Hunts Point Ventures, Inc. v. Research in Motion Limited et al

Filing 1

PATENT COMPLAINT against Research in Motion Corporation, Research in Motion Limited (Filing Fee $350, receipt number 0758-977642) filed by Hunts Point Ventures, Inc. PATENTS AT ISSUE: Patent # 7,667,123, issued 02/23/10, held by Hunts Point Ventures, Inc. (Attachments: # 1 Exhibit A - U.S. Patent No. 7,667,123, # 2 JS-44 Civil Cover Sheet, # 3 Report on Filing Patent/Trademark Action, # 4 Summons Research In Motion Limited, # 5 Summons Research In Motion Corporation) (Linke, Derek) Modified on 5/4/2012. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
HUNTS POINT VENTURES, INC.
Plaintiff,

CASE NO. 12-cv-307

v.

DEMAND FOR JURY TRIAL

RESEARCH IN MOTION LIMITED and
RESEARCH IN MOTION CORPORATION,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Hunts Point Ventures, Inc. hereby alleges for its complaint against
defendants Research In Motion Limited and Research In Motion Corporation (together,
“RIM”) on personal information as to Plaintiff’s own activities, and upon information
and belief as to the activities of others, as follows:
NATURE OF THE ACTION
1.

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

the United States, Title 35 of the United States Code.
PARTIES
2.

Plaintiff HUNTS POINT VENTURES is a Washington corporation with

its principal place of business in Washington State.
3.

Hunts Point Ventures is the owner of U.S. Patent No. 7,667,123 (“the ’123

Patent”), entitled “System and Method for Musical Playlist Selection in a Portable Audio
Device”, issued February 23, 2010 (copy attached as Exhibit A).

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4.

Hunts Point Ventures is the owner of the entire right, title, and interest in

the ’123 Patent and has standing to sue for all past, present, and future infringement of
the ’123 Patent.
5.

Upon information and belief, Defendant RESEARCH IN MOTION

LIMITED is a Canadian corporation with its principal place of business at 259 Phillip
Street, Waterloo, Ontario, N2L 3W8 Canada. Upon information and belief, Research In
Motion Limited, on its own behalf or through one or more subsidiaries, affiliates,
business divisions, or business units transacts business and provided to customers in this
judicial district and throughout the State of Wisconsin products that infringe and/or
induce infringement of, and/or contribute to infringement of, claim 1 of the ’123 Patent.
6.

Upon information and belief, Defendant RESEARCH IN MOTION

CORPORATION is a Delaware corporation with its principal place of business at 122
West John Carpenter Parkway, Suite 430, Irving, TX 75039. Upon information and
belief, Research In Motion Corporation on its own behalf or through one or more
subsidiaries, affiliates, business divisions, or business units transacts business and
provided to customers in this judicial district and throughout the State of Wisconsin
products that infringe and/or induce infringement of, and/or contribute to infringement of,
claim 1 of the ’123 Patent. On information and belief, Research In Motion Corporation is
a wholly-owned subsidiary of Research In Motion Limited and exists for the purpose of
conducting Research In Motion Limited’s business throughout the United States.
7.

Upon information and belief, RIM manufactures, imports into the United

States, sells, offers for sale, and/or uses portable media player products that infringe
claim 1 of the ’123 Patent, including the following (collectively, the “Black Berry

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Handsets”): BlackBerry 8800 Series 8800, 8820, 8830; BlackBerry Bold 9650
BlackBerry Bold 9790; BlackBerry Curve 9330; BlackBerry Curve 9300; BlackBerry
Curve 8980; BlackBerry Curve 8350i; BlackBerry Curve 8330; BlackBerry Pearl
8130/8230; BlackBerry Storm 9500/9530; BlackBerry Storm2 9520/9550; BlackBerry
Style 9670; BlackBerry Torch 9850/9860; BlackBerry Torch 9810; BlackBerry Torch
9800; and BlackBerry Tour 9630.
8.

Upon information and belief, the BlackBerry Handsets are or have been

offered for sale to customers in this judicial district and throughout the State of
Wisconsin.
JURISDICTION AND VENUE
9.

This Court has exclusive subject matter jurisdiction over this action

pursuant to 28 U.S.C. §§ 1331 and 1338(a).
10.

Personal jurisdiction over Defendants is proper in this court. Venue is

proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c) and/or 1400(b).
DEFENDANT’S INFRINGEMENT OF THE ’123 PATENT
11.

Upon information and belief, Defendant RIM has infringed and continues

to infringe the ’123 Patent under 35 U.S.C. § 271(a) by making, using, modifying,
upgrading, performing quality control, and providing support for its BlackBerry
Handsets.
12.

Upon information and belief, RIM has also been and is directly infringing

the ’123 Patent under 35 U.S.C. § 271(a) by selling, offering for sale, and/or importing
into the United States BlackBerry Handsets that infringe claim 1 of the ’123 patent.

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13.

Upon information and belief, RIM’s customers and other users of

Defendant’s BlackBerry Handsets and the services provided by means of those products,
have been and are directly infringing claim 1 of the ’123 Patent under 35 U.S.C. § 271(a).
14.

Upon information and belief, RIM has been and is actively inducing

infringement of claim 1 of the ’123 Patent under 35 U.S.C. § 271(b) by providing to
customers, including customers in this judicial district, its BlackBerry Handsets, as well
as services provided by means of its BlackBerry Handsets, along with instructions and
directions that result in the use of the invention disclosed and claimed in the ’123 Patent.
On information and belief, Defendant knew, or should have known, that its customers
and other users of its BlackBerry Handsets would use Defendant’s BlackBerry Handsets
to infringe the ’123 Patent and intended such infringement.
15.

Upon information and belief, RIM has been and is contributorily

infringing claim 1 of the ’123 Patent under 35 U.S.C. § 271(c) by making, selling, and/or
offering for sale to customers, including customers in this judicial district, its BlackBerry
Handsets, as well as services provided by means of its BlackBerry Handsets. Defendant’s
BlackBerry Handsets are a material part of the invention claimed in the ’123 patent, are
not staple articles or commodities of commerce, and have no substantial non-infringing
use. Upon information and belief, Defendant knew, or should have known, that its
BlackBerry Handsets were especially made or adapted for an infringing use.
16.

Defendant RIM’s infringement, contributory infringement, and

inducement to infringe the ’123 Patent has been willful and has deliberately injured and
will continue to injure Hunts Point Ventures unless and until the Court enters a
preliminary and permanent injunction prohibiting further infringement and, specifically,

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enjoining further manufacture, use, importation, sale, and/or offer for sale of products
that infringe the ’123 Patent.
CAUSE OF ACTION
INFRINGEMENT OF U.S. PATENT NO. 7,667,123
17.

Defendant RIM has infringed and is infringing the ’123 Patent by making,

using, offering for sale, and selling in the United States, without authority, products that
infringe claim 1 of the ’123 Patent.
18.

Defendant’s infringement of the ’123 Patent is willful and deliberate,

justifying an increase of damages of up to three times under 35 U.S.C. § 284.
19.

Defendant’s infringement of the ’123 Patent is exceptional and entitles

Hunts Point Ventures to attorneys’ fees and costs incurred in prosecuting this action
under 35 U.S.C. § 285.
20.

Defendant’s acts of infringement have caused damage to Hunts Point

Ventures, and Hunts Point Ventures is entitled to recover from Defendant compensation
as a result of Defendant’s wrongful acts in an amount subject to proof at trial, injunctive
relief, and such other relief as may be appropriate.
DEMAND FOR JURY TRIAL
21.

Hunts Point Ventures demands a trial by jury under Federal Rule of Civil

Procedure 38(b).
RELIEF REQUESTED
WHEREFORE, Hunts Point Ventures asks this Court to enter judgment against
RIM and its subsidiaries, affiliates, agents, servants, and employees and all persons in
active concert or participation with them, granting the following relief:

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A.

A judgment or order declaring that Defendant has infringed, induced
others to infringe, and/or contributorily infringed the ’123 Patent;

B.

A judgment, order, or award of damages adequate to compensate Hunts
Point Ventures for Defendant’s infringement of the ’123 Patent, based on
lost sales, lost profits, price erosion, loss of market share, or any other
applicable theory, together with prejudgment interest from the date
infringement of the ’123 Patent began;

C.

Preliminary and permanent injunctions prohibiting further infringement,
inducement, and contributory infringement of the ’123 Patent;

D.

A finding that this case is exceptional and an award to Hunts Point
Ventures of its attorneys’ fees and costs as provided by 35 U.S.C. § 285;

E.

Increased damages as permitted by 35 U.S.C. § 284, together with
prejudgment interest; and

F.

Such other and further relief as this Court or a jury may deem proper and
just.

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Dated May 3, 2012.

Respectfully Submitted,
NEWMAN DU WORS LLP
s/ Derek Linke
John Du Wors
Derek Linke
1201 Third Avenue, Suite 1600
Seattle, WA 98101
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Hunts Point Ventures, Inc.

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