Delaware Radio Technologies LLC et al v. Tesla Motors Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Tesla Motors Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1411796.) - filed by Wyncomm LLC, Delaware Radio Technologies LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(els)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DELAWARE RADIO TECHNOLOGIES,
LLC and WYNCOMM, LLC,
Civil Action No. ___________________
Plaintiffs,
v.

JURY TRIAL DEMANDED

TESLA MOTORS, INC.,
Defendant.

COMPLAINT FOR PATENT INFRINGEMENT
Delaware Radio Technologies, LLC and Wyncomm, LLC (“Plaintiffs”), by way of this
Complaint for Patent Infringement (“Complaint”) against Tesla Motors, Inc. (“Defendant” or
“Tesla”), allege as follows:
NATURE OF THE ACTION
1.

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

United States, 35 U.S.C. § 1 et seq.
THE PARTIES
2.

Plaintiff Delaware Radio Technologies, LLC (“Delaware Radio”) is a limited

liability company organized under the laws of the State of Delaware with a place of business at
1209 Orange Street, Wilmington, Delaware 19801.
3.

Plaintiff Wyncomm, LLC (“Wyncomm”) is a limited liability company organized

under the laws of the State of Delaware with a place of business at 113 Barksdale Professional
Center, Newark, Delaware 19711.

4.

Upon information and belief, Defendant, is a corporation organized under the

laws of Delaware, with its principal place of business at 3500 Deer Creek Road, Palo Alto,
California, 94304, and a registered agent at The Corporation Trust Company, 1209 Orange
Street, Wilmington, Delaware, 19801.
JURISDICTION AND VENUE
5.

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

United States, 35 U.S.C. § 271, et seq.
6.

This Court has subject matter jurisdiction over this action under 28 U.S.C. §§

1331 and 1338(a).
7.

This Court has personal jurisdiction over Defendant at least because Defendant

has ongoing and systematic contacts with this District and the United States. Specifically,
Defendant is a corporation organized under the laws of Delaware, has a registered agent for
service of process in Delaware, and has thereby availed itself of the privileges and the
protections of the laws of the State of Delaware. Defendant sells and/or offers to sell products
and/or services throughout the United States, including in this Judicial District.

Further,

Defendant introduces infringing products and/or services into the stream of commerce knowing
that they would be sold in this Judicial District and elsewhere in the United States.
8.

Venue is proper in this District under 28 U.S.C. §§ 1400 (b) and 1391.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,506,866

9.

The allegations set forth in the foregoing paragraphs 1 through 8 are hereby

realleged and incorporated herein by reference.
10.

On April 9, 1996, U.S. Patent No. 5,506,866 (the “’866 Patent”), entitled “Side-

Channel Communications in Simultaneous Voice and Data Transmission,” was duly and legally

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issued by the United States Patent and Trademark Office. A true and correct copy of the ’866
Patent is attached as Exhibit A to this Complaint.
11.

Wyncomm is the owner of any and all right, title, and interest in and to the patent

excluding the field of HD Radio and any related technology.
12.

Delaware Radio is the exclusive licensee of the ’866 Patent in the field of HD

Radio, including the exclusive right to assert all causes of action arising under said patent in the
field of HD Radio and any related technology and the right to any remedies for infringement of it.
13.

In violation of 35 U.S.C. § 271, Defendant, including its affiliates, has directly

infringed and continues to directly infringe, both literally and under the doctrine of equivalents,
one or more claims of the ’866 Patent by, without limitation, making, using, importing, selling
and/or offering for sale automobiles, including but not limited to the Tesla Model S, equipped to
receive HD Radio broadcasts further described in the IBOC Digital Radio Broadcasting Standard
(the “Accused Instrumentalities”).
14.

Because of Defendant’s infringement of the ’866 Patent, Plaintiffs have suffered

damages and will continue to suffer damages in the future.
15.

Defendant will be deemed to have knowledge of the ’866 Patent and its

infringement thereof at least as of the filing date of this Complaint.
COUNT II – INFRINGEMENT OF U.S. PATENT NO. 5,642,379
16.

The allegations set forth in the foregoing paragraphs 1 through 15 are hereby

realleged and incorporated herein by reference.
17.

On June 24, 1997, U.S. Patent No. 5,642,379 (the “’379 Patent”), entitled

“Technique for Modulating Orthogonal Signals with One or More Analog or Digital Signals,”

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was duly and legally issued by the United States Patent and Trademark Office. A true and
correct copy of the ’379 Patent is attached as Exhibit B to this Complaint.
18.

Delaware Radio is the assignee and owner of the right, title and interest in and to

the ’379 Patent, including the right to assert all causes of action arising under said patent and the
right to any remedies for infringement of it.
19.

In violation of 35 U.S.C. § 271(a), Defendant, including its affiliates, has directly

infringed and continues to directly infringe, both literally and under the doctrine of equivalents,
one or more claims of the ’379 Patent by, without limitation, making, using, importing, selling
and/or offering for sale automobiles, including but not limited to the Accused Instrumentalities,
equipped to receive HD Radio broadcasts further described in the IBOC Digital Radio
Broadcasting Standard.
20.

Because of Defendant’s infringement of the ’379 Patent, Plaintiff Delaware Radio

Technologies, LLC have suffered damages and will continue to suffer damages in the future.
21.

Defendant will be deemed to have knowledge of the ’379 Patent and its

infringement thereof at least as of the filing date of this Complaint.
22.

At least as of the filing of this Complaint, in violation of 35 U.S.C. § 271(b),

Defendant, including its affiliates and dealerships, is, on information and belief, inducing
infringement, both literally and under the doctrine of equivalents, of one or more claims of the
’379 Patent by, without limitation, making, using, importing, selling and/or offering for sale
automobiles, including but not limited to the Accused Instrumentalities, equipped to receive HD
Radio broadcasts further described in the IBOC Digital Radio Broadcasting Standard for use by
its customers and others. Upon information and belief, Defendant’s customers and others have
infringed and are continuing to infringe the ’379 Patent.

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JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand a trial by
jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand judgment for themselves and against Defendant as
follows:
A.

An adjudication that Defendant has infringed the ’866 and ’379 Patents;

B.

An award of damages to be paid by Defendant adequate to compensate Plaintiffs

for its past infringement of the ’866 and ’379 Patents, and any continuing or future infringement
through the date such judgment is entered, including interest, costs, and expenses;
C.

An accounting of all infringing acts including, but not limited to, those acts not

presented at trial and an award for Plaintiffs’ damages for any such acts;
D.

A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of

Plaintiffs’ reasonable attorneys’ fees; and
E.

An award to Plaintiffs of such further relief at law or in equity as the Court deems

just and proper.

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Dated: November 20, 2013

Respectfully submitted,
STAMOULIS & WEINBLATT LLC
/s/ Richard C. Weinblatt
Richard C. Weinblatt #5080
[e-mail]
Stamatios Stamoulis #4606
[e-mail]
Two Fox Point Centre
6 Denny Road, Suite 307
Wilmington, DE 19809
Telephone: [phone]
Attorneys for Plaintiffs
Delaware Radio Technologies, LLC
and Wyncomm, LLC

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