Development Innovation Group v. Nokia et. al

8/4/2019 Development Innovation Group v. Nokia et. al.

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3279-002 110915 Complaint.doc

COMPLAINT; AND DEMAND FOR JURY TRIAL

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RUSS AUGUST & KABATMarc A. Fenster, State Bar No. 181067Email: [email protected] Y. Lee, State Bar No. 213625Email: [email protected] Floor12424 Wilshire Boulevard

Los Angeles, California 90025Telephone: 310.826.7474Facsimile: 310.826.6991

Attorneys for PlaintiffDevelopment Innovation Group, LLC

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

Development Innovation Group, LLC,

Plaintiff,

v.

1. Nokia Inc.;2. Personal Communications

Devices, LLC;

3. Personal CommunicationsDevices Holdings, LLC;

4. Pantech Wireless, Inc.;5. Cellco Partnership d/b/a Verizon

Wireless;

6. AT&T Mobility, LLC;7. Sprint Spectrum L.P.;8. T-Mobile USA, Inc.;9. Cricket Communications, Inc.;10. Leap Wireless International, Inc.11. Virgin Mobile USA, L.P.;12. United States Cellular

Corporation;

Case No.

COMPLAINT; ANDDEMAND FOR JURY TRIAL

'11 CV2150 NLSDMS


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13. MetroPCS Wireless, Inc.;14. TracFone Wireless, Inc.;15. Boost Mobile, LLC;16. Samsung Telecommunications

America, Inc.;

17. Samsung TelecommunicationsAmerica LLC;

18. Research In Motion Corporation;19. Motorola Mobility, Inc.;20. HTC America, Inc.;21. Sharp Electronics Corporation;22. UTStarcom, Inc.23. Hewlett-Packard Company;24. Sony Ericsson Mobile

Communications (USA), Inc.;

25. Futurewei Technologies, Inc. dbaHuawei;

26. ZTE (USA) Inc.;27. Kyocera Wireless Corp.; and28. Sanyo North America

Corporation,

Defendants.


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Plaintiff Development Innovation Group, LLC, (DIG) alleges as follows:

PARTIES

1. Development Innovation Group, LLC is a Delaware limited liabilitycompany with a principal place of business at 10755 Scripps Poway Pkwy, San

Diego, California 92131.

2. On information and belief, defendant Nokia Inc. (Nokia) is aDelaware corporation with its principal place of business at 6000 Connection

Drive, #18-931, Irving, Texas 75039. Nokia has appointed National Registe

Agents, Inc., 160 Greentree Drive, Suite 101, Dover, Delaware 19904, as its agen

for service of process.

3. On information and belief, defendant Personal CommunicationDevices LLC is a limited liability company organized and existing under the law

of the State of Delaware, with its principal place of business at 555 Wireless Blvd.

Hauppage, New York 11788.

4. Defendant Personal Communications Devices Holdings, LLC, oninformation and belief, is a wholly-owned subsidiary of defendant Persona

Communications Devices LLC and is a limited liability company organized andexisting under the laws of the State of Delaware, with its principal place of

business at 555 Wireless Blvd., Hauppage, New York 11788.

5. Defendant Personal Communications Devices LLC and defendanPersonal Communications Devices Holdings, LLC will be referred to herein

individually and collectively as the PCD Defendants. On information and belief

PCD Defendants have appointed California Civil Process, Inc., 1510 Merkley

Avenue, Suite Five, West Sacramento, California 95691, as their agent for service

of process.

6. On information and belief, defendant Pantech Wireless, Inc(Pantech) is a Georgia corporation with its principal place of business located a


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3279-002 110915 Complaint.doc 2


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5607 Glenridge Drive, Suite 500, Atlanta, Georgia 30342. Pantech has appointed

Kathleen Elizabeth Jones, Secretary, Pantech Wireless, Inc., 5607 Glenridge Drive

Suite 500, Atlanta, Georgia 30342, as its agent for service of process.

7. On information and belief, defendant, Cellco Partnership, doingbusiness as Verizon Wireless (Verizon), is a Delaware general partnership with

its principal place of business at 1 Verizon Way, Basking Ridge, New Jersey

07920-1025. Verizon has appointed The Corporation Trust Company, Corporatio

Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent fo

service of process.

8. On information and belief, defendant AT&T Mobility, LLC(AT&T), formerly named Cingular Wireless, LLC, is a Delaware limited

liability company and a wholly-owned subsidiary of AT&T, Inc., with its principa

place of business at 5565 Glenridge Connector, Atlanta, Georgia 30342. AT&

has appointed The Corporation Trust Company, Corporation Trust Center 120

Orange Street, Wilmington, Delaware 19801, as its agent for service of process.

9. On information and belief, defendant Sprint Spectrum L.P. (Sprintis a Delaware limited partnership with its principal place of business at 2001Edmund Halley Drive, Reston, Virginia 20191. Sprint has appointed Corporation

Service Company, 2711 Centerville, Road, Suite 400, Wilmington, Delaware

19808, as its agent for service of process.

10. On information and belief, defendant T-Mobile USA, Inc. (TMobile) is a Delaware corporation, with its principal place of business at 12920

SE 38th Street, Bellevue, Washington 98006. T-Mobile has appointed Corporation

Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware

19808, as its agent for service of process.

11. On information and belief, defendant Cricket Communications, Inc(Cricket) is a Delaware corporation, with its principal place of business at 10307


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3279-002 110915 Complaint.doc 3


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Pacific Center Court, San Diego, California 92121. Cricket has appointed

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington

Delaware 19808, as its agent for service of process.

12. On information and belief, defendant Leap Wireless International, Inc(Leap) is a Delaware corporation, with its principal place of business at 5887

Copley Drive, San Diego, CA 92111. Leap has appointed The Prentice-Hal

Corporation System, Inc., 2711 Centerville Road, Suite 400, Wilmington


13. On information and belief, defendant Virgin Mobile USA, L.P(Virgin) is a Delaware limited partnership, with its principal place of business a

10 Independence Boulevard, Warren, New Jersey 07059. Virgin has appointed

Corporation Service Company, 2711 Centerville, Road, Suite 400, Wilmington


14. On information and belief, defendant United States CellulaCorporation (U.S. Cellular) is a Delaware corporation, with its principal place o

business at 8410 West Bryn Mawr, Suite 700, Chicago, Illinois 60631. U.S

Cellular has appointed The Prentice-Hall Corporation System, Inc., 2711Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for servic

of process.

15. On information and belief, defendant MetroPCS Wireless, Inc(MetroPCS) is a Delaware corporation with its principal place of business a

8144 Walnut Hill Lane, Suite 800, Dallas, Texas 75231. MetroPCS has appointed

The Prentice-Hall Corporation System, Inc., 2711 Centerville Road, Suite 400

Wilmington, Delaware 19808, as its agent for service of process.

16. On information and belief, defendant TracFone Wireless, Inc(TracFone) is a Delaware corporation, with its principal place of business a

9700 NW 112th Avenue, Medley, Florida 33178. TracFone has appointed


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3279-002 110915 Complaint.doc 4


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Corporate Creations Network Inc., 2411 Silverside Road Rodney Building, No

104, Wilmington, Delaware 19810, as its agent for service of process.

17. On information and belief, defendant Boost Mobile, LLC (BoosMobile) is a Delaware limited liability company, with its principal place o

business at 6200 Spring Parkway, Overland Park, Kansas 66251. Boost h

appointed Corporation Service Company, 2711 Centerville Road, Suite 400


18. On information and belief, defendant Samsung TelecommunicationAmerica, Inc. is a Delaware corporation with its principal place of business at 130

Lookout Drive, Richardson, Texas 75082.

19. On information and belief, defendant Samsung TelecommunicationAmerica, LLC is a Delaware limited liability company with its principal place o

business at 1301 Lookout Drive, Richardson, Texas 75082.

20. Defendant Samsung Telecommunications America, Inc. anddefendant Samsung Telecommunications America, LLC will be referred to herein

individually and collectively as the Samsung. On information and belief

Samsung has appointed Corporation Service Company, 2711 Centerville RoadSuite 400, Wilmington, Delaware 19808, as its agent for service of process.

21. On information and belief, defendant Research In Motion Corporation(RIM) is a Delaware corporation, with its principal place of business at 122 Wes

John Carpenter Parkway, Suite 430, Irving, Texas 75039. RIM has appointed Th

California Trust Company, Corporation Trust Center, 1209 Orange Street


22. On information and belief, defendant Motorola Mobility, Inc(Motorola) is a Delaware corporation with its principal place of business at 600

North U.S. Highway 45, Libertyville, Illinois 60048. Motorola has appointed Th


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3279-002 110915 Complaint.doc 5


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Corporation Trust Company, Corporation Trust Center, 1209 Orange Street


23. On information and belief, defendant HTC America, Inc. (HTC) is aWashington corporation with its principal place of business at 13920 SE Eastgate

Way, Suite 400, Bellevue, Washington 98005. HTC has appointed Nationa

Registered Agents, Inc., 1780 Barnes Blvd. SW, Tumwater, Washington 98512, a

its agent for service of process.

24. On information and belief, defendant Sharp Electronics Corporation(Sharp) is a New York corporation with a principal place of business at 1 Sharp

Plaza, Mahwah, New Jersey 07495. Sharp has appointed C T Corporation System

111 8th Avenue, New York, New York 10011, as its agent for service of process.

25. On information and belief, defendant UTStarcom, Inc. (UTStarcomis a Delaware corporation with a principal place of business at 1275 Harbor Bay

Parkway, Suite 100, Alameda, California 94502. UTStarcom has appointed Jame

Lee, 1275 Harbor Bay Parkway, Alameda, California 94502, as its agent fo

service of process.

26.

On information and belief, defendant Hewlett-Packard Company(HP) is a California corporation with its principal place of business at 3000

Hanover Street, Palo Alto, California, 94304. HP has appointed CT Corporation

System, 818 West Seventh Street, Los Angeles, California 90017, as its agent fo

service of process.

27. On information and belief, defendant Sony Ericsson MobileCommunications (USA), Inc. (Sony Ericsson) is a Delaware corporation, with its

principal place of business located at 7001 Development Drive, Research Triangl

Park, North Carolina, 27709. Sony Ericsson has appointed Capital Services Inc

1675 South State Street, Suite B, Dover, Delaware 19901, as its agent for service

of process.


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3279-002 110915 Complaint.doc 6


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28. On information and belief, defendant Futurewei Technologies, Incdba Huawei (Huawei) is a Texas corporation with its principal place of business

at 1700 Alma Drive, Suite 100, Plano, Texas 75075. Huawei has appointed Th

California Trust Company, Corporation Trust Center, 1209 Orange Street


29. On information and belief, defendant ZTE (USA) Inc. is a New Jerseycorporation with its principal place of business at 2425 N. Central Expressway

Richardson, Texas 75080. ZTE has appointed Lixin Cheng, 33 Wood Avenu

South, 2nd Floor, Iselin, New Jersey 08830, as its agent for service of process.

30. On information and belief, defendant Kyocera Wireless Corp(Kyocera) is a Delaware corporation with its principal place of business at 10300

Campus Point Drive, San Diego, California, 92121-1511. Kyocera has appointed

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington


31. On information and belief, defendant Sanyo North AmericaCorporation, (Sanyo) is a Delaware corporation, with its principal place o

business at 2055 Sanyo Avenue, San Diego, California, 92154. Sanyo happointed Corporation Service Company, 2711 Centerville Road, Suite 400


32. Defendants Verizon, AT&T, Sprint, T-Mobile, Cricket, Leap, VirginMobile, U.S. Cellular, MetroPCS, TracFone, and Boost Mobile are hereinafte

collectively referred to as Communications Handset Carriers.

33. Defendants Nokia, PCD Defendants, Pantech, Samsung, RIMMotorola, HTC, Sharp, UTStarcom, HP, Sony Ericsson, Huawei, ZTE, Kyocera

and Sanyo are hereinafter collectively referred to as Communications Handse

Manufacturers.


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3279-002 110915 Complaint.doc 8


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40. Unless a permanent injunction is issued enjoining each defendant andits agents, servants, employees, attorneys, representatives, affiliates, and all others

acting on its behalf from infringing the 245 patent, DIG will suffer irreparable

harm.

COUNT II

(Infringement of U.S. Patent No. 6,278,887)

41. DIG is the owner by assignment of United States Patent No6,278,887 (the 887 patent), entitled System and Method for Powe

Conservation in a Wireless Communication Handset. The 887 patent issued on

August 21, 2001. A true and correct copy of the 887 patent is attached hereto a

Exhibit B.

42. Each of the Communications Handset Carriers has infringed and stilis infringing the 887 patent, literally and under the doctrine of equivalents, by

making, using, selling, offering to sell, or importing mobile communication

devices.

43. Each of the Communications Handset Manufacturer has infringed andstill is infringing the 887 patent, literally and under the doctrine of equivalents, bymaking, using, selling, offering to sell, or importing mobile communication

devices.

44. As a result of each defendants infringement of the 887 patent, DIGhas suffered monetary damages in an amount not yet determined, and will continue

to suffer damages in the future unless each defendants infringing activities ar

enjoined by this Court.



harm.


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3279-002 110915 Complaint.doc 9


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COUNT III

(Infringement of U.S. Patent No. 6,212,408)

46. DIG is the owner by assignment of United States Patent No6,212,408 (the 408 patent), entitled Voice Command System and Method.

The 408 patent issued on April 3, 2001. A true and correct copy of the 40

patent is attached hereto as Exhibit C.

47. Each of the Communications Handset Carriers has infringed and stilis infringing the 408 patent, literally and under the doctrine of equivalents, by


devices.

48. Each of the Communications Handset Manufacturer has infringed andstill is infringing the 408 patent, literally and under the doctrine of equivalents, by


devices.

49. As a result of each defendants infringement of the 408 patent, DIGhas suffered monetary damages in an amount not yet determined, and will continue

to suffer damages in the future unless each defendants infringing activities arenjoined by this Court.



harm.

PRAYER FOR RELIEF

DIG prays for the following relief:

1. A judgment that each defendant has infringed the 245 patent;2. A permanent injunction enjoining each defendant and its officers

directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries


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parents, and all others acting in concert or privity with it from infringing the 24

patent;

3. An accounting for damages arising from the infringement of the 245patent by each defendant and all those in privity with it, including loss of marke

share;



parents, and all others acting in concert or privity with it from infringing the 88

patent;


share;



parents, and all others acting in concert or privity with it from infringing the 40patent;


share;

10. An award of damages resulting from each defendant's acts oinfringement in accordance with 35 U.S.C. 284;

11. A judgment and order finding that this is an exceptional case withinthe meaning of 35 U.S.C. 285 and awarding to DIG its reasonable attorneys fee

against each defendant;


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12. A judgment and order requiring defendants to provide an accountingand to pay supplemental damages to DIG, including without limitation, pre

judgment and post-judgment interest; and

13. Any and all other relief to which DIG may show itself to be entitled.DATED: September 15, 2011 Respectfully submitted,

RUSS AUGUST & KABAT

Marc A. Fenster

Irene Y. Lee

By:/s/ Marc A. Fenster

Marc A. Fenster

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintif

Development Innovation Group, LLC demands a trial by jury on all issues so

triable.

DATED: September 15, 2011 Respectfully submitted,

RUSS AUGUST & KABAT

Marc A. Fenster

Irene Y. Lee

By:/s/ Marc A. Fenster

Marc A. Fenster


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Documents

Development Innovation Group v. Nokia et. al