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R. Parrish Freeman (Utah State Bar No. 7529; Email: [email protected]) Rachel Jacques (Utah State Bar No. 13250; Email: [email protected])
MASCHOFF BRENNAN 1389 Center Drive, Suite 300
Park City, Utah 84098
Telephone: (435) 252-1360
Facsimile: (435) 252-1361
Attorneys for Plaintiff
Wilson Electronics, LLC
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
Wilson Electronics, LLC, a Delaware limited
liability company,
Plaintiff,
v.
CellPhone-Mate, Inc., a California corporation,
Defendant.
Civil Action No. 2:14-cv-00548-PMW
COMPLAINT FOR PATENT
INFRINGEMENT
Magistrate Paul M. Warner
(JURY TRIAL DEMANDED)
For its complaint against defendant CellPhone-Mate, Inc. (“Defendant” or “CellPhone-
Mate”), plaintiff Wilson Electronics, LLC (“Plaintiff” or “Wilson”) hereby as follows:
PARTIES
1. Wilson is a limited liability company organized and existing under the laws of the
State of Delaware, with its principal place of business located at 3301 East Deseret Drive, Saint
George, Utah 84790.
Case 2:14-cv-00548-PMW Document 2 Filed 07/28/14 Page 1 of 5
2
2. Upon information and belief, Defendant is a corporation organized and existing
under the laws of the State of California, with its principal place of business located at 48346
Milmont Drive, Fremont, California 94538.
JURISDICTION
3. This is a civil action for patent infringement brought by Wilson for acts
committed by Defendant arising under the patent laws of the United States, 35 U.S.C. § 1 et seq.
4. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.
§§ 1331 and 1338(a).
5. Upon information and belief, Defendant has sold or contracted for the sale of
infringing goods within the State of Utah or induced others to sell or contract for the sale of
infringing goods within the State of Utah. These actions by Defendant have resulted in injury to
Wilson and relate to, and in part give rise to, the claims asserted herein.
6. This Court’s exercise of personal jurisdiction over Defendant is consistent with
the Constitutions of the United States and the State of Utah. Moreover, this Court has personal
jurisdiction over Defendant pursuant to the Utah Long Arm Statute, Utah Code Ann. § 78B-3-
205.
7. Pursuant to 28 U.S.C. § 1391(c), Defendant is deemed to reside in this judicial
district for purposes of venue.
8. Venue is proper in this judicial district pursuant to, at least, 28 U.S.C. §§
1391(b)(1), 1391(b)(2), and 1400(b).
Case 2:14-cv-00548-PMW Document 2 Filed 07/28/14 Page 2 of 5
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FIRST CLAIM FOR RELIEF
(Infringement of the D694,735 Patent)
9. Wilson hereby incorporates the allegations of the preceding paragraphs 1 through
8 of this Complaint into this First Claim for Relief as though fully set forth herein.
10. United States Design Patent Nos. D694,735 (the “’735 Patent”) titled “Amplifier
Case with Moderate Flanges” issued from the United States Patent and Trademark Office
(“USPTO”) on December 3, 2013. (A true and correct copy of the ’735 Patent is attached hereto
as Exhibit 1.)
11. Wilson is the owner of all right, title, and interest in and to the ’735 Patent,
including the right to sue for and recover all past, present, and future damages for infringement
of the ’735 Patent, and to enjoin acts of infringement of the ’735 Patent.
12. Neither Wilson nor any authorized third party has licensed or otherwise
authorized Defendant to practice the ’735 Patent.
13. Defendant has made, used, offered to sell, sold, and/or imported into the United
States, and still is making, using, offering to sell, selling, and/or importing into the United States
several products having a design that infringes Wilson’s ’735 Patent, without Wilson’s
authorization. Such products include, but are not necessarily limited to, the “Flex2Go” 3G cell
phone signal booster kit for vehicles.
14. Wilson has been irreparably harmed and will continue to be irreparably harmed
by Defendant’s infringement of the ’735 Patent unless Defendant is enjoined by this Court from
committing further acts of infringement of the ’735 Patent.
Case 2:14-cv-00548-PMW Document 2 Filed 07/28/14 Page 3 of 5
4
PRAYER FOR RELIEF
WHEREFORE, Wilson prays for entry of a final order and judgment that:
1. Defendant has infringed the ’735 Patent;
2. Defendant account for and pay to Wilson all damages caused by its infringement
of the ’735 Patent and a trebling of damages for willful infringement under 35 U.S.C. § 284, or
an award of Defendant’s profits from its infringement pursuant to 35 U.S.C. § 289, whichever is
greater;
3. Wilson be granted permanent injunctive relief pursuant to 35 U.S.C. § 283
enjoining Defendant, its officers, agents, servants, employees, and all those persons in active
concert or participation with them from further acts of patent infringement;
4. Wilson be granted pre-judgment and post-judgment interest on the damages
caused to it by reason of Defendant’s infringement of the ’735 Patent;
5. The Court declare this an exceptional case and that Wilson be granted its
reasonable attorneys’ fees in accordance with 35 U.S.C. § 285;
6. Costs be awarded to Wilson; and
7. Wilson be granted such other and further relief as the Court may deem just and
proper under the circumstances.
Case 2:14-cv-00548-PMW Document 2 Filed 07/28/14 Page 4 of 5
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DEMAND FOR JURY TRIAL
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Wilson demands trial by
jury on all claims and issues so triable.
DATED: July 28, 2014 MASCHOFF BRENNAN
By: /s/ R. Parrish Freeman
C.J. Veverka
R. Parrish Freeman
Rachel Jacques
Attorneys for Wilson Electronics, LLC
Case 2:14-cv-00548-PMW Document 2 Filed 07/28/14 Page 5 of 5
EXHIBIT A
Case 2:14-cv-00548-PMW Document 2-1 Filed 07/28/14 Page 1 of 5
USO0D694735S
(12) United States Design Patent (10) Patent N0.: US D694,735 S Wilson (45) Date of Patent: 11* Dec. 3, 2013
(54) AMPLIFIER CASE WITH MODERATE D415,493 S * 10/1999 Shieber ...................... .. D14/188 FLANGES D428,006 S * 7/2000 Sagues et a1. D14/356
D446,204 S * 8/2001 Smith .... .. D14/188
_ . . D449,288 S * 10/2001 Sogabe . D14/188 (75) Inventor. James W. WlISOIl, Sa1nt George, UT 13482673 S * 11/2003 Shindo D14/l88
(US) D5l3,247 s * 12/2005 Matsuoka .................. .. Dl4/l88 D563,403 S * 3/2008 Files .......................... .. D14/265
(73) Assignee: Wilson Electronics, Inc., Saint George, D565,02l S * 3/2008 Wilson .......... .. Dl4/l88 UT (Us) D610,125 S * 2/2010 Ichikawaet a1. D14/188
D656,120 S * 3/2012 Sasaki ........ .. D14/188 *
(**) Term: 14 Years D665,377 S 8/2012 Endo et a1. ................. .. D14/188
* cited by examiner (21) Appl.N0.: 29/428,070
Primary Examiner * Keli L Hill
(22) Flledi Jlll- 25: 2012 (74) Attorney, Agent, or Firm * Leon D. Rosen
(51) LOC (9) Cl. ................................................ .. 14-03
(52) US. Cl. (57) CLAIM USPC ....................................................... .. D14/188 The Ornamental design for ampli?er Case With moderate
(58) Field of Classi?cation Search ?anges, as Shown and described
D400,206 S * 10/1998 Mahgerefteh D14/188 D415,l57 S * 10/1999 Rabbani ..................... .. Dl4/l88 1 Claim,3 Drawing Sheets
Case 2:14-cv-00548-PMW Document 2-1 Filed 07/28/14 Page 2 of 5
US. Patent Dec. 3, 2013 Sheet 1 of3 US D694,735 S
Case 2:14-cv-00548-PMW Document 2-1 Filed 07/28/14 Page 3 of 5
US. Patent Dec. 3, 2013 Sheet 2 of3 US D694,735 S
:Qi’i 2
ii.
H51 3
Case 2:14-cv-00548-PMW Document 2-1 Filed 07/28/14 Page 4 of 5
US. Patent Dec. 3, 2013 Sheet 3 of3 US D694,735 S
Case 2:14-cv-00548-PMW Document 2-1 Filed 07/28/14 Page 5 of 5
JS 44 (Rev. 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE !NSTRUCT!ONS ON KEXT PAGE OF TH!S FORM.)
I. (a) PLAINTIFFS
Wilson Electronics, LLC. a Delaware limited liability company
(b) County of Residence of First Listed Plaintiff Washington (EXCEPT IN U.S PLAINTIFF CASES)
(C) Attorneys (Firm Name. Address, and Telephone Number)
C.J. Veverka, R. Parrish Freeman & Rachel Jacques MASCHOFF BREJ'.'NAN 1389 Center Drive, Suite 300, Park City, Utah 84098 Telephone: (435) 252-1360
DEFENDANTS
CellPhone-Mate, a California corporation
County of Residence of First Listed Defendant --=-A=la=m=e:.:d=a'----------(IN U.S PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
Attorneys (!{Known)
II. BASIS OF JURISDICTION (Piacean "X"inOneBoxOniv) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in one Boxfor Plaintiff
D 1 U.S. Government
Plaintiff
:J 2 U.S. Government Defendant
J11:1 3 Federal Question
(US Government Not a Party)
:J 4 Diversity (Indicate Citizenship ofParties in Item I I)
IV. NATURE OF SUIT (Place an "X" in One Box On[v) · ~NTRAC'r T RTS ~·
0 II 0 Insurance PERSONAL INJURY PERSONALU JURY
0 120 Marine 0 310 Airplane 0 365 Personal Inj ry -0 130 Miller Act 0 315 Airplane Product ProductLia ility
0 140 Negotiable Instrument Liability
n "' ""''" C=~ 0 !50 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceuti a! & Enforcement of J udgrnent Slander Personal Inj ry
0 !51 Medicare Act 0 330 Federal Employers' Product Lia ility
0 I Original 0 2 Removed from Proceeding State Court
0 3 Remanded from Appellate Court
0 4 Reinstated or Reopened
0 5 Transferred from Another District (specify)
0 6 Multidistrict Litigation
Cite the U.S. Civil Statute under which you arc filing (Do not cite jurisdictional statutes unless diversity):
VII. REQUESTED IN COMPLAINT:
VIII. RELATED CASE(S)
0 CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P.
DEMAND$ CHECK YES only if demanded in complaint:
JURY DEMAND: )1!:1 Yes 0 No
F NY (See instructions):
.,.,...,-=--I_A ____________ _:_JUD:;G;:E~___::::::;::::::::::::::.:=:::::..:::::::.::::::::::::::::::====DOCKE'[NJJMBEIL----DATE SIGNATURE OF ATTORNEY OF RECORD
Tu \¥ 28 2014 FOR 0 ICE USE ONLY
RECEIPT# AMOUNT
case: 2:14cv00548 !siR Parrish Freeman Ass~gned To : warner, Paul M.
Asstgn. Date : 7/28/2014 . Description: Wilson Electon~cs v APPLYING IFP
cellphoneMate
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