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Bear Creek Technologies v. T-Mobile

Bear Creek Technologies v. T-Mobile

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-00727-UNA: Bear Creek Technologies Inc. v. T-Mobile USA Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l4jR for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-00727-UNA: Bear Creek Technologies Inc. v. T-Mobile USA Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l4jR for more info.

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Published by: PriorSmart on Aug 18, 2011
Copyright:Public Domain

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02/01/2013

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 1
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
BEAR CREEK TECHNOLOGIES, INC., ))Plaintiff, ))v. ) Case No. _________________)T-MOBILE USA, INC., )) JURY TRIAL DEMANDED)Defendant. )
COMPLAINT
Plaintiff, Bear Creek Technologies, Inc. (“BCT”), and for causes of action against T-Mobile USA, Incorporated (“Defendant”), hereby states and alleges as follows:
NATURE OF ACTION
1.
 
This is a patent infringement action arising under the Patent Laws of the UnitedStates, 35 U.S.C. § 271
et seq.
, and involving voice-over-internet-protocol-enablingtechnologies.
2.
 
As the internet rose in prominence in the early to mid 1990s, technologiesdeveloped to allow people to use computers to place long distance telephone calls over theinternet, rather than the public switched telephone network (“PSTN”), thereby avoiding long-distance charges. Understanding the economic impact this development would have upon thetelecommunications industry, tensions developed between providers of standard telephoneswitching technologies and proponents of what was soon to be called Voice Over InternetProtocol (“VoIP”) technology.
3.
 
Rather than viewing VoIP technology as an exclusive alternative to standardtelephony equipment and infrastructure, Joseph B. Thompson, founder of Bear Creek 
 
 2Technologies, Inc., envisioned a paradigm in which VoIP would complement and cooperate withexisting standard telephony equipment and with the switching and trunking infrastructure alreadyin place.
4.
 
Joe Thompson applied for a patent in early 1996 to memorialize these novel ideasduring a time when telephony companies were each spending millions of dollars per yeardeploying and managing new telephone trunking and PSTN infrastructure.
5.
 
On February 15, 2011, the United States Patent and Trademark Office(“USPTO”) duly and legally issued United States Patent Number 7,889,722 (the “’722 Patent”),entitled “System for Interconnecting Standard Telephony Communications Equipment toInternet Protocol Networks” after a full and fair examination. A true and correct copy of the’722 Patent is attached hereto as Exhibit A.
6.
 
Bear Creek Technologies, Inc. is the assignee and owner of the ’722 Patent, andowns all right, title and interest in, to and under, the ’722 Patent, including the right to sue forinfringement of any and all claims thereof. A true and correct copy of the Assignment to BearCreek Technologies, Inc., and a true and correct copy of an electronic receipt from the USPTOshowing that the Assignment has been submitted to the USPTO for recordation, are attachedhereto as Exhibit B.
7.
 
Defendant is infringing and contributing to and inducing infringement of one ormore claims of the ’722 Patent.
PARTIES
8.
 
Bear Creek Technologies, Inc. (“BCT”) is a corporation organized and existingunder the laws of Delaware with its principal place of business in Orange Beach, Alabama.
9.
 
T-Mobile USA, Inc. (“Defendant”) is a corporation organized and existing under
 
 3the laws of the State of Delaware, with its principal place of business at 12920 SE 38
th
Street,Bellevue, Washington. Defendant and/or one or more of its affiliates provides VoIP Services(“the VoIP Services”) as described below to subscribers, which VoIP Services, on informationand belief, may or may not be marketed or provided under a specific name or trade name. TheVoIP Services include but are not limited to the T-Mobile@Home service.
JURISDICTION AND VENUE
10.
 
This Court has exclusive original jurisdiction of the subject matter of this actionunder 28 U.S.C. § 1338(a).
11.
 
This Court has personal jurisdiction over Defendant. Defendant is incorporatedunder the laws of the State of Delaware. In addition, Defendant has conducted and does conductregular and ongoing business in Delaware. Upon information and belief, Defendant, directly orthrough intermediaries (including distributors, agents, retailers, subsidiaries, affiliates, andothers) ships, distributes offers for sale, sells, advertises, operates and/or uses its VoIP productsand services in the United States and in Delaware. On information and belief, Defendant hascommitted acts of patent infringement in Delaware, including, making, using, offering for sale,and/or selling infringing VoIP products or services in Delaware. These products or services havebeen used and continued to be used and/or purchased by consumers in Delaware and consumersin Delaware benefit from these products and services.
12.
 
Venue is proper under 28 U.S.C. §§ 1391 and 1400(b) because both BCT andDefendants are incorporated under the laws of the State of Delaware. In addition, uponinformation and belief, Defendant regularly conducts business in Delaware and has made, used,offered to sell, and sold, and/or continue to make, use, offer to sell, and/or sell products and/orservices within Delaware, including without limitation, VoIP products and services which, upon

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