Case 2:14-cv-01991-RSL Document 1 Filed 09/29/14 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Plaintiff,
`
`
`
`v.
`
`
`Seymour Levine, an individual
`
`
`
`
`
`The Boeing Company, a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
` )
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 14-cv-7587
`
`DEMAND FOR JURY TRIAL
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Seymour “Sy” Levine, by and through his undersigned attorneys, for his
`
`Complaint against Defendant The Boeing Company alleges as follows:
`
`
`
`1.
`
`JURISDICTION AND VENUE
`
`This Court has original jurisdiction over the patent infringement claims in this
`
`action under 28 U.S.C. §§ 1331 and 1338(a).
`
`2.
`
`1400(b).
`
`Venue is established in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
`
`NATURE OF THE ACTION
`
`3.
`
`This is a civil action for infringement of United States Patent No. RE39,618 (the
`
`“Patent-in-Suit”). This action arises under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq.
`
`PARTIES
`
`4.
`
`Plaintiff Seymour “Sy” Levine is an individual residing at 4928 Maytime Lane,
`
`Culver City, CA 90230. Mr. Levine is the sole inventor of the Patent-in-Suit.
`
`BOEING
`Ex. 1005, p. 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Plaintiff,
`
`
`
`v.
`
`
`Seymour Levine, an individual
`
`
`
`
`
`The Boeing Company, a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
` )
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 14-cv-7587
`
`DEMAND FOR JURY TRIAL
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Seymour “Sy” Levine, by and through his undersigned attorneys, for his
`
`Complaint against Defendant The Boeing Company alleges as follows:
`
`
`
`1.
`
`JURISDICTION AND VENUE
`
`This Court has original jurisdiction over the patent infringement claims in this
`
`action under 28 U.S.C. §§ 1331 and 1338(a).
`
`2.
`
`1400(b).
`
`Venue is established in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
`
`NATURE OF THE ACTION
`
`3.
`
`This is a civil action for infringement of United States Patent No. RE39,618 (the
`
`“Patent-in-Suit”). This action arises under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq.
`
`PARTIES
`
`4.
`
`Plaintiff Seymour “Sy” Levine is an individual residing at 4928 Maytime Lane,
`
`Culver City, CA 90230. Mr. Levine is the sole inventor of the Patent-in-Suit.
`
`BOEING
`Ex. 1005, p. 1
`
`
`
`Case 2:14-cv-01991-RSL Document 1 Filed 09/29/14 Page 2 of 5
`
`5.
`
`On information and belief, Defendant The Boeing Company (“Boeing”) is a
`
`Delaware Corporation with its corporate headquarters at 100 North Riverside Plaza, Chicago,
`
`Illinois 60606.
`
`
`
`FACTUAL BACKGROUND
`
`6.
`
`Mr. Levine is a Senior Life Member of the IEEE with an M.Sc. in electrical
`
`engineering who, although now retired, spent many years working for and/or consulting with
`
`many of the largest aerospace companies in the world. In 1995, Mr. Levine retired as Chief
`
`Engineer at Northrop Grumman’s Electronic Systems Division where he was, among other
`
`things, in charge of the inertial navigation system for the B-2 Stealth Bomber and the Automatic
`
`Test Equipment (ATE) of the Peacekeeper Missile. Before joining Northrop, Mr. Levine worked
`
`on navigation and guidance systems at both Litton Guidance & Control and Sperry Gyroscope
`
`Company and one of his early patents reads on the first inertial navigation system used in a
`
`Boeing commercial aircraft. Mr. Levine is a named inventor on twelve U.S. patents, ranging in
`
`fields from inertial navigation to remotely piloted vehicles.
`
`7.
`
`After retiring in 1995, Mr. Levine developed and patented a number of
`
`technologies related to the safety of commercial aviation, including the Patent-in-Suit, which the
`
`United States Patent and Trademark Office issued as U.S. Patent No. RE39,618 (the “‘618
`
`patent”) on May 8, 2007 as a reissue of U.S. Patent No. 5,974,349, claiming priority to U.S.
`
`Patent No. 5,890,079, filed December 17, 1996. A true and correct copy of the ‘618 patent is
`
`attached to this Complaint as Exhibit A.
`
`8.
`
`Defendant Boeing offers its commercial aircraft customers a service that allows
`
`Boeing to actively monitor the health of an aircraft while it is in flight in order to provide real-
`
`time maintenance advice. Boeing’s Airplane Health Management system (“AHM”) consists of
`
`2
`
`BOEING
`Ex. 1005, p. 2
`
`
`
`Case 2:14-cv-01991-RSL Document 1 Filed 09/29/14 Page 3 of 5
`
`one or more transmitters onboard the aircraft that communicates in-flight aircraft performance
`
`data to a Boeing-operated ground station, where Boeing monitors thousands of aircraft
`
`parameters; analyzes these parameters in the context of the particular aircraft’s configuration and
`
`history as well the historical performance of other similar aircraft in the Boeing fleet; and
`
`provides its customers real-time advice concerning anticipated maintenance needs. As of August
`
`2014, Boeing claimed that AHM is used by more than 70 airline fleets worldwide as part of the
`
`Boeing Edge system, which is designed to “drive optimized performance, efficiency and safety
`
`across customer operations.” AHM, is used on a number of different Boeing aircraft models,
`
`including many 737s, 747s, 757s. 767s, MD-10s, MD-11s, Boeing Business Jets, most 777s, all
`
`Boeing 787s and, as hereinafter alleged, infringes the Patent-in-Suit.
`
`
`
`COUNT I - PATENT INFRINGEMENT
`
`9.
`
`Plaintiff re-alleges and incorporates herein by this reference paragraphs 1 through
`
`8, inclusive, as though fully set forth in this paragraph.
`
`10.
`
`Boeing makes, uses, sells and offers for sale in the United States aircraft and
`
`services incorporating the AHM system, and components thereof, which, together with at least
`
`one Boeing ground station infringe one or more claims of the ‘618 patent.
`
`11.
`
`Boeing is not licensed or otherwise authorized to make or use the apparatuses
`
`claimed in the ‘618 patent.
`
`12.
`
`On information and belief, Boeing’s infringement of the ‘618 patent has been and
`
`continues to be willful, at least in part because Boeing was aware of U.S. Patent No. 5,974,359,
`
`which was reissued as the ‘618 Patent-in-Suit and which was cited as prior art during the
`
`prosecution of at least 10 of Boeing’s patents. Moreover, Mr. Levine presented a paper
`
`describing his invention at the NTSB International Conference on Transportation Recorders
`
`3
`
`BOEING
`Ex. 1005, p. 3
`
`
`
`Case 2:14-cv-01991-RSL Document 1 Filed 09/29/14 Page 4 of 5
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`entitled “The Remote Aircraft Flight Recorder and Advisory Telemetry System, RAFT
`
`(Patented).” On information and belief, one or more Boeing engineers was present at that
`
`symposium.
`
`13.
`
`By reason of Defendant Boeing’s infringing activities, Mr. Levine has suffered,
`
`and will continue to suffer, substantial damages in an amount no less than a reasonable royalty.
`
`
`
`PRAYER FOR RELIEF
`
`Wherefore, Plaintiff respectfully prays for judgment against Defendant as follows:
`
`(a)
`
`A judgment holding Boeing liable for infringement of United States Patent No.
`
`RE39,618;
`
`(b)
`
`An award to Mr. Levine of all available and legally permissible damages caused
`
`by Defendant’s infringing acts, but in no event less than a reasonable royalty and prejudgment
`
`and post-judgment interest thereon;
`
`(c)
`
`A judgment holding that Boeing’s infringement is willful and enhanced damages
`
`pursuant to 35 U.S.C. § 284;
`
`(d)
`
`A judgment holding this case to be an exceptional case under 35 U.S.C. § 285,
`
`and on such basis, an award of attorney fees for Plaintiff against Defendant Boeing; and
`
`(e)
`
`Such other and further relief as this Court deems just and proper.
`
`
`
`JURY DEMAND
`
`Pursuant to Fed. R. Civ. P. 38(b), Seymour Levine demands a trial by jury on all matters
`
`and issues triable by jury.
`
`
`
`4
`
`BOEING
`Ex. 1005, p. 4
`
`
`
`Case 2:14-cv-01991-RSL Document 1 Filed 09/29/14 Page 5 of 5
`
`DATED: September 29, 2014
`
`Respectfully submitted,
`
`
`
`
`
`
`By: /s/ David A. Nelson
`Frederick A. Lorig (pro hac vice to be filed)
`Amar L. Thakur (pro hac vice to be filed)
`Bruce R. Zisser (pro hac vice to be filed)
`Quinn Emanuel Urquhart & Sullivan LLP
`865 South Figueroa Street. 10th Floor
`Los Angeles, CA 90017
`Phone: (213) 443-3000
`Email:
`fredlorig@quinnemanuel.com
`
`amarthakur@quinnemanuel.com
`
`brucezisser@quinnemanuel.com
`
`
`David A. Nelson
`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison St., Suite 2450
`Chicago, IL 60661
`Phone: (312) 463-2965
`Email: davenelson@quinnemanuel.com
`
`Attorneys for Plaintiff Seymour Levine
`
`5
`
`BOEING
`Ex. 1005, p. 5
`
`
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