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Safe Storage v. ATTO Technology et. al.

Safe Storage v. ATTO Technology et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01090-UNA: Safe Storage LLC v ATTO Technology Inc. et al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8BH for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01090-UNA: Safe Storage LLC v ATTO Technology Inc. et al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8BH for more info.

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Published by: PriorSmart on Jun 18, 2013
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06/18/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
 SAFE STORAGE LLC,Plaintiff,v.ATTO TECHNOLOGY, INC., HUAWEITECHNOLOGIES CO., LTD., HUAWEITECHNOLOGIES USA INC., ANDHUAWEI ENTERPRISE USA INC.,Defendants.))))))))))))C.A. No. ______________ 
JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which Plaintiff Safe Storage LLC (“SafeStorage”) makes the following allegations against Defendant ATTO Technology, Inc. (“ATTO”)and Defendants Huawei Technologies Co., Ltd., Huawei Technologies USA Inc., and HuaweiEnterprise USA Inc. (“Huawei”):
PARTIES
1.
 
Plaintiff Safe Storage LLC is a Delaware limited liability company.2.
 
On information and belief, Defendant ATTO Technology, Inc. is a Delawarecorporation with its principal office at 155 CrossPoint Parkway, Amherst, New York 14068.ATTO has appointed Incorporating Services, Ltd., 3500 S DuPont Highway, Dover, Delaware19901, as its agent for service of process.3.
 
On information and belief, Defendant Huawei Technologies Co., Ltd. is acompany organized under the laws of the People’s Republic of China with its principal office atHuawei Industrial Base, Bantian Longgang, Shenzhen, P.R.C. On information and belief,
 
 2Huawei Technologies Co., Ltd. conducts business in the United States, directly or through itssubsidiaries, the relevant ones of which are also named defendants in this action.4.
 
On information and belief, Defendant Huawei Technologies USA Inc. is a Texascorporation with its principal office at 5700 Tennyson Parkway, Suite 500, Plano, TX 75024.Huawei Technologies USA Inc. has appointed C T Corporation System, 350 North St. Paul St.,Ste. 2900, Dallas, TX 75201, as its agent for service of process. On information and belief,Defendant Huawei Technologies USA Inc. is a wholly-owned subsidiary of HuaweiTechnologies Co., Ltd. whose board members are appointed exclusively by HuaweiTechnologies Co., Ltd.5.
 
On information and belief, Defendant Huawei Enterprise USA Inc. is a Californiacorporation with its principal office at 3965 Freedom Circle, 11
th
Floor, Santa Clara, CA 95054.Huawei Enterprise USA Inc. has appointed C T Corporation System, 818 W Seventh St, LosAngeles, CA 90017. On information and belief, Defendant Huawei Enterprise USA Inc. is awholly-owned subsidiary of Huawei Technologies Co., Ltd. whose board members are appointedexclusively by Huawei Technologies Co., Ltd.6.
 
Upon information and belief, at all pertinent times herein mentioned, Defendants,and each of them, were the agents and/or alter egos of their Co-Defendants and shared a unity of interest with their Co-Defendants, and, in doing the things hereinafter alleged, were acting withinthe course and scope of such agency and with the permission and consent of their Co-Defendants. Defendants, and each of them, had and have actual or constructive knowledge of theevents, transactions and occurrences alleged herein, and either knew or should have known of theconduct of their Co-Defendants and cooperated in, benefited from and/or ratified such conduct.At all pertinent times, Huawei Technologies Co., Ltd., Huawei Technologies USA Inc., and
 
 3Huawei Enterprise USA Inc. have been indistinguishable entities for purposes of the claims andallegations herein.
See
http://www.huawei.com/en/about-huawei/contact-us/index.htm(identifying the locations of Huawei Technologies Co., Ltd., Huawei Technologies USA Inc.,and Huawei Enterprise USA Inc.).
JURISDICTION AND VENUE
7.
 
This action arises under the patent laws of the United States, 35 U.S.C. § 1,
et  seq.
, including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331and 1338(a).8.
 
This Court has personal jurisdiction over ATTO and Huawei because, amongother reasons, ATTO and Huawei have done business in this District, have committed andcontinue to commit acts of patent infringement in this District, and have harmed and continues toharm Safe Storage in this District, by, among other things, using, selling, offering for sale, andimporting infringing products and services in this District. In addition, ATTO is incorporatedunder the laws of the State of Delaware.9.
 
Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(c) and 1400(b) because, among other reasons, ATTO and Huawei are subject to personal jurisdiction in thisDistrict, and have committed and continue to commit acts of patent infringement in this District.On information and belief, for example, ATTO and Huawei have used, sold, offered for sale, andimported infringing products in this District.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 6,978,346
10.
 
United States Patent No. 6,978,346 (“the Safe Storage Patent” or “the ’346Patent”) was invented by Sung-Hoon Baek, Joong-Bae Kim, and Yong-Youn Kim of theElectronics and Telecommunications Research Institute (“ETRI”). ETRI is the national leader in

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