Case No. 8:14-cv-00439COMPLAINT FOR PATENT INFRINGEMENT
Venue is proper in this judicial District pursuant to 28 U.S.C. §§ 1391(b)-(d) and 1400(b) because UEI does business in the State of California, has committed acts of infringement in this State and in this District, has a regular and established place of business in this District, and is subject to personal jurisdiction in this District.
COUNT I INFRINGEMENT OF THE '351 PATENT
Peel realleges and incorporates by reference the allegations of Paragraphs 1-7 of this Complaint as though fully set forth herein.
Peel is the owner of all rights, title, and interest, including the right to sue for past infringement, in and to the '351 Patent, entitled "Method and apparatus for remote control," which was duly and properly issued by the USPTO on April 12, 2005. Peel therefore has standing to sue for infringement of the '351 Patent. Attached hereto as Exhibit A is a true and correct copy of the '351 Patent.
Upon information and belief, in violation of 35 U.S.C. § 271, UEI is and has been directly infringing, literally and/or under the doctrine of equivalents, contributing to the infringement of, and/or inducing others to infringe the '351 Patent by making, having made, using, selling, and/or offering to sell in the United States, or importing into the United States, products or processes that practice the inventions claimed in the '351 Patent, including without limitation, the UEI Atlas URC 1056, UEI Titan URC 1056, UEI Comcast DVR Silver URC 1056, UEI Comcast DVR Platinum URC 1167, UEI Comcast XMP 1067, UEI 1060 Charter C4000, UEI Pioneer Generic OCAP URC C4000 and S4000, UEI Cox DVR Silver URC 7820, UEI Nova, UEI Essence, UEI Contour, UEI Polaris, and UEI URC 1090 Remote Controls (collectively, the "Accused UEI Instrumentalities").
Upon information and belief, UEI has had actual knowledge of the '351 Patent and its inducement and contributory infringement at least since the filing of this lawsuit if not earlier. With full knowledge of its inducement and