complaint for
2 Patent Infringement against Defendant Amazon.com, Inc. (“Defendant” or “Amazon”)
3 and alleges as follows:
4 PARTIES
5 1. Plaintiff Ceiva Logic, Inc. is a Delaware corporation with its principal
6 place of business at 214 E. Magnolia Blvd., Burbank, CA 91502.
7 2. Defendant Amazon.com, Inc. is a Delaware corporation with a principal
8 place of business at 410 Terry Ave. North, Seattle, WA 98109. Amazon maintains
9 regular and established places of business in this judicial district at 923 Westwood
10 Blvd., Los Angeles, CA 90024, 1620 26th St., Santa Monica, CA 90404, and 40
11 Pacifica Ave., Irvine, CA 92618, among others.
12 JURISDICTION AND VENUE
13 3. This is an action for patent infringement under 35 U.S.C. §§ 271.

14 4. This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331

15 and 1338(a) because this is a civil action for patent infringement under the patent laws
16 of the United States.
17 5. Ceiva resides in this judicial district.
18 6. This court has personal jurisdiction over Amazon because Amazon
19 maintains established places of business in this judicial district and committed acts of
20 infringement in this district.
21 7. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b)
22 because Amazon has committed acts of infringement and maintains regular and
23 established places of business in this district.
24 CEIVA AND CEIVA’S PATENTS
25 8. Plaintiff Ceiva is a technology company that pioneered the network-
26 connected smart display (“Ceiva Display”) nearly 20 years ago.
27 9. Beginning in 2000, Ceiva began manufacturing and selling the Ceiva
28 Display and providing an Internet-based service that automatically sent content
-1-
COMPLAINT
1 including image data (such as digital photos) and software updates to the Ceiva
2 Displays.
3 10. Amazon was so impressed and excited by Ceiva’s innovative product and
4 service that Amazon published the first ever national print advertisement for the Ceiva
5 Display. On March 30, 2000, Amazon took out a nearly full-page ad in the Wall
6 Street Journal, which lauded the Ceiva Display as:
7 “The world's first Internet-connected picture frame meets Uncle
8 Frank’s toupe. Receive photos of family and friends over the
9 internet without a computer.”
10 11. Around that same time, Jeff Bezos, the President and founder of Amazon,
11 (“Bezos”) publicly expressed his personal enthusiasm and admiration for the Ceiva
12 Display on national television and personally encouraged consumers to buy it. During
a live interview on CNN in 2000, Bezos stated: “By the way, I would encourage all
13
14 of your viewers to buy the CEIVA picture frame. It’s really great!” Bezos also
15 purchased multiple Ceiva Displays for his own family members.
16 12. Bezos recognized that the technology incorporated in the Ceiva Display
17 and Ceiva.com web service was groundbreaking, and that they used the Internet in a
18 way that had not been done previously.
19 13. Bezos wanted to be able to tout Amazon as being different and special in
20 selling what Bezos viewed as the coolest products.
21 14. Bezos wrote a letter directed to the first 100,000 Amazon.com shoppers
22 touting the Ceiva Display as a “remarkable device”.
23 15. Bezos described those first 100,000 Amazon.com shoppers as “pioneers”
24 and wrote that he immediately thought of them when he heard about the Ceiva
25 Display.
26 16. Bezos boasted that Amazon was the exclusive retailer of the Ceiva
27 Display stating that Amazon.com is “the only retailer--online or off--who carries it”,
28 and encouraged Amazon.com shoppers to buy the Ceiva Display.
-2-
COMPLAINT
1 17. Bezos also invited purchasers of the Ceiva Display to encourage their
2 friends and family to store their digital photos at the purchaser’s Ceiva account at
3 www.ceiva.com so those digital photos would be displayed on the Ceiva Display.
4 18. Other industry luminaries also recognized that the Ceiva Display and
5 Ceiva.com web service were innovative. For example, during his TED talk in
6 February 2003, Seth Godin, author of the book “Purple Cow”, described how the
7 Ceiva Display and the Ceiva.com web service allow him to share photos with his
8 parents, stating: “And this picture frame has a cord going out the back, and you plug it
9 into the wall. My father has this [Ceiva Display] on his desk and he sees his
10 grandchildren every day, [with pictures] changing constantly”.
11 19. Ceiva filed its first United States patent application relating to its network
12 connected smart display technology on December 10, 1999 entitled Method and
Apparatus for Distributing Picture Mail to a Frame Device Community, Serial No.
13
14 09/458,849, (“the ‘849 Application”).
15 20. Four United States patents covering inventions disclosed in the ‘849
16 Application have issued to date. Two of those patents are asserted against Defendant
17 in this action, namely, US Patent No. 6,442,573 (“the ‘573 Patent”) and US Patent No.
18 9,654,562 (“the ‘562 Patent”).1
19 21. The ‘573 Patent issued on August 27, 2002. An Inter Partes Re-
20 examination Certificate for the ‘573 Patent issued on April 18, 2014. A copy of the
21 ‘573 Patent including its Inter Partes Reexamination Certificate is attached as Exhibit
22 1.
23 22. The ‘562 Patent issued on May 16, 2017. A copy of the ‘562 Patent is
24
25
26 1
The other two Ceiva US patents are not presently asserted in this action. They are
27 US Patent No. 9,124,656 and US Patent No. 9,203,930.
28
-3-
COMPLAINT
1 attached as Exhibit 2.
2 23. Ceiva is the assignee of record for both the ‘573 and ‘562 patents.
3 24. The ‘573 and ‘562 patents are valid and in full force and effect.
4 25. Ceiva properly marked the Ceiva Displays that it sold covered by at least
5 one claim of the ‘573 patent with the ‘573 patent number in accordance with the
6 patent marking statute, 35 U.S.C. § 287.
7 26. Ceiva has not sold smart displays covered by any claim of the ‘562
8 patent.
9 27. On November 22, 2018, Ceiva’s attorneys sent Amazon a letter giving
10 Amazon actual notice of Amazon’s infringement of the ‘562 patent and demanding
11 that Amazon stop its infringement.
12 28. Ceiva’s notice letter to Amazon included a copy of the ‘562 patent and a
13 claim chart showing an example of how Amazon infringes claim 1 of the ‘562 patent.
14 29. On November 27, 2018, Amazon acknowledged receipt of Ceiva’s notice

15 letter.
16 30. Amazon received actual notice of Ceiva’s patent rights in the ‘562 patent
17 at least as early as November 22, 2018 but has continued to act in conscious and
18 willful disregard of those rights after receiving such actual notice.
19 31. According to information on Amazon’s website, Amazon began offering
20 Ceiva’s smart displays marked with the ‘573 patent number for sale on the
21 Amazon.com website at least as early as February 10, 2003.
22 32. Amazon has had actual and constructive notice of Ceiva’s patent rights in
23 the ‘573 patent at least as early as February 10, 2003 but has continued to act in
24 conscious and willful disregard of those rights after receiving such actual notice.
25 FIRST CAUSE OF ACTION
26 DIRECT INFRINGEMENT OF U.S. PATENT NO. 9,654,562
27 33. Ceiva incorporates by reference paragraphs 1–26 as though fully set forth
28 herein.
-4-
COMPLAINT
1 34. Amazon directly infringes the ‘562 patent by making (including by

2 distributing software updates to previously sold non-infringing products), importing,
3 offering for sale, selling and using Amazon-branded products covered by at least one
4 claim of the ‘562 patent without authorization of Plaintiff. Amazon continues to
5 directly infringe the ‘562 patent after sale of the infringing Amazon-branded products
6 to a customer by using the infringing Amazon-branded products to display advertising
7 and sell content to the purchasing customer.
8 35. Amazon also directly infringes at least one claim of the ‘562 patent by
9 offering for sale and selling third party products covered by the ‘562 patent without
10 authorization of Plaintiff.
11 36. Amazon-branded products made, imported, offered for sale, sold and
12 used by Amazon of which Ceiva is currently aware that directly infringe at least one
13 claim of the ‘562 patent include at least the following products and product families:
14 a. Amazon’s Echo Show smart display products, including the Echo Show,
15 the Echo Show 5 and Echo Show 8 (each an “Echo Show”).
16 b. Amazon’s Fire tablet products, including the Fire 7, Fire 8, Fire HD 6,
17 Fire HD 8, Fire HD 10, Fire HDX 7 and Fire HDX 8.9 (each an “Amazon Fire”).
18 c. Amazon’s Kindle e-book reader products, including the Kindle Touch,
19 Kindle 5, Kindle 9, Kindle Paperwhite, Kindle 7, Kindle Voyage and Kindle Oasis,
20 (each an “Amazon Kindle”).
21 37. The Echo Show directly infringes at least claims 1, 2, 3, 4, 6, 7, 9, 10, 11,
22 12, 15, 18 and 20 of the ‘562 patent.
23 a. The Echo Show is an apparatus for displaying content comprising image
24 data (such as photos and videos) received from the Amazon server system via a
25 communications network (i.e. the Internet) on the Echo Show’s display screen.
26 b. The Echo Show has a display screen.
27 c. The Echo Show has a central processing unit (“CPU”).
28 d. The Echo Show has a video controller connected between the CPU and
-5-
COMPLAINT
1 the display screen that is configured to control the display of content on the display
2 screen.
3 e. The Echo Show has a WiFi network interface that is configured to
4 communicate with the Amazon server system via the communications network (i.e.
5 the Internet).
6 f. The Echo Show has a memory that stores a unique identifier of the Echo
7 Show, such as the Echo Show’s serial number.
8 g. The memory of the Echo Show stores computer readable instructions in
9 the form of operating software for the Echo Show that is different from the content
10 displayed on the Echo Show’s display screen.
11 h. The memory of the Echo Show stores a version identifier for the
12 computer readable instructions, such as the operating software version.
13 i. The computer readable instructions stored in the memory of the Echo

14 Show include instructions for causing the Echo Show, upon powering up and
15 connecting to a Wi-Fi network, to initiate a communications session with Amazon’s
16 server system, for example for checking the registration status of the Echo Show.
17 j. The computer readable instructions stored in the memory of the Echo
18 Show include instructions for causing the Echo Show to send its unique identifier to
19 the Amazon server system, for example when checking the registration status of the
20 Echo Show.
21 k. The computer readable instructions stored in the memory of the Echo
22 Show apparatus include instructions for causing the Echo Show apparatus to send the
23 version number of its operating software to Amazon’s server system.
24 l. The computer readable instructions stored in the memory of the Echo
25 Show include instructions for causing the Echo Show to prompt the user of the Echo
26 Show to create an account on the Amazon server system.
27 m. The computer readable instructions stored in the memory of the Echo
28 Show include instructions for causing the Echo Show to receive updated computer
-6-
COMPLAINT
1 readable instructions for controlling the operation of the Echo Show (“software
2 updates”) from Amazon’s server system.
3 n. The computer readable instructions stored in the memory of the Echo
4 Show include instructions for causing the Echo Show to update the current version of
5 the computer readable instructions in its memory with the updated computer readable
6 instructions it has downloaded.
7 o. The computer readable instructions stored in the memory of the Echo
8 Show include instructions for causing the Echo Show to receive updated content, such
9 as photos and videos, from the Amazon server system.
10 p. The computer readable instructions stored in the memory of the Echo
11 Show include instructions for causing the Echo Show to display the received content
12 on the display screen.
13 q. Image data received by the Echo Show from the Amazon server system
14 includes still image data.

15 r. Image data received by the Echo Show from the Amazon server system
16 includes video feeds.
17 s. The computer readable instructions stored in the memory of the Echo
18 Show include instructions for causing the Echo Show to receive location information
19 of the Echo Show from the Amazon server system.
20 t. Content received by the Echo Show includes content provided by a
21 content provider, such as, for example, Reuters.
22 u. The Echo Show has an LCD display.
23 v. The communications network that the Echo Show uses to communicate
24 with the Amazon server system is the Internet.
25 w. The computer readable instructions stored in the memory of the Echo
26 Show include instructions for causing the Echo Show to send its unique identifier,
27 software version, and MAC Address, to the Amazon server system.
28 x. The computer readable instructions stored in the memory of the Echo
-7-
COMPLAINT
1 Show include instructions for causing the Echo Show to receive location information
2 of the Echo Show from the Amazon server system.
3 y. Data sent by the Echo Show to the Amazon server system includes
4 information about the Echo Show, such as its unique identifier, software version, and
5 MAC Address.
6 z. The computer readable instructions stored in the memory of the Echo
7 Show include instructions for changing settings of the Echo Show.
8 aa. The software updates received by the Echo Show from the Amazon
9 server system add new features to the Echo Show.
10 38. The Amazon Fire directly infringes at least claims 1, 2, 3, 6, 7, 9, 10, 11,
11 15, 18 and 20 of the ‘562 patent.
12 a. The Amazon Fire is an apparatus for displaying content comprising
13 image data (such as photos and videos) received from the Amazon server system via a
14 communications network (i.e. the Internet) on the Amazon Fire’s display screen.
15 b. The Amazon Fire apparatus has a display screen.
16 c. The Amazon Fire has a CPU.
17 d. The Amazon Fire has a video controller connected between the CPU and
18 the display screen that is configured to control the display of content on the display
19 screen.
20 e. The Amazon Fire has a WiFi network interface that is configured to
22 the Internet).
23 f. The Amazon Fire has a memory that stores a unique identifier of the
24 Amazon Fire, such as the Amazon Fire’s serial number.
25 g. The memory of the Amazon Fire stores computer readable instructions in
26 the form of operating software for the Amazon Fire that is different from the content
27 displayed on the Amazon Fire’s display screen.
28 h. The memory of the Amazon Fire stores a version identifier for the
-8-
COMPLAINT

2 i. The computer readable instructions stored in the memory of the Amazon
3 Fire include instructions for causing the Amazon Fire, upon powering up and
5 server system, for example for checking for software updates for the Amazon Fire.
6 j. The computer readable instructions stored in the memory of the Amazon
7 Fire include instructions for causing the Amazon Fire to send its unique identifier to
8 the Amazon server system.
9 k. The computer readable instructions stored in the memory of the Amazon
10 Fire include instructions for causing the Amazon Fire to send the version number of
11 its operating software to Amazon’s server system.
12 l. The computer readable instructions stored in the memory of the Amazon
13 Fire include instructions for causing the Amazon Fire to prompt the user of the
14 Amazon Fire to create an account on the Amazon server system.

15 m. The computer readable instructions stored in the memory of the Amazon
16 Fire include instructions for causing the Amazon Fire to receive updated computer
17 readable instructions for controlling the operation of the Amazon Fire (“software
18 updates”) from Amazon’s server system.
19 n. The computer readable instructions stored in the memory of the Amazon
20 Fire include instructions for causing the Amazon Fire to update the current version of
21 the computer readable instructions in its memory with the updated computer readable
22 instructions it has downloaded.
23 o. The computer readable instructions stored in the memory of the Amazon
24 Fire include instructions for causing the Amazon Fire to receive updated content, such
25 as photos and videos, from the Amazon server system.
26 p. The computer readable instructions stored in the memory of the Amazon
27 Fire include instructions for causing the Amazon Fire to display the received content
28 on the display screen.
-9-
COMPLAINT
1 q. Image data received by the Amazon Fire from the Amazon server system
2 includes still image data.
3 r. Image data received by the Amazon Fire from the Amazon server system
4 includes video feeds.
5 s. Content received by the Amazon Fire includes content provided by a
6 content provider, such as, for example, Reuters.
7 t. The Amazon Fire has an LCD display.
8 u. The communications network that the Amazon Fire uses to communicate
9 with the Amazon server system is the Internet.
10 v. Data sent by the Amazon Fire to the Amazon server system includes
11 information about the Amazon Fire, such as the software version, serial number, and
12 MAC Address of the Amazon Fire.
13 w. The computer readable instructions stored in the memory of the Amazon

14 Fire include instructions for changing settings of the Amazon Fire

15 x. The software updates received by the Amazon Fire from the Amazon
16 server system include instructions to add new features to the Amazon Fire.
17 39. The Amazon Kindle directly infringes at least claims 1, 2, 6, 9, 10, 11,
18 12, 15, 18 and 20 of the ‘562 patent.
19 a. The Amazon Kindle is an apparatus for displaying content including
20 image data (such as photos and other digital images) received from the Amazon server
21 system via a communications network (i.e. the Internet) on the Amazon Kindle’s
22 display screen
23 b. The Amazon Kindle has a display screen.
24 c. The Amazon Kindle has a CPU.
25 d. The Amazon Kindle has a video controller connected between the CPU
26 and the display screen that is configured to control the display of content on the
27 display screen.
28 e. The Amazon Kindle has a WiFi network interface that is configured to
-10-
COMPLAINT
2 the Internet).
3 f. The Amazon Kindle has a memory that stores a unique identifier of the
4 Amazon Kindle, such as a serial number.
5 g. The memory of the Amazon Kindle stores computer readable instructions
6 in the form of operating software for the device that is different from the content
7 displayed on the Amazon Kindle’s display screen.
8 h. The memory of the Amazon Kindle stores a version identifier for the
10 i. The computer readable instructions stored in the memory of the Amazon
11 Kindle include instructions for causing the Amazon Kindle, upon powering up and
13 server system, for example for checking for software updates for the Amazon Kindle.
14 j. The computer readable instructions stored in the memory of the Amazon

15 Kindle include instructions for causing the Amazon Kindle to send its unique
16 identifier to the Amazon server system.
17 k. The computer readable instructions stored in the memory of the Amazon
18 Kindle include instructions for causing the Amazon Kindle to send the version
19 number of its operating software to Amazon’s server system.
20 l. The computer readable instructions stored in the memory of the Amazon
21 Kindle include instructions for causing the Amazon Kindle to prompt the user of the
22 Amazon Kindle to create an account on the Amazon server system.
23 m. The computer readable instructions stored in the memory of the Amazon
24 Kindle include instructions for causing the Amazon Kindle to receive updated
25 computer readable instructions for controlling the operation of the Amazon Kindle
26 (“software updates”) from Amazon’s server system.
27 n. The computer readable instructions stored in the memory of the Amazon
28 Kindle include instructions for causing the Amazon Kindle to update the current
-11-
COMPLAINT
1 version of the computer readable instructions in its memory with the updated
2 computer readable instructions it has downloaded.
3 o. The computer readable instructions stored in the memory of the Amazon
4 Kindle include instructions for causing the Amazon Kindle to receive updated content,
5 such as photos and other digital images, from the Amazon server system.
6 p. The computer readable instructions stored in the memory of the Amazon
7 Kindle include instructions for causing the Amazon Kindle to display the received
8 content on the display screen.
9 q. Image data received by the Amazon Kindle from the Amazon server
10 system includes still image data.
11 r. The Amazon Kindle has an LCD display.
12 s. The communications network that the Amazon Kindle uses to
13 communicate with the Amazon server system is the Internet.

14 t. The computer readable instructions stored in the memory of the Amazon

15 Kindle include instructions for causing the Amazon Kindle to receive a name for the
16 Amazon Kindle from the Amazon server system.
17 u. Data sent by the Amazon Kindle to the Amazon server system includes
18 information about the Amazon Kindle such as information about the settings of the
19 Amazon Kindle.
20 v. The computer readable instructions stored in the memory of the Amazon
21 Kindle include instructions for changing settings of the Amazon Kindle
22 w. The software updates received by the Amazon Kindle from the Amazon
23 server system include instructions to add new features to the Amazon Kindle.
24 SECOND CAUSE OF ACTION
25 DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,442,573
26 40. Ceiva incorporates by reference paragraphs 1–33 as though fully set forth
27 herein.
28 41. Amazon directly infringes at least one claim of the ‘573 patent by making
-12-
COMPLAINT
1 (including by distributing software updates to previously sold non-infringing systems)

2 and using systems for distributing image data covered by the ‘573 patent without
3 authorization of Plaintiff.
4 42. Systems for distributing image data of which Ceiva is currently aware
5 that directly infringe the ‘573 patent that are made and used by Amazon include at
6 least the following:
7 a. Each Echo Show and the Amazon server system it communicates with
8 (each an “Echo Show System”).
9 b. Each Amazon Fire and the Amazon server system it communicates with
10 (each an “Amazon Fire System”).
11 43. The Echo Show System systems made and used by Amazon directly
12 infringe at least claim 19 of the ‘573 patent.
13 a. The Echo Show in combination with Amazon’s server system forms a

14 system for distributing image data.

15 b. The Echo Show is a digital picture frame.
16 c. The Echo Show includes memory and operating system software located
17 in the Echo Show.
18 d. The Echo Show is configured to operate according to preferences, such
19 as playlists, defined by the user.
20 e. The Echo Show has a border region (bezel) configured to resemble a
21 picture frame designed to circumscribe printed photographs.
22 f. The Amazon server system provides a user interface that is coupled to the
23 Amazon server system via a network (i.e. the Internet) and that is physically separable
24 from the Echo Show (it is accessible from a computer that is physically separate from
25 the Echo Show) and that is configured to obtain image data and playlists from the user
26 and provide the image data and playlists to the Amazon server system.
27 g. The Amazon server system is coupled to the Echo Show via the network
28 (i.e. the Internet).
-13-
COMPLAINT
1 h. The Amazon server system is configured to periodically relay the image

2 data and playlists to the Echo Show when the Echo Show automatically issues a
3 request for the image data.
4 i. The Echo Show is configured to obtain updates for its operating system
5 software from the Amazon server system.
6 44. The Amazon Fire Systems made and used by Amazon directly infringe at
7 least claim 19 of the ‘573 patent.
8 a. The Amazon Fire in combination with Amazon’s server system forms a
9 system for distributing image data.
10 b. The Amazon Fire is a digital picture frame.
11 c. The Amazon Fire includes memory and operating system software
12 located in the Amazon Fire.
13 d. The Amazon Fire is configured to operate according to preferences, such

14 as playlists,defined by the user.

15 e. The Amazon Fire has a border region (bezel) configured to resemble a
16 picture frame designed to circumscribe printed photographs.
17 f. The Amazon server system provides a user interface that is coupled to the
18 Amazon server system via a network (i.e. the Internet) and that is physically separable
19 from the Amazon Fire (it is accessible from a computer that is physically separate
20 from the Amazon Fire) and that is configured to obtain image data and playlists from
21 the user and provide the image data and playlists to the Amazon server system.
22 g. The Amazon server system is coupled to the Amazon Fire via the
23 network (i.e. the Internet).
24 h. The Amazon server system is configured to periodically relay the image
25 data and playlists to the Amazon Fire when the Amazon Fire automatically issues a
26 request for the image data.
27 i. The Amazon Fire is configured to obtain updates for its operating system
28 software from the Amazon server system.
-14-
COMPLAINT
1 DEMAND FOR RELIEF

2 WHEREFORE, Plaintiff asks this Court to:
3 a. Enter judgment for Ceiva and against Amazon on each of the counts of
4 this Complaint;
5 b. Award compensatory damages to Ceiva and to increase those damages
6 three times in accordance with 35 U.S.C. § 284;
7 c. Declare that this case is exceptional and award Ceiva reasonable
8 attorneys’ fees and expenses in accordance with 35 U.S.C. § 285;
9 d. Award Ceiva pre-judgment and post-judgment interest and costs; and
10 e. Award Ceiva such other and further relief as is just and proper.
11 DEMAND FOR JURY TRIAL
12 Ceiva hereby demands a trial by jury of all issues so triable.
13
14
Respectfully submitted,
15
16 Dated: October 23, 2019 MUNCK WILSON MANDALA, LLP
17 By: /s/ Gary A. Hecker

Gary A. Hecker, Esq.
18 Jamil N. Alibhai, Esq.
19 Attorneys for Plaintiff
Ceiva Logic, Inc.
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-15-
COMPLAINT
1 EXHIBIT LIST
2 Exhibit 1: United States Patent No. 6,442,573 incl. Inter Partes Reexamination
3 Certificate
4 Exhibit 2: United States Patent No. 9,654,562
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-16-
COMPLAINT

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Case 2:19-cv-09129 Document 1 Filed 10/23/19 Page 1 of 17 Page ID #:1

1 MUNCK WILSON MANDALA, LLP

Los Angeles, California 90067

13 3. This is an action for patent infringement under 35 U.S.C. §§ 271.

Los Angeles, California 90067

14 4. This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331

Los Angeles, California 90067

15 purchased multiple Ceiva Displays for his own family members.

18 way that had not been done previously.

20 selling what Bezos viewed as the coolest products.

22 touting the Ceiva Display as a “remarkable device”.

23 15. Bezos described those first 100,000 Amazon.com shoppers as “pioneers”

3 www.ceiva.com so those digital photos would be displayed on the Ceiva Display.

10 grandchildren every day, [with pictures] changing constantly”.

Los Angeles, California 90067

14 09/458,849, (“the ‘849 Application”).

Los Angeles, California 90067

14 29. On November 27, 2018, Amazon acknowledged receipt of Ceiva’s notice

1 34. Amazon directly infringes the ‘562 patent by making (including by

Los Angeles, California 90067

13 i. The computer readable instructions stored in the memory of the Echo

Los Angeles, California 90067

Los Angeles, California 90067

14 includes still image data.

Los Angeles, California 90067

1 computer readable instructions, such as the operating software version.

Los Angeles, California 90067

14 Amazon Fire to create an account on the Amazon server system.

13 w. The computer readable instructions stored in the memory of the Amazon

Los Angeles, California 90067

14 Fire include instructions for changing settings of the Amazon Fire

Los Angeles, California 90067

14 j. The computer readable instructions stored in the memory of the Amazon

13 communicate with the Amazon server system is the Internet.

Los Angeles, California 90067

14 t. The computer readable instructions stored in the memory of the Amazon

1 (including by distributing software updates to previously sold non-infringing systems)

13 a. The Echo Show in combination with Amazon’s server system forms a

Los Angeles, California 90067

14 system for distributing image data.

1 h. The Amazon server system is configured to periodically relay the image

13 d. The Amazon Fire is configured to operate according to preferences, such

Los Angeles, California 90067

14 as playlists,defined by the user.

1 DEMAND FOR RELIEF

Los Angeles, California 90067

17 By: /s/ Gary A. Hecker

Los Angeles, California 90067

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