Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 1 of 14 Page ID #:1
`
`
`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Display Technologies, LLC
`
`
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` IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`DISPLAY TECHNOLOGIES, LLC,
`
`
`Plaintiff,
`
`v.
`
`PAEDAE, INC. d/b/a GIMBAL
`
`
`Defendant.
`
`
`
`
`
`
`CASE NO. 2:20-cv-11287
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`COMPLAINT
`
`
`Plaintiff Display Technologies, LLC (“Plaintiff” or “Display”) files this
`
`Complaint against PaeDae, Inc. d/b/a Gimbal (“Defendant” or “PaeDae”) for
`
`infringement of United States Patent No. 9,300,723 (the “ ‘723 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United
`
`States Code. Plaintiff is seeking injunctive relief as well as damages.
`
`
`
`1
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
`
`
`
`
`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Display Technologies, LLC
`
`
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` IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`DISPLAY TECHNOLOGIES, LLC,
`
`
`Plaintiff,
`
`v.
`
`PAEDAE, INC. d/b/a GIMBAL
`
`
`Defendant.
`
`
`
`
`
`
`CASE NO. 2:20-cv-11287
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`COMPLAINT
`
`
`Plaintiff Display Technologies, LLC (“Plaintiff” or “Display”) files this
`
`Complaint against PaeDae, Inc. d/b/a Gimbal (“Defendant” or “PaeDae”) for
`
`infringement of United States Patent No. 9,300,723 (the “ ‘723 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United
`
`States Code. Plaintiff is seeking injunctive relief as well as damages.
`
`
`
`1
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 2 of 14 Page ID #:2
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`
`
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331
`
`(Federal Question) and 1338(a) (Patents) because this is a civil action for patent
`
`infringement arising under the United States patent statutes.
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`
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`3.
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`Plaintiff is a Texas limited liability company with a place of business at
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`1801 NE 123rd Street, Suite 314, North Miami, FL 33161.
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`
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`4.
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`On information and belief, Defendant is a Delaware corporation with a
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`place of business at 360 E. 2nd Street, Suite 350, Los Angeles, California, USA,
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`90012. On information and belief, Defendant may be served through its registered
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`agent, A Registered Agent, Inc., 8 The Green, Ste. A, Dover, DE 19901.
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`
`
`5.
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`This Court has personal jurisdiction over Defendant because Defendant
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`has committed, and continues to commit, acts of infringement in this District, has
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`conducted business in this District, and/or has engaged in continuous and systematic
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`activities in this District.
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`
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`6.
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`Upon information and belief, Defendant’s instrumentalities that are
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`alleged herein to infringe were and continue to be used, imported, offered for sale,
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`and/or sold in this District.
`
`VENUE
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`
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`7.
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`On information and belief, venue is proper in this District under 28
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`U.S.C. § 1400(b) because Defendant is deemed to be a resident of this District.
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`Alternatively, acts of infringement are occurring in this District and Defendant has a
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`regular and established place of business in this District.
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 3 of 14 Page ID #:3
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`
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 9,300,723)
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`8.
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`9.
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`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
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`This cause of action arises under the patent laws of the United States
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`
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`and, in particular, under 35 U.S.C. §§ 271, et seq.
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`
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`10. Plaintiff is the owner by assignment of the ‘723 Patent with sole rights
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`to enforce the ‘723 Patent and sue infringers.
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`
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`11. A copy of the ‘723 Patent, titled “Enabling social interactive wireless
`
`communications,” is attached hereto as Exhibit A.
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`
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`12. The ‘723 Patent is valid, enforceable, and was duly issued in full
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`compliance with Title 35 of the United States Code.
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`
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`13. Defendant has infringed and continues to infringe one or more claims,
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`including at least Claim 1 of the ‘723 Patent by making, using, and/or selling media
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`systems covered by one or more claims of the ‘723 Patent. For example, Defendant
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`makes, uses, and/or sells the Gimbal Proximity marketing system, and any similar
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`products (“Product”). Defendant has infringed and continues to infringe the ‘723
`
`Patent in violation of 35 U.S.C. § 271.
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`
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`14. Regarding Claim 1, the Product is configured for customers to receive a
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`media file (e.g. notification or offer) by a media terminal (e.g. smartphone) from a
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`media node (e.g. Bluetooth beacon) over a communication network (e.g. wireless
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`network) through a communication link. Certain aspects of this element are illustrated
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 4 of 14 Page ID #:4
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`in the screenshots below and/or those provided in connection with other allegations
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`herein.
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 5 of 14 Page ID #:5
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`15. The Product includes at least one media terminal in an accessible relation
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`to at least one interactive computer network. For example, the Product detects a
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`smartphone (at least one media terminal) in range of Bluetooth signals. Certain
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`aspects of this element are illustrated in the screenshots below and/or in those
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`provided in connection with other allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 6 of 14 Page ID #:6
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`16. The Product includes a wireless range structured to permit authorized
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`access to said at least one interactive computer network. For example, the Bluetooth
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`signals detect the smartphone when the smartphone is within a certain wireless range.
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`When within the wireless range, the smartphone can access the wireless network
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 7 of 14 Page ID #:7
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`(interactive computer network). Certain aspects of this element are illustrated in the
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`screenshots below and/or those provided in connection with other allegations herein.
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`17. The Product includes at least one media node disposable within said
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`wireless range, wherein said at least one media node is detectable by said at least one
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`media terminal. For example, the media node (beacon) sends out continuous signals
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`which are detected by the smartphone (at least one media terminal) when the
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`smartphone is within range. Certain aspects of this element are illustrated in the
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`screenshots below and/or those provided in connection with other allegations herein.
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 8 of 14 Page ID #:8
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`18. The Product includes at least one digital media file initially disposed on
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`at least one of said at least one media terminal or said at least one media node, said at
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`least one media terminal being structured to detect said at least one media node
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`disposed within said wireless range. For example, marketers can store promotional
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`information within the server (media node) which is pushed to the media terminal
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`(smartphone) when the app residing within the smartphone (media terminal) detects
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`the network. Certain aspects of this element are illustrated in the screenshots below
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`and/or those provided in connection with other allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 9 of 14 Page ID #:9
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`19. The Product includes a communication link structured to dispose said at
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`least one media terminal and said at least one media node in a communicative relation
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`with one another via said at least one interactive computer network. For example,
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`when the app within the smartphone (media terminal) detects the network through the
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`beacon (media node), it connects to a server through the network (interactive
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`computer network). Certain aspects of this element are illustrated in the screenshots
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`below and/or those provided in connection with other allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 10 of 14 Page ID #:10
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`20. The communication link is initiated by said at least one media terminal.
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`For example, the network is the link for communication between media terminal
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`(smartphone) and merchant. The link is initiated by the smartphone (media terminal)
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`when the smartphone (or app) detects the Bluetooth signal and joins the network.
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`Certain aspects of this element are illustrated in the screenshots below and/or those
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`provided in connection with other allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 11 of 14 Page ID #:11
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`21. The at least one media node and said at least one media terminal are
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`structured to transmit said at least one digital media file therebetween via said
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`communication link. For example, when the beacon (media node) detects a
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`smartphone (media terminal), the merchant can target users by transmitting ads,
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`notifications, etc. (digital media file) to be displayed on the smartphone (media
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`terminal). Certain aspects of this element are illustrated in the screenshots below
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`and/or those provided in connection with other allegations herein.
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`22. The communication link is structured to bypass at least one media
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`terminal security measure for a limited permissible use of the communication link by
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`the media node to only transferring the at least one digital media file to, and displaying
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 12 of 14 Page ID #:12
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`the at least one digital media file on, the at least one media terminal. For example,
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`the communication link is structured so that it has the ability to display notifications
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`(ad campaigns, offers, etc.) (digital media file) associated with the beacon that triggers
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`the link. The media files are pushed to the smartphone (on which the app is running
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`and through which the user has logged in, thus bypassing the security measure of the
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`media terminal. Thus, the user does not need to enter a password each time they enter
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`the network (bypassing the security measure). Users can receive notifications (digital
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`media file) which are triggered on their smartphones (media terminal) by the
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`merchant. Certain aspects of this element are illustrated in the screenshots below
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`and/or those provided in connection with other allegations herein.
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 13 of 14 Page ID #:13
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`23. Defendant’s actions complained of herein will continue unless
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`Defendant is enjoined by this court.
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`24. Defendant’s actions complained of herein are causing irreparable harm
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`and monetary damage to Plaintiff and will continue to do so unless and until
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`Defendant is enjoined and restrained by this Court.
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`25. Plaintiff is in compliance with 35 U.S.C. § 287.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks the Court to:
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`(a) Enter judgment for Plaintiff on this Complaint on all causes of action
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`asserted herein;
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`
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`(b) Enter an Order enjoining Defendant, its agents, officers, servants,
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`employees, attorneys, and all persons in active concert or participation with Defendant
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`who receive notice of the order from further infringement of United States Patent No.
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`9,300,723 (or, in the alternative, awarding Plaintiff running royalties from the time of
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`judgment going forward);
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`(c) Award Plaintiff damages resulting from Defendant’s infringement in
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`accordance with 35 U.S.C. § 284;
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`(d) Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`Case 2:20-cv-11287-CAS-AGR Document 1 Filed 12/14/20 Page 14 of 14 Page ID #:14
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`(e) Award Plaintiff such further relief to which the Court finds Plaintiff
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`entitled under law or equity.
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`Dated: December 14, 2020
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`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Stephen M. Lobbin
`Stephen M. Lobbin
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Display
`Technologies, LLC
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT PAEDAE, INC. D/B/A GIMBAL
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