View
222
Download
0
Category
Preview:
Citation preview
7/31/2019 One-E-Way v. JayBird Gear
1/15
7/31/2019 One-E-Way v. JayBird Gear
2/15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2324
25
26
27
28-2-
Plaintiff One-E-Way, Inc. brings the following complaint for patent infringement
against Defendant JayBird Gear, LLC.
PARTIES
1. Plaintiff One-E-Way, Inc. (One-E-Way) is a Delaware corporation with aprincipal place of business at 500 Santa Paula Avenue, Pasadena, California 91107.
2. On information and belief, Defendant JayBird Gear, LLC is a limitedliability company organized under the laws of Utah, having its principal place of
business located at 9980 S 300 W, Suite 200, Sandy, Utah 84070. Defendant JayBird
can be served with process by serving its registered agent for service of process, Tana
Davis, at 9980 S 300 W, Suite 200, Sandy, Utah 84070.
JURISDICTION AND VENUE
3. This is an action for patent infringement arising under the patent laws ofthe United States, 35 U.S.C. 101 et seq.
4. Subject matter jurisdiction is conferred upon this Court pursuant to 28U.S.C. 1331 and 1338(a).
5. The Court has general and specific personal jurisdiction over Defendant,and venue is proper pursuant to 28 U.S.C. 1391(b), (c), and 1400(b). Defendant has
substantial contacts with the forum as a result of pervasive business activities conducted
within the State of California and within this District. Defendant regularly solicits
business in, and derives substantial revenue from products and/or services provided to
individuals residing in California and, particularly, the Central District of California.
OPERATIVE FACTS
6. On March 6, 2012, United aes aen . ,, (e paen)was duly and legally issued by the United States Patent and Trademark Office to C. Earl
Wlfrk fr an invenin eniled Wireless Digial Audi Music ysem, a rue and
correct copy of which is attached hereto as Exhibit A, and incorporated herein by
reference.
7/31/2019 One-E-Way v. JayBird Gear
3/15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2324
25
26
27
28-1-
7. Mr. Woolfork is a resident of Pasadena, California.8. One-E-Way wns e enire rig, ile, and ineres in and e
patent and all rights to enforce this action and recover damages for the past, present and
future infringement by Defendant complained of herein.9. Te paen is a cninuain f applicain . 2/570,4, filed n
September 30, 2009, now Patent No. 7,865,258, which is a continuation of application
No. 12/144,729, filed on July 12, 2008, now Patent No. 7,684,885, which is a
continuation of application No. 10/648,012, filed on August 26, 2003, now Patent No.
7,412,294, which is a continuation-in-part of application No. 10/027,391, filed on
December 21, 2001, now abandoned.
10. Te paen claims invenins a allw privae audi enjymenwithout interference from other users of independent wireless digital transmitters and
receivers sharing the same space.
FIRST CAUSE OF ACTION
(Infringement of U.S. Patent No. 8,131,391)
11. The allegations of paragraphs 1-10 are repeated and realleged as if fullyset forth herein.
12. On information and belief, Defendant is directly infringing, activelyinducing the infringement of, and/or contributing to the infringement of one or more
claims of the patent by importing, making, using, selling, and/or offering to sell
products incorporating the technology covered by the patent. Upon further
information and belief, Defendant will continue infringing the patent.
13.
Defendant has infringed and is continuing to directly infringe, contribute tothe infringement of, and/or induce the infringement of all claims of the Patent
without One-E-Ways consent or authorization. Such acts of infringement include, but
are not limited to, JayBirds use, sale, provision, and operation of its Sportsband and
Freedom headphone products, alone (thereby infringing claims 1-2 and 5-10) and when
7/31/2019 One-E-Way v. JayBird Gear
4/15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2324
25
26
27
28-2-
bundled with iSport and/or uSport products (thereby infringing claims 3 and 4).
14. Defendant was notified of its infringing activities with respect to theinellecual prpery in e patent family by letter dated October 13, 2010.
15. The filing of this complaintalong with the Original Complaint in Case2:11-cv-06673-PA-FMO on August 12, 2011 and the Original Complaint in Case 2:12-
cv-00601-GW-CW on January 24, 2012constitutes further notice to Defendant of the
patent in accordance with 35 U.S.C. 287.
16. Defendans cninued infringemen f e patent has damaged andcontinues to damage One-E-Way. Defendant is thus liable to One-E-Way in an amount
that adequately compensates One-E-Way for its infringement which, by law, cannot be
less than a reasonable royalty, together with interest and costs as fixed by this Court
under 35 U.S.C. 284.
17. Upon information and belief, Defendansinfringemen f e patenthas been willful and deliberate since the date it was put on notice of the patent.
18. In addiin, Defendans continued infringement of the 391 patent after thefiling of this Complaint, and the Original Complaints in Case 2:11-cv-06673-PA-FMO
and Case 2:12-cv-00601-GW-CW, is willful and deliberate.
PRAYER FOR RELIEF
WHEREFORE, One-E-Way respectfully requests this Court to enter judgment:
A. Declaring that Defendant has been and is infringing one or more claims ofe patent;
B. Declaring a Defendans infringemen is willful;C. Awarding to One-E-Way damages adequate to compensate One-E-Way for
Defendansinfringemen f e patent, with interest as fixed by the Court;
D. Declaring that such damages be trebled in accordance with 35 U.S.C. 284as a cnsequence f Defendans willful infringemen;
E. Declaring this case exceptional under 35 U.S.C. 285 and awarding One-
7/31/2019 One-E-Way v. JayBird Gear
5/15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2324
25
26
27
28-3-
E-Way is css and arneys fees; and
F. Awarding One-E-Way such other and further relief as this Court deems jusand proper.
DEMAND FOR JURY TRIAL
Plaintiff respectfully demands a jury trial on all issues so triable pursuant to Fed.
R. Civ. P. 38(b) and L.R. 38-1.
Dated: July 13, 2012 BRANDON C. FERNALD
RACHEL D. STANGER
FERNALD LAW GROUP LLP
By: /s Brandon C. FernaldBrandon C. Fernald
Edward E. Casto, Jr. (pro hac vice
application to be filed)
Jaime K. Olin (CA Bar 243139)
NELSON BUMGARDNER CASTO, P.C.
3131 West 7th Street, Suite 300
Fort Worth, Texas 76107
Tel: (817) 377-9111
Fax: (817) 377-3485
Email: ecasto@nbclaw.net
jolin@nbclaw.net
Attorneys for Plaintiff One-E-Way, Inc.
7/31/2019 One-E-Way v. JayBird Gear
6/15
EXHIBIT A
7/31/2019 One-E-Way v. JayBird Gear
7/15
7/31/2019 One-E-Way v. JayBird Gear
8/15
7/31/2019 One-E-Way v. JayBird Gear
9/15
7/31/2019 One-E-Way v. JayBird Gear
10/15
7/31/2019 One-E-Way v. JayBird Gear
11/15
7/31/2019 One-E-Way v. JayBird Gear
12/15
7/31/2019 One-E-Way v. JayBird Gear
13/15
7/31/2019 One-E-Way v. JayBird Gear
14/15
7/31/2019 One-E-Way v. JayBird Gear
15/15
Recommended