911 Notify v. Carshield Services
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PriorSmart911 Notify v. Carshield Services
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PriorSmartIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
911 NOTIFY, LLC,
Plaintiff,
v.
CARSHIELD SERVICES INC.,
Defendant.
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C.A. No. _____________
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which Plaintiff 911 Notify, LLC (911
Notify) makes the following allegations against Defendant CarShield Services Inc.
(Defendant):
PARTIES
1.
911 Notify, LLC is a Delaware limited liability company with a registered address
of 903 S. College Ave., Box 275, Newark, Delaware 19715.
2.
On information and belief, Defendant is a California corporation with a principal
place of business at 1180 Miraloma Way, Suite C, Sunnyvale, CA 94085. Defendant may be
served with process under the Delaware long arm statute, 10 Del. C. 3104. Defendant has
appointed Anayis B. Khourouzian, 1085 Tasman Drive, SPC 51, Sunnyvale, CA 94089, as its
agent for service of process.
JURISDICTION AND VENUE
3.
This action arises under the patent laws of the United States, 35 U.S.C. 1, et
seq., including 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331
and 1338(a).
4.
This Court has personal jurisdiction over Defendant because, on information and
belief, Defendant has, among other things, done business in this District, has committed and
continues to commit acts of patent infringement in this District, and has harmed and continues to
harm 911 Notify in this District, by, among other things, using, selling, offering for sale, and
importing infringing products and services in this District.
5.
Venue is proper in this District under 28 U.S.C. 1391(b)-(d) and 1400(b)
because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
committed and continues to commit acts of patent infringement in this District. On information
and belief, for example, Defendant has used, sold, offered for sale, and imported infringing
products in this District.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 6,775,356
6.
911 Notify is the owner by assignment of United States Patent No. 6,775,356 to
Angelo Salvucci, Don E. Reich, Kurt E. Warner, and William C. Cook, (the 356 Patent),
entitled Real-Time Incident and Response Information Messaging in a System for the
Automatic Notification that an Emergency Call has Occurred from a Telecommunication
Device. The application for the 356 Patent was filed on September 27, 2001, and is a
continuation-in-part of United States Patent Application No. 09/712,660, filed on November 30,
2000. The 356 Patent issued on August 10, 2004. A true and correct copy of the 356 Patent is
attached as Exhibit A.
7.
Defendant has infringed and is still infringing the 356 Patent, in this judicial
District and elsewhere in the United States, by, among other things, making, using, importing,
offering for sale, and/or selling products and services that embody the patented inventions, and
will continue to do so unless enjoined by this Court. For example, Defendants CarShield
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system includes functionality that provides notification to identified parties that an emergency
call to an emergency service has been made from a subscriber. Under certain circumstances,
Defendants CarShield system notifies an emergency service provider, and discloses to
emergency services real-time data, such as monitoring data, which is collected between the time
of the emergency call and the initiation of a response. In addition, upon receiving the emergency
notification, the system may fetch a subscriber record, containing indicia corresponding to
identified parties from a subscriber database, and activate a message response system that
initiates notification of the identified parties, including, for example, emergency services,
relatives or neighbors.
8.
By engaging in the conduct described herein, Defendant has injured 911 Notify
and is thus liable for infringement of the 356 Patent pursuant to 35 U.S.C. 271.
9.
Defendant has committed these acts of infringement without license or
authorization.
10.
As a result of Defendants infringement of the 356 Patent, 911 Notify has
suffered monetary damages and is entitled to a money judgment in an amount adequate to
compensate for Defendants infringement, but in no event less than a reasonable royalty for the
use made of the invention by Defendant, together with interest and costs as fixed by the Court.
11.
911 Notify has also suffered and will continue to suffer severe and irreparable
harm unless this Court enjoins Defendant, its agents, servants, employees, representatives, and
all others acting in active concert therewith from infringing the 356 Patent.
PRAYER FOR RELIEF
911 Notify respectfully requests that this Court enter:
A.
A judgment in favor of 911 Notify that Defendant has infringed the 356 Patent;
B.
A permanent injunction enjoining Defendant and its officers, directors, agents,
servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringement of the 356 Patent, or such other equitable relief the
Court determines is warranted;
C.
A judgment and order requiring Defendant to pay 911 Notify its damages, costs,
expenses, and prejudgment and post-judgment interest for Defendants infringement of the 356
Patent as provided under 35 U.S.C. 284;
D.
A judgment and order finding that this is an exceptional case within the meaning
of 35 U.S.C. 285 and awarding to 911 Notify its reasonable attorneys fees against Defendant;
E.
A judgment and order requiring Defendant to provide an accounting and to pay
supplemental damages to 911 Notify, including without limitation, pre-judgment and postjudgment interest; and
F.
Any and all other relief to which 911 Notify may be entitled.
DEMAND FOR JURY TRIAL
911 Notify, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury
of any issues so triable by right.
Dated: January 21, 2014
BAYARD, P.A.
OF COUNSEL:
/s/ Stephen B. Brauerman
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
Sara E. Bussiere (sb5725)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
(302) 655-5000
[email protected]
[email protected]
[email protected]
[email protected]
Benjamin T. Wang
Marc A. Fenster
RUSS, AUGUST & KABAT
12424 Wilshire Boulevard 12th Floor
Los Angeles, California 90025
(310) 826-7474
[email protected]
[email protected]
