Upon information and belief, BMW of North America, L.L.C. is a wholly-owned subsidiary of Bayerische Motoren Werke AG, and is also a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 300 Chestnut Ridge Rd, Woodcliff Lake, New Jersey 07677. BMW of North America, L.L.C. may be served through its registered agent, The Corporation Company, 1675 Broadway, Suite #1200, Denver, Colorado 80202. 4.
Throughout this pleading, and unless specifically noted otherwise, Defendants Bayerische Motoren Werke AG and BMW of North America, L.L.C. will be referenced collectively as the “Defendants.” The term “Defendants” also includes the Defendants’ employees, agents, and all other persons or entities that the Defendants direct and/or control.
THE PATENTS U.S. Patent No. 5,479,479
On December 26, 1995, United States Patent No. 5,479,479, entitled “Method and Apparatus for Transmission of and Receiving Signals Having Digital Information Using an Air Link” (the “‘479 patent”) was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the ‘479 patent is attached as Exhibit A. 6.
Pursuant to 35 U.S.C. § 282, the ‘479 patent is presumed valid. 7.
Cellport has marked Cellport’s own products, if any, in accordance with 35 U.S.C. § 287 and is thus entitled to past damages. 8.
Cellport is sole holder of the entire right, title, and interest in the ‘479 patent, including the right to recover damages for past, present, and future infringement.