Case 2:20-cv-01850 Document 1 Filed 12/28/20 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`PEARL IP LICENSING LLC,
`
` Plaintiff,
`
` v.
`
`HTC AMERICA, INC.,
`
` Defendant.
`
`CASE NO. 20-CV-1850
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`Plaintiff Pearl IP Licensing LLC, by and through the undersigned counsel,
`
`files this Complaint for patent infringement against Defendant, and in support
`
`states, all upon information and belief:
`
`PARTIES
`
`1.
`
`Plaintiff Pearl IP Licensing LLC (“Pearl IP” or “Plaintiff”) is a limited
`
`liability company organized and existing under the laws of the State of Texas and
`
`having its registered office at 815 Brazos St, Ste 500, Austin, TX 78701 and an
`
`office address at 2108 Dallas Pkwy, Ste 214 - 1042, Plano, TX 750 93-4362.
`
`COMPLAINT
`20-cv-1850 - 1
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
`
`
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`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`PEARL IP LICENSING LLC,
`
` Plaintiff,
`
` v.
`
`HTC AMERICA, INC.,
`
` Defendant.
`
`CASE NO. 20-CV-1850
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`Plaintiff Pearl IP Licensing LLC, by and through the undersigned counsel,
`
`files this Complaint for patent infringement against Defendant, and in support
`
`states, all upon information and belief:
`
`PARTIES
`
`1.
`
`Plaintiff Pearl IP Licensing LLC (“Pearl IP” or “Plaintiff”) is a limited
`
`liability company organized and existing under the laws of the State of Texas and
`
`having its registered office at 815 Brazos St, Ste 500, Austin, TX 78701 and an
`
`office address at 2108 Dallas Pkwy, Ste 214 - 1042, Plano, TX 750 93-4362.
`
`COMPLAINT
`20-cv-1850 - 1
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
`
`
`Case 2:20-cv-01850 Document 1 Filed 12/28/20 Page 2 of 6
`
`2.
`
`Defendant HTC America, Inc. (“HTC” or “Defendant”) is a
`
`corporation organized and existing under the laws of the State of Washington, with
`
`a principal place of business at 308 Occidental Avenue South – Suite 300, Seattle,
`
`Washington 98104. HTC is registered to do business, and has a registered office,
`
`in this State at Cogency Global, Inc., 1780 Barnes Boulevard SW, Tumwater,
`
`Washington 98512.
`
`JURISDICTION AND VENUE
`
`3.
`
`Defendant conducts business operations within the Western District of
`
`Washington. Defendant has directly and/or through subsidiaries or intermediaries
`
`committed and continues to commit acts of infringement in this District by, among
`
`other things, offering to sell and selling products that infringe the patent-in-suit.
`
`4.
`
`Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(d).
`
`Defendant is registered to do business in the State of Washington, has an office in
`
`the State of Washington, has transacted business in the Western District of
`
`Washington and has committed acts of direct infringement in the Western District
`
`of Washington.
`
`5.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1400(b).
`
`Defendant maintains a regular and established place of business in this District.
`
`COMPLAINT
`20-cv-1850 - 2
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
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`Case 2:20-cv-01850 Document 1 Filed 12/28/20 Page 3 of 6
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`PATENT 6,819,539
`
`6.
`
`U.S. Patent No. 6,819,539, entitled “Method For Circuit Recovery
`
`From Overstress Conditions” (the “539 Patent”) was duly and legally issued on
`
`November 16, 2004. A true and correct copy of the ’539 Patent is attached as
`
`Exhibit A.
`
`7.
`
`The ‘539 Patent disclosed and exemplified a unique and valuable
`
`apparatus for circuit recovery from overstress conditions, comprising circuits for
`
`detecting an event and resetting a device when the event is a first predetermined
`
`type and circuits for providing recovery when the event is a second predetermined
`
`type. (See ‘539 Patent Abstract).
`
`8.
`
`Plaintiff is the named assignee of, owns all right, title and interest in,
`
`and has standing to sue and recover all past damages for infringement of the ‘539
`
`Patent.
`
`COUNT I – INFRINGEMENT OF THE ’539 PATENT
`
`9.
`
`Plaintiff restates and incorporates by reference the foregoing
`
`allegations.
`
`COMPLAINT
`20-cv-1850 - 3
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
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`Case 2:20-cv-01850 Document 1 Filed 12/28/20 Page 4 of 6
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`10.
`
` In violation of 35 U.S.C. §271, Defendant directly infringed at least
`
`claim 8 of the ‘539 Patent by selling apparatus within the scope of claim 8 of the
`
`‘539 Patent (“Accused Instrumentality”).
`
`11.
`
` Attached hereto as Exhibit B, and incorporated herein by reference, is
`
`a claim chart detailing the correspondence between one exemplary version of an
`
`Accused Instrumentality and claim 8 of the ’539 Patent.
`
`12.
`
` Defendant has had knowledge of infringement of the ‘539 Patent at
`
`least as of the service of the present Complaint.
`
`13.
`
` As a result of Defendant’s infringement of the ’539 Patent, Plaintiff
`
`has suffered damages.
`
`14.
`
` Plaintiff is entitled to a money judgment in an amount adequate to
`
`compensate for Defendant’s infringement, but in no event less than a reasonable
`
`royalty for the use made of the invention by Defendant, together with interest and
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`costs as fixed by the Court.
`
`15.
`
` Plaintiff reserves the right to modify its infringement theories as
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`discovery progresses in this case; it shall not be estopped for infringement
`
`contention or claim construction purposes by the claim charts that it provides with
`
`this Complaint. The claim chart depicted in Exhibit B is intended to satisfy the
`
`COMPLAINT
`20-cv-1850 - 4
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
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`Case 2:20-cv-01850 Document 1 Filed 12/28/20 Page 5 of 6
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`notice requirements of Rule 8(a)(2) of the Federal Rule of Civil Procedure and
`
`does not represent Plaintiff’s preliminary or final infringement contentions or
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`preliminary or final claim construction positions.
`
`DEMAND FOR JURY TRIAL
`
`16. Plaintiff demands a trial by jury of any and all causes of action.
`
`PRAYER FOR RELIEF
`
`Plaintiff Pearl IP respectfully requests that the Court find in its favor and
`
`against Defendant, and that the Court grant Plaintiff the following relief:
`
`a.
`
`b.
`
`an adjudication that Defendant has infringed the ’539 Patent;
`
`an award of damages to be paid by Defendant adequate to compensate
`
`Plaintiff for Defendant’s past infringement of the ’539 Patent through its
`
`expiration, including pre-judgment and post-judgment interest, costs, expenses,
`
`and an accounting of all infringing acts; and
`
`//
`
`//
`
`//
`
`//
`
`//
`
`//
`
`COMPLAINT
`20-cv-1850 - 5
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
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`Case 2:20-cv-01850 Document 1 Filed 12/28/20 Page 6 of 6
`
`c.
`
`any and all such further relief at law or in equity that the Court may
`
`deem just and proper, including but not limited to attorneys’ fees.
`
`DATED this 28th day of December, 2020.
`
`
`
`
`
`
`By: s/ Philip P. Mann
`
`Philip P. Mann, WSBA No. 28860
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Telephone: (206) 436-0900
`email: phil@mannlawgroup.com
`
`Howard L. Wernow
`(Pro Hac Vice to be applied for)
`SAND, SEBOLT & WERNOW CO., LPA
`Aegis Tower - Suite 1100
`4940 Munson Street, N. W.
`Canton, Ohio 44718
`Telephone: (330)244-1174
`Facsimile: (330) 244-1173
`Email: howard.wernow@sswip.com
`
`Counsel for Plaintiff
`PEARL IP LICENSING LLC,
`
`
`
`COMPLAINT
`20-cv-1850 - 6
`
`MANN LAW GROUP PLLC
`1420 Fifth Avenue, Suite 2200
`Seattle, WA 98101
`Phone: 206-436-0900
`
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