SmartPhone Technologies v. LG Electronics et. al.
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00197: SmartPhone Technologies LLC v. LG Electronics, Inc. et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7Jd for more info.
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION
SMARTPHONE TECHNOLOGIES LLC, Plaintiff, v. LG ELECTRONICS, INC., LG ELECTRONICS USA, INC., AT&T, INC. and AT&T MOBILITY LLC, Defendants.
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Case No.: 6:13-cv-197
JURY TRIAL DEMANDED
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which plaintiff, SmartPhone Technologies LLC (“SmartPhone”), complains against defendants, LG Electronics, Inc., LG Electronics USA, Inc. (together “LG”), AT&T, Inc. (“AT&T”) and AT&T Mobility LLC (“ATTM”), as follows: THE PARTIES 1. SmartPhone is a Texas limited liability company with its principal place of
business at 2400 Dallas Parkway, Suite 200, Planco, Texas 75093. 2. On information and belief, LG Electronics, Inc. is a Korean corporation with a
principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, Korea and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to the complaint. LG Electronics, Inc. may be served in accordance with the terms of the Hague Convention
06033746
and/or any other applicable method of service on a foreign corporation at its principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, Korea. 3. On information and belief, LG Electronics USA, Inc. is a Delaware
corporation with a principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to the complaint. LG Electronics USA, Inc.’s registered agent for service of process in Texas is United States Corporation Co., 211 E. 7th Street, Suite 620, Austin, Texas 78701. 4. On information and belief, AT&T, Inc. is a Delaware corporation with its
principal place of business at 208 Akard Street, Dallas, Texas 75202 and regularly does business throughout this judicial district. AT&T’s registered agent for service of process in Texas is CT Corporation Systems, 350 N. St. Paul St., Dallas, Texas 75201. 5. On information and belief, ATTM is a Delaware corporation with its principal
place of business at 1025 Lenox Park Blvd. NE, Atlanta, Georgia 30319 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. ATTM’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. JURISDICTION AND VENUE 6. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 7. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
1400(b). On information and belief, each defendant has purposely transacted business in this
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judicial district and has committed acts of joint, direct and/or indirect infringement in this judicial district. 8. On information and belief, each defendant is subject to this Court’s specific
and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial business in this forum, including: (A) at least part of their infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in others persistent causes of conduct, and/or deriving substantial revenue from goods and services provided to persons and other entities in Texas and this judicial district. COUNT I (INFRINGEMENT OF U.S. PATENT NO. 7,076,275) 9. SmartPhone is the exclusive licensee of United States patent number
7,076,275, entitled “Method And System For Single-Step Enablement Of Telephony Functionality For A Portable Computer System” (“the ‘275 patent”) with ownership of all substantial rights in the ‘275 patent, including the right exclude other s and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘275 patent is attached as Exhibit A. 10. On information and belief, LG is jointly, directly and/or indirectly infringing at
least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including, without limitation, Android smartphones and tablets, such as LG’s Vortex, Optimus (including, but not limited, to C, G, L9, M, M+, Q, S, T, U, V, 1, 2, Plus, Regard, Slider and Zip versions), Optimus Pad (WiFi and cellular versions), Motion, Intuition, Connect, Elite, Spirit, Apex, Phoenix, G2x, Thrive, Revolution, DoublePlay, Nexus, Venice, Mach, Escape, Esteem, Genesis, Thrill, Marquee,
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Enlighten, myTouch, myTouchQ, Ignite, Nitro, Spectrum, Lucid, Slate and Viper products (together “Accused Devices”). LG and users of the Accused Devices have at a minimum directly infringed the ‘275 patent and LG is thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271. LG has caused damage to SmartPhone, which infringement and damage will continue unless and until LG is enjoined. 11. On information and belief, AT&T and ATTM are jointly, directly and/or
indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation one or more of the Accused Devices. AT&T and ATTM have at a minimum directly infringed the ‘275 patent and are thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined. 12. The infringement by each defendant identified in this Count has caused
irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction is warranted and such a remedy would be in the public interest. COUNT II (INFRINGEMENT OF U.S. PATENT NO. RE. 40,459) 13. SmartPhone is the exclusive licensee of United States reissue patent number
40,459, entitled “Method And Apparatus For Communicating Information Over Low Bandwidth Communications Networks” (“the ‘459 patent”) with ownership of all substantial rights in the ‘459 patent, including the right to exclude other s and to sue and recover damages
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for the past and future infringement thereof. A true and correct copy of the ‘459 patent is attached as Exhibit B. 14. On information and belief, LG is jointly, directly and/or indirectly infringing at
least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including, without limitation, Android smartphones and tablets, such as LG’s Vortex, Optimus (including, but not limited, to C, G, L9, M, M+, Q, S, T, U, V, 1, 2, Plus, Regard, Slider and Zip versions), Motion, Intuition, Connect, Elite, Spirit, Apex, Phoenix, G2x, Thrive, Revolution, DoublePlay, Nexus, Venice, Mach, Escape, Esteem, Genesis, Thrill, Marquee, Enlighten, myTouch, myTouchQ, Ignite, Nitro, Spectrum, Lucid, Slate and Viper products (together “Accused Devices”). LG and users of the Accused Devices have at a minimum directly infringed the ‘459 patent and LG is thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271. LG has caused damage to SmartPhone, which infringement and damage will continue unless and until LG is enjoined. 15. On information and belief, AT&T and ATTM are jointly, directly and/or
indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation one or more of the Accused Devices. AT&T and ATTM have at a minimum directly infringed the ‘459 patent and are thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined.
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The infringement by each defendant identified in this Count has caused
irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction is warranted and such a remedy would be in the public interest. PRAYER FOR RELIEF Wherefore, SmartPhone respectfully requests that this Court enter: A. A judgment in favor of SmartPhone that each defendant has infringed the ‘275
and ‘459 patents as aforesaid; B. A permanent injunction enjoining each defendant, its officers, directors,
agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others acting in active concert or privity therewith from direct, indirect and/or joint infringement of the ‘275 and ‘459 patents as aforesaid pursuant to 35 U.S.C. § 283; C. A judgment and order requiring each defendant to pay SmartPhone its damages
with pre- and post-judgment interest thereon pursuant to 35 U.S.C. § 284; D. Any and all further relief to which the Court may deem SmartPhone entitled. DEMAND FOR JURY TRIAL SmartPhone requests a trial by jury on all issues so triable by right pursuant to Fed. R. Civ. P. 38.
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Respectfully submitted, SMARTPHONE TECHNOLOGIES LLC
Dated: February 25, 2013
/s/ Paul J. Hayes w/permission Claire Henry Paul J. Hayes Dean G. Bostock Paul J. Cronin James C. Hall HAYES BOSTOCK & CRONIN LLC 300 Brickstone Square, 9th Floor Andover, MA 01810 Tel: (978) 809-3850 Fax: (978) 809-3869 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] T. John Ward, Jr. Texas State Bar No. 00794818 J. Wesley Hill Texas State Bar No. 24032294 Claire Abernathy Henry Texas State Bar No. 24053063 WARD & SMITH LAW FIRM 1127 Judson Rd., Ste. 220 Longview, TX 75605 Tel: (903) 757-6400 Fax: (903) 757-2323 Email: [email protected] Email: [email protected] Email: [email protected] ATTORNEYS FOR PLAINTIFF SMARTPHONE TECHNOLOGIES, INC.
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SMARTPHONE TECHNOLOGIES LLC, Plaintiff, v. LG ELECTRONICS, INC., LG ELECTRONICS USA, INC., AT&T, INC. and AT&T MOBILITY LLC, Defendants.
) ) ) ) ) ) ) ) ) ) ) ) )
Case No.: 6:13-cv-197
JURY TRIAL DEMANDED
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which plaintiff, SmartPhone Technologies LLC (“SmartPhone”), complains against defendants, LG Electronics, Inc., LG Electronics USA, Inc. (together “LG”), AT&T, Inc. (“AT&T”) and AT&T Mobility LLC (“ATTM”), as follows: THE PARTIES 1. SmartPhone is a Texas limited liability company with its principal place of
business at 2400 Dallas Parkway, Suite 200, Planco, Texas 75093. 2. On information and belief, LG Electronics, Inc. is a Korean corporation with a
principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, Korea and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to the complaint. LG Electronics, Inc. may be served in accordance with the terms of the Hague Convention
06033746
and/or any other applicable method of service on a foreign corporation at its principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, Korea. 3. On information and belief, LG Electronics USA, Inc. is a Delaware
corporation with a principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to the complaint. LG Electronics USA, Inc.’s registered agent for service of process in Texas is United States Corporation Co., 211 E. 7th Street, Suite 620, Austin, Texas 78701. 4. On information and belief, AT&T, Inc. is a Delaware corporation with its
principal place of business at 208 Akard Street, Dallas, Texas 75202 and regularly does business throughout this judicial district. AT&T’s registered agent for service of process in Texas is CT Corporation Systems, 350 N. St. Paul St., Dallas, Texas 75201. 5. On information and belief, ATTM is a Delaware corporation with its principal
place of business at 1025 Lenox Park Blvd. NE, Atlanta, Georgia 30319 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. ATTM’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. JURISDICTION AND VENUE 6. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 7. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
1400(b). On information and belief, each defendant has purposely transacted business in this
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judicial district and has committed acts of joint, direct and/or indirect infringement in this judicial district. 8. On information and belief, each defendant is subject to this Court’s specific
and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial business in this forum, including: (A) at least part of their infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in others persistent causes of conduct, and/or deriving substantial revenue from goods and services provided to persons and other entities in Texas and this judicial district. COUNT I (INFRINGEMENT OF U.S. PATENT NO. 7,076,275) 9. SmartPhone is the exclusive licensee of United States patent number
7,076,275, entitled “Method And System For Single-Step Enablement Of Telephony Functionality For A Portable Computer System” (“the ‘275 patent”) with ownership of all substantial rights in the ‘275 patent, including the right exclude other s and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘275 patent is attached as Exhibit A. 10. On information and belief, LG is jointly, directly and/or indirectly infringing at
least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including, without limitation, Android smartphones and tablets, such as LG’s Vortex, Optimus (including, but not limited, to C, G, L9, M, M+, Q, S, T, U, V, 1, 2, Plus, Regard, Slider and Zip versions), Optimus Pad (WiFi and cellular versions), Motion, Intuition, Connect, Elite, Spirit, Apex, Phoenix, G2x, Thrive, Revolution, DoublePlay, Nexus, Venice, Mach, Escape, Esteem, Genesis, Thrill, Marquee,
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Enlighten, myTouch, myTouchQ, Ignite, Nitro, Spectrum, Lucid, Slate and Viper products (together “Accused Devices”). LG and users of the Accused Devices have at a minimum directly infringed the ‘275 patent and LG is thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271. LG has caused damage to SmartPhone, which infringement and damage will continue unless and until LG is enjoined. 11. On information and belief, AT&T and ATTM are jointly, directly and/or
indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation one or more of the Accused Devices. AT&T and ATTM have at a minimum directly infringed the ‘275 patent and are thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined. 12. The infringement by each defendant identified in this Count has caused
irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction is warranted and such a remedy would be in the public interest. COUNT II (INFRINGEMENT OF U.S. PATENT NO. RE. 40,459) 13. SmartPhone is the exclusive licensee of United States reissue patent number
40,459, entitled “Method And Apparatus For Communicating Information Over Low Bandwidth Communications Networks” (“the ‘459 patent”) with ownership of all substantial rights in the ‘459 patent, including the right to exclude other s and to sue and recover damages
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for the past and future infringement thereof. A true and correct copy of the ‘459 patent is attached as Exhibit B. 14. On information and belief, LG is jointly, directly and/or indirectly infringing at
least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including, without limitation, Android smartphones and tablets, such as LG’s Vortex, Optimus (including, but not limited, to C, G, L9, M, M+, Q, S, T, U, V, 1, 2, Plus, Regard, Slider and Zip versions), Motion, Intuition, Connect, Elite, Spirit, Apex, Phoenix, G2x, Thrive, Revolution, DoublePlay, Nexus, Venice, Mach, Escape, Esteem, Genesis, Thrill, Marquee, Enlighten, myTouch, myTouchQ, Ignite, Nitro, Spectrum, Lucid, Slate and Viper products (together “Accused Devices”). LG and users of the Accused Devices have at a minimum directly infringed the ‘459 patent and LG is thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271. LG has caused damage to SmartPhone, which infringement and damage will continue unless and until LG is enjoined. 15. On information and belief, AT&T and ATTM are jointly, directly and/or
indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation one or more of the Accused Devices. AT&T and ATTM have at a minimum directly infringed the ‘459 patent and are thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined.
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16.
The infringement by each defendant identified in this Count has caused
irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction is warranted and such a remedy would be in the public interest. PRAYER FOR RELIEF Wherefore, SmartPhone respectfully requests that this Court enter: A. A judgment in favor of SmartPhone that each defendant has infringed the ‘275
and ‘459 patents as aforesaid; B. A permanent injunction enjoining each defendant, its officers, directors,
agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others acting in active concert or privity therewith from direct, indirect and/or joint infringement of the ‘275 and ‘459 patents as aforesaid pursuant to 35 U.S.C. § 283; C. A judgment and order requiring each defendant to pay SmartPhone its damages
with pre- and post-judgment interest thereon pursuant to 35 U.S.C. § 284; D. Any and all further relief to which the Court may deem SmartPhone entitled. DEMAND FOR JURY TRIAL SmartPhone requests a trial by jury on all issues so triable by right pursuant to Fed. R. Civ. P. 38.
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Respectfully submitted, SMARTPHONE TECHNOLOGIES LLC
Dated: February 25, 2013
/s/ Paul J. Hayes w/permission Claire Henry Paul J. Hayes Dean G. Bostock Paul J. Cronin James C. Hall HAYES BOSTOCK & CRONIN LLC 300 Brickstone Square, 9th Floor Andover, MA 01810 Tel: (978) 809-3850 Fax: (978) 809-3869 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] T. John Ward, Jr. Texas State Bar No. 00794818 J. Wesley Hill Texas State Bar No. 24032294 Claire Abernathy Henry Texas State Bar No. 24053063 WARD & SMITH LAW FIRM 1127 Judson Rd., Ste. 220 Longview, TX 75605 Tel: (903) 757-6400 Fax: (903) 757-2323 Email: [email protected] Email: [email protected] Email: [email protected] ATTORNEYS FOR PLAINTIFF SMARTPHONE TECHNOLOGIES, INC.
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