G H Strickland v. Federal Signal et. al

8/6/2019 G H Strickland v. Federal Signal et. al.

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Mounted Emergency Vehicle Signal Device (the 216 patent), a copy of which

is attached hereto as Exhibit A.

PARTIES

2. Plaintiff is a Georgia limited liability company with a principal officein Fulton County, Georgia. Plaintiff is the assignee of all right, title and interest in

and to the 216 patent, including the right to sue for all past, present and future

infringement. The 216 patent issued on January 28, 2003 after full and fair

examination by the United States Patent Office. The 216 patent is valid and

enforceable.

3. Defendant Federal Signal Corporation (Federal Signal) is aDelaware corporation with a principle place of business in Illinois. Federal Signal

is registered to do business in the State of Georgia, and may be served with process

by and through its registered, National Registered Agents, Inc., 3675 Crestwood

Parkway, Suite 350, Duluth, GA 30096.

4. Defendant Whelen Engineering Company, Inc. (Whelen) is aConnecticut corporation with a principal place of business in Chester, Connecticut.

Whelen may be served with process by and through its registered agent, John F.

Olson, 51 Winthrop Rd., Chester, CT 06412.


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5. Defendant Thomas J Madden & Associates, Inc. (Madden) is aGeorgia corporation with a principal place of business in Braselton, Georgia.

Madden may be served with process by and through its registered agent, Thomas J.

Madden, 427 Cooper's Pond Drive, Lawrenceville, GA 30244. Madden is an

authorized master sales representative for Whelen in Georgia and other

Southeastern states.

6. Defendant Star Headlight and Lantern Co., Inc., (Star) is a NewYork corporation with a principal place of business in Avon, New York. Star may

be served with process by and through its chief executive officer, Christopher D.

Jacobs, at its principal office located at 455 Rochester Street, Avon, New York

14414.

7. Defendant Cherry Sales Associates, Inc. (Cherry) is a Georgiacorporation with a principal place of business in LaGrange, Georgia. Cherry may

be served with process by and through its registered agent, Timothy P. Cherry, 411

Broad Street, LaGrange, GA 30240. Cherry is an authorized master sales

representative for Star in Georgia and other Southeastern states.

8. Defendant Code 3, Inc. (Code 3) is a Missouri corporation with aprinciple place of business in St. Louis, Missouri. Code 3 may be served with


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process by and through its registered agent, John P. Sterrenberg, 10986 N. Warson

Rd., St. Louis, MO 63114.

9. Defendant 144th Marketing Group, LLC (144th) is a Georgia limitedliability company located in Peachtree City, Georgia. 144th may be served with

process by and through its registered agent, Bret Gross, 39 Willow Dell Dr., Senoia

GA 30276. 144th is or has been an authorized sales representative for Code 3 in

Georgia.

10. Defendant Trans Comm Services, Inc. (TCS) is a Georgia limitedliability company located in Griffin, Georgia. TCS may be served with process by

and through its registered agent, Mayron R. Bailey, 105 Manley Road, P.O. Box

629, Griffin, GA 30223. TCS is or has been an authorized sales representative for

Code 3 in Georgia.

11. Defendant Emergency Technology, Inc. d/b/a SoundOff Signal(SoundOff) is a Michigan corporation located in Hudsonville, Michigan.

SoundOff may be served with process by and through its registered agent, George

D. Boerigter, 3900 Central Parkway, Hudsonville, MI 49426.

12. Defendant Brooking Industries, Inc. d/b/a Axixtech (Axixtech) is aFlorida corporation located at 10016 NW 53rd St., Sunrise, FL 33351. Axixtech


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may be served with process by and through its registered agent, Richard K.

Brooking, 4429 Stone Ridge Way, Weston, FL 33331.

13. Defendant Rontan North America, Inc. (Rontan) is a Delawarecorporation located at 7859 NW 46th ST, Unit 5-B, Miami, FL 33166. Rontan

may be served with process by and through its registered agent, Edson L. Forin,

COO, 7224 NW 56 Street, Miami, FL 33166.

JURISDICTION AND VENUE

14. This action arises under the Patent Laws of the United States, 35U.S.C. 1 et seq., including, without limitation, 35 U.S.C. 271, 281, 284, and

285. This Court has subject matter jurisdiction over this case for patent

infringement under 28 U.S.C. 1331 and 1338(a).

15. This Court has personal jurisdiction over each of the Defendantspursuant to O.C.G.A. 9-10-91 and federal law on the grounds that, upon

information and belief, (i) Defendants transact business within the State of

Georgia; (ii) Defendants have committed acts of patent infringement within and/or

directed toward residents of the State of Georgia; (iii) Defendants acts of patent

infringement have caused injury within the State of Georgia, and Defendants

regularly do or solicit business, engage in other persistent courses of conduct,

and/or derive substantial revenue from goods used or consumed or services


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rendered in this state; (iv) Defendants purposefully direct activities toward

residents of the State of Georgia; (v) the cause of action set forth herein arises from

or relates to Defendants activities in the State of Georgia; and/or (vi) the exercise

of jurisdiction over Defendants will not offend traditional notions of fair play and

substantial justice.

16. More specifically, each Defendant, directly and/or throughintermediaries, ships, distributes, offers for sale, sells, and/or advertises (including

by the provision of interactive web pages) its products and services in the United

States, the State of Georgia, and the Northern District of Georgia. Upon

information and belief, each Defendant has committed patent infringement in the

State of Georgia and in the Northern District of Georgia. Each Defendant solicits

customers in the State of Georgia and in the Northern District of Georgia. Each

Defendant has paying customers who are residents of the State of Georgia and the

Northern District of Georgia and who each use Defendants respective products

and services in the State of Georgia and in the Northern District of Georgia.

17. Whelens Internet website identifies Madden as its authorized salesrepresentative for Georgia and other Southeastern states.

18. Stars Internet web site identifies Cherry as its sales representative forGerogia and six other Southeastern states.


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19. Code 3s Internet web site identifies 144th Marketing Group, LLC, aGeorgia limited liability company located in Peachtree City, Georgia, as its

Georgia sales representative. Code 3s Internet web site also identifies the

following Georgia distributors: Interceptor Public Safety Products, Inc., a Georgia

corporation located in Forsyth, Georgia; McLaggan Communications and Radar

Services, Inc., a Georgia corporation located in Hahira, Georgia; and Trans Comm

Services, Inc., a Georgia corporation located in Griffin, Georgia.

20. SoundOffs 911EP website lists two Georgia distributors.21. Axixtechs website lists three Georgia distributors.22. Rontan lists a Georgia sales representative having a phone number

with a 404 area code.

23. Venue is proper in the Northern District of Georgia pursuant to 28U.S.C. 1391 and 1400(b).

COUNT I PATENT INFRINGEMENT

FEDERAL SIGNAL CORPORATION

24. Plaintiff realleges and incorporates by reference the allegations setforth in paragraphs 1-23, above, as if set forth verbatim herein.

25. Federal Signal, has directly infringed the 216 patent in violation of 35U.S.C. 271(a) by making, using, selling, or offering for sale in the United States

interior-mounted emergency vehicle signal devices that embody the patented


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31. Whelen, has directly infringed the 216 patent in violation of 35U.S.C. 271(a) by making, using, selling, or offering for sale in the United States


invention. Whelens infringing products include, without limitation, its Inner

Edge Undercover Super-LED Lighting Systems, which infringe at least claim 1

of the 216 patent.

32. To the extent any such notice may be required, Whalen receivedactual notice of its infringement of the 216 patent at least as early as the filing of

the original complaint in this action, pursuant to 35 U.S.C. 287(a).

33. Whalens aforesaid activities have been without authority and/orlicense from Plaintiff.

34. Plaintiff is entitled to recover from Whalen the damages sustained byPlaintiff as a result of Whalens wrongful acts in an amount subject to proof at

trial, 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.

35. Whalens infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there

is no adequate remedy at law, unless enjoined by this Court.


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COUNT III PATENT INFRINGEMENT

THOMAS J. MADDEN & ASSOCIATES INC.


37. Madden, has directly infringed the 216 patent in violation of 35U.S.C. 271(a) by using, selling, or offering for sale in the United States interior-

mounted emergency vehicle signal devices that embody the patented invention.

Maddens infringing products include, without limitation, the Whelen Inner Edge

Undercover Super-LED Lighting Systems, which infringe at least claim 1 of the

216 patent.

38. To the extent any such notice may be required, Madden receivedactual notice of its infringement of the 216 patent at least as early as the filing of


39. To the extent any such notice may be required, Madden receivedactual notice of its infringement of the 216 patent at least as early as the filing of


40. Maddens aforesaid activities have been without authority and/orlicense from Plaintiff.

41. Plaintiff is entitled to recover from Madden the damages sustained byPlaintiff as a result of Maddens wrongful acts in an amount subject to proof at


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42. Maddens infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT IV PATENT INFRINGEMENT

STAR HEADLIGHT & LANTERN CO., INC.


44. Star, has directly infringed the 216 patent in violation of 35 U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-


Stars infringing products include, without limitation, its line of Phantom

Undercover Lightbar products, which infringe at least claim 1 of the 216 patent.

45. To the extent any such notice may be required, Star received actualnotice of its infringement of the 216 patent at least as early as the filing of the

original complaint in this action, pursuant to 35 U.S.C. 287(a).

46. Stars aforesaid activities have been without authority and/or licensefrom Plaintiff.


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47. Plaintiff is entitled to recover from Star the damages sustained byPlaintiff as a result of Stars wrongful acts in an amount subject to proof at trial,

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.

48. Stars infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT V PATENT INFRINGEMENT

CHERRY SALES ASSOCIATES, INC.


50. Upon information and belief, Cherry has directly infringed the 216patent in violation of 35 U.S.C. 271(a) by using, selling, or offering for sale in

the United States interior-mounted emergency vehicle signal devices that embody

the patented invention. Cherrys infringing products include, without limitation,

the Star Phantom Undercover Lightbar products, which infringe at least claim 1

of the 216 patent.

51. To the extent any such notice may be required, Cherry received actualnotice of its infringement of the 216 patent at least as early as the filing of the



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52. Cherrys aforesaid activities have been without authority and/orlicense from Plaintiff.

53. Plaintiff is entitled to recover from Cherry the damages sustained byPlaintiff as a result of Cherrys wrongful acts in an amount subject to proof at trial,



54. Cherrys infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT VI PATENT INFRINGEMENT

CODE3, INC.


56. Code 3, has directly infringed the 216 patent in violation of 35 U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-


Code 3s infringing products include, without limitation, its line of SuperVisor

and WingMan interior lighting systems, which infringe at least claim 1 of the

216 patent.


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57. To the extent any such notice may be required, Code 3 received actualnotice of its infringement of the 216 patent at least as early as the filing of the


58. Code 3s aforesaid activities have been without authority and/orlicense from Plaintiff.

59. Plaintiff is entitled to recover from Code 3 the damages sustained byPlaintiff as a result of Code 3 wrongful acts in an amount subject to proof at trial,



60. Code 3s infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT VII PATENT INFRINGEMENT

144TH

MARKETING GROUP, LLC


62. Upon information and belief, 144th has directly infringed the 216patent in violation of 35 U.S.C. 271(a) by using, selling, or offering for sale in


the patented invention. 144th's infringing products include, without limitation, the


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Code 3 SuperVisor and WingMan interior lighting systems, which infringe at

least claim 1 of the 216 patent.

63. To the extent any such notice may be required, 144th received actualnotice of its infringement of the 216 patent at least as early as the filing of the


64. 144th's aforesaid activities have been without authority and/or licensefrom Plaintiff.

65. Plaintiff is entitled to recover from 144th the damages sustained byPlaintiff as a result of 144ths wrongful acts in an amount subject to proof at trial,



66. 144ths infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT VIII PATENT INFRINGEMENT

TRANS COMM SERVICES, INC.


68. Upon information and belief, TCS has directly infringed the 216patent in violation of 35 U.S.C. 271(a) by using, selling, or offering for sale in


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the patented invention. TCSs infringing products include, without limitation, the

Code 3 SuperVisor and WingMan interior lighting systems, which infringe at

least claim 1 of the 216 patent.

69. To the extent any such notice may be required, TCS received actualnotice of its infringement of the 216 patent at least as early as the filing of the


70. TCSs aforesaid activities have been without authority and/or licensefrom Plaintiff.

71. Plaintiff is entitled to recover from TCS the damages sustained byPlaintiff as a result of TCSs wrongful acts in an amount subject to proof at trial,



72. TCSs infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT IX PATENT INFRINGEMENT

EMERGENCY TECHNOLOGY, INC. d/b/a SOUNDOFF SIGNAL



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74. SoundOff, has directly infringed the 216 patent in violation of 35U.S.C. 271(a) by making, using, selling, or offering for sale in the United States


invention. SoundOffs infringing products include, without limitation, its Pinnacle

Windshield/Interior lightbars, its UltraLite Interior Windshield Warning Bar with

permanent bracket mounts, its Predator and Predator II windshield lights with

permanent mounts, and its 911EP LED Commander Lighting System (CLS)

(collectively, SoundOff Infringing Products), which infringe at least claim 1 of

the 216 patent.

75. To the extent any such notice may be required, SoundOff receivedactual notice of its infringement of the 216 patent at least as early as the filing of


76. SoundOffs aforesaid activities have been without authority and/orlicense from Plaintiff.

77. Plaintiff is entitled to recover from SoundOff the damages sustainedby Plaintiff as a result of SoundOffs wrongful acts in an amount subject to proof

at trial, 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.


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78. SoundOffs infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT X PATENT INFRINGEMENT

BROOKING INDUSTRIES, INC. d/b/a AXIXTECH


80. Axixtech, has directly infringed the 216 patent in violation of 35U.S.C. 271(a) by making, using, selling, or offering for sale in the United States


invention. Axixtechs infringing products include, without limitation, its SV40 /

SV56 Axixtech SV Interior Light Bar, which infringes at least claim 1 of the 216

patent.

81. To the extent any such notice may be required, Axixtech receivedactual notice of its infringement of the 216 patent at least as early as the filing of


82. Axixtechs aforesaid activities have been without authority and/orlicense from Plaintiff.

83. Plaintiff is entitled to recover from Axixtech the damages sustained byPlaintiff as a result of Axixtechs wrongful acts in an amount subject to proof at


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84. Axixtechs infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


COUNT XI PATENT INFRINGEMENT

RONTAN NORTH AMERICA, INC.


86. Rontan, has directly infringed the 216 patent in violation of 35U.S.C. 271(a) by making, using, selling, or offering for sale in the United States


invention. Rontans infringing products include, without limitation, its

VizorLight-S interior light bar, which infringes at least claim 1 of the 216

patent.

87. To the extent any such notice may be required, Rontan received actualnotice of its infringement of the 216 patent at least as early as the filing of the


88. Rontans aforesaid activities have been without authority and/orlicense from Plaintiff.


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89. Plaintiff is entitled to recover from Rontan the damages sustained byPlaintiff as a result of Rontans wrongful acts in an amount subject to proof at trial,



90. Rontans infringement of Plaintiffs exclusive rights under the 216patent will continue to damage Plaintiff, causing irreparable harm for which there


JURY DEMAND

91. Plaintiff hereby requests a trial by jury pursuant to Rule 38 of theFederal Rules of Civil Procedure.

PRAYER FOR RELIEF

Plaintiff respectfully requests that the Court find in its favor and against

Defendants, and that the Court grant Plaintiff the following relief:

A. An adjudication that one or more claims of the 216 patent have beeninfringed, either literally and/or under the doctrine of equivalents, by

each of the Defendants;

B. An accounting and an award to Plaintiff of damages adequate tocompensate Plaintiff for the Defendants acts of infringement together

with pre-judgment and post-judgment interest;


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C. A grant of permanent injunction pursuant to 35 U.S.C. 283,enjoining each Defendant from further acts of infringement with

respect to the claims of the 216 patent;

D. That this Court declare this to be an exceptional case and awardPlaintiff its reasonable attorneys fees and costs in accordance with 35

U.S.C. 285; and

E. Any further relief that this Court deems just and proper.This 24th day of June, 2011.

KENT LAW, P.C.

s/Daniel A. Kent

Daniel A. KentGeorgia Bar Number 415110

[email protected] N Point Ctr E Ste 400

Alpharetta, GA 30022Tel: (404) 585-4214

Fax: (404) 829-2412

Attorneys for Plaintiff

Documents

G H Strickland v. Federal Signal et. al