`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Plaintiff,
`
`
`
`v.
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`M2M SOLUTIONS LLC,
`a Delaware limited liability company,
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`
`
`
`
`AMAZON.COM, INC.,
`a Delaware corporation,
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. __________
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`JURY TRIAL DEMANDED
`
`COMPLAINT
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`Plaintiff M2M Solutions LLC (“M2M Solutions”) brings this action for patent
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`infringement under the laws of the United States relating to patents, 35 U.S.C. §§ 1 et seq.,
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`against Defendant Amazon.com, Inc. (“Amazon.com”), hereby alleging as follows:
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`THE PARTIES
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`1.
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`Plaintiff M2M Solutions is a limited liability company organized and existing
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`under the laws of the State of Delaware, having a principal place of business at 4878
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`Kearneysville Pike, Shepherdstown, West Virginia 25443-4861.
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`2.
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`Upon information and belief, Defendant Amazon.com is a corporation organized
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`and existing under the laws of the State of Delaware, having its principal place of business at 410
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`Terry Avenue North, Seattle, Washington 98109-5210. Upon information and belief,
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`Amazon.com has appointed Corporation Service Company, 251 Little Falls Drive, Wilmington,
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`Delaware 19808 as its registered agent for service of process.
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`
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`17290098.1
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`
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`JURISDICTION AND VENUE
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`3.
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`This Court has exclusive subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a) because this action arises under the patent laws of the United States.
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`4.
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`Amazon.com has elected, upon information and belief, to incorporate under
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`Delaware law and it has thereby acquiesced to personal jurisdiction in the courts of the State of
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`Delaware. Upon further information and belief, Amazon.com has also submitted to the personal
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`jurisdiction of this Court by committing the acts described below that establish its legal presence
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`within the State of Delaware, including by purposefully directing the supply of services to
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`Delaware residents, and/or contracting to do the same, wherein the provision of such services has
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`involved and necessitated Amazon.com’s unauthorized and infringing practicing and use of the
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`claimed inventions of the Patents-in-Suit. Moreover, upon information and belief, in conjunction
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`with it selling or otherwise causing digital e-reader devices and e-reader software applications to
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`be made available to Delaware residents, Amazon.com has actively and knowingly induced
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`Delaware residents to make unauthorized and infringing use of the claimed inventive systems of
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`the Patent-in-Suit, and/or it has knowingly contributed to the same, by disseminating or making
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`available within this judicial district promotional and marketing materials, instructional
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`materials, product user’s guides, and technical materials and assistance that illustrate and
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`advocate such infringing use. By virtue of its above-described actions, while engaging in the
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`unauthorized and infringing practicing and use of the claimed inventions of the Patent-in-Suit,
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`Amazon.com has transacted business, performed services, contracted to supply services, caused
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`tortious injury, regularly done or solicited business, and/or engaged in a persistent course of
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`conduct within the State of Delaware, and it has additionally derived substantial revenues from
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`or as the result of products, digital content, and infringing services used or consumed in
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`Delaware. In light of Amazon.com’s aforementioned contacts with the State of Delaware and its
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`2
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 3 of 16 PageID #: 3
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`purposeful availment of the rights and benefits of Delaware law, maintenance of this suit would
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`not offend traditional notions of fair play and substantial justice.
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`5.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c), and
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`(d) and 1400(b) because, inter alia, a substantial part of the events or omissions giving rise to the
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`claim occurred in this judicial district, Amazon.com is subject to personal jurisdiction in and
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`therefore resides in this judicial district, and Amazon.com has committed acts of patent
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`infringement and has a regular presence in this judicial district.
`
`THE PATENT-IN-SUIT
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`6.
`
`On September 29, 2020, United States Patent No. 10,791,442 (the “’442 Patent”
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`or “Patent-in-Suit”), entitled “System And Method For Remote Asset Management,” was duly
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`and legally issued by the United States Patent and Trademark Office to inventor Philip Bernard
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`Wesby. M2M Solutions is the sole owner by assignment of the entire rights, title, and interest in
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`and to the ’442 Patent, including the rights to sue on and recover damages for any past, current,
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`or future infringements thereof. A true and correct copy of the ’442 Patent is attached hereto as
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`Exhibit 1.
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`7.
`
`The Patent-in-Suit is a continuation patent within M2M Solutions’ Remote Asset
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`Management patent family, the members of which share a common specification and a common
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`priority date of May 21, 2002. By way of background, this Remote Asset Management patent
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`family is comprised of a series of seminal patents covering wireless machine-to-machine
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`communications systems (hereinafter, “wireless M2M systems” or “remote asset management
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`systems”) that collectively have been forwardly cited more than 500 times in other patents and
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`published applications prosecuted in related fields of art before the United States Patent and
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`Trademark Office. In general, wireless M2M systems have historically involved systems in
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`which various types of electronic technical equipment wirelessly connected to communications
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`3
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`networks have been monitored, and to varying degrees managed, by remote computer server
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`platforms. More recently, such wireless M2M systems have come to be known in common
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`parlance as “Internet of Things” applications.
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`8.
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`As taught in the specification of the Patent-in-Suit, prior art wireless M2M
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`systems were directed to remotely monitoring and managing “industrial assets,” such as the types
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`of electronic technical equipment used in factory automation applications, or the kinds of
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`security and alarm sensors used in remote facilities management applications. By contrast, the
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`Patent-in-Suit claims innovative methods for operating improved wireless M2M systems in such
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`a manner that they can serve in a new and useful capacity as consumer services platforms for
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`autonomously delivering valuable technology-based services to users of “consumer device
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`assets” (e.g., consumer electronics products). The preambles of the asserted independent claims
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`expressly indicate that the objective and desired result of the innovative claimed methods is to
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`“operate a remote computer server platform…[so as to] provide a range of consumer services by
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`autonomously managing monitoring and managing…consumer device assets” in the particular
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`prescribed manner. In turn, the bodies of the asserted independent claims recite specific active
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`steps to be performed by the server platform for accomplishing this objective in one particular
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`unconventional way, and which result in providing one particular type of consumer service
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`wherein the server platform causes certain specified “display data content files” stored in non-
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`volatile memory on the consumer device assets to be “automatically modified” in a fashion that
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`would be desirable and beneficial to their consumer users.
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`9.
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`The innovative method claims of the Patent-in-Suit recite and are directed to
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`several features that constitute specific and concrete technological improvements for advancing
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`the computer functionality and computer capabilities of
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`the various computer-related
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`4
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`components that had historically been present in prior art wireless M2M systems (hereinafter,
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`“technological improvements”). Alone and in combination, these claimed technological
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`improvements serve to improve and beneficially modify the functioning and capabilities of prior
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`art wireless M2M systems as a whole, allowing them to be employed in a new and novel
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`capacity as consumer services platforms to achieve the new and useful purposes and ends of
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`beneficially providing certain technology-based consumer services in a particular specified
`
`manner.
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`10.
`
`As one example of claimed technological improvements over prior art systems,
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`independent Claims 1 and 20 of the Patent-in-Suit recite and are directed to several limitations
`
`pertaining to “consumer usage information,” which those claims self-define as being a specific
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`kind of information that identifies the particular manner in which a consumer user has used a
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`particular feature of a “consumer device asset.” The claims require a plurality of “consumer
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`device assets” that each has the capability to automatically send “consumer usage information”
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`about itself to a remote computer server platform in wireless packet switched data message
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`communications. In turn, the claims further require the receiving server platform to have the
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`capability of then automatically communicating wireless management instructions back to one or
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`more of the “consumer device assets” that are based upon the results of the server platform
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`having processed the received “consumer usage information.” Finally, the claims require that
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`the one or more “consumer device assets” have the capability to accept and execute these
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`wireless management instructions, which results in causing specified “display data content files”
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`stored in their non-volatile memory to be “automatically modified so as to provide a consumer
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`service” to their consumer users. In this way, the claimed system is able to act on a fully
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`autonomous basis -- in the absence of contemporaneous human direction -- to make optimizing
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`5
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`modifications to the “consumer device assets” in a manner that comports with and supports a
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`consumer user’s previously monitored actual usage. The specification of the Patent-in-Suit
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`expressly describes these recited “consumer usage information” related capabilities as being
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`attributes of an “improved remote asset management system.” (See, e.g., Ex. 1 at 12:14-25).
`
`11.
`
`In the relevant prior art at the time of the claimed inventions, monitored assets
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`and remote computer server platforms having the above-described improved functionality and
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`capabilities pertaining to “consumer usage information” as recited by independent method
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`Claims 1 and 20 of the Patent-in-Suit were unknown and undisclosed. Likewise unknown and
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`undisclosed in the relevant prior art were: (i) wireless M2M systems that incorporated such
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`monitored assets or remote computer server platforms; and (ii) each of the activities pertaining to
`
`“consumer usage information” that comprise the specific claimed method steps, whether
`
`standing alone or whether combined in the particular ordered combinations of limitations that are
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`claimed. Accordingly, the claim elements directed to “consumer usage information” and their
`
`claimed combinations were neither well-understood, routine, nor conventional to a skilled artisan
`
`in the relevant field at the time of the Patent-in-Suit.
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`12.
`
`As another example of claimed technological improvements over prior art
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`systems, dependent Claims 3-5 and 21-23 of the Patent-in-Suit recite and are directed to several
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`limitations pertaining to “consumer preference information,” which those claims self-define as
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`being a specific kind of information that indicates preferences that individual consumer users of
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`“consumer device assets” have for particular display data content files. The claims require a
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`remote computer server platform having the capabilities to store such “consumer preference
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`information,” and to automatically communicate wireless management instructions to one or
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`more “consumer device assets” by way of wireless packet switched data messages, said
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`6
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 7 of 16 PageID #: 7
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`instructions being based upon the results of the server platform having processed the stored
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`“consumer preference information.” In turn, the claims require that the one or more “consumer
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`device assets” have the capability to accept and execute these wireless management instructions,
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`which results in causing their specified “display data content files” stored in non-volatile
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`memory to be “automatically modified so as to provide a consumer service” to their consumer
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`users. In this way, the claimed system is able to make optimizing modifications to “consumer
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`device assets” in a manner that comports with and supports a consumer user’s previously known
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`preferences for particular display data content. The specification of the Patent-in-Suit expressly
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`describes these recited “consumer preference information” related capabilities as being attributes
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`of an “improved remote asset management system.” (See, e.g., Ex. 1 at 11:35-44; 24:15-28).
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`13.
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`In the relevant prior art at the time of the claimed inventions, monitored assets
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`and remote computer server platforms having the above-described improved functionality and
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`capabilities pertaining to “consumer preference information” as recited by dependent method
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`Claims 3-5 and 21-23 of the Patent-in-Suit were unknown and undisclosed. Likewise unknown
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`and undisclosed in the relevant prior art were: (i) wireless M2M systems that incorporated such
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`monitored assets or remote computer server platforms; and (ii) each of the activities pertaining to
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`“consumer preference information” that comprise the specific claimed method steps, whether
`
`standing alone or whether combined in the particular ordered combinations of limitations that are
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`claimed. Accordingly, the claim elements directed to “consumer preference information” and
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`their claimed combinations were neither well-understood, routine, nor conventional to a skilled
`
`artisan in the relevant field at the time of the Patent-in-Suit.
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`14.
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`As an additional example of claimed technological improvements over prior art
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`systems, independent Claim 20, and dependent Claims 7, 10, 14, 17, and 25, of the Patent-in-Suit
`
`7
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 8 of 16 PageID #: 8
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`recite and are directed to several limitations pertaining to the use of special purpose SMS
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`messages as part of innovative methods suitable for operating improved wireless M2M systems
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`that comprise battery-operated “consumer device assets.” The specification of the Patent-in-Suit
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`teaches that “it would be beneficial if…[such] devices could be programmed remotely to power
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`down for certain periods of time” because a “programmable power duty cycle would greatly
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`extend the time between charges of the associated battery supply.” (Ex. 1 at 4:47-61). However,
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`this approach would give rise to a technological problem in that the remote computer server
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`platform would be unable to sufficiently communicate with these devices once they had entered
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`their powered down state. One technological solution to this problem disclosed in the
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`specification is to enable these devices to be remotely programmable by way of special purpose
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`SMS messages that could trigger their reawakening when desired. (See, e.g., Ex. 1 at 10:63-
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`11:34). In this regard, Claims 7 and 20 require a remote computer server platform having the
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`capability to send, and “consumer device assets” having the capability to receive and act upon,
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`an SMS message that “causes one or more components of said asset to power up from a powered
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`down state for facilitating the exchange of further [specified types of] communications” between
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`the server and the asset. In turn, Claims 10, 14, 17, and 25 additionally require that these
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`“further communications” comprise management instructions originating from the server that the
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`server has determined to send based upon the results of its having processed the aforementioned
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`“consumer preference information.” The specification expressly describes these recited
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`capabilities relating to the use of special purpose SMS messages as being attributes of an
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`“improved system and method for remote asset management.” (Id.)
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`15.
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`In the relevant prior art at the time of the claimed inventions, monitored assets
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`and remote computer server platforms having the above-described improved functionality and
`
`8
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 9 of 16 PageID #: 9
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`capabilities pertaining to the use of special purpose SMS messages as recited by method Claims
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`7, 10, 14, 17, 20, and 25 of the Patent-in-Suit were unknown and undisclosed. Likewise,
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`unknown and undisclosed in the relevant prior art were: (i) wireless M2M systems that
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`incorporated such monitored assets or remote computer server platforms; and (ii) each of the
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`activities pertaining to the use of special purpose SMS messages that comprise the specific
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`claimed method steps, whether standing alone or whether combined in the particular ordered
`
`combinations of limitations that are claimed. Accordingly, the claim elements directed to the use
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`of special purpose SMS messages and their claimed combinations were neither well-understood,
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`routine, nor conventional to a skilled artisan in the relevant field at the time of the Patent-in-Suit.
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`16.
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`The specific and concrete technological improvements recited and captured by the
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`independent claims of the Patent-in-Suit, as exemplified above, prevent those claims from
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`preempting or otherwise disproportionately tying up the use of all methods for operating wireless
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`M2M systems in a novel capacity as consumer services platforms, much less all methods for
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`operating wireless M2M systems in general. Indeed, these independent claims are narrowly
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`drawn and circumscribed so as to be directed to only certain discrete ways of operating wireless
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`M2M systems for providing one particular type of technology-based consumer service on an
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`autonomous basis -- viz., a service whereby specified “display data content files” stored in non-
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`volatile memory on “consumer device assets” are “automatically modified” in a fashion that
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`would be desirable and beneficial to their consumer users. By contrast, the specification of the
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`Patent-in-Suit also discloses many unclaimed alternative ways of operating wireless M2M
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`systems as consumer services platforms to deliver other different types of consumer services.
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`(See, e.g., Ex. 1 at 13:26-34 (asset tracking location information provided as a consumer
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`service)); (id. at 20:47-21:3 (asset receives real-time map and traffic congestion updates
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`9
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 10 of 16 PageID #: 10
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`triggered by external events as a consumer service)). Moreover, the dependent claims of the
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`Patent-in-Suit recite many additional limitations of distinctive significance that even further
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`prevent those particular claims from preempting or otherwise disproportionately tying up the use
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`of all methods for operating wireless M2M systems in the capacity of consumer services
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`platforms or in general.
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`17.
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`Upon information and belief, Amazon.com has had actual and/or constructive
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`knowledge of the existence of the Patent-in-Suit since a date as yet unknown that predates the
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`filing of this Complaint. This date on which such knowledge is first attributable to Amazon.com
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`is likely to be the date of issuance of the Patent-in-Suit, given that Amazon.com has presumably
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`been closely monitoring developments pertaining
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`to M2M Solutions’ “Remote Asset
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`Management” patent family due to other related patent infringement litigations that already
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`exists between the parties. In addition, contemporaneous with this filing, Amazon.com will
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`receive further confirmatory notice as to the existence the Patent-in-Suit upon the service of this
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`Complaint by M2M Solutions at one or more of the addresses referenced herein.
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` AMAZON.COM’S INFRINGING OPERATION OF
`ITS KINDLE E-READER ECOSYSTEM
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` Amazon.com operates in an infringing manner a wireless M2M system that
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`18.
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`serves as a consumer services platform (called “Whispernet”) for providing technology-based
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`services to users of consumer device assets consisting of Kindle e-reader devices, Fire tablets
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`running preloaded Kindle reading applications software, and/or other non-Amazon smart phones,
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`tablets, and computers running Kindle reading applications software (collectively, “Kindle e-
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`reader devices”). Hereinafter, this infringing system shall be referred to as Amazon.com’s
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`“Kindle e-reader ecosystem.” The Kindle e-reader ecosystem comprises a remote computer
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`server platform that Amazon.com operates so as to remotely monitor and manage the Kindle e-
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`10
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 11 of 16 PageID #: 11
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`reader devices, which are wirelessly connected to a cellular-mobile telecommunications network
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`and/or to the Internet. For all relevant purposes, the Kindle e-reader ecosystem operates in an
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`autonomous fashion and relies upon wireless packet switched data message as its principal form
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`of communications between the remote computer server platform and the Kindle e-reader
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`devices.
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`19. Within the Kindle e-reader ecosystem, Amazon.com’s remote computer server
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`platform receives and monitors consumer usage information that identifies the manner in which
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`consumers have used particular features of partiular Kindle e-reader devices. Such information
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`includes data relating to the “Annotations” (e.g., notes, highlights, bookmarks); “Last [Most
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`Recent] Page Read;” “Last Page Heard;” “Furthest Page Read;” “Current Video Location;”
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`“Cloud Collections;” “Popular Highlights;” and/or “Game Related Metadata” features of the
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`Kindle e-reader devices. On the basis of processing some or all of this information in
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`accordance with its so-called “Whispersync” functionality (including Whispersync for Voice,
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`Video, and Games), the computer server platform generates wireless management instructions
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`that cause automatic modifications deemed desirable and beneficial to consumer users to be
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`made to the display data content files stored in non-volatile memory on one or more of the
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`Kindle e-reader devices. The computer server platform also stores consumer preference
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`information that includes data reflecting consumer subscriptions to periodicals and blogs;
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`follower designations relative to other Kindle users; digital content purchase, review and reading
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`histories; and/or favorite genres and ratings histories. On the further basis of processing some or
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`all of such information, the computer server platform generates additional wireless management
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`instructions that cause other automatic modifications deemed desirable and beneficial to
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`consumers to be made to the display data content files stored in non-volatile memory on one or
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`11
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 12 of 16 PageID #: 12
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`more of the Kindle e-reader devices, including modifications relevant to the “Subscription
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`Downloads;” “Public Notes;” “Special Offers;” “Sponsored Screensavers;” “Recommended [for
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`You] Content;” “Before You Go;” and/or “About This Book” features of those devices.
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`20. When operating as part of the Kindle e-reader ecosystem, Amazon.com’s remote
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`computer server platform is capable of sending special purpose wireless SMS data messages to
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`those Kindle e-reader devices having cellular wireless connectivity for causing them to awaken
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`and power up from a suspended sleep state, thereby facilitating a further exchange of wireless
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`packet switched data message communications that will allow for the computer server platform
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`to cause the types of automatic modifications recited in the Patent-in-Suit to be made to the
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`display data content files stored in nonvolatile memory on one or more of the Kindles. Such
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`modifications are made by way of wireless management instructions that the server platform
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`determines to send based upon the results of its having processed consumer preference
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`information or otherwise.
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 10,791,442
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`21.
`
` M2M Solutions realleges and incorporates by reference each and every allegation
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`of Paragraphs 1-20 above as if fully set forth herein.
`
`22.
`
`Amazon.com has directly infringed, and continues to directly infringe, one or
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`more claims of the ’442 Patent under 35 U.S.C. § 271(a), either literally and/or under the
`
`doctrine equivalents, by without authority using its Kindle e-reader ecosystem, and/or using the
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`remote computer server platform component of that ecosystem, in an infringing manner that
`
`practices the inventions of one or more claims of the ’442 Patent. In the alternative and upon
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`information and belief, Amazon.com is vicariously liable for such direct infringement by
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`exercising control or direction over the practicing, in whole or in part, of the inventions of one or
`
`12
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 13 of 16 PageID #: 13
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`more claims of the ’442 Patent through the infringing use of its Kindle e-reader ecosystem,
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`and/or the infringing use of the remote computer server platform component of that ecosystem,
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`by an as yet unknown third party pursuant to a principal-agent relationship, a contractual
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`relationship, a joint enterprise, or other like arrangement.
`
`23.
`
`Amazon.com has had actual and/or constructive knowledge of the existence of the
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`’442 Patent since not later than the date upon which it received service of this Complaint or,
`
`upon information and belief, since an even earlier date as yet unknown. With knowledge of the
`
`’442 Patent, Amazon.com has indirectly infringed, and continues to indirectly infringe, one or
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`more claims thereof under 35 U.S.C. § 271(b) through the active inducement of direct
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`infringement by intending to encourage, and in fact encouraging, an as yet unknown third party
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`to without authority use its Kindle e-reader ecosystem, and/or use the remote computer server
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`platform component of that ecosystem, within the United States in an infringing manner that
`
`practices the inventions of one or more claims of the ’442 Patent. Amazon.com has actively
`
`induced direct infringement by, inter alia, (i) selling or otherwise causing to be made available
`
`Kindle e-reader devices, Fire tablets, and/or Kindle e-reader software applications; (ii) making
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`available the use of its Kindle e-reader ecosystem and/or the remote computer server platform of
`
`that ecosystem; and (iii) disseminating or making available promotional and marketing materials,
`
`instructional materials, product user’s guides, and technical materials and assistance that
`
`illustrate and advocate infringing uses of the Kindle e-reader ecosystem and/or the remote
`
`computer server platform component of that ecosystem. Upon information and belief,
`
`Amazon.com has performed the acts that constitute inducement of infringement with the
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`knowledge or willful blindness that the acts induced thereby would constitute direct infringement
`
`by an as yet unknown third party.
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`13
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`24.
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`Amazon.com has also indirectly infringed, and continues to indirectly infringe,
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`one or more claims of the ’442 Patent under 35 U.S.C. § 271(c) by making, selling, offering for
`
`sale, using, making available for use, and/or importing its Kindle e-reader ecosystem, and/or the
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`ecosystem’s component remote computer server platform, and/or the ecosystem’s component
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`Kindle e-reader devices, Fire tablets, and/or Kindle e-reader software applications, within or into
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`the United States knowing that those products, apparatuses, or systems are especially made or
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`especially adapted for use in direct infringements of the ’442 Patent by as yet unknown third
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`parties, and knowing that those items are not a staple article or commodity of commerce suitable
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`for substantial non-infringing use.
`
`25.
`
`Upon information and belief, Amazon.com’ acts of infringing the ’442 Patent
`
`have been willful and undertaken in knowing and deliberate disregard of M2M Solutions’ patent
`
`rights.
`
`26. M2M Solutions has been and continues to be damaged by Amazon.com’s
`
`infringements of the ’442 Patent in an amount to be determined at trial.
`
`27. M2M Solutions has suffered irreparable injury for which there is no adequate
`
`remedy at law, and will continue to suffer such irreparable injury, unless Amazon.com’s
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`infringements of the ’442 Patent are enjoined by this Court.
`
`28.
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`Upon information and belief, Amazon.com’s willful infringements, together with
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`its other potential conduct in this action, have or will render this case exceptional under 35
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`U.S.C. § 285, and thereby entitle M2M Solutions to recovery of its attorneys’ fees and costs
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`incurred in prosecuting this action.
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`PRAYER FOR RELIEF
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`WHEREFORE, M2M Solutions respectfully requests that this Court enter a judgment in
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`its favor and against Amazon.com as follows:
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`14
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 15 of 16 PageID #: 15
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`(a)
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`Declaring that Amazon.com has directly infringed, induced others to infringe,
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`and/or committed acts of contributory infringement with regard to one or more claims of the
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`Patent-in-Suit;
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`(b)
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`Awarding damages adequate to fully compensate M2M Solutions within the
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`meaning of 35 U.S.C. § 284 for the past acts of infringement committed by Amazon.com, as well
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`as any applicable prejudgment and post-judgment interest thereon at the maximum rates allowed
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`by law;
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`(c)
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`Awarding an accounting and supplemental damages adequate to fully compensate
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`M2M Solutions within the meaning of 35 U.S.C. § 284 for any continuing or future acts of
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`infringement committed by Amazon.com subsequent to the discovery cut-off date in this action,
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`as well as any applicable prejudgment and post-judgment interest thereon at the maximum rates
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`allowed by law;
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`(d)
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`Awarding treble or otherwise enhanced damages to M2M Solutions pursuant to
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`35 U.S.C. § 284 for the acts of willful infringement committed by Amazon.com, as well as any
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`applicable prejudgment and post-judgment interest thereon at the maximum rates allowed by
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`law;
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`(e)
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`Declaring that this action is exceptional within the meaning of 35 U.S.C. § 285,
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`and concomitantly awarding M2M Solutions its attorneys’ fees as the prevailing party in this
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`action, as well as any applicable prejudgment and post-judgment interest thereon at the
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`maximum rates allowed by law;
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`(f)
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`(g)
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`Awarding M2M Solutions its costs and expenses incurred in this action;
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`Ordering that Amazon.com and its parents, subsidiaries, affiliates, successors,
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`predecessors, assigns, and the officers, directors, agents, servants and employees of each of the
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`Case 1:20-cv-01781-UNA Document 1 Filed 12/29/20 Page 16 of 16 PageID #: 16
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`foregoing, customers and/or licensees, and those persons acting in concert or participation with
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`any of them, be preliminarily and permanently enjoined and restrained from continued
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`infringement, including but not limited to using, making, offering for sale, and/or selling within
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`the United States, and/or importing into the United States, any system or apparatus intended to,
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`or reasonably capable of being used in a manner that would, practice the inventions of one or
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`more claims of the Patent-in-Suit, and from contributing to and/or inducing the infringement by
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`others of the Patent-in-Suit, at all times prior to their respective expirations, including any
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`extensions thereof; and
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`(h)
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`Awarding any further relief to M2M Solutions that this Court deems just and
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`proper.
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`DEMAND FOR JURY TRIAL
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`M2M Solutions demands a jury trial as to all issues arising in this action that are so
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`triable.
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`December 29, 2020
`BAYARD, P.A.
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`
`/s/ Stephen B. Brauerman
`OF COUNSEL:
`Stephen B. Brauerman (#4952)
`
`Ronald P. Golden III (#6254)
`CANTOR COLBURN LLP
`600 North King Street, Suite 400
`
`Marc N. Henschke