Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 1 of 8 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF ALABAMA
`MOBILE DIVISION
`
`HAWK TECHNOLOGY SYSTEMS, LLC,
`
`Plaintiff,
`
`v.
`
`CITY OF MOBILE and
`LADD-PEEBLES STADIUM,
`
`Defendants.
`
`Civil Action No. ______________
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`COMES NOW, Plaintiff, Hawk Technology Systems, LLC,
`
`files
`
`this
`
`Complaint for patent
`
`infringement against Defendants, City of Mobile and Ladd-
`
`Peebles Stadium, and alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for patent infringement arising under 35 U.S.C. §§ 271,
`
`281, 283, 284, and 285 to prevent and enjoin Defendants, City of Mobile and Ladd-Peebles
`
`Stadium, from infringing United States Patent No. 10,499,091 (the “'091 Patent”), attached
`
`hereto as Exhibit “A” and incorporated by reference, and to recover damages, attorneys'
`
`fees, and costs.
`
`PARTIES
`
`2.
`
`Hawk Technology Systems, LLC (“Hawk”), is a limited liability company
`
`organized and existing under the laws of the state of Florida and maintains its principal
`
`place of business at 2 South Biscayne Blvd., Suite 3800, Miami, Florida 33131.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF ALABAMA
`MOBILE DIVISION
`
`HAWK TECHNOLOGY SYSTEMS, LLC,
`
`Plaintiff,
`
`v.
`
`CITY OF MOBILE and
`LADD-PEEBLES STADIUM,
`
`Defendants.
`
`Civil Action No. ______________
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`COMES NOW, Plaintiff, Hawk Technology Systems, LLC,
`
`files
`
`this
`
`Complaint for patent
`
`infringement against Defendants, City of Mobile and Ladd-
`
`Peebles Stadium, and alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for patent infringement arising under 35 U.S.C. §§ 271,
`
`281, 283, 284, and 285 to prevent and enjoin Defendants, City of Mobile and Ladd-Peebles
`
`Stadium, from infringing United States Patent No. 10,499,091 (the “'091 Patent”), attached
`
`hereto as Exhibit “A” and incorporated by reference, and to recover damages, attorneys'
`
`fees, and costs.
`
`PARTIES
`
`2.
`
`Hawk Technology Systems, LLC (“Hawk”), is a limited liability company
`
`organized and existing under the laws of the state of Florida and maintains its principal
`
`place of business at 2 South Biscayne Blvd., Suite 3800, Miami, Florida 33131.
`
`
`
`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 2 of 8 PageID #: 2
`
`3.
`
`Defendant, City of Mobile, is a municipal corporation formed under the laws
`
`and rules of the State of Alabama, and is located in the City of Mobile. The City of Mobile
`
`may be served with process by and through it’s City Clerk, Lisa C. Lambert, Government
`
`Plaza - South Tower, 9th Floor, 205 Government Street, Mobile, Alabama 36633.
`
`4.
`
`Defendant, Ladd-Peebles Stadium (“LPS”) is a property owned and operated
`
`by Defendant, City of Mobile, and managed by a Board of Directors, operating in Mobile
`
`County, Alabama. Ladd-Peebles Stadium may be served with process by and through the
`
`City Clerk of Mobile, Lisa C. Lambert, Government Plaza - South Tower, 9th Floor, 205
`
`Government Street, Mobile, Alabama 36633.
`
`JURISDICTION AND VENUE
`
`5.
`
`Pursuant to 28 U.S.C. §§ 1331 and 1338 (a), this Court has original jurisdiction
`
`over the subject matter of this action because this is an action arising under the Patent Laws
`
`of the United States, 35 U.S.C. § 1 et. seq.
`
`6.
`
`This Court has personal jurisdiction over Defendants because Defendants
`
`operates, conducts, engages in and/or carries on business in this district.
`
`7.
`
`Venue is proper in this district under federal law including 28 U.S.C. §§
`
`1391(b)-(c) and 1400(b) and TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.
`
`Ct. 1517 (2017).
`
`GENERAL ALLEGATIONS
`
`8.
`
`Hawk Technology Systems was formed in 2012 to commercialize the
`
`inventions of its founder, Barry Schwab.
`
`-2-
`
`
`
`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 3 of 8 PageID #: 3
`
`9.
`
`On December 3, 2019, the United States Patent and Trademark Office, after
`
`a fair and full examination, duly issued the '091 Patent, entitled "HIGH QUALITY,
`
`REDUCED DATA RATE STEAMING VIDEO PRODUCTION AND MONITORING
`
`SYSTEM."
`
`10. Mr. Ken Washino and Mr. Schwab invented what is claimed by the '091
`
`Patent.
`
`11. Mr. Washino and Mr. Schwab have collaborated on myriad pioneering
`
`inventions resulting in patents in the areas of video production, transmission, archiving,
`
`and downloading, and even digital cinema.
`
`12. Mr. Schwab also is a named inventor on more than forty patents, ranging
`
`from consumer products to secure network computing.
`
`13.
`
`Hawk has the right to exclude others and to enforce, sue and recover
`
`damages for past and future infringement of the '091 Patent.
`
`14.
`
`Claim 1 of the '091 Patent states:
`
`A method of viewing, on a remote viewing device of a video
`surveillance system, multiple simultaneously displayed and stored
`video images, comprising the steps of:
`
`receiving video images at a personal computer based
`system from a plurality of video sources, wherein each
`of the plurality of video sources comprises a camera of
`the video surveillance system;
`
`digitizing any of the images not already in digital form
`using an analog-to-digital converter;
`
`-3-
`
`
`
`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 4 of 8 PageID #: 4
`
`displaying one or more of the digitized images in
`separate windows on a personal computer based
`display device, using a first set of temporal and spatial
`parameters associated with each image in each window;
`
`converting one or more of the video source images into
`a selected video format in a particular resolution, using
`a second set of temporal and spatial parameters
`associated with each image;
`
`contemporaneously storing at least a subset of the
`converted images in a storage device in a network
`environment;
`
`providing a communications link to allow an external
`viewing device to access the storage device;
`
`receiving, from a remote viewing device remoted
`located remotely from the video surveillance system, a
`request to receive one or more specific streams of the
`video images;
`
`transmitting, either directly from one or more of the
`plurality of video sources or from the storage device
`over the communication link to the remote viewing
`device, and in the selected video format in the particular
`resolution,
`the selected video
`format being a
`progressive video format which has a frame rate of less
`than substantially 24 frames per second using a third set
`of temporal and spatial parameters associated with each
`image, a version or versions of one or more of the video
`images to the remote viewing device, wherein the
`communication link traverses an external broadband
`connection between the remote computing device and
`the network environment; and
`
`displaying only the one or more requested specific
`streams of the video images on the remote computing
`device.
`
`See Ex. A at 8:31-9:5.
`
`-4-
`
`
`
`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 5 of 8 PageID #: 5
`
`15.
`
`Claim 6 of the '091 Patent states A method of viewing, on a remote viewing
`
`device of a video surveillance system, multiple simultaneously displayed and stored video
`
`images, comprising the steps of:
`
`receiving video images at a personal computer based system from a
`plurality of video sources, wherein each of the plurality of video
`sources comprises a camera of the video surveillance system;
`
`digitizing any of the images not already in digital form using an
`analog-to-digital converter;
`
`displaying one or more of the digitized images in separate windows
`on a personal computer based display device, using a first set of
`temporal and spatial parameters associated with each image in each
`window;
`
`converting one or more of the video source images into a selected
`video format in a particular resolution, using a second set of temporal
`and spatial parameters associated with each image;
`
`contemporaneously storing at least a subset of the converted images
`in a storage device in a network environment;
`
`providing a communications link to allow an external viewing device
`to access the storage device;
`
`receiving, from a remote viewing device remoted located remotely
`from the video surveillance system, a request to receive one or more
`specific streams of the video images;
`
`transmitting, either directly from one or more of the plurality of video
`sources or from the storage device over the communication link
`traversing the Internet to the remote viewing device, and in the
`selected video format in the particular resolution, the selected video
`format being a progressive video format which has a frame rate of less
`than substantially 24 frames per second using a third set of temporal
`and spatial parameters associated with each image, a version or
`versions of one or more of the video images to the remote viewing
`device; and
`
`-5-
`
`
`
`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 6 of 8 PageID #: 6
`
`displaying only the one or more requested specific streams of the
`video images on the remote computing device.
`
`See Ex. A at 9:17-10:28.
`
`16.
`
`The '091 Patent provides solutions for the problem of more and more users
`
`demanding higher and higher quality video content for viewing, creating, and editing
`
`(which requires additional data) while the physical infrastructure for data-transmission
`
`remains as it has been for decades.
`
`17.
`
`Claims 1 through 6 of the '091 Patent teach methods for generating,
`
`transmitting, receiving, and viewing high-quality video-including on a remote device such
`
`as a smartphone-with the innovation of significantly reducing the data-transmission
`
`burden.
`
`18.
`
`All conditions precedent to bringing this action have occurred or been
`
`waived.
`
`19.
`
`Hawk has retained counsel to represent it in this matter and is obligated to
`
`pay its counsel a reasonable fee for its services.
`
`20.
`
`Pursuant to 35 U.S.C. § 285, Hawk is entitled to recover its attorneys' fees.
`
`COUNT I: DIRECT INFRINGEMENT OF THE '091 PATENT
`
`21.
`
`The allegations contained in paragraphs 1-20 above are hereby re-alleged as
`
`if fully set forth herein.
`
`22. Without Hawk's authorization, Defendants infringed Claim 1 of the '091
`
`Patent, and one or more of Claim 1's dependent claims, as well as Claim 6.
`
`-6-
`
`
`
`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 7 of 8 PageID #: 7
`
`23.
`
`A chart, attached hereto as Exhibit “B” and incorporated by reference hereto,
`
`describes how Defendants perform each step of the methods disclosed by Claims 1 through
`
`6 of the '091 Patent.
`
`24.
`
`As a result of Defendants’ infringement of the '091 Patent, Hawk has suffered
`
`monetary damages and is entitled to a monetary judgment in an amount adequate to
`
`compensate for Defendants’ past infringement, together with interests and costs.
`
`25.
`
`Hawk will continue to suffer damages unless Defendants are enjoined by this
`
`Court to cease its infringing activities, and Hawk is entitled to compensation for continuing
`
`and future infringement until Defendants finally cease to infringe the '091 Patent.
`
`WHEREFORE, Hawk respectfully requests the Court:
`
`A.
`
`Enter a Judgment finding that Defendants, City of Mobile and Ladd-Pebbles
`
`Stadium, have directly infringed Claim 1 of the '091 Patent or one of Claim 1's dependent
`
`claims;
`
`B.
`
`Order that Defendants, City of Mobile and Ladd-Pebbles Stadium, be
`
`permanently restrained and enjoined from directly infringing the '091 Patent;
`
`C.
`
`Order Defendants, City of Mobile and Ladd-Pebbles Stadium, to pay
`
`damages adequate to compensate for the infringement, but in no event less than a
`
`reasonable royalty, together with interest and costs, pursuant to 35 U.S.C. § 284;
`
`D.
`
`Find this to be an exceptional case of patent infringement under 35 U.S.C. §
`
`285 and award reasonable attorneys' fees, costs, and expenses incurred by Hawk in
`
`prosecuting this action; and
`
`-7-
`
`
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`Case 1:20-cv-00514 Document 1 Filed 10/20/20 Page 8 of 8 PageID #: 8
`
`E.
`
`Award such other and further relief as the Court deems just and proper.
`
`JURY TRIAL
`
`Plaintiff demands a trial by jury on all issues so triable.
`
`RESPECTFULLY SUBMITTED, this the 20th day of October, 2020.
`
`s/Frank J. Dantone
`FRANK J. DANTONE (DAN054)
`HENDERSON DANTONE, P.A.
`241 Main St. (38701)
`P.O. Box 778
`Greenville, MS 38702
`T. (662) 378-3400
`F. (662) 378-3413
`E. fjd@hdpa.com
`
`Counsel for Plaintiff,
`Hawk Technology Systems, LLC
`
`-8-
`
`
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