iOttie et. al. v. HisGadget

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    NATURE OF THE ACT ION

    1. Plaintiffs allege that HisGadget has infringed and continues to infringe one omore claims of the United States Patent No. 8,627,953 ( the '953 Patent or Patent-in-Suit )This is a civil action for the patent infringement of the '953 Patent, including the willfuinfringement of the '953 Patent by HisGadget.

    2. The technology at issue involves the holding mechanism and, more particularlyto a holder for a portable device.

    T H E P A RT IE S

    3. HSM is a corporation organized under the laws of the Republic of Korea, havinga place of business located in Seoul, Korea. It is the owner of the '953 Patent.

    4. iOttie is a corporation organized under the laws of the State of New York andmaintains its principal place of business at 214 State Street 102, Hackensack, New Jersey07601. iOttie is th e exclusive licensee, from HSM, o f th e 9 53 Patent.

    5. On information and belief, HisGadget is a California corporationwith its principaplace of business at 30075 Ahern Avenue Union City, California 94587.

    JURISDICTION AND VENUE

    6. This action is based upon and arises under the Patent Laws of the United States35 U.S.C. 100 et seq In particular 271, 281, 283, 284 and 285 is intended to redresinfringement of the '953 Patent owned and exclusively licensed by Plaintiffs.

    7. This Court has jurisdiction over the subject matter of this action pursuant to 2U.S.C. 1331 an d 1338 a).

    8. HisGadget has transacted and continues to transact business in the United Stateand in this judicial district and division by: using or causing lo be used; making; importing o

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    causing to be imported; offering to sell or causing to be offered for sale; and/orselling or causingto be sold directly, through intermediaries and/or as an intermediary, a variety of products thainfringe the 953 Patent to customers in the United States including customers in this judiciadistrict and division, and Defendant will continue to do so unless enjoined by this Court.

    9. Upon information and belief, HisGadget is subject to this Court's general and/ospecific personal jurisdiction, because it has committed acts of infringement in thCommonwealth of Virginia as alleged below; and/or HisGadget is engaged in continuouactivities in the Commonwealth of Virginia. HisGadget acts caused injury to Plaintiffs in theCommonwealth, and HisGadget regularly does or solicits business, or engages in a course oconduct, or derives substantial revenue from goods used or consumed or services rendered in thisCommonwealth.Therefore, this Court has personal jurisdiction over HisGadget.

    10. Venue is proper in this districtpursuantto 28 U.S.C 1391 and 1400(b).TH E PATENT IN SU IT

    11. On January 14, 2014, the '953 Patent, entitled Holder for portable device waduly and legally issued by the United States Patent and Trademark Office. HSM is the owner oall rights, title, and interest in and to the '953 Patent. A copy of the '953 Patent is attached asE x h i b i t A .

    12. iOttie is an exclusive licenseeof the '953 Patent and possesses the right to sue andto recover for infringement of the '953 Patent.

    FACTUAL B A CKG R O U ND

    13. HSM is the owner o f the 9 53 Patent, an d ha s invested substantial time andmoney in designing, developing, manufacturing and producing holder products that incorporate

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    the patented technology HSM, e.g., developed the Easy One' Touch Car Mount Holder for aportable device.

    14. HSM has granted to iOttie the exclusive right to sell, re-sell and distribute theproducts under iOttie's own brand name. iOttie has purchased and is purchasing the productsfrom HSM. iOttie has sold and is selling the product in the United States.

    15. iOttie holds full power and authority to bring and prosecute lawsuits against thirdparties for infringement of the '953 Patent.

    16. HisGadget at least uses, causes to be used, makes, imports,causes to be importedoffers for sale, causes to be offered for sale, sells, and/or causes to be sold in the Uni ted Statesand in this judicial district and division a product (e.g., the iClever One-Touch Car MountHolder) for holding a portable device that incorporates the technology claimed in the '953 Paten

    17. HisGadget has induced and continues to induce infringement of the '953 Patent inthe United States and in this judicial district.

    18. HisGadget actively sells to and solici ts business from customers and distributorslocated in the United States. HisGadget will continue to do so.

    CO U NT

    CLA IM FOR DIRECT INFRINGEMENT OF THE 95 PATENT

    19. Plaintiffs reallege and incorporate by reference as if fully set forth herein theallegations contained in paragraphs 1 through 18.

    20. On January 14,2014, United States Letters Patent No. 8,627,953 was issued to theHSM for an invention in a holder for a portable device. The HSM owned the patent throughoutthe period of HisGadget s infringing acts and still owns the '953 Patent.

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    21. HisGadget has used, made, sold, imported or offered a Car Mount Holder (e.gthe iClever One-Touch Ca r Mount Holder) for sale in the United States, and has used the CaMount Holder (e.g., the iClever One-Touch Car Mount Holder) in conjunction with a portabldevice in the United States. Such sales and offers for sale occurred in this judicial district anddivision.

    22. HisGadget has infringed and is still infringing the Letters Patent by makingselling, and using the Car Mount Holder (e.g., the iClever One-Touch Car Mount Holder) forportable device that embodies the patented invention, and HisGadget will continue to do sounless enjoined by this court.

    23. Plaintiffs have complied with the statutory requirement of placing a notice of thLetters Patent on the Car Mount Holder (e.g., the iClever One-Touch Car Mount Holder) for aportable device it manufactures and sells and has given Defendant written notice of theinfringement.

    24. For at least some period of time, HisGadget has known that the Ca r Mount Holde(e.g., the iClever One-Touch Car Mount Holder), and the Car Mount Holder (e.g., the iCleveOne-Touch Car Mount Holder) used in conjunction with portable devices, infringe certain claimof the '953 patent.

    25. HisGadget's actions constitute direct patent infringement under 35 U.S.C. 271(a).

    26. Plaintiffs are informed and believe that HisGadget's infringement of the '953patent will continue unless enjoined by this Court.

    27. HisGadget s direct infringement has been intentional, willful, a nd w it h a recklesdisregard for the rights of Plaintiffs.

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    28. HisGadget has caused Plaintiffs substantial injury, including lost profits, fowhich Plaintiffs are entitled to damages adequate to compensate them for direct infringement.

    29. HisGadget's direct infringement warrants the assessment of increased damagepursuant to 35 U.S.C. 284, and an award of attorneys' fees pursuant to 35 U.S.C. 285.

    C O U N T II

    CLAIM FOR CONTRIBUTORY INFRINGEMENT OF THE 95 PATENT

    30. Plaintiffs reallege and incorporate by reference as if fully set forth herein thallegations contained in paragraphs 1 through 29.

    31. HisGadget has made, sold, imported or offered the Car Mount Holder (e.g., thiClever One-Touch Car Mount Holder) for sale in th e United States.

    32. The HisGadget Car Mount Holder (e.g., the iClever One-Touch Car MounHolder) is especially made, or especially adapted, for use in the making of device that infringcertain claims of the 9 53 patent.

    33. The HisGadget Car Mount Holder (e.g., the iClever One-Touch Ca r MounHolder) has no substantial non-infringing use.

    34. For at least some period of time, HisGadget has known that the Car Mount Holde(e.g., the iClever One-Touch Car Mount Holder) is especially made to infringe certain claims othe '953 patent.

    35. HisGadget's actions constitute contributory patent infringement under 35 U.S.C271(c).

    36. Plaintiffs are informed and believe that HisGadget's contributory infringement othe '953 patent will continue unless enjoined by this Court.

    37. HisGadget s contributory infringement has been intentional, willful, and withreckless disregard for the rights of Plaintiffs.

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    38. HisGadget has caused Plaintiffs substantial injury, including lost profits, fowhich Plaintiffs are entitled to damages adequate to compensate them for contributorinfringement.

    39. HisGadget's contributory infringement warrants the assessment of increasedamages pursuant to 35 U.S.C. 284, and an award of attorneys' fees pursuant to 35 U.S.C.2 8 5 .

    COUNT I I I

    L IM F O R TIVE I N DU E ME N T O F INFRINGEMENT

    OF T H E 95 P TENT

    40. Plaintiffs reallege and incorporate by reference as if fully set forth herein thallegations contained in paragraphs 1 through 39.

    41. Plaintiffs are informed and believe that third party users of the HisGadget CaMount Holder (e.g., the iClever One-Touch Ca r Mount Holder) are directly infringing certaiclaims of the '953 patent.

    42. Plaintiffs are informed and believe that by advertising, offering for sale, sellinand supporting the HisGadget Ca r Mount Holder (e.g., the iClever One-Touch Ca r MounHolder), HisGadget has knowingly and intentionally caused third party users of the HisGadgeCar Mount Holder (e.g., the iClever One-Touch Ca r Mount Holder) to infringe certain claims othe '953 patent.

    43. Plaintiffs are informed and believe that, after having been pu t on notice of thexistence o f the 9 53 patent and the infringing use o f th e HisGadget Ca r Mount Holder (e.g., thiClever One-Touch Ca r Mount Holder), HisGadget has continued to advertise, offer for sale, se

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    and support the HisGadget Ca r Mount Holder (e.g., the iClever One-Touch Car Mount Holderto third party users with the intent to induce third party users to infringe the '953 patent.

    44. HisGadget 's actions constitute active inducement of patent infringement under 35U.S.C. 271(b).

    45. Plaintiffs are informed and believe that HisGadget's active inducement oinfringement of the '953 patent will continue unless enjoined by this Court.

    46. HisGadget's active inducement of infringement has been intentional, willful, andwith a reckless disregard for the rights of Plaintiffs.

    47. HisGadget has caused Plaintiffs substantial injury, including lost profits, fowhich Plaintiffs are entitled to damages adequate to compensate them for direct infringement.

    48. HisGadget's active inducement of infringement warrants the assessment oincreased damages pursuant to 35 U.S.C. 284, and an award of attorneys' fees pursuant to 3U.S.C. 285.

    PRAYER FO R REL IEF

    WHEREFORE, Plaintiffs pray for judgment and seek relief against Defendant as follows:A. An adjudication that one or more claims of the Patent-in-Suit has been

    infringed, either literally and/or under the doctrine of equivalents, by the Defendant and/or thDefendant in conjunction with its customers;

    B. An adjudication that Defendant has induced infringement of one or morclaims o f the Patent-in-Suit;

    C. An adjudication that Defendant ha s contributed to the infringement of onor more claims o f th e Patent-in-Suit;

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    D. An award to Plaintiff o f damages adequate to compensate Plaintiff for theDefendant's acts of infringement together with prejudgment interest pursuant to 35 U.S.C. 284;

    E. That, should Defendant's acts o f infringement be found to be willful fromthe time that Defendant became aware o f the infringing nature of its actions, that the Court awardtreble damages for the period of such willful infringement pursuant to 35 U.S.C. 284;

    F. A grant of permanent injunction pursuant to 35 U.S.C. 283, enjoiningthe Defendant from further acts of infringement with respect to the claims of the Patent-in-Suit;

    G. That this Court declare this to be an exceptional case and award Plaintifits reasonable attorneys' fees and costs in accordance with 35 U.S.C. 285;

    H. A preliminary and final injunction against the continuing infringement;I. An accounting for damages;J. Interests an d costs; an dK. Any further relief that this Court deems just and proper.

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    D a t e d : M a r c h 11 2014

    Respectfully submitted.

    Sean Allen Passino VA Bar 47,268)

    Sean Allen Passino VA Bar 47,268)Jeffrey H. Gregcr (VA Bar 41,500)LOWE HAUPTMAN & HAM, LL P2318 Mill Road, S ui te 1 40 0Alexandria, Virginia 22314Telephone: 703-684-1111F a c s i m i l e : 7 0 3 - 5 1 8 - 5 4 9 9Email: [email protected]

    [email protected] for Plaintiff IOTTIE, INC. and HSM Co., Ltd.

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