Case 6:20-cv-00867-ADA Document 1 Filed 09/24/20 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Wireless Communications Mobile LLC,
`
`
`
`Case No. 6:20-cv-867
`
`Patent Case
`
`Jury Trial Demanded
`
`Plaintiff,
`
`v.
`
`True Protection LLC,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Wireless Communications Mobile LLC (“Plaintiff”), through its attorneys,
`
`complains of True Protection LLC (“Defendant”), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Wireless Communications Mobile LLC is a corporation organized and
`
`existing under the laws of Delaware that maintains its principal place of business at 200
`
`Continental Drive, Suite 401, Newark DE 19713.
`
`2.
`
`Defendant True Protection LLC is a corporation organized and existing under the
`
`laws of Texas that maintains an established place of business at 1823 Fortview Rd, Suite 206,
`
`Austin, TX 78704.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Wireless Communications Mobile LLC,
`
`
`
`Case No. 6:20-cv-867
`
`Patent Case
`
`Jury Trial Demanded
`
`Plaintiff,
`
`v.
`
`True Protection LLC,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Wireless Communications Mobile LLC (“Plaintiff”), through its attorneys,
`
`complains of True Protection LLC (“Defendant”), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Wireless Communications Mobile LLC is a corporation organized and
`
`existing under the laws of Delaware that maintains its principal place of business at 200
`
`Continental Drive, Suite 401, Newark DE 19713.
`
`2.
`
`Defendant True Protection LLC is a corporation organized and existing under the
`
`laws of Texas that maintains an established place of business at 1823 Fortview Rd, Suite 206,
`
`Austin, TX 78704.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`
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`Case 6:20-cv-00867-ADA Document 1 Filed 09/24/20 Page 2 of 6
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`5.
`
`This Court has personal jurisdiction over Defendant because it has engaged in
`
`systematic and continuous business activities in this District and is incorporated in this District’s
`
`state. As described below, Defendant has committed acts of patent infringement giving rise to
`
`this action within this District.
`
`VENUE
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
`
`committed acts of patent infringement in this District and is incorporated in this District’s state.
`
`PATENT-IN-SUIT
`
`7.
`
`Plaintiff is the assignee of all right, title and interest in United States Patent No.
`
`9,125,079 (the “Patent-in-Suit”); including all rights to enforce and prosecute actions for
`
`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
`
`for infringement of the Patent-in-Suit by Defendant.
`
`THE ’079 PATENT
`
`8.
`
`The ’079 Patent is entitled “Programmable communicator,” and issued
`
`09/01/2015. The application leading to the ’079 Patent was filed on 08/08/2014. A true and
`
`correct copy of the ’079 Patent is attached hereto as Exhibit 1 and incorporated herein by
`
`reference.
`
`9.
`
`The ’079 Patent is valid and enforceable.
`
`COUNT 1: INFRINGEMENT OF THE ’079 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe
`
`10.
`
`11.
`
`one or more claims of the ’079 Patent in at least this District by making, using, offering to sell,
`
`
`
`2
`
`
`
`Case 6:20-cv-00867-ADA Document 1 Filed 09/24/20 Page 3 of 6
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`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’079 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’079 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’079 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`12.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’079 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`
`
`13.
`
`Actual Knowledge of Infringement. The service of this Complaint upon
`
`Defendant constitutes actual knowledge of infringement as alleged here.
`
`14.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell,
`
`offer for sale, market, and/or import into the United States, products that infringe the ’079
`
`Patent. On information and belief, Defendant has also continued to sell the Exemplary
`
`Defendant Products and distribute product literature and website materials inducing end users
`
`and others to use its products in the customary and intended manner that infringes the ’079
`
`Patent.
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`15.
`
`Induced Infringement. Defendant therefore actively, knowingly, and
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`intentionally has been and continues to induce infringement of the ’079 Patent, literally or by
`
`the doctrine of equivalents, by selling Exemplary Defendant Products to their customers for
`
`use in end-user products in a manner that infringes one or more claims of the ’079 Patent.
`
`
`
`3
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`Case 6:20-cv-00867-ADA Document 1 Filed 09/24/20 Page 4 of 6
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`16.
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`Contributory Infringement. Defendant therefore actively, knowingly, and
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`intentionally has been and continues materially contribute to their own customers infringement
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`of the ’079 Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant
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`Products to their customers for use in end-user products in a manner that infringes one or more
`
`claims of the ’079 Patent. The Exemplary Defendant Products are especially made or adapted
`
`for infringing the ’079 Patent and have no substantial non-infringing use. For example, in view
`
`of the preceding paragraphs, the Exemplary Defendant Products contain functionality which is
`
`material to at least one claim of the ’079 Patent.
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`17.
`
`Exhibit 2 includes charts comparing the Exemplary ’079 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
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`Products practice the technology claimed by the ’079 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’079
`
`Patent Claims.
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`18.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 2.
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`19.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendants
`
`infringement.
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`JURY DEMAND
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`20.
`
`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
`
`requests a trial by jury on all issues so triable.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests the following relief:
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`A.
`
`A judgment that the ’079 Patent is valid and enforceable
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`
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`4
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`Case 6:20-cv-00867-ADA Document 1 Filed 09/24/20 Page 5 of 6
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`B.
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`A judgment that Defendant has infringed directly, contributorily, and/or induced
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`C.
`
`D.
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`infringement of one or more claims of the ’079 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
`
`for Defendants past infringement with respect to the ’079 Patent.
`
`E.
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
`
`for Defendants continuing or future infringement, up until the date such judgment
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`is entered with respect to the ’079 Patent, including pre- or post-judgment interest,
`
`costs, and disbursements as justified under 35 U.S.C. § 284;
`
`F.
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`And, if necessary, to adequately compensate Plaintiff for Defendants infringement,
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`an accounting:
`
`i.
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`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
`
`and that Plaintiff be awarded its reasonable attorneys fees against Defendant
`
`that it incurs in prosecuting this action;
`
`ii.
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`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
`
`action; and
`
`iii.
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`that Plaintiff be awarded such further relief at law or in equity as the Court
`
`deems just and proper.
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`
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`
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`Dated: September 24, 2020
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`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Isaac Rabicoff
`Isaac Rabicoff
`Rabicoff Law LLC
`
`
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`5
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`Case 6:20-cv-00867-ADA Document 1 Filed 09/24/20 Page 6 of 6
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`5680 King Centre Dr, Suite 645
`Alexandria, VA 22315
`(773) 669-4590
`isaac@rabilaw.com
`
`Counsel for Plaintiff
`Wireless Communications Mobile LLC
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`6
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