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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Cedar Lane Technologies Inc.,
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`Plaintiff,
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`v.
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`Sonos, Inc.,
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`Defendant.
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`Case No.
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`Patent Case
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`Jury Trial Demanded
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1.
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`Plaintiff Cedar Lane Technologies Inc. (“Plaintiff”), through its attorneys,
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`complains of Sonos, Inc. (“Defendant”), and alleges the following:
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`PARTIES
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`2.
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`Plaintiff Cedar Lane Technologies Inc. is a corporation organized and existing
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`under the laws of Canada that maintains its principal place of business at 560 Baker Street, Suite
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`1, Nelson, BC V1L 4H9.
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`3.
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`Defendant Sonos, Inc. is a corporation organized and existing under the laws of
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`Delaware that maintains an established place of business at 614 Chapala Street, Santa Barbara,
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`CA.
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`JURISDICTION
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`4.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
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`5.
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`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`1338(a).
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`1
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`Case 1:21-cv-00432-UNA Document 1 Filed 03/25/21 Page 2 of 5 PageID #: 2
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`6.
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`This Court has personal jurisdiction over Defendant because it has engaged in
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`systematic and continuous business activities in this District and is incorporated in this District’s
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`state. As described below, Defendant has committed acts of patent infringement giving rise to
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`this action within this District.
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`VENUE
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`7.
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`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
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`an established place of business in this District. In addition, Defendant has committed acts of
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`patent infringement in this District, and Plaintiff has suffered harm in this district.
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`PATENT-IN-SUIT
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`8.
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`Plaintiff is the assignee of all right, title and interest in United States Patent No.
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`8,165,867 (the “Patent-in-Suit”); including all rights to enforce and prosecute actions for
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`infringement and to collect damages for all relevant times against infringers of the Patent-in-Suit.
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`Accordingly, Plaintiff possesses the exclusive right and standing to prosecute the present action
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`for infringement of the Patent-in-Suit by Defendant.
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`THE ’867 PATENT
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`9.
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`The ’867 Patent is entitled “Methods for translating a device command,” and
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`issued 2012-04-24. The application leading to the ’867 Patent was filed on 2000-09-15. A true
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`and correct copy of the ’867 Patent is attached hereto as Exhibit 1 and incorporated herein by
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`reference.
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`10.
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`11.
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`COUNT 1: INFRINGEMENT OF THE ’867 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe one
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`or more claims of the ’867 Patent in at least this District by making, using, offering to sell,
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`selling and/or importing, without limitation, at least the Defendant products identified in the
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`Case 1:21-cv-00432-UNA Document 1 Filed 03/25/21 Page 3 of 5 PageID #: 3
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`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
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`infringe at least the exemplary claims of the ’867 Patent also identified in the charts incorporated
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`into this Count below (the “Exemplary ’867 Patent Claims”) literally or by the doctrine of
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`equivalents. On information and belief, numerous other devices that infringe the claims of the
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`’867 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
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`customers.
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`12.
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`Defendant also has and continues to directly infringe, literally or under the
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`doctrine of equivalents, the Exemplary ’867 Patent Claims, by having its employees internally
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`test and use these Exemplary Products.
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`13.
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`Actual Knowledge of Infringement. The service of this Complaint, in
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`conjunction with the attached claim charts and references cited, constitutes actual knowledge of
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`infringement as alleged here.
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`14.
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`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
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`for sale, market, and/or import into the United States, products that infringe the ’867 Patent. On
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`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
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`and distribute product literature and website materials inducing end users and others to use its
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`products in the customary and intended manner that infringes the ’867 Patent. See Exhibit 2
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`(extensively referencing these materials to demonstrate how they direct end users to commit
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`patent infringement).
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`15.
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`Induced Infringement. At least since being served by this Complaint and
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`corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to
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`induce infringement of the ’867 Patent, literally or by the doctrine of equivalents, by selling
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`3
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`Case 1:21-cv-00432-UNA Document 1 Filed 03/25/21 Page 4 of 5 PageID #: 4
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`Exemplary Defendant Products to their customers for use in end-user products in a manner that
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`infringes one or more claims of the ’867 Patent.
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`16.
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`Exhibit 2 includes charts comparing the Exemplary ’867 Patent Claims to the
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`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
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`practice the technology claimed by the ’867 Patent. Accordingly, the Exemplary Defendant
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`Products incorporated in these charts satisfy all elements of the Exemplary ’867 Patent Claims.
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`17.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 2.
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`18.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
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`infringement.
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`19.
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`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
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`JURY DEMAND
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`requests a trial by jury on all issues so triable.
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`WHEREFORE, Plaintiff respectfully requests the following relief:
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`PRAYER FOR RELIEF
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`A.
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`B.
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`C.
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`D.
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`A judgment that the ’867 Patent is valid and enforceable
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`A judgment that Defendant has infringed directly and indirectly one or more
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`claims of the ’867 Patent;
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`An accounting of all damages not presented at trial;
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`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendant's continuing or future infringement, up until the date such judgment
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`is entered with respect to the ’867 Patent, including pre- or post-judgment interest,
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`costs, and disbursements as justified under 35 U.S.C. § 284;
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`4
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`Case 1:21-cv-00432-UNA Document 1 Filed 03/25/21 Page 5 of 5 PageID #: 5
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`E.
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`And, if necessary, to adequately compensate Plaintiff for Defendant's
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`infringement, an accounting:
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`i.
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`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
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`and that Plaintiff be awarded its reasonable attorneys fees against Defendant
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`that it incurs in prosecuting this action;
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`ii.
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`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting
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`this action; and
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`iii.
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`that Plaintiff be awarded such further relief at law or in equity as the Court
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`deems just and proper.
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`Dated: March 25, 2021
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`Respectfully submitted,
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`GAWTHROP GREENWOOD, PC
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`/s/ David deBruin
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`David W. deBruin, Esq. (#4846)
`3711 Kennett Pike, Suite 100
`Wilmington, DE 19807
`Phone: 302-777-5353
`ddebruin@gawthrop.com
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`Counsel for Plaintiff
`Cedar Lane Technologies, Inc.
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`Isaac Rabicoff, Esq.
`Rabicoff Law LLC
`5680 King Centre Dr., Suite 645
`Alexandria, VA 22315
`(773) 669-4590
`isaac@rabilaw.com
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`5
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