throbber
Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`DRONE TECHNOLOGIES, INC.
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`Plaintiff,
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`v.
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`PARROT S.A. and PARROT, INC.
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`Defendants.
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`Civil Action No. _______________
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`JURY TRIAL DEMANDED
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`FILED ELECTRONICALLY
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Drone Technologies, Inc. (“Drone Technologies”), through its undersigned
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`counsel, alleges the following as its Complaint against Defendants Parrot S.A. and Parrot, Inc.
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`JURISDICTION AND VENUE
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`This Complaint alleges patent infringement under 35 U.S.C. § 271.
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`This Court has subject matter jurisdiction for patent claims pursuant to 28 U.S.C.
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`1.
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`2.
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`§§ 1331 and 1338.
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`3.
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`This Court has personal jurisdiction over Defendants, because Defendants have
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`established minimum contacts with the forum by purposely availing themselves of the laws and
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`benefits of the forum, and the exercise of jurisdiction over the Defendants would not offend
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`traditional notions of fair play and substantial justice. On information and belief, Defendants
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`have voluntarily conducted business in this judicial district.
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`4.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c) and/or
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`1400, because Defendants are each subject to personal jurisdiction in this judicial district.
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`

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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 2 of 8
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`THE PARTIES
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`5.
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`Plaintiff Drone Technologies is a Taiwanese company having its registered office
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`at No. 14, Ln. 50, Sec. 3, Nangang Rd., Nangang Dist., Taipei City 11510, Taiwan, Republic of
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`China.
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`6.
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`Upon information and belief, Defendant Parrot S.A. is a French société anonyme
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`(public limited company) with a principal place of business at 174-178 quai de Jemmapes, 75010
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`Paris, France.
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`7.
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`Upon information and belief, Defendant Parrot, Inc. is a New York corporation
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`with a principal place of business at 28446 Franklin Road, Southfield, MI 48034. Defendant
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`Parrot, Inc. is a fully-owned subsidiary of Defendant Parrot, S.A.
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`8.
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`Upon information and belief, Defendants are doing business, have carried out
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`business, and have had other contacts within this judicial district. For example, Defendants’
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`allegedly infringing devices are sold within this judicial district.
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`BACKGROUND
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`9.
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`Drone Technologies is the owner of United States Patent No. 7,584,071 (“the
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`‘071 patent”), entitled “Remote-Controlled Motion Apparatus with Sensing Terrestrial
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`Magnetism and Remote Control Apparatus Therefor.” A true and correct copy of the ‘071 patent
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`is attached hereto as Exhibit A.
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`10.
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`Drone Technologies is the owner of United States Patent No. 8,106,748 (“the
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`‘748 patent”), entitled “Remote-Controlled Motion Apparatus with Acceleration Self-Sense and
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`Remote Control Apparatus Therefor.” A true and correct copy of the ‘748 patent is attached
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`hereto as Exhibit B.
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`

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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 3 of 8
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`11.
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`The ’071 patent and the ‘748 patent relate to remote control systems comprising a
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`remote controller and a remote-controlled device, such as a remote-controlled toy airplane or
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`helicopter.
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`12.
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`The ‘071 patent relates to remote control systems that utilize magnetometers to
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`control movement of the remote-controlled device based on movement of the remote controller.
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`13.
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`The ‘748 patent relates to remote control systems that utilize accelerometers to
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`control movement of the remote-controlled device based on movement of the remote controller.
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`14.
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`Upon information and belief, Defendants Parrot, S.A. and Parrot, Inc. have sold
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`and have offered to sell in the United States, and/or have imported into the United States the
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`Parrot AR.Drone and the Parrot AR.Drone 2.0 (collectively, “the Parrot Drones”), and will
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`continue to do so unless enjoined by this court.
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`15.
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`The Parrot Drones are toy drones that can be remotely-controlled using a
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`smartphone or a tablet with the Parrot FreeFlight application (“app”) downloaded onto it.
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`16.
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`Upon information and belief, Defendants Parrot S.A. and Parrot, Inc. provide the
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`Parrot FreeFlight app for Android devices and Apple devices.
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`17.
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`By utilizing the magnetometers and accelerometers in a smartphone or tablet to
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`detect motion and position of the smartphone or tablet, the Parrot FreeFlight app enables a
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`smartphone or tablet to control movement of a Parrot Drone by tilting the smartphone or tablet.
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`18.
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`The product packaging and user manuals for the Parrot AR.Drone 2.0 instruct
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`users to download the Parrot FreeFlight app onto a smartphone or tablet, in order to operate the
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`Parrot AR.Drone 2.0 using the smartphone or tablet as a remote controller.
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`19.
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`Defendants Parrot, S.A. and Parrot, Inc. were on notice of a patent infringement
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`allegation by Diane Lee, Drone Technologies’ predecessor in interest with respect to the ‘071
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`

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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 4 of 8
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`patent and the ‘748 patent, as early as September 29, 2012, when Apple Inc. notified Parrot S.A.
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`that Ms. Lee believed the Parrot FreeFlight app infringed her patents.
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`20.
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`Defendants Parrot, S.A. and Parrot, Inc. were aware of the ‘071 patent and the
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`‘748 patent at least as early as January 4, 2013, when Ms. Lee informed Parrot S.A. that she
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`believed Parrot S.A. was infringing the ‘071 patent and the ‘748 patent.
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`21.
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`On March 12, 2013, in response to Ms. Lee’s infringement allegations, Apple
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`removed the FreeFlight app from its App Store.
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`22.
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`On April 3, 2013, Apple informed Ms. Lee that Apple had “learned that Parrot
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`has made changes to their app to resolve the matter,” and that “the app may be returned to sale in
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`the App Store.”
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`23.
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`Upon information and belief, Defendant Parrot S.A. on April 9, 2013 issued a
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`statement to customers stating: “AR.FreeFlight 2.2 was removed from iTunes last month due to
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`the need for patents’ clarification on accelerometer and absolute control. In the meantime, we
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`have enriched AR.Race2 App (version 2.2) with a free piloting mode in order for our customers
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`using iOS devices to continue flying the AR.Drone. We’ll keep you updated. Sincerely, Parrot
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`Team.”
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`24.
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`Upon information and belief the AR.Race2 App (version 2.2) did not include
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`functionality to allow Parrot Drone users to control a Parrot Drone by utilizing a smartphone or
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`tablet’s accelerometers or magnetometers.
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`25.
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`Upon information and belief, after the accelerometer and absolute control features
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`were removed from Parrot’s apps for piloting the Parrot Drones with Apple devices, various
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`Parrot Drone customers complained about the removal of those features and demanded that those
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`features be returned.
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`

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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 5 of 8
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`26.
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`On May 4, 2013, Defendants’ counsel informed Ms. Lee that Parrot S.A. rewrote
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`its apps for Apple devices and that “[n]one of the re-written applications in the Apple store use
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`the accelerometers or the magnetometer in the iPhone to operate the AR.Drone.”
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`27.
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`On May 5, 2013, Defendants’ counsel reiterated to Ms. Lee and represented to
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`Apple that: “Parrot has re-written every single one of its AR.Drone-related apps such that that
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`[sic] neither the accelerometers nor the magnetometer of the iPhone are used. As such, your
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`patents do not cover the new apps and it is clear there is no infringement.”
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`28.
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`On June 25, 2013, FreeFlight version 2.3.0 for Apple devices was released,
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`announcing “[a]ccelerometer piloting mode and absolute control is back.”
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`29.
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`On June 26, 2013, Apple informed Ms. Lee that the FreeFlight app would be
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`returned for sale to the App Store, “in part due to representation by the developer that the app, as
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`recently modified, no longer infringes your intellectual property rights.”
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`COUNT I – INFRINGEMENT OF THE ‘071 PATENT
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`30.
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`Drone Technologies realleges each and every allegation set forth in Paragraphs 1
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`through 29 inclusive, and incorporates them herein by this reference.
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`31.
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`Users of the Parrot Drones in the United States directly infringe the ‘071 patent by
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`making and using the claimed systems of the ‘071 patent when they download the Parrot
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`FreeFlight app onto a smartphone or tablet and control a Parrot Drone using the smartphone or
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`tablet, in accordance with the instructions provided by Defendants on the product packaging and
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`user manuals for the Parrot Drones.
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`32.
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`Defendants Parrot S.A. and Parrot, Inc.’s sale, offer for sale, and/or importation of
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`the Parrot Drones, with instructions to make and use the claimed systems of the ‘071 patent,
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`induces infringement of the ‘071 patent under 35 U.S.C. § 271(b).
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`

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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 6 of 8
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`33.
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`Defendants Parrot S.A. and Parrot, Inc.’s sale, offer for sale, and importation of
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`the Parrot Drones, with instructions to make and use the claimed systems of the ‘071 patent, are
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`acts of contributory infringement of the ‘071 patent under 35 U.S.C. § 271(c).
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`34.
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`By reason of the foregoing, Drone Technologies has been damaged in an amount
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`that is yet to be ascertained and has suffered and will continue to suffer irreparable loss and
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`injury.
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`COUNT II – INFRINGEMENT OF THE ‘748 PATENT
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`35.
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`Drone Technologies realleges each and every allegation set forth in Paragraphs 1
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`through 29 inclusive, and incorporates them herein by this reference.
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`36.
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`Users of the Parrot Drones in the United States directly infringe the ‘748 patent by
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`making and using the claimed systems of the ‘748 patent when they download the Parrot
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`FreeFlight app onto a smartphone or tablet and control a Parrot Drone using the smartphone or
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`tablet, in accordance with the instructions provided by Defendants on the product packaging and
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`user manuals for the Parrot Drones.
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`37.
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`Defendants Parrot S.A. and Parrot, Inc.’s sale, offer for sale, and/or importation of
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`the Parrot Drones, with instructions to make and use the claimed systems of the ‘748 patent,
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`induces infringement of the ‘748 patent under 35 U.S.C. § 271(b).
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`38.
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`Defendants Parrot S.A. and Parrot, Inc.’s sale, offer for sale, and importation of
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`the Parrot Drones, with instructions to make and use the claimed systems of the ‘748 patent, are
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`acts of contributory infringement of the ‘748 patent under 35 U.S.C. § 271(c).
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`39.
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`By reason of the foregoing, Drone Technologies has been damaged in an amount
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`that is yet to be ascertained and has suffered and will continue to suffer irreparable loss and
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`injury.
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`

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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 7 of 8
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Drone Technologies, Inc. prays as to Counts I and II:
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`A.
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`that Defendants Parrot S.A. and Parrot, Inc., their officers, agents, servants, employees,
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`and attorneys be permanently enjoined from infringing the ‘071 patent;
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`B.
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`that Defendants Parrot S.A. and Parrot, Inc., their officers, agents, servants, employees,
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`and attorneys be permanently enjoined from infringing the ‘748 patent;
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`C.
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`that Defendants Parrot S.A. and Parrot, Inc. be found liable to Drone Technologies for
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`their acts of infringement, that such acts of infringement be found to be willful, and that
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`Defendants be ordered to pay treble compensatory damages pursuant to 35 U.S.C. § 284 as a
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`result of their infringing acts, including all damages suffered by Drone Technologies as a result
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`of the infringement;
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`D.
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`that Drone Technologies be awarded its costs and prejudgment interest on all damages
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`pursuant to 35 U.S.C. § 284;
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`E.
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`that the Court find this case to be exceptional and award reasonable attorney fees to
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`Drone Technologies; and
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`F.
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`that Drone Technologies be awarded such further relief as the Court shall deem
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`appropriate.
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`Case 2:14-cv-00111-AJS Document 1 Filed 01/24/14 Page 8 of 8
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`Respectfully submitted,
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`
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`s/ Richard T. Ting
`Richard T. Ting
`PA I.D. No. 200438
`rting@beckthomas.com
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`
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`Charles H. Dougherty, Jr.
`PA I.D. No. 83795
`cdougherty@beckthomas.com
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`John C. Thomas III
`PA I.D. No. 85532
`jthomas@beckthomas.com
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`Beck & Thomas, P.C.
`1575 McFarland Road
`Suite 100
`Pittsburgh, PA 15216
`Phone: (412) 343-9700
`Fax: (412) 343-5787
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`Attorneys for Plaintiff
`Drone Technologies, Inc.
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`Dated: January 24, 2014

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