Golden Bridge Technology Inc. v. Research In Motion Limited et al

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Research In Motion Limited, Research in Motion Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 350.00, receipt number 0311-1056507.) - filed by Golden Bridge Technology Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(rwc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

GOLDEN BRIDGE TECHNOLOGY, INC.,
Plaintiff,
vs.
RESEARCH IN MOTION LIMITED and
RESEARCH IN MOTION CORPORATION,
Defendants.

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CA No.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
For its Complaint against Research In Motion Limited and Research In Motion
Corporation (collectively referred to as “Defendants” or “RIM”), Plaintiff Golden Bridge
Technology, Inc. (“Plaintiff” or “GBT”) alleges as follows:
THE PARTIES
1.

Plaintiff GBT is a corporation duly organized and existing under the laws of the

State of New Jersey, with its principal place of business at 198 Brighton Avenue, Long Branch,
New Jersey 07740. GBT is the owner, by assignment, of all right, title and interest to U.S.
Patent No. 6,574,267 B1 (“the „267 patent”) (later reexamined and issued as U.S. Patent No.
6,574,267 Cl (“the Re „267 patent”)). The „267 patent and the Re „267 patent are collectively
referred to as the “Patent-in-Suit.”
2.

Defendant Research In Motion Limited is a Canadian corporation with a principal

place of business at 295 Phillip Street, Waterloo, Ontario, N2L 3W8, Canada.
3.

Defendant Research In Motion Corporation is a wholly owned subsidiary of Research

In Motion Limited. Research In Motion Corporation is a Delaware corporation with a principal place

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of business at 122 W. John Carpenter Parkway, Suite 430, Irving, Texas 75039. Research In Motion
Corporation‟s agent for service of process is Corporation Trust Company, Corporation Trust Center,
1209 Orange St., Wilmington, Delaware 19801.
NATURE OF THE ACTION
4.

In this civil action, Plaintiff seeks damages against Defendants for acts of patent

infringement in violation of the Patent Act of the United States, 35 U.S.C. §§ 1 et seq.
JURISDICTION AND VENUE
5.

This Court has subject matter jurisdiction of such federal question claims pursuant

to 28 U.S.C. §§ 1331 and 1338(a).
6.

Venue is proper under 28 U.S.C. §§ 1391(c) and 1400(b), in that the acts and

transactions complained of herein were conceived, carried out, made effective, or had effect
within the State of Delaware and within this district, among other places. On information and
belief, Defendants conduct business activities in this judicial district including regularly doing or
soliciting business, engaging in conduct and/or deriving substantial revenue from goods and
services provided to consumers in the State of Delaware and in this district.
7.

On information and belief, this Court has personal jurisdiction over Defendants.

Defendants conduct continuous and systematic business in Delaware and in this district by offering
to sell and/or selling mobile devices in this State in this district.
GENERAL OVERVIEW OF CELLULAR TELECOMMUNICATIONS
SYSTEMS AND THE RELATION TO THE PATENT-IN-SUIT
8.

At the highest level of operation, a cellular telecommunications system comprises,

at least, a mobile station and a base station.
9.

Mobile stations, also known as mobile devices, include cell phones, handsets,

smart phones, electronic readers, laptop cards, and other portable devices which enable a user to

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place and receive calls, send text and multimedia messages, or download or transmit files, media, or
other data, among other communication activities.
10.

Base stations, typically located on towers, are dispersed throughout geographic

locations. The mobile stations must communicate with the base stations before the mobile station
is allowed access to the cellular network.
11.

In 2008, the standards setting organization known as the Third Generation

Partnership Project (“3GPP”) developed a fourth generation (“4G”) standard known as the Long
Term Evolution Standard (“LTE”). The 4G LTE standard further expands the usability of mobile
devices, beyond the capabilities of the third generation of wireless network standards, also known
as “3G”, by expanding the potential number of simultaneous users and increasing the speeds at
which communication and data access occurs.
12.

Currently, all 4G networks and devices claiming to be LTE compliant must

comply with the standard as articulated by 3GPP.
13.

On March 22, 1999, GBT filed the „267 patent application and on June 3, 2003, the

United States Patent & Trademark Office duly and legally issued United States Letters Patent No.
6,574,267 Bl entitled “RACH-RAMP-UP ACKNOWLEDGEMENT” (“the „267 patent”). A true
and correct copy of the „267 patent is attached hereto as Exhibit A and incorporated herein by
reference.
14.

On December 15, 2009, after a full and fair re-examination of the „267 patent, the

United States Patent & Trademark Office duly and legally issued an Ex Parte Reexamination
Certificate Number 6,574,267 Cl entitled “RACH-RAMP-UP ACKNOWLEDGEMENT”. A
true and correct copy of the Ex Parte Reexamination Certificate Number 6,574,267 Cl (“the Re „267
patent”) is attached hereto as Exhibit B. The Patent-in-Suit claims certain aspects of the 4G LTE
standards required and articulated by 3GPP.
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15.

The Patent-in-Suit is directed toward methods and processes which are used by

mobile stations to establish communication between mobile stations and base stations over a
wireless communication network. The 4G LTE Standard, as promulgated by 3GPP, reads on
claims of the Patent-in-Suit. Accordingly, 4G LTE compliant devices, and the use of such devices,
infringe the Patent-in-Suit.
DEFENDANT RIM AND ITS
UNAUTHORIZED USE OF THE PATENT-IN-SUIT
16.

RIM designs and manufactures electronics and is perhaps best known as the

developer of the BlackBerry branded mobile devices used by millions of people worldwide.
17.

RIM makes, sells, offers for sale and/or imports certain mobile stations which are

configured to allow connection to 4G LTE compliant wireless networks. Those mobile stations
manufactured by RIM that are configured to allow connection to 4G LTE compliant wireless
networks include but are not limited to the 4G PLAYBOOK.
FIRST CLAIM FOR RELIEF AGAINST RIM FOR
INFRINGEMENT OF U.S. PATENT NO. 6,574,267 Cl
1-17.

Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1 -

17 of this Complaint as though fully set forth herein.
18.

Plaintiff GBT is the owner by assignment of the entire right, title, and interest,

including the right to enforce the Patent-in-Suit.
19.

RIM has directly and indirectly infringed, and continues to directly and indirectly

infringe the Patent-in-Suit by making, using, selling, and offering for sale in or importing into the
United States mobile station devices used within LTE compliant 4G wireless communication
networks, which embody or otherwise practice one or more of the claims of the Patent-in-Suit.
These mobile devices include but are not limited to the 4G PLAYBOOK. Upon information and
belief, RIM markets and sells its 4G LTE compliant mobile station devices to end users, either
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directly or through distributors, and such end users use the mobile station devices in direct
infringement of the patent in suit. Upon information and belief, RIM markets and distributes its 4G
LTE compliant mobile station devices based upon their 4G LTE compliant characteristics, RIM‟s
4G LTE compliant mobile station devices are especially designed to operate in a manner that
infringes the Patent-in-Suit, and RIM‟s 4G LTE compliant mobile station devices lack a substantial
non-infringing use.

In light of the foregoing, RIM has knowingly and intentionally directly

infringed, induced infringement, and/or contributorily infringed the Patent-in-Suit.
20.

As a direct and proximate result of RIM‟s activities directly infringing, inducing

and/or contributing to infringement of the Patent-in-Suit pursuant to 35 U.S.C. § 271(a), (b)
and/or (c), respectively, Plaintiff has been and continues to be damaged in an amount yet to be
determined.
21.

RIM has had actual notice of the Patent-in-Suit owned by GBT and its

infringement of the Patent-in-Suit since at least April 15, 2009, when GBT sent RIM a letter
offering RIM a license.
22.

RIM has not had, nor does it have a reasonable basis for believing that it had or

has the right to engage in the acts complained of herein.
23.

RIM‟s direct and indirect infringement has been willful and deliberate, making

this an exceptional case and justifying the award of treble damages pursuant to 35 U.S.C. § 284
and attorneys‟ fees pursuant to 35 U.S.C. § 285.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by a jury of twelve pursuant to Rule 38 of the Federal
Rules of Civil Procedure as to all issues in this lawsuit.

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
1.

For a judicial determination and declaration that Defendants have directly and

indirectly infringed and continue to so infringe the Patent-in-Suit by making, using, importing,
offering for sale, and/or selling mobile devices that are used to connect to LTE compliant 4G
wireless networks in the United States;
2.

For a judicial determination and decree that Defendants‟ infringement of the

Patent-in-Suit is willful;
3.

For damages resulting from Defendants‟ past and present infringement of the Patent-

in-Suit and the trebling of such damages because of the willful and deliberate nature of its
infringement;
4.

For a declaration that this is an exceptional case under 35 U.S.C. § 285 and for an

award of attorneys‟ fees and costs in this action;
5.

For an assessment of prejudgment interest; and

6.

For such other and further relief as the Court may deem just and proper under the

circumstances.

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DATED: April 13, 2012

MCCARTER & ENGLISH, LLP
_/s/ Daniel M. Silver_____________________
Michael P. Kelly (DE #2295)
Daniel M. Silver (DE #4758)
Renaissance Centre
405 N. King Street 8th Floor
Wilmington, DE 19801
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Golden Bridge Technology, Inc.

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