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SportBrain Holdings v. Polar Electro

SportBrain Holdings v. Polar Electro

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00553-UNA: SportBrain Holdings Inc. v. Polar Electro Inc. USA. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-lamZ for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00553-UNA: SportBrain Holdings Inc. v. Polar Electro Inc. USA. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-lamZ for more info.

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Published by: PriorSmart on Apr 28, 2014
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04/28/2014

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE
SPORTBRAIN HOLDINGS INC., Plaintiff, v. POLAR ELECTRO, INC., USA, Defendant. Civil Action No. ________________
JURY TRIAL DEMANDED ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff SportBrain Holdings Inc. (“Plaintiff” or “SportBrain Holdings”), by and through its undersigned counsel, files this Original Complaint for Patent Infringement against Defendant Polar Electro, Inc., USA (hereinafter, “Defendant”) as follows:
NATURE OF THE ACTION
1.
 
This is a patent infringement action to stop Defendant's infringement of Plaintiff's United States Patent No. 7,454,002 entitled “
 Integrating Personal Data Capturing Functionality  Into a Portable Computing Device and a Wireless Communication Device
” (hereinafter, the “’002 Patent” or the “Patent-in-Suit”). A copy of the ‘002 Patent, is attached hereto as Exhibit A. Plaintiff seeks injunctive relief and monetary damages.
PARTIES
2.
 
SportBrain Holdings is a corporation organized and existing under the laws of the State of Texas since November 19, 2010. Plaintiff maintains its principal place of business at 6700 Woodlands Parkway No. 230-181, The Woodlands, Montgomery County, Texas 77382-2575. Plaintiff is the exclusive licensee of the Patent-in-Suit, and possesses all rights thereto,
 
including the exclusive right to exclude the Defendant from making, using, selling, offering to sell or importing in this district and elsewhere into the United States the patented invention(s) of the Patent-in-Suit, the right to sublicense the Patent-in-Suit, and to sue the Defendant for infringement and recover past damages. 3.
 
Upon information and belief, Polar Electro, Inc., USA is organized under the laws of Delaware with its principal place of business located at 1111 Marcus Avenue, Suite M15, Lake Success, New York, 11042-1034 and may be served with process through its Registered Agent for Service, United States Corporation Company which is located at 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808.
JURISDICTION AND VENUE
4.
 
This action arises under the Patent Laws of the United States, 35 U.S.C. § 1
et seq.
, including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter  jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a). 5.
 
The Court has personal jurisdiction over Defendant because: Defendant is present within or has minimum contacts within the State of Delaware and the District of Delaware; Defendant has purposefully availed itself of the privileges of conducting business in the State of Delaware and in the District of Delaware; Defendant has sought protection and benefit from the laws of the State of Delaware; Defendant regularly conducts business within the State of Delaware and within the District of Delaware, and Plaintiff’s causes of action arise directly from Defendant’s business contacts and other activities in the State of Delaware and in the District of Delaware. 6.
 
More specifically, Defendant, directly and/or through its intermediaries, makes, ships, distributes, uses, offers for sale, sells, and/or advertises (including via the provision of an
D. Del: SportBrain Holdings Inc. v. Polar Electro, Inc., USA Page |2 ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
 
interactive web page) its products and services in the United States, the State of Delaware, and the District of Delaware, which products and services infringe the ’002 Patent. Upon information and belief, Defendant has committed patent infringement in the State of Delaware and in the District of Delaware. Defendant solicits customers for its products and services in the State of Delaware and in the District of Delaware. Defendant has many paying customers who are residents of the State of Delaware and the District of Delaware and who use Defendant’s  products and services in the State of Delaware and in the District of Delaware. 7.
 
Venue is proper in the District of Delaware pursuant to 28 U.S.C. §§ 1391 and 1400(b).
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,454,002
8.
 
Plaintiff re-alleges and incorporates by reference each of Paragraph 1-7 above. 9.
 
The ’002 Patent was duly and legally issued by the United States Patent and Trademark Office on November 18, 2008 after full and fair examination. Plaintiff is the exclusive licensee of the ’002 Patent, and possesses all right, title and interest in the ’002 Patent including the right to enforce the ’002 Patent, and the right to sue Defendant for infringement and recover past damages. The ’002 Patent is in full force and effect. 10.
 
On information and belief, Defendant operates, advertises, implements, and controls its website, www.polar.com/us-en, to support its products and services that infringe the ’002 Patent, including but not limited to: Polar Loop and related app and/or website (hereinafter, the “Accused Products and Services”). 11.
 
Plaintiff is informed and believes that Defendant has infringed and continues to infringe the ’002 Patent, either literally or under the doctrine of equivalents. Upon information and belief, Defendant has infringed and continues to infringe one or more claims of the ’002
D. Del: SportBrain Holdings Inc. v. Polar Electro, Inc., USA Page |3 ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

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