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LVL vs. whole cellular industry

LVL vs. whole cellular industry

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LVL PATENT GROUP, LLC, Plaintiff, v.

Civil Action No. CELLCO PARTNERSHIP; AT&T MOBILITY, LLC; SPRINT SPECTRUM L.P.; T-MOBILE USA, INC.; CRICKET COMMUNICATIONS, INC.; LEAP WIRELESS INTERNATIONAL, INC.; VIRGIN MOBILE USA, L.P.; UNITED STATES CELLULAR CORPORATION; METROPCS WIRELESS, INC.; TRACFONE WIRELESS, INC.; BOOST MOBILE, LLC; APPLE, INC.; RESEARCH IN MOTION CORPORATION; NOKIA INC.; SAMSUNG TELECOMMUNICATIONS AMERICA, INC.; MOTOROLA MOBILITY, INC.; HTC AMERICA, INC.; SHARP ELECTRONICS CORPORATION; PANTECH WIRELESS, INC.; LG ELECTRONICS MOBILECOMM U.S.A., INC.; HEWLETT-PACKARD COMPANY; SONY ERICSSON MOBILE COMMUNICATIONS (USA), INC.; CASIO AMERICA, INC.; FUTUREWEI TECHNOLOGIES, INC. DBA HUAWEI; ZTE (USA) INC.; KYOCERA WIRELESS CORP.; AND SANYO NORTH AMERICA CORPORATION, Defendants. COMPLAINT Plaintiff LVL Patent Group, LLC, (“LVL”) alleges as follows: PARTIES 1. LVL is a Virginia limited liability company with a principal place of business at DEMAND FOR JURY TRIAL

2331 Mill Road, Suite 100, Alexandria, Virginia 22314. 2. Defendant Cellco Partnership, doing business as Verizon Wireless (“Verizon”), is

a Delaware general partnership with its principal place of business at 1 Verizon Way, Basking Ridge, NJ 07920-1025. Verizon has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, Delaware 19801, as its agent for service of process. 1

3.

Defendant AT&T Mobility, LLC (“AT&T”), formerly named Cingular Wireless,

LLC, is a Delaware limited liability company and a wholly-owned subsidiary of AT&T, Inc., with its principal place of business at 5565 Glenridge Connector, Atlanta, Georgia 30342. AT&T has appointed The Corporation Trust Company, Corporation Trust Center 1209 Orange St., Wilmington, Delaware 19801, as its agent for service of process. 4. Defendant Sprint Spectrum L.P. (“Sprint”) is a Delaware limited partnership with

its principal place of business at 2001 Edmund Halley Dr., Reston, Virginia 20191. Sprint has appointed Corporation Service Company, 2711 Centerville, Rd., Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 5. Defendant T-Mobile USA, Inc. (“T-Mobile”) is a Delaware corporation, with its

principal place of business at 12920 SE 38th Street, Bellevue, Washington 98006. T-Mobile has appointed Corporation Service Company, 2711 Centerville, Road Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 6. On information and belief, defendant Cricket Communications, Inc. (“Cricket”) is

a Delaware corporation, with its principal place of business at 10307 Pacific Center Court, San Diego, California 92121. Cricket has appointed Corporation Service Company, 2711 Centerville Road Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 7. On information and belief, defendant Leap Wireless International, Inc. (“Leap”) is

a Delaware corporation, with its principal place of business at 5887 Copley Drive, San Diego, CA 92111. Leap has appointed The Prentice-Hall Corporation System, Inc., 2711 Centerville Road Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 8. Defendant Virgin Mobile USA, L.P. (“Virgin”) is a Delaware limited partnership,

with its principal place of business at 10 Independence Boulevard, Warren, New Jersey 07059. Virgin has appointed Corporation Service Company, 2711 Centerville, Rd., Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 9. Defendant United States Cellular Corporation (“U.S. Cellular”) is a Delaware

corporation, with its principal place of business at 8410 West Bryn Mawr, Suite 700 Chicago, 2

Illinois 60631. U.S. Cellular has appointed The Prentice-Hall Corporation System, Inc., 2711 Centerville Road Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 10. Defendant MetroPCS Wireless, Inc. (“MetroPCS”) is a Delaware corporation

with its principal place of business at 8144 Walnut Hill Lane, Suite 800, Dallas, Texas 752314345. MetroPCS has appointed The Prentice-Hall Corporation System, Inc., 2711 Centerville Road Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 11. Defendant TracFone Wireless, Inc. (“TracFone”) is a Delaware corporation, with

its principal place of business at 9700 NW 112th Avenue, Medley, Florida 33178. TracFone has appointed Corporate Creations Network Inc., 2411 Silverside Road Rodney Building #104, Wilmington, Delaware 19810, as its agent for service of process. 12. Defendant Boost Mobile, LLC (“Boost”) is a Delaware limited liability company,

with its principal place of business at 6200 Spring Parkway, Overland Park, Kansas 66251. Boost has appointed Corporation Service Company, 2711 Centerville, Rd., Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 13. Defendant Apple, Inc. (“Apple”) is a California corporation with its principal

place of business at 1 Infinite Loop, Cupertino, California, 95014. Apple has appointed CT Corporation System, 818 West Seventh Street, Los Angeles, California 90017, as its agent for service of process. 14. Defendant Research In Motion Corporation (“RIM”) is a Delaware corporation,

with its principal place of business at 122 West John Carpenter Parkway, Suite 430, Irving, Texas 75039. RIM has appointed The California Trust Company, Corporation Trust Center,

1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 15. Defendant Nokia Inc. (“Nokia”) is a Delaware corporation with its principal place

of business at 6000 Connection Drive, #18-931, Irving, Texas 75039. Nokia has appointed National Register Agents, Inc., 160 Greentree Drive, Suite 101, Dover, Delaware 19904, as its agent for service of process.

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16.

Defendant Samsung Telecommunications America, Inc. (“Samsung”) is a

Delaware Limited Liability Corporation with its principal place of business at 1301 Lookout Drive, Richardson, Texas 75082. Samsung has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 17. On information and belief, defendant Motorola Mobility, Inc. (“Motorola”) is a

Delaware corporation with its principal place of business at 600 North U.S. Highway 45, Libertyville, Illinois 60048. The Defendant has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 18. On information and belief, defendant HTC America, Inc. (“HTC”) is a

Washington corporation with its principal place of business at 13920 SE Eastgate Way, Suite 400 Bellevue, Washington 98005. The Defendant has appointed National Registered Agents, Inc., 1780 Barnes Blvd SW, Tumwater, Washington 98512, as its agent for service of process. 19. On information and belief, defendant Sharp Electronics Corporation (“Sharp”) is

a New York corporation with a principal place of business at 1 Sharp Plaza, Mahwah, New Jersey 07495. Sharp has appointed C T Corporation System, 111 8th Avenue, New York, New York 10011, as its agent for service of process. 20. On information and belief, defendant Pantech Wireless, Inc. (“Pantech”) is a

Georgia corporation with its principal place of business located at 5607 Glenridge Drive, Suite 500, Atlanta, Georgia 30342. The defendant has appointed Kathleen Elizabeth Jones, Secretary, Pantech Wireless, Inc. 5607 Glenridge Drive, Suite 500, Atlanta Georgia 30342, as its agent for service of process. 21. Defendant LG Electronics MobileComm U.S.A., Inc. (“LG”) is a California

corporation with its principal place of business at 10225 Willow Creek Road, San Diego, California, 92131. LG has appointed Alan K. Tse, 10101 Old Grove Road, San Diego,

California 92131, as its agent for service of process.

4

22.

Defendant Hewlett-Packard Company (“HP”) is a California corporation with its

principal place of business at 3000 Hanover Street, Palo Alto, California, 94304. HP has appointed CT Corporation System, 818 West Seventh Street, Los Angeles, California 90017, as its agent for service of process. 23. Defendant Sony Ericsson Mobile Communications (USA), Inc. (“Sony Ericsson”)

is a Delaware corporation, with its principal place of business located at 7001 Development Drive, Research Triangle Park, North Carolina, 27709. Sony Ericsson has appointed Capital Services Inc., 1675 South State Street, Suite B, Dover, Delaware 19901, as its agent for service of process. 24. Defendant Casio America, Inc. (“Casio”) is a New York corporation with a

principal place of business at 570 Mount Pleasant Avenue, Dover, New Jersey 07801. Casio has appointed Corporation Service Company, 80 State St., Albany, New York, 12207, as its agent for service of process. 25. Defendant Futurewei Technologies, Inc. dba Huawei (“Huawei”) is a Texas

corporation with its principal place of business at 1700 Alma Drive, Suite 100, Plano, Texas 75075. Huawei has appointed The California Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 26. On information and belief, defendant ZTE (USA) Inc. (“ZTE”) is a New Jersey

corporation with its principal place of business at 2425 N. Central Expressway, Richardson, Texas 75080. ZTE has appointed Lixin Cheng, 33 Wood Avenue South, 2nd Floor, Iselin, New Jersey 08830,as its agent for service of process. 27. Defendant Kyocera Wireless Corp. (“Kyocera”) is a Delaware corporation with

its principal place of business at 10300 Campus Point Drive, San Diego, California, 92121-1511. Kyocera has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 28. Defendant Sanyo North America Corporation, (“Sanyo”) is a Delaware

corporation, with its principal place of business at 2055 Sanyo Avenue, San Diego, California, 5

92154. Sanyo has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 29. Defendants Verizon, AT&T, Sprint, T-Mobile, Cricket, Leap, Virgin, U.S.

Cellular, MetroPCS, TracFone, and Boost are hereinafter collectively referred to as “Wireless Carriers.” 30. Defendants Apple, RIM, Nokia, Samsung, Motorola, HTC, Sharp, Pantech, LG,

HP, Sony Ericsson, Casio, Huawei, ZTE, Kyocera, and Sanyo are hereinafter collectively referred to as “Wireless Handset Manufacturers.” JURISDICTION AND VENUE 31. This action arises under the patent laws of the United States, Title 35 of the

United States Code. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 32. Venue is proper in this district under 28 U.S.C. §§ 1391 (b)-(d) and 1400(b)

because each defendant is subject to personal jurisdiction in this district, has committed acts of patent infringement in this district, or has a regular and established place of business in this district. COUNT I (Infringement of U.S. Patent No. 6,044,382) 33. LVL is the owner by assignment of United States Patent No. 6,044,382 (“the ‘382

patent”), entitled “Data Transaction Assembly Server.” The ‘382 patent issued on March 28, 2000. A true and correct copy of the ‘382 patent is attached hereto as Exhibit A. 34. Each of the Wireless Carriers has infringed and still is infringing at least claims 1

and 19 of the ‘382 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices that include a data transaction assembly server and data transaction processing systems that include the mobile communication devices, cellular transmission medium, and mobile network communications platform and supporting equipment. 6

35.

Each of the Wireless Handset Manufacturers has infringed and still is infringing at

least claim 1 of the ‘382 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices that include a data transaction assembly server. 36. As a result of each defendant’s infringement of the ‘382 patent, LVL has suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each Wireless Carriers’ and Wireless Handset Manufacturers’ infringing activities are enjoined by this Court. 37. Unless a permanent injunction is issued enjoining each defendant and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the ‘382 patent, LVL will suffer irreparable harm. COUNT II (Infringement of U.S. Patent No. 5,805,676) 38. LVL is the owner by assignment of United States Patent No. 5,805,676 (“the ‘676

patent”), entitled “Telephone/Transaction Entry Device and System for Entering Transaction Data Into Databases.” The ‘676 patent issued on September 8, 1998. A true and correct copy of the ‘676 patent is attached hereto as Exhibit B. 39. Each of the Wireless Carriers has infringed and still is infringing at least claims 1

and 16 of the ‘676 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices and data transaction processing systems that include the mobile communication devices, cellular transmission medium, and mobile network communications platform and supporting equipment. 40. Each of the Wireless Handset Manufacturers has infringed and still is infringing at

least claim 16 of the ‘676 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices.

7

41.

As a result of each defendant’s infringement of the ‘676 patent, LVL has suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendant’s infringing activities are enjoined by this Court. 42. Unless a permanent injunction is issued enjoining each defendant and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the ‘676 patent, LVL will suffer irreparable harm. COUNT III (Infringement of U.S. Patent No. 5,987,103) 43. LVL is the owner by assignment of United States Patent No. 5,987,103 (“the ‘103

patent”), entitled “Telephone/Transaction Entry Device and System for Entering Transaction Data Into Databases.” The ‘103 patent issued on November 16, 1999. A true and correct copy of the ‘103 patent is attached hereto as Exhibit C. 44. Each of the Wireless Carriers has infringed and still is infringing at least claims 1

and 18 of the ‘103 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices and data transaction processing systems that include the mobile communication devices, cellular transmission medium, and mobile network communications platform and supporting equipment. 45. Each of the Wireless Handset Manufacturers has infringed and still is infringing at

least claim 18 of the ‘103 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices. 46. As a result of each defendant’s infringement of the ‘103 patent, LVL has suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendant’s infringing activities are enjoined by this Court. 47. Unless a permanent injunction is issued enjoining each defendant and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the ‘103 patent, LVL will suffer irreparable harm.

8

COUNT IV (Infringement of U.S. Patent No. 8,019,060) 48. LVL is the owner by assignment of United States Patent No. 8,019,060 (“the ‘060

patent”), entitled “Telephone/Transaction Entry Device and System for Entering Transaction Data Into Databases.” The ‘060 patent issued on September 13, 2011. A true and correct copy of the ‘060 patent is attached hereto as Exhibit D. 49. Each of the Wireless Carriers has infringed and still is infringing at least claim 1

of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or practicing a method of obtaining data transaction information entered on a telephone, forming a plurality of exploded data transactions for the single transaction, and sending said different exploded data transactions to different destinations, using its mobile services network platform. 50. As a result of each Wireless Carrier’s infringement of the ‘060 patent, LVL has

suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendant’s infringing activities are enjoined by this Court. 51. Unless a permanent injunction is issued enjoining each Wireless Carrier and its

agents, servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the ‘060 patent, LVL will suffer irreparable harm. PRAYER FOR RELIEF LVL prays for the following relief: 1. A judgment that each defendant has infringed (either literally or under the

doctrine of equivalents) one or more claims of the Asserted Patents; 2. A permanent injunction enjoining defendants and their officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert or participation with them, from infringing each of the Asserted Patents; 3. An award of damages resulting from each defendant’s acts of infringement in

accordance with 35 U.S.C. § 284; 9

4.

A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. § 285 and awarding to LVL its reasonable attorneys’ fees against each defendant; 5. A judgment and order requiring defendants to provide an accounting and to pay

supplemental damages to LVL, including without limitation, pre-judgment and post-judgment interest; and 6. Any and all other relief to which LVL may show itself to be entitled. DEMAND FOR JURY TRIAL LVL demands a trial by jury on all issues so triable. September 15, 2011 BAYARD, P.A. /s/ Richard D. Kirk Richard D. Kirk (rk0922) Stephen B. Brauerman (sb4952) 222 Delaware Avenue, Suite 900 Wilmington, DE 19801 (302) 655-5000 rkirk@bayardlaw.com sbrauerman@bayardlaw.com Attorneys for Plaintiff, LVL Patent Group, LLC

Of Counsel: Marc A. Fenster Russ, August & Kabat 12424 Wilshire Boulevard, 12th Floor Los Angeles, CA 90025-1031 (310) 826-7474 mfenster@raklaw.com

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