Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Wireless Media Innovations v. HEB Grocery Company

Wireless Media Innovations v. HEB Grocery Company

Ratings: (0)|Views: 23 |Likes:
Published by PatentBlast
Wireless Media Innovations v. HEB Grocery Company
Wireless Media Innovations v. HEB Grocery Company

More info:

Published by: PatentBlast on Apr 03, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/03/2013

pdf

text

original

 
1IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONWireless Media Innovations, LLC, §§ Civil Action No. 2:13-cv-243Plaintiff, §§v. § DEMAND FOR JURY TRIAL§HEB Grocery Company, LP, §§Defendant. §
PLAINTIFF’S
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Wireless Media Innovations, LLC
(“
WMI
” or “
Plaintiff 
), by way of itsComplaint against Defendant HEB Grocery Company, LP (
Defendant
), hereby alleges asfollows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement under the patent laws of the United
States, title 35 of the United States Code. WMI seeks remedies for Defendant’s infringemen
t of 
WMI’s U.S. Patent Nos. 6,148,291 and 5,712,789
 
(“the Patents
-in-
Suit”)
.
THE PARTIES
 2.
 
Plaintiff WMI is a limited liability company organized under the laws of Delaware with a place of business at 1209 Orange Street, Wilmington, Delaware 19801.3.
 
Upon information and belief, Defendant is a limited partnership organized under the laws of Texas, with its principal place of business and a registered agent for service of  process at 646 South Main Avenue, San Antonio, Texas, 78204, a place of business at 819 NorthMain Street, Lumberton, Texas 77657.
 
 
2
JURISDICTION AND VENUE
 4.
 
This is an action for patent infringement arising under the patent laws of theUnited States, Title 35, United States Code.5.
 
This Court has jurisdiction over the subject matter of this action under 28 U.S.C.§§ 1331 and 1338(a).6.
 
This Court has personal jurisdiction over Defendant by virtue of, inter alia, its presence in Texas, having established minimum contacts with the forum, having conducted business within the State of Texas and this Judicial District, and having engaged in systematicand continuous contacts with the State of Texas. On information and belief, Defendant, directlyand/or through its subsidiaries, affiliates, and/or related entities, uses yard management system(s)and operative methods associated therewith to monitor the locations, movement, and loadstatuses of container, trailers, and/or inventory at facilities, including distribution facilities, in theUnited States. On further information and belief, Defendant regularly conducts business in thisJudicial District and has committed acts of infringement of one or more claims of the Patents-in-Suit in this Judicial District.7.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400.
THE PATENTS-IN-SUITU.S. PATENT NOS. 6,148,291 and 5,712,789
8.
 
On November 14, 2000, United States Patent No. 6,
148,291 (“the ’291
 
Patent”),entitled “
CONTAINER AND INVENTORY MONITORING METHODS AND SYSTEM
,”
wasduly and legally issued by the United States Patent and Trademark Office. A true and correctcopy of the
’2
91 Patent is attached as
Exhibit A
to this Complaint.
 
39.
 
On January 27, 1998 United States Patent No. 5,712,789 (“the ’789 Patent”),entitled “CONTAINER MONITORING SYSTEM AND METHOD,” was duly and legallyissued by the United States Patent and Trademark Office. A true and correct copy of the ’789
Patent is attached as
Exhibit B
to this Complaint.10.
 
WMI is the assignee and owner of the right, title, and interest in and to thePatents-in-Suit, including the right to assert all causes of action arising under the Patents-in-Suitand the right to any remedies for infringement thereof.
FIRST CLAIM FOR RELIEFINFRINGEMENT OF U.S. PATENT NO. 6,148,291
11.
 
WMI realleges and incorporates by reference the allegations of paragraphs 1through 10 of this Complaint as though fully set forth herein.12.
 
Defendant uses yard management system(s) and operative methods associatedtherewith to monitor the locations, movement, and load statuses of container, trailers, andinventory at its facilities, including its distribution centers.13.
 
At least by
Defendant’s monitoring of the containers and trailers at its distribution
centers, Defendant has infringed and continues to infring
e one or more claims of the ’291 Patent,
either literally or under the doctrine of equivalents, by using infringing systems and methods,without authorization, in this Judicial District and elsewhere in the United States in violation of 35 21 U.S.C. § 271, including, but not limited to, 35 U.S.C. § 271(a).14.
 
The infringement of the ’291 Patent by Defendant has caused and continues to
cause damage to WMI in an amount to be determined at trial.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->