One-E-Way v. JayBird Gear

7/31/2019 One-E-Way v. JayBird Gear

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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.


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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


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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-


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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: [email protected]

[email protected]

Attorneys for Plaintiff One-E-Way, Inc.


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EXHIBIT A


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Documents

One-E-Way v. JayBird Gear