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THE ASSERTED PATENTS
12. On November 6, 2012, the United States and Trademark office, duly
and legally issued United States Patent No. 8,306,514, entitled “System and
Method for Managing Mobile Communications” (“the ’514 patent”). The patent’s
named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
the entire right, title and interest in and to the ’514 patent and vested with the right
to bring this suit for damages and other relief. A true and correct copy of the ’514
patent is attached hereto as Exhibit “A”.
13. On November 13, 2012, the United States and Trademark office, duly
and legally issued United States Patent No. 8,311,522, entitled “System and
Method for Managing Mobile Communications” (“the ’522 patent”). The patent’s
named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
the entire right, title and interest in and to the ’522 patent and vested with the right
to bring this suit for damages and other relief. A true and correct copy of the ’522
patent is attached hereto as Exhibit “B”.
14. On November 13, 2012, the United States and Trademark office, duly
Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 4 of 20
COMPLAINT -5-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
and legally issued United States Patent No. 8,311,523, entitled “System and
Method for Managing Mobile Communications” (“the ’523 patent”). The patent’s
named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
the entire right, title and interest in and to the ’523 patent and vested with the right
to bring this suit for damages and other relief. A true and correct copy of the ’523
patent is attached hereto as Exhibit “C”.
15. On November 13, 2012, the United States and Trademark office, duly
and legally issued United States Patent No. 8,311,524, entitled “System and
Method for Managing Mobile Communications” (“the ’524 patent”). The patent’s
named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
the entire right, title and interest in and to the ’524 patent and vested with the right
to bring this suit for damages and other relief. A true and correct copy of the ’524
patent is attached hereto as Exhibit “D”.
16. On November 20, 2012, the United States and Trademark office, duly
and legally issued United States Patent No. 8,315,618, entitled “System and
Method for Managing Mobile Communications” (“the ’618 patent”). The patent’s
named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
the entire right, title and interest in and to the ’618 patent and vested with the right
to bring this suit for damages and other relief. A true and correct copy of the ’618
patent is attached hereto as Exhibit “E”.
17. On November 20, 2012, the United States and Trademark office, duly
and legally issued United States Patent No. 8,315,619, entitled “System and
Method for Managing Mobile Communications” (“the ’619 patent”). The patent’s
named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
the entire right, title and interest in and to the ’619 patent and vested with the right
to bring this suit for damages and other relief. A true and correct copy of the ’619
patent is attached hereto as Exhibit “F”.
COUNT ONE
Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 5 of 20
COMPLAINT -6-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
INFRINGEMENT OF THE ’514 PATENT BY DEFENDANT
18. Plaintiff re-alleges and incorporates by reference each of the
allegations set forth in paragraphs 1 through 17 above.
19. Defendant has knowledge of infringement of the ’514 patent since at
least the filing of this complaint.
20. Upon information and belief, Defendant, without authority, (a) has
knowingly directly infringed and continues to directly infringe the ’514 patent by
making, using, offering to sell, selling within the United States, or importing into
the United States, products that practice claims 1, 3, 4, 5, 6, 30, 32, and 33 of the
’514 patent in violation of 35 U.S.C. § 271(a); (b) has induced and continues to
induce infringement of claims 1, 3, 4, 5, 6, 30, 32, and 33 of the ’514 patent in
violation of 35 U.S.C. § 271(b); and (c) has contributed and continues to contribute
to the infringement of claims 1, 3, 4, 5, 6, 30, 32, and 33 of the ’514 patent in
violation of 35 U.S.C. § 271(c).
21. The accused products, alone or in combination with other products,
directly or alternatively under the doctrine of equivalents practice each of the
limitations of independent claims 1, 5, and 30 as well as dependent claims 3, 4, 6,
32 and 33 of the ’514 patent in violation of 35 U.S.C. § 271(a).
22. Defendant’s product literature, materials and instructional videos also
advertise and encourage customers to use the accused product(s) for remote
monitoring, which utilizes the devices described by the ’514 patent and in a
manner Defendant knows infringes the patent.
23. Upon information and belief, Defendant, in the United States, without
authority, has actively induced and continues to actively induce infringement of
claims 1, 3, 4, 5, 6, 30, 32 and 33 of the ’514 patent in violation of 35 U.S.C. §
271(b). In particular, Plaintiff alleges that the claims of the ‘514 patent are
directly infringed by Defendant in violation of 35 U.S.C. § 271(a) in the course of
their normal use. Also, Defendant encourages others to directly infringe the claims
Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 6 of 20
COMPLAINT -7-
of the ’514 patent by among other things, advertising and promoting the sale and
use of the accused products. Plaintiff also alleges that Defendant has knowingly
induced and continues to induce infringement of the ‘514 patent by providing
operating manuals, guides, instructional and /or informational videos and other
materials designed to instruct others how to use the products in an infringing
manner as more fully described herein.
24. Upon information and belief, Defendant, without authority, has
contributed and continues to contribute to the infringement of claims 1, 3, 4, 5, 6,
30, 32, and 33 of the ’514 patent in violation of 35 U.S.C. § 271(c) by importing
into the United States, selling and/or offering to sell within the United States
accused products that it knows (a) infringe the aforementioned claims of the ‘514
patent by embodying a System and Method for Managing Mobile Communications
which includes but the Dropcam and Dropcam Pro wireless camera systems, and
without limitation, Defendant’s server and subscription services for remote
monitoring and communication as material components of the accused products,
(b) which were made and/or especially adapted for use in the accused products, (c)
which the Defendant knows to be especially adapted for use in infringing the ’514
patent, and (d) are not staple articles of commerce suitable for substantial noninfringing
use with respect to the ’514 patent.
25. On information and belief, Defendant sells, ships or otherwise
delivers the accused products in the United States with all the features required to
infringe the asserted claims of the ’514 patent. On information and belief, these
products are designed to practice the infringing features.
26. Plaintiff has been irreparably harmed by these acts of infringement
and has no adequate remedy at law. Upon information and belief, infringement of
the ’514 patent is ongoing and will continue unless Defendant is enjoined from
further infringement by the court.
COUNT TWO
Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 7 of 20
COMPLAINT -8-
INFRINGEMENT OF THE ’522 PATENT BY DEFENDANT
27. Plaintiff re-alleges and incorporates by reference each of the
allegations set forth in paragraphs 1 through 17 above.
28. Defendant has knowledge of infringement of the ’522 patent since at
least the filing of this complaint.
29. Upon information and belief, Defendant, without authority, (a) has
knowingly directly infringed and continues to directly infringe the ’522 patent by
making, using, offering to sell, selling within the United States, or importing into
the United States, products that practice claims 1, 3, 6, 17, 21, 24 and 25 of the
’522 patent in violation of 35 U.S.C. § 271(a); (b) has induced and continues to
induce infringement of claims 1, 3, , 6, 17, 21, 24 and 25 of the ’522 patent in
violation of 35 U.S.C. § 271(b); and (c) has contributed and continues to contribute
to the infringement of claims 1, 3, 6, 17, 21, 24 and 25 of the ’522 patent in
violation of 35 U.S.C. § 271(c).
30. The accused products, alone or in combination with other products,
directly or alternatively under the doctrine of equivalents practice each of the
limitations of independent claims 1 and 17 as well as dependent claims 3, 6, 21, 24
and 25 of the ’522 patent in violation of 35 U.S.C. § 271(a).
31. Defendant’s product literature, materials and instructional videos also
advertise and encourage customers to use the accused product(s) for remote
monitoring, which utilizes the devices described by the ’522 patent and in a
manner Defendant knows infringes the patent.
32. Upon information and belief, Defendant, in the United States, without
authority, has also actively induced and continues to actively induce infringement
of claims 1, 3, , 6, 17, 21, 24 and 25 of the ’522 patent in violation of 35 U.S.C. §
271(b). In particular, Plaintiff alleges that the claims of the ‘522 patent are directly
infringed by Defendant in violation of 35 U.S.C. § 271(a) in the course of their
normal use. Also, Defendant encourages others to directly infringe the claims of
Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 8 of 20
COMPLAINT -9-

the ‘522 patent by among other things, advertising and promoting the sale and use
of the accused products. Plaintiff also alleges that Defendant has knowingly
induced and continues to induce infringement of the ‘522 patent by providing
operating manuals, guides, instructional and /or informational videos and other
materials designed to instruct others how to use the products in an infringing
manner as more fully described herein.
33. Upon information and belief, Defendant, without authority, has
contributed and continues to contribute to the infringement of claims 1, 3, 6, 17,
21, 24 and 25 of the ’522 patent in violation of 35 U.S.C. § 271(c) by importing
into the United States, selling and/or offering to sell within the United States
accused products that it knows (a) infringe the aforementioned claims of the ‘522
patent by embodying a System and Method for Managing Mobile Communications
which includes but the Dropcam and Dropcam Pro wireless camera systems, and
without limitation, Defendant’s server and subscription services for remote
monitoring and communication as material components of the accused products,
(b) which were made and/or especially adapted for use in the accused products, (c)
which the Defendant knows to be especially adapted for use in infringing the ’522
patent, and (d) are not staple articles of commerce suitable for substantial noninfringing
use with respect to the ’522 patent.
34. On information and belief, Defendant sells, ships or otherwise
delivers the accused products with all the features required to infringe the asserted
claims of the ’522 patent. On information and belief, these products are designed
to practice the infringing features.
35. Plaintiff has been irreparably harmed by these acts of infringement
and has no adequate remedy at law. Upon information and belief, infringement of
the ’522 patent is ongoing and will continue unless Defendant is enjoined from
further infringement by the court.
COUNT THREE
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