Digitude Innovations LLC v LG Electronics Inc. et al.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against LG Electronics Inc., LG Electronics Mobilecomm USA Inc., LG Electronics USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-984297.) - filed by Digitude Innovations LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(els)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

DIGITUDE INNOVATIONS LLC,

Plaintiff,
v.
LG ELECTRONICS, INC., LG
ELECTRONICS U.S.A., INC., and LG
ELECTRONICS MOBILECOMM
U.S.A., INC.
Defendants.

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CIVIL ACTION NO.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
1.

Plaintiff Digitude Innovations LLC. (“Digitude” or “Plaintiff”), by and

through its attorneys, hereby demands a jury trial and complains of Defendants LG
Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc.
(“Defendants”) as follows:
NATURE OF THE ACTION
2.

This is an action for patent infringement arising under the patent laws

of the United States, 35 U.S.C. §§ 271, et seq., to enjoin infringement and obtain damages
resulting from Defendants’ unauthorized manufacture, use, sale, offer to sell and/or
importation into the United States for subsequent use or sale of products, methods, processes,
services and/or systems that infringe one or more claims of United States Patent No.
5,926,636 (the “’636 Patent”) (attached as Exhibit A) entitled “Remote Procedure Call
Component Management Method for a Heterogeneous Computer Network,” United States
Patent No. 5,929,655 (the “’655 Patent”) (attached as Exhibit B) entitled “Dual-Purpose I/O

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Circuit in a Combined LINK/PHY Integrated Circuit,” United States Patent No. 6,208,879
(the “’879 Patent”) (attached as Exhibit C) entitled “Mobile Information Terminal Equipment
and Portable Electronic Apparatus,” and United States Patent No. 6,456,841 (the “’841
Patent”) (attached as Exhibit D) entitled “Mobile Communication Apparatus Notifying User
of Reproduction Waiting Information Effectively.” Plaintiff seeks injunctive relief to prevent
Defendants from continuing to infringe Plaintiff’s patents. In addition, Plaintiff seeks a
recovery of monetary damages resulting from Defendants’ past infringement of these patents.
3.

This action for patent infringement involves Defendants’ manufacture,

use, sale, offer for sale, and/or importation into the United States of infringing products,
methods, processes, services and systems that are primarily used or primarily adapted for use
in portable communication devices, including but not limited to Defendants’ mobile phones,
telecommunication devices, and other portable communication devices.
THE PARTIES
4.

Plaintiff Digitude is a company with its principal place of business at

601 King St., Suite #404, Alexandria, Virginia, 22314-3169.
5.

Plaintiff Digitude is the lawful assignee of all right, title and interest in

and to the ‘636, ‘655, ‘879, and ‘841 Patents (collectively, the “Asserted Patents”).
6.

Plaintiff Digitude is a privately held company. Digitude focuses its

business on licensing patented technology in the consumer electronics and communications
industry, including the ‘636 Patent, the ‘655 Patent, the ‘879 Patent, and the ‘841 Patent.
7.

Upon information and belief, Defendant LG Electronics, Inc. is a

foreign company, with its principal place of business at LG Twin Towers, 20 Yeouido-dong,
Yeongdeungpo-gu, Seoul 150-721, South Korea.

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8.

Upon information and belief, LG Electronics, Inc. makes, sells, and/or

offers for sale within the United States portable communication devices. Such devices
include, but are not limited to, cell phones and computer tablets.
9.

Upon information and belief, LG Electronics, Inc. is the parent

corporation of Defendants LG Electronics U.S.A., Inc. and LG Electronics MobileComm
U.S.A.
10.

Upon information and belief, Defendant LG Electronics MobileComm

U.S.A. is a domestic corporation organized and existing under the laws of the state of
California with its principal place of business located at 10101 Old Grove Road, San Diego,
California 92131. Upon information and belief, LG Electronics MobileComm U.S.A. is a
wholly owned subsidiary of Defendant LG Electronics, Inc., and imports portable
communication devices into the United States that are manufactured by Defendant LG
Electronics, Inc., including, but not limited to, computer tablets and cell phones. Upon
information and belief, LG Electronics MobileComm U.S.A. is managed by LG Electronics
U.S.A., Inc.
11.

Upon information and belief, Defendant LG Electronics U.S.A. is a

wholly-owned subsidiary of Defendant LG Electronics, Inc. Upon information and belief,
LG Electronics U.S.A., Inc. is located at 1000 Sylvan Ave., Englewood Cliffs, New Jersey
07632. Upon information and belief, LG Electronics U.S.A., Inc. manages the North
American operations of LG Electronics MobileComm U.S.A., Inc.
12.

Plaintiff has been irreparably harmed by the Defendants’

infringements of its valuable patent rights. Moreover, Defendants’ unauthorized and
infringing uses of Plaintiff’s patented systems and methods have threatened the value of this

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intellectual property because Defendants’ conduct results in Plaintiff’s loss of its lawful
patent rights to exclude others from making, using, selling, offering to sell and/or importing
the patented inventions.
13.

Defendants’ disregard for Plaintiff’s property rights threatens

Plaintiff’s relationships with existing licensees and potential licensees of Plaintiff’s portable
communication device patents. The Defendants will derive a competitive advantage over
any of Plaintiff’s existing licensees and future licensees from using Plaintiff’s patented
technology without paying compensation for such use. Accordingly, unless and until the
Defendants’ continued acts of infringement are enjoined, Plaintiff will suffer further
irreparable harm for which there is no adequate remedy at law.
JURISDICTION AND VENUE
14.

This Court has jurisdiction over the subject matter of this patent

infringement action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
15.

Upon information and belief, Defendants are subject to personal

jurisdiction in the State of Delaware because they regularly transact business in this judicial
district and division by, among other things, offering their products and services to
customers, business affiliates and partners located in this judicial district. In addition, the
Defendants have committed acts of direct infringement of one or more of the claims of one or
more of the Asserted Patents in this judicial district.
16.

Venue is proper in this judicial district pursuant to 28 U.S.C.

§§ 1391(b), 1391(c), and 1400(b) because the Defendants are subject to personal jurisdiction
in this district, and have committed acts of infringement in this district.
COUNT I
(Infringement of United States Patent No. 5,926,636)

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17.

Paragraphs 1 through 16 are incorporated by reference as if fully

restated herein.
18.

Plaintiff Digitude is the assignee and lawful owner of all right, title

and interest in and to the ’636 Patent.
19.

Upon information and belief, Defendants make, use, sell, offer to sell

and/or import into the United States for subsequent sale or use products, services, methods or
processes that infringe, directly and/or indirectly, or which employ systems, components
and/or steps that make use of systems or processes that infringe, directly and/or indirectly,
one or more of the claims of the ’636 Patent. Such devices are tablets, cellular telephones,
and other portable communication devices, including but not limited to Defendants’
Revolution VS910 device and other substantially similar devices.
20.

Upon information and belief, the Defendants have been and continue

to infringe one or more of the claims of the ’636 Patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Upon information and belief, Defendants’
wrongful conduct has caused Plaintiff to suffer irreparable harm resulting from the loss of its
lawful patent rights to exclude others from making, using, selling, offering to sell and
importing the patented inventions.
21.

Plaintiff is entitled to recover damages adequate to compensate for the

infringement.
COUNT II
(Infringement of United States Patent No. 5,926,655)
22.

Paragraphs 1 through 21 are incorporated by reference as if fully

restated herein.

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23.

Plaintiff Digitude is the assignee and lawful owner of all right, title

and interest in and to the ‘655 Patent.
24.

Upon information and belief, Defendants make, use, sell, offer to sell

and/or import into the United States for subsequent sale or use products, services, methods or
processes that infringe, directly and/or indirectly, or which employ systems, components
and/or steps that make use of systems or processes that infringe, directly and/or indirectly,
one or more of the claims of the ‘655 Patent. Such devices include tablets, cellular
telephones, and other portable communication devices, such as, but not limited to
Defendants’ Optimus V device and substantially similar devices.
25.

Upon information and belief, the Defendants have been and continue

to infringe one or more of the claims of the ‘655 Patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Upon information and belief, the
Defendants’ wrongful conduct has caused Plaintiff to suffer irreparable harm resulting from
the loss of its lawful patent rights to exclude others from making, using, selling, offering to
sell and importing the patented inventions.
26.

Plaintiff is entitled to recover damages adequate to compensate for the

infringement.
COUNT III
(Infringement of United States Patent No. 6,208,879)
27.

Paragraphs 1 through 26 are incorporated by reference as if fully

restated herein.
28.

Plaintiff Digitude is the assignee and lawful owner of all right, title

and interest in and to the ‘879 Patent.
29.

Upon information and belief, Defendants make, use, sell, offer to sell

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and/or import into the United States for subsequent sale or use products, services, methods or
processes that infringe, directly and/or indirectly, or which employ systems, components
and/or steps that make use of systems or processes that infringe, directly and/or indirectly,
one or more of the claims of the ’879 Patent. Such devices are portable communication
devices, including but not limited to tablets, cellular telephones, and other portable
communication devices, such as, but not limited to Defendants’ Revolution VS910 device
and substantially similar devices.
30.

Upon information and belief, the Defendants have been and continue

to infringe one or more of the claims of the ‘879 Patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Upon information and belief, the
Defendants’ wrongful conduct has caused Plaintiff to suffer irreparable harm resulting from
the loss of its lawful patent rights to exclude others from making, using, selling, offering to
sell and importing the patented inventions.
31.

Plaintiff is entitled to recover damages adequate to compensate for the

infringement.
COUNT IV
(Infringement of United States Patent No. 6,456,841)

32.

Paragraphs 1 through 31 are incorporated by reference as if fully

restated herein.
33.

Plaintiff Digitude is the assignee and lawful owner of all right, title

and interest in and to the ‘841 Patent.
34.

Upon information and belief, Defendants make, use, sell, offer to sell

and/or import into the United States for subsequent sale or use products, services, methods or

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processes that infringe, directly and/or indirectly, or which employ systems, components
and/or steps that make use of systems or processes that infringe, directly and/or indirectly,
one or more of the claims of the ’841 Patent. Such devices are portable communication
devices, including but not limited to tablets, cellular telephones, and other portable
communication devices, such as, but not limited to Defendants’ Revolution VS910 device
and substantially similar devices.
35.

Upon information and belief, the Defendants have been and continue

to infringe one or more of the claims of the ‘841 Patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Upon information and belief, the
Defendants’ wrongful conduct has caused Plaintiff to suffer irreparable harm resulting from
the loss of its lawful patent rights to exclude others from making, using, selling, offering to
sell and importing the patented inventions.
36.

Plaintiff is entitled to recover damages adequate to compensate for the

infringement.
WHEREFORE, Plaintiff prays for judgment against the Defendants, granting
Plaintiff the following relief:
A.

That this Court adjudge and decree that the ’636 Patent is valid and

enforceable against the Defendants, that the ‘655 Patent is valid and enforceable against the
Defendants, that the ‘879 Patent is valid and enforceable against the Defendants, and that the
‘841 Patent is valid and enforceable against the Defendants;
B.

That this Court adjudge and decree that the Defendants have infringed

the ’636 Patent, the ‘655 Patent, the ‘879 Patent, and the ‘841 Patent;
C.

That this Court permanently enjoin the Defendants, and their parents,

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subsidiaries, affiliates, successors and assigns, and each of their officers, directors,
employees, representatives, agents, and attorneys, and all persons acting in concert or active
participation with, or on their behalf, or within their control, from making, using, selling,
offering to sell, importing, or advertising products and/or services and/or employing systems,
hardware, software and/or components and/or making use of systems or processes that
infringe any of the claims of the Asserted Patents, or otherwise engaging in acts of
infringement of the Asserted Patents, all as alleged herein;
D.

That this Court order an accounting, including a post-verdict

accounting, to determine the damages to be awarded to Plaintiff as a result of the Defendants’
infringement;
E.

That this Court, pursuant to 35 U.S.C. § 284, enter an award to

Plaintiff of such damages as it shall prove at trial against the Defendants that is adequate to
compensate Plaintiff for said infringement, said damages to be no less than a reasonable
royalty together with interest and costs;
F.

That this Court assess pre-judgment and post-judgment interest and

costs against the Defendants, together with an award of such interest and costs, in accordance
with 35 U.S.C. § 284;
G.

That this Court declare this case to be exceptional and direct

Defendants to pay Digitude’s attorneys’ fees incurred in connection with this lawsuit
pursuant to 35 U.S.C. § 285;
H.

Grant to Plaintiff such other, further, and different relief as may be just

and proper.

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JURY DEMAND
Plaintiff demands a trial by jury of all matters to which it is entitled to trial
by jury pursuant to FED. R. CIV. P. 38.

Dated: December 2, 2011

/s/ Edmond D. Johnson
Edmond D. Johnson (Del. Bar No. 2257)
James G. McMillan, III (Del. Bar No. 3979)
PEPPER HAMILTON LLP
Hercules Plaza, Suite 5100
1313 N. Market Street
P.O. Box 1709
Wilmington, DE 19899-1709
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, Digitude Innovations
LLC

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