Honeywell International, Inc. v. Nest Labs, Inc. et al

Filing 1

COMPLAINT against Best Buy Co., Inc., Nest Labs, Inc. ( Filing fee $ 350 receipt number 62026.) assigned to Judge Susan Richard Nelson per Patent referred to Magistrate Judge Janie S. Mayeron. Filed by Honeywell International, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet) (MMP)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
HONEYWELL INTERNATIONAL, INC.,
Plaintiff,

Civil No. __________________

vs.
NEST LABS, INC., and BEST BUY CO.,
INC.,

COMPLAINT AND
DEMAND FOR JURY TRIAL

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Honeywell International, Inc. (“
Honeywell” for its Complaint against
),
Defendant Nest Labs, Inc. (“
Nest Labs” and Best Buy Co., Inc. (“
)
Best Buy” alleges as
),
follows:
1.

Honeywell is a global leader in thermostat technology and has developed

many key innovations present in thermostats today. Honeywell has numerous patents
covering many of its thermostat inventions and has commercialized many of its
inventions. Defendant Nest Labs is a company that has recently begun manufacturing,
promoting, and selling a thermostat that Nest Labs claims to have many innovative
features that Nest Labs developed. To the contrary, many of the key features of the Nest
Labs thermostat are, in fact, Honeywell inventions. Defendant Best Buy is a company
that has recently begun promoting and selling the Nest Labs thermostat. Nest Labs and
Best Buy have infringed and are infringing at least seven Honeywell patents through their
respective manufacture, use, sale, offer for sale, and/or importation of the thermostat.

Accordingly, Honeywell brings this action for patent infringement to redress the
misappropriation of Honeywell thermostat technology.
PARTIES
2.

Honeywell is a corporation organized and existing under the laws of the

state of Delaware, with its principal place of business in Morristown, New Jersey.
Honeywell is well-known for its long history of contributions to the environmental
comfort industry, including thermostats for use in homes and businesses. The division of
Honeywell that oversees the development and implementation of thermostats for homes
and businesses in the United States is located in Golden Valley, Minnesota.
3.

Nest Labs, on information and belief, is a corporation organized and

existing under the laws of the state of Delaware, with its principal place of business at
900 Hansen Way, Palo Alto, California 94303. Upon information and belief, Nest Labs
was founded by Tony Fadell and Matt Rogers, and is backed by significant investment
from Kleiner Perkins Caufield & Byers, Google Ventures, Lightspeed Venture Partners,
Intertrust, Shasta Ventures and Generation Investment Management.
4.

Best Buy, on information and belief, is a corporation organized and

existing under the laws of the state of Minnesota, with its principal place of business at
7601 Penn Avenue S., Richfield, Minnesota 55423.
JURISDICTION AND VENUE
5.

The claims alleged herein arise under the Patent Laws of the United States,

35 U.S.C. § 1, et seq.

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6.

This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. §§ 1331 and 1338(a).
7.

This Court has personal jurisdiction over Nest Labs. Nest Labs transacts

business in Minnesota, including but not limited to the sale of the accused product; Nest
Labs has specifically directed its activities to Minnesota; and acts of infringement have
occurred in and beyond Minnesota causing injury to Honeywell in Minnesota.
8.

This Court has personal jurisdiction over Best Buy. Best Buy is a

Minnesota corporation and transacts business in Minnesota, including but not limited to
the sale of the accused product, and acts of infringement have occurred in and beyond
Minnesota causing injury to Honeywell in Minnesota.
9.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b),

(c), and 1400(b).
BACKGROUND TO THE ACTION
10.

A thermostat is a portion of a heating, ventilation, air conditioning

(“
HVAC” system that traditionally controls the temperature (and more recently, other
)
variables) of a system. Users can use thermostats to see, set, or change various
parameters for their HVAC system. One example of a well-known parameter is whether
the HVAC system is set to “
heat”or “
cool.” Other examples of well-known parameters
include “
setpoint temperatures,”which are target temperatures for the controlled
environment.
11.

Honeywell has long been at the forefront of innovation in thermostat

technology. Honeywell commercialized the first adjustable thermostat that allowed
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people to sleep through the night without having to manually turn their furnaces on and
off to maintain a comfortable temperature. Honeywell’ iconic “
s
round”thermostat is
featured in the Smithsonian. Honeywell is a global leader in the development and sales
of innovative thermostats for home use that have novel functional, design, user interface,
and programming features.
12.

Honeywell has continued to innovate to bring progress and advancement to

HVAC controls, including thermostats. Through the past several decades, Honeywell has
obtained hundreds of patents on functional, user interface, and programming features of
thermostats, including but not limited to the patents asserted in this Complaint.
13.

Honeywell has also commercialized many products that embody its

patented innovations. Examples of Honeywell’ patented technology include
s
Honeywell’ Prestige® 2.0 Comfort Systems thermostats and Honeywell’ RedLINK™
s
s
Wireless Comfort Systems.
THE ASSERTED PATENTS
14.

Honeywell is the lawful owner of United States Patent No. 7,634,504 (the

“504 Patent” which was duly and legally issued by the United States Patent and
‘
),
Trademark Office on December 15, 2009. The ‘ Patent is entitled “
504
Natural Language
Installer Setup for Controller.” The inventions of the ‘ Patent generally pertain to,
504
among other things, inventions directed at simplified methods that use natural language
to decrease the time and complexity associated with programming of a thermostat. A
copy of the ‘ Patent is attached hereto as Exhibit 1.
504

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15.

Honeywell is the lawful owner of United States Patent No. 7,142,948 (the

“948 Patent” which was duly and legally issued by the United States Patent and
‘
),
Trademark Office on November 28, 2006. The ‘ Patent is entitled “
948
Controller
Interface With Dynamic Schedule Display.” The inventions of the ‘ Patent generally
948
pertain to, among other things, simplified methods for operating a thermostat, including
interfaces that reflect the time anticipated for the system to reach a particular setpoint or
target temperature. A copy of the ‘ Patent is attached hereto as Exhibit 2.
948
16.

Honeywell is the lawful owner of United States Patent No. 6,975,958 (the

“958 Patent” which was duly and legally issued by the United States Patent and
‘
),
Trademark Office on December 13, 2005. The ‘ Patent is entitled “
958
Profile Based
Method for Deriving a Temperature Setpoint Using a ‘
Delta’Based On Cross-Indexing a
Received Price-Point Level Signal.” The inventions of the ‘ Patent generally pertain
958
to, among other things, methods for reducing energy costs, including but not limited to
controlling a thermostat with information stored in a remote location. A copy of the ‘
958
Patent is attached hereto as Exhibit 3.
17.

Honeywell is the lawful owner of United States Patent No. 7,584,899 (the

“899 Patent” which was duly and legally issued by the United States Patent and
‘
),
Trademark Office on September 8, 2009. The ‘ Patent is entitled “
899
HVAC
Controller.” The inventions of the ‘ Patent generally pertain to, among other things,
899
an HVAC controller that has a rotatable part that may be used to control one or more
parameters of the HVAC system. A copy of the ‘ Patent is attached hereto as Exhibit
899
4.
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18.

Honeywell is the lawful owner of United States Patent No. 7,159,789 (the

“789 Patent” which was duly and legally issued by the United States Patent and
‘
),
Trademark Office on January 9, 2007. The ‘ Patent is entitled “
789
Thermostat with
Mechanical User Interface.” The inventions of the ‘ Patent generally pertain to,
789
among other things, apparatus for locating a non-rotating part or parts of a thermostat
near or inside of a rotating part, while still allowing the rotating part to set and/or control
one or more parameters of the thermostat. A copy of the ‘ Patent is attached hereto as
789
Exhibit 5.
19.

Honeywell is the lawful owner of United States Patent No. 7,159,790 (the

“790 Patent” which was duly and legally issued by the United States Patent and
‘
),
Trademark Office on January 9, 2007. The ‘ Patent is entitled “
790
Thermostat with
Offset Drive.” The inventions of the ‘ Patent generally pertain to, among other
790
things, apparatus for locating a non-rotating part or parts of a thermostat near or inside of
a rotating part, while still allowing the rotating part to set and/or control one or more
parameters of the thermostat. A copy of the ‘ Patent is attached hereto as Exhibit 6.
790
20.

Honeywell is the lawful owner of United States Patent No. 7,476,988 (the

“ Patent” which was duly and legally issued by the United States Patent and
988
),
Trademark Office on January 13, 2009. The ‘ Patent is entitled “
988
Power Stealing
Control Devices.” “
Power Stealing”is a term of art that generally refers to providing
power for the operation of a device such as a thermostat by diverting or “
skimming”a
small amount of charge from the electrical current powering the load to be controlled.
The inventions of the ‘ Patent generally pertain to, among other things, a switch and a
988
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circuit that divert power from the user’ home electrical system to provide power to a
s
thermostat.
21.

The ‘ Patent, ‘ Patent, ‘ Patent, ‘ Patent, ‘ Patent, ‘
504
948
958
899
789
790

Patent, and ‘ Patent are hereinafter collectively referred to as the “
988
Asserted Patents.”
ACTS GIVING RISE TO THE ACTION
22.

Upon information and belief, Nest Labs has been and is engaged in the use,

manufacture, importation, offer for sale, and/or sale of the Nest Learning Thermostat
(“
Nest Thermostat” throughout the United States, including in this judicial district. On
),
or about October 28, 2011, Nest Labs began pre-selling the Nest Thermostat on-line
through at least its own website, www.nest.com, and the Best Buy website,
www.bestbuy.com.
23.

Promotional materials associated with the launch of the Nest Thermostat

include the website, www.nest.com, videos, demonstrations, media interviews, articles,
and other marketing collateral such as brochures. These materials have been made
available to individuals nationwide, including those located in this District, in print and
on the Internet.
24.

In addition to selling the Nest Thermostat on-line, Best Buy also features

the Nest Thermostat in its Home Energy Departments nationwide. Upon information and
belief, Best Buy’ Home Energy Departments include displays dedicated to Nest
s
Thermostats, providing a Nest Thermostat, written materials, and a pre-recorded
demonstration video. In addition, Best Buy also offers installation of the Nest
Thermostat through its Geek Squad service.
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25.

Upon information and belief, prior to selling Nest Thermostats, Nest Labs

tested Nest Thermostats for use in Minneapolis, Minnesota. Upon information and
belief, Nest Thermostats have been ordered by and delivered to individuals in this
District. Individuals using the Nest Thermostat in Minnesota have posted comments and
reviews to various Internet sites.
26.

In their respective marketing materials, Nest Labs and Best Buy tout the

ease with which the Nest Thermostat can be programmed and used.
27.

For instance, Nest Labs highlights its use of easily understood sentences to

assist in the programming of the thermostat, thereby helping the user instruct the
thermostat about a homeowner’ preferences.
s
28.

Nest Labs and Best Buy promote various additional features of the Nest

Thermostat. One such feature is the “
Time to Temperature”function. Nest Labs and
Best Buy explain that the “
Time to Temperature”feature “
tells [the user] how long it will
take to reach your target temperature.” The Nest Thermostat video posted on
youtube.com, nest.com, and bestbuy.com, as well as printed marketing materials, reflects
a user setting a new target, i.e. setpoint, temperature of the Nest Thermostat, and the
subsequent display of the estimated amount of time necessary for the system to reach the
second setpoint temperature.
29.

Another feature of the Nest Thermostat promoted by Nest Labs and Best

Buy is its purported ability to be connected to the Internet, store private data related to a
particular user at a location remote from the Nest Thermostat itself, and control a Nest
Thermostat remotely through a Wi-Fi connection.
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30.

Other features promoted by Nest Labs and Best Buy are directed to the

mechanical user interface of the Nest Thermostat. The “
Nest Ring”is a rotatable selector
that allows users to change the parameters of the HVAC system, such as setpoint or
“
target”temperatures by rotating the Nest Ring, with a backlit LCD display.
31.

In addition, the Nest Thermostat demonstrates that it utilizes “
power

stealing”technology, i.e., it diverts power from the HVAC system to power itself to
minimize the required electrical lines between the thermostat and the HVAC system. In
comparing the Nest Thermostat with other smart thermostats, Nest founder Mr. Fadell
asserted that “ competitors can’ make low-power devices.”
our
t
32.

Individuals associated with Nest Labs, including Mr. Fadell and Mr.

Rogers, have repeatedly made other claims about the purported innovative design and
functionality of the Nest Thermostat, as compared to other programmable thermostats.
For example, Mr. Fadell is quoted as saying that “
thermostats are made by big companies
that don’ have any incentive to innovate”and that “
t
there’ been no real innovation in
s
decades.” Mr. Rogers is quoted as saying, “
Honeywell is not doing enough; we could do
much better.”
33.

Contrary to its claims, however, Nest Labs does not appear to have

originated either the design or the functionality of the Nest Thermostat. For example,
the Nest Thermostat looks strikingly similar to the temperature controller of the Kohler
Mira Platinum Wireless Shower product, subject to the European Union Community
Design Registration No. 001065023-0003:

-9-

34.

More importantly, key functional features at the core of the Nest

Thermostat are not the result of innovation by Nest Labs, but are the result of years of
research and development that culminated in valid and enforceable patents owned by
Honeywell. Based on its independent research based, in part, on surveys of homeowners,
Frost & Sullivan named Honeywell as the “
Overall Best Brand of Programmable
Thermostats”in the United States on September 14, 2011. See
http://www.fueloilnews.com/ME2/dirmod.asp?sid=C44BAE70771342548DF3F8B2F228
83E6&nm=News&type=news&mod=News&mid=9A02E3B96F2A415ABC72CB5F516B
4C10&tier=3&nid=04FB726DD38947D9ADA84633A52F5C20.
35.

For example, the Nest Thermostat’ use of questions to assist in
s

programming the thermostat infringes Honeywell’ intellectual property rights protected
s
by at least the ‘ Patent:
504

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36.

The fact that Honeywell offered a thermostat with a patented question

system was well-known in the industry. A third party reporting on the release of the Nest
Thermostat noted that, “
Honeywell itself offers thermostats like the Prestige® 2.0, which
uses a question system to program itself based on [a user’ habits and temperature
s]
preferences.” See http://www.tested.com/news/how-the-nest-actually-differs-from-othersmart-thermostats/3067/. Frost & Sullivan observed that “
[Honeywell’ Prestige™
s]
programmable thermostat incorporates a patented, interview-based interface that walks a
homeowner through the set-up process by asking a series of questions, such as ‘
what time
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does the first person wake-up in the morning?’or ‘
what time do you go to sleep at night?’
The answers help the thermostat program itself –no owner’ manual is needed. The
s
graphic user interface displays directions for each display screen and can be customized
to display in English, French or Spanish.” See
http://www.fueloilnews.com/ME2/dirmod.asp?sid=C44BAE70771342548DF3F8B2F228
83E6&nm=News&type=news&mod=News&mid=9A02E3B96F2A415ABC72CB5F516B
4C10&tier=3&nid=04FB726DD38947D9ADA84633A52F5C20.
37.

Similarly, the use of the Nest Thermostat’ “
s Time to Temperature”feature

infringes Honeywell’ intellectual property rights protected by at least the ‘ Patent.
s
948

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38.

Controlling a thermostat remotely through the Internet is also not a Nest

Labs’innovation. Rather, Nest Labs infringes Honeywell’ intellectual property rights
s
protected by at least the ‘ Patent with the Nest Thermostat used in conjunction with a
958
Nest Account:

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39.

The Nest Thermostat, featuring the Nest Ring, also infringes Honeywell’
s

intellectual property rights protected by at least the ‘
899, ‘
789, and ‘ Patents.
790
40.

Similarly, use of a power diversion circuit or “
power stealing”is not a Nest

Labs’innovation. The Nest Thermostat infringes Honeywell’ intellectual property
s
rights protected by at least the ‘ Patent.
988
41.

Nest Labs is well aware of Honeywell’ contributions to the thermostat
s

industry and Honeywell’ protection of its patented inventions. Upon information and
s
belief, Nest Labs engaged in research regarding thermostats, including but not limited to
research of Honeywell and its thermostats.
42.

Best Buy also sells Honeywell programmable thermostats.

43.

Media coverage of the Nest Thermostat includes pictures taken at Nest

Labs that show that Nest Labs examined numerous Honeywell thermostats. See
http://allthingsd.com/20111129/from-ipods-to-thermostats-nest-ceo-and-founder-tonyfadell-speaks-video/img_0513/. Indeed, each of the thermostats circled in red appears to
be a different Honeywell thermostat model –ranging from Honeywell’ digital round
s
thermostats, model numbers T8775C 1005 and T8775A 1009, to Honeywell’ Prestige®
s
thermostats that embody and are marked with the ‘ Patent.
504

-14-

Prestige
THX9321R5000

RTH7600D1006

T8775C1005

T8775A1009

RTH7400D1008 or
RTH7500D1007

RTHB1016

RTH7400D1008 or
RTH7500D1007

44.

Chronotherm IV
T8600/T8601/T8602
T8611/T8624

Chronotherm III
T8600/T8601/T8602
T8611/T8621/T8631

Prestige
THX9321R5000

Magicstat
T8112D1005
T8132/T8131

The Nest Thermostat also includes a notice that it is subject to “
Patents

Pending.” Upon information and belief, Nest Labs was required to perform at least
preliminary research regarding other potentially relevant patents of Honeywell in order to
file its own application(s).
45.

Therefore, Nest Labs knew, or should have known, contrary to its

marketing campaign, that Honeywell –not Nest Labs –is responsible for many of the

-15-

ideas that Nest Labs touts as revolutionary, and that many features of the Nest
Thermostat infringe Honeywell patents:

Infringes at least
Honeywell ‘ Patent
504

Infringes at least
Honeywell ‘ Patent
958

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Infringes at least
Honeywell ‘
899, ‘
789,
and ‘ Patents.
790
Infringes at least the
Honeywell ‘ Patent.
948

Infringes at least
the Honeywell ‘
988
Patent.

46.

Nest Labs is a well-funded, sophisticated company that was aware of

Honeywell’ thermostat technology prior to its introduction of the Nest Thermostat. On
s
information and belief, Nest Labs was either actually aware of the Asserted Patents or
was willfully blind in order not to become aware of the Asserted Patents. Nest Labs has

-17-

infringed and is infringing the Asserted Patents, making Nest Labs liable for direct and/or
indirect infringement under 35 U.S.C. § 271.
47.

In addition, at least as early as February 6, 2012, Nest Labs had knowledge

of the Asserted Patents and its allegedly infringing conduct. Similarly, at least as early as
the filing of this Complaint, Best Buy had knowledge of the Asserted Patents and its
allegedly infringing conduct.
COUNT I: INFRINGEMENT OF THE ‘ PATENT
504
(NEST LABS)
48.

Honeywell realleges and incorporates by reference paragraphs 1 through 47

as if fully stated herein.
49.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent by performing the steps of at least one claim of the ‘ Patent,
504
504
in violation of 35 U.S.C. § 271(a), by using the Nest Thermostat within the United States.
50.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(b) and/or (c) by actively inducing
504
others to infringe and/or contributing to the infringement by others to perform the steps of
at least one of the claims of the ‘ Patent by using the Nest Thermostat within the
504
United States.
51.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs’infringement of the ‘ Patent in an amount to be determined at trial.
504
52.

Honeywell has suffered irreparable harm as a result of Nest Labs’

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
504
Labs is enjoined from infringing the ‘ Patent.
504
-18-

COUNT II: INFRINGEMENT OF THE ‘ PATENT
948
(NEST LABS)
53.

Honeywell realleges and incorporates by reference paragraphs 1 through 52

as if fully stated herein.
54.

Nest Labs, on information and belief, is infringing the ‘ Patent in
948

violation of 35 U.S.C. § 271(a) by making, using, offering to sell, and/or selling the Nest
Thermostat, within the United States, and/or importing the Nest Thermostat into the
United States.
55.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(b) and/or (c) by actively inducing
948
others to infringe and/or contributing to the infringement by others in the using, offering
to sell, and/or selling the Nest Thermostat, within the United States.
56.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs’infringement of the ‘ Patent in an amount to be determined at trial.
948
57.

Honeywell has suffered irreparable harm as a result of Nest Labs’

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
948
Labs is enjoined from infringing the ‘ Patent.
948
COUNT III: INFRINGEMENT OF THE ‘ PATENT
958
(NEST LABS)
58.

Honeywell realleges and incorporates by reference paragraphs 1 through 57

as if fully stated herein.
59.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(a) by making, using, offering to
958
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sell, and/or selling the Nest Thermostat, within the United States, and/or importing the
Nest Thermostat into the United States, which is used in conjunction with the Nest
Account service provided and facilitated by Nest Labs.
60.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs’infringement of the ‘ Patent in an amount to be determined at trial.
958
61.

Honeywell has suffered irreparable harm as a result of Nest Labs’

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
958
Labs is enjoined from infringing the ‘ Patent.
958
COUNT IV: INFRINGEMENT OF THE ‘ PATENT
899
(NEST LABS)
62.

Honeywell realleges and incorporates by reference paragraphs 1 through 61

as if fully stated herein.
63.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(a) by making, using, offering to
899
sell, and/or selling the Nest Thermostat, within the United States, and/or importing the
Nest Thermostat into the United States.
64.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(b) and/or (c) by actively inducing
899
others to infringe and/or contributing to the infringement by others in the using, offering
to sell, and/or selling of the Nest Thermostat, within the United States.
65.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs’infringement of the ‘ Patent in an amount to be determined at trial.
899

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66.

Honeywell has suffered irreparable harm as a result of Nest Labs’

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
899
Labs is enjoined from infringing the ‘ Patent.
899
COUNT V: INFRINGEMENT OF THE ‘ PATENT
789
(NEST LABS)
67.

Honeywell realleges and incorporates by reference paragraphs 1 through 66

as if fully stated herein.
68.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(a) by making, using, offering to
789
sell, and/or selling the Nest Thermostat, within the United States, and/or importing the
Nest Thermostat into the United States.
69.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(b) and/or (c) by actively inducing
789
others to infringe and/or contributing to the infringement by others in the using, offering
to sell, and/or selling of the Nest Thermostat, within the United States.
70.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs’infringement of the ‘ Patent in an amount to be determined at trial.
789
71.

Honeywell has suffered irreparable harm as a result of Nest Labs’

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
789
Labs is enjoined from infringing the ‘ Patent.
789
72.

Honeywell has complied with the provisions of 35 U.S.C. § 287(a).

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COUNT VI: INFRINGEMENT OF THE ‘ PATENT
790
(NEST LABS)
73.

Honeywell realleges and incorporates by reference paragraphs 1 through 72

as if fully stated herein.
74.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(a) by making, using, offering to
790
sell, and/or selling the Nest Thermostat, within the United States, and/or importing the
Nest Thermostat into the United States.
75.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(b) and/or (c) by actively inducing
790
others to infringe and/or contributing to the infringement by others in the using, offering
to sell, and/or selling of the Nest Thermostat, within the United States.
76.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs’infringement of the ‘ Patent in an amount to be determined at trial.
790
77.

Honeywell has suffered irreparable harm as a result of Nest Labs’

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
790
Labs is enjoined from infringing the ‘ Patent.
790
78.

Honeywell has complied with the provisions of 35 U.S.C. § 287(a).
COUNT VII: INFRINGEMENT OF THE ‘ PATENT
988
(NEST LABS)

79.

Honeywell realleges and incorporates by reference paragraphs 1 through 78

as if fully stated herein.

-22-

80.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(a) by making, using, offering to
988
sell, and/or selling the Nest Thermostat, within the United States, and/or importing the
Nest Thermostat into the United States.
81.

Nest Labs, on information and belief, has infringed and continues to

infringe the ‘ Patent in violation of 35 U.S.C. § 271(b) or (c) by contributing to the
988
infringement by others in the using, offering to sell, and/or selling of the Nest
Thermostat, within the United States.
82.

Honeywell has suffered and will suffer monetary damages as a result of

Nest Labs infringement of the ‘ Patent in an amount to be determined at trial.
988
83.

Honeywell has suffered irreparable harm as a result of Nest Labs

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Nest
988
Labs is enjoined from infringing the ‘ Patent.
988
84.

Honeywell has complied with the provisions of 35 U.S.C. § 287(a).
COUNT VIII: INFRINGEMENT OF THE ‘ PATENT
948
(BEST BUY)

85.

Honeywell realleges and incorporates by reference paragraphs 1 through 84

as if fully stated herein.
86.

Best Buy, on information and belief, is infringing the ‘ Patent in
948

violation of 35 U.S.C. § 271(a) by using, offering to sell, and/or selling the Nest
Thermostat, within the United States.
87.

Honeywell has suffered and will suffer monetary damages as a result of

Best Buy’ infringement of the ‘ Patent in an amount to be determined at trial.
s
948
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88.

Honeywell has suffered irreparable harm as a result of Best Buy’
s

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Best
948
Buy is enjoined from infringing the ‘ Patent.
948
COUNT IX: INFRINGEMENT OF THE ‘ PATENT
899
(BEST BUY)
89.

Honeywell realleges and incorporates by reference paragraphs 1 through 88

as if fully stated herein.
90.

Best Buy, on information and belief, has infringed and continues to infringe

the ‘ patent in violation of 35 U.S.C. § 271(a) by using, offering to sell, and/or selling
899
the Nest Thermostat, within the United States.
91.

Honeywell has suffered and will suffer monetary damages as a result of

Best Buy’ infringement of the ‘ Patent in an amount to be determined at trial.
s
899
92.

Honeywell has suffered irreparable harm as a result of Best Buy’
s

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Best
899
Buy is enjoined from infringing the ‘ Patent.
899
COUNT X: INFRINGEMENT OF THE ‘ PATENT
789
(BEST BUY)
93.

Honeywell realleges and incorporates by reference paragraphs 1 through 92

as if fully stated herein.
94.

Best Buy, on information and belief, has infringed and continues to infringe

the ‘ Patent in violation of 35 U.S.C. § 271(a) by using, offering to sell, and/or selling
789
the Nest Thermostat, within the United States.

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95.

Honeywell has suffered and will suffer monetary damages as a result of

Best Buy’ infringement of the ‘ Patent in an amount to be determined at trial.
s
789
96.

Honeywell has suffered irreparable harm as a result of Best Buy’
s

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Best
789
Buy is enjoined from infringing the ‘ Patent.
789
97.

Honeywell has complied with the provisions of 35 U.S.C. § 287(a).
COUNT XI: INFRINGEMENT OF THE ‘ PATENT
790
(BEST BUY)

98.

Honeywell realleges and incorporates by reference paragraphs 1 through 97

as if fully stated herein.
99.

Best Buy, on information and belief, has infringed and continues to infringe

the ‘ Patent in violation of 35 U.S.C. § 271(a) by using, offering to sell, and/or selling
790
the Nest Thermostat, within the United States.
100.

Honeywell has suffered and will suffer monetary damages as a result of

Best Buy’ infringement of the ‘ Patent in an amount to be determined at trial.
s
790
101.

Honeywell has suffered irreparable harm as a result of Best Buy’
s

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Best
790
Buy is enjoined from infringing the ‘ Patent.
790
102.

Honeywell has complied with the provisions of 35 U.S.C. § 287(a).
COUNT XII: INFRINGEMENT OF THE ‘ PATENT
988
(BEST BUY)

103.

Honeywell realleges and incorporates by reference paragraphs 1 through

102 as if fully stated herein.
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104.

Best Buy, on information and belief, has infringed and continues to infringe

the ‘ Patent in violation of 35 U.S.C. § 271(a) by using, offering to sell, and/or selling
988
the Nest Thermostat, within the United States.
105.

Honeywell has suffered and will suffer monetary damages as a result of

Best Buy’ infringement of the ‘ Patent in an amount to be determined at trial.
s
988
106.

Honeywell has suffered irreparable harm as a result of Best Buy’
s

infringement of the ‘ Patent and will continue to suffer irreparable harm unless Best
988
Buy is enjoined from infringing the ‘ Patent.
988
107.

Honeywell has complied with the provisions of 35 U.S.C. § 287(a).
PRAYER FOR RELIEF

WHEREFORE, Honeywell respectfully requests this Court:

A.

To enter judgment that Nest Labs has infringed the Asserted Patents in

violation of 35 U.S.C. § 271(a), (b), and/or (c);
B.

To enter orders enjoining Nest Labs, and its respective officers, agents,

servants, employees, and attorneys, and all persons in active concert or participation with
any of the foregoing, who receive actual notice by personal service or otherwise of the
orders, from infringing the Asserted Patents in violation of 35 U.S.C. § 271(a), (b), and/or
(c);
C.

To award Honeywell its respective damages in amounts sufficient to

compensate it for Nest Labs’infringement of the Asserted Patents, together with
pre-judgment and post-judgment interest and costs, pursuant to 35 U.S.C. § 284;

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D.

To enter judgment that Best Buy has infringed the ‘
948, ‘
899, ‘
789, ‘
790,

and ‘ Patents in violation of 35 U.S.C. § 271(a);
988
E.

To enter orders enjoining Best Buy, and its respective officers, agents,

servants, and employees, and attorneys, and all persons in active concert or participation
with any of the foregoing, who receive actual notice by personal service or otherwise of
the orders, from infringing the ‘
948, ‘
899, ‘
789, ‘
790, and ‘ Patents in violation of 35
988
U.S.C. § 271(a);
F.

To award Honeywell its respective damages in amounts sufficient to

compensate it for Best Buy’ infringement of the Asserted Patents, together with
s
pre-judgment and post-judgment interest and costs, pursuant to 35 U.S.C. § 284;
G.

To declare this case to be “
exceptional”under 35 U.S.C. § 285 and to

award Honeywell its attorneys’fees, expenses, and costs incurred in this action; and
H.

To award Honeywell such other and further relief as this Court deems just

and proper.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff
Honeywell respectfully requests a trial by jury of any and all issues on which a trial by
jury is available under applicable law.

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