Case: 1:14-cv-02422-CAB Doc #: 12 Filed: 02/09/15 1 of 24. PageID #: 166
UNITED STATES DISTRICT COURT
FOR NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ENDEAVOR MESHTECH, INC.,
Plaintiff,
Case No. 1:14-cv-02422-CAB
FIRST AMENDED COMPLAINT FOR
PATENT INFRINGEMENT AND
INJUNCTIVE RELIEF
v.
EATON CORPORATION, COOPER
BUSSMANN LLC, and COOPER POWER
SYSTEMS LLC.
JURY TRIAL DEMANDED
Defendant.
Plaintiff Endeavor MeshTech, Inc. (“Plaintiff” or “Endeavor”), by and through its
undersigned counsel, files this First Amended Complaint for Patent Infringement against
Defendants Eaton Corporation (“Eaton”), Cooper Bussmann LLC (“Cooper Bussmann”), and
Cooper Power Systems LLC (“Cooper Power”)(collectively, “Defendants”) as follows:
NATURE OF THE ACTION
1.
This is a patent infringement action to stop Defendants’ infringement of
Plaintiff’s United States Patent No. 7,379,981 entitled “Wireless Communication Enabled Meter
and Network” (hereinafter, the “’981 Patent”), United States Patent No. 8,700,749 (hereinafter,
the “’749 Patent”) and United States Patent No. 8,855,019 (hereinafter, the “’981 Patent,” “’749
Patent” and “’019 Patent”, respectively, or “Patents-in-Suit”; copies of which are attached hereto
as Exhibits A-C, respectively). Plaintiff is the owner of the Patents-in-Suit. Plaintiff seeks
injunctive relief and monetary damages.
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PARTIES
2.
Endeavor MeshTech, Inc. is a corporation organized and existing under the laws
of the State of Delaware. Plaintiff maintains its principal place of business at 3140 Broadway,
46th Floor, New York, NY, 10005. Plaintiff is the owner of the Patents-in-Suit, and possesses all
rights thereto, including the exclusive right to exclude 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 Patents-in-Suit, the right to license the Patents-in-Suit, and to sue the
Defendant for infringement and recover past damages.
3.
Upon information and belief, Eaton is a corporation duly organized and existing
under the laws of the State of Ohio since August 28, 1916, having a principal place of business
located at 1111 Superior Avenue, Cleveland, Ohio 44114. Defendant may be served through its
registered agent CT Corporation System, 1300 East Ninth Street, Cleveland, OH 44114. Eaton is
the parent entity that controls the activities of Cooper Bussmann and Cooper Power.
4.
Upon information and belief, Cooper Bussmann is a limited liability corporation
duly organized and existing under the laws of the State of Delaware, having a principal place of
business located at 114 Old State Road, Ellisville, MO 63021-5942 and registered to conduct
business in Ohio. Cooper Bussmann is a subsidiary of Eaton. Cooper Bussmann may be served
through its registered agent CT Corporation System, 1300 East Ninth Street, Cleveland, Ohio,
44114.
5.
Upon information and belief, Cooper Power is a limited liability corporation duly
organized and existing under the laws of the State of Delaware, having a principal place of
business located at 2300 Badger Drive, Waukesha, WI 53188-5951 and registered to conduct
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business in Ohio. Cooper Power is a subsidiary of Eaton. Cooper Power may be served through
its registered agent CT Corporation System, 1300 East Ninth Street, Cleveland, Ohio, 44114.
6.
Upon information and belief, Eaton shipped, distributed, made, used, offered for
sale, sold, and/or advertised Home Heartbeat and related systems and services (“Eaton Accused
Products and Services”).
7.
Upon information and belief, Cooper Bussmann ships, distributes, makes, uses,
offers for sale, sells, and/or advertises the Bussmann ELPO brand of products, including but not
limited to ELPRO 915U-2 Wireless Mesh Networking I/O and Gateway with ELPRO Wireless
units and related systems and services and the 315-WH-GT WirelessHART Compliant
Infrastructure Gateway for Wireless Sensor Networks and related systems and services (“Cooper
Bussmann Accused Products and Services”).
8.
Upon information and belief, Cooper Power ships, distributes, makes, uses, offers
for sale, sells, and/or advertises the Cooper Power Systems Advanced Metering Infrastructure
(AMI) systems and related systems and services (“Cooper Power Accused Products and
Services”).
JURISDICTION AND VENUE
9.
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).
10.
The Court has personal jurisdiction over Defendants because: Defendants have
minimum contacts within the State of Ohio and in the Northern District of Ohio; Defendants
have purposefully availed themselves of the privileges of conducting business in the State of
Ohio and in the Northern District of Ohio; Defendants have sought protection and benefit from
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the laws of the State of Ohio; Defendants are registered to do business in Ohio. Defendants
regularly conduct business within the State of Ohio and within the Northern District of Ohio, and
Plaintiff’s causes of action arise directly from Defendants’ business contacts and other activities
in the State of Ohio and in the Northern District of Ohio.
11.
More specifically, Defendants, directly and/or through their intermediaries, ship,
distribute, make, use, import, offer for sale, sell, and/or advertise their products and affiliated
services in the United States, the State of Ohio and the Northern District of Ohio. Upon
information and belief, Defendants have committed patent infringement in the State of Ohio and
in the Northern District of Ohio. Defendants solicit customers in the State of Ohio and in the
Northern District of Ohio. Defendants have many paying customers who are residents of the
State of Ohio and the Northern District of Ohio and who use Defendants’ products in the State of
Ohio and in the Northern District of Ohio.
12.
Venue is proper in the Northern District of Ohio pursuant to 28 U.S.C. §§ 1391
and 1400(b).
BACKGROUND INFORMATION
13.
The Patents-in-Suit were duly and legally issued by the United States Patent and
Trademark Office on May 27, 2008 (the ‘981 Patent), April 15, 2014 (the ‘749 Patent) and
October 7, 2014 (the ‘019 Patent) after full and fair examinations. Plaintiff is the owner of the
Patents-in-Suit, and possesses all right, title and interest in the Patent-in-Suit including the right
to enforce the Patents-in-Suit, and the right to sue Defendants for infringement and recover past
damages.
14.
On information and belief, Eaton owns, operates, advertises, and/or controls the
websites www.eaton.com and www.homeheartbeat.com, through which Eaton shipped,
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distributed, made, used, provided, offered for sale, sold, advertised, and/or educated its customer
about its products and services, including but not limited to the Eaton Accused Products and
Services.
15.
controls
On information and belief, Cooper Bussmann owns, operates, advertises, and/or
the
website
www.cooperbussmann.com
(which
re-directs
to
http://www.cooperindustries.com/content/public/en/bussmann.html), through which Cooper
Bussmann advertises, sells, offers to sell, provides and/or educates customers about its products
and services, including but not limited to the Cooper Bussmann Accused Products and Services.
16.
On information and belief, Eaton owns, operates, advertises, and/or controls the
website www.cooperindustries.com through which Eaton’s Cooper Bussmann subsidiary
advertises, sells, offers to sell, provides and/or educates customers about its products and
services, including but not limited to the Cooper Bussmann Accused Products and Services.
17.
controls
On information and belief, Cooper Power owns, operates, advertises, and/or
the
website
www.cooperpower.com
(which
re-directs
to
http://www.cooperindustries.com/content/public/en/power_systems.html) through which Eaton
(through its Cooper Power subsidiary) advertises, sells, offers to sell, provides and/or educates
customers about its products and services, including but not limited to the Cooper Power
Accused Products and Services.
18.
On information and belief, Eaton owns, operates, advertises, and/or controls the
website www.cooperindustries.com through which Eaton’s Cooper Power subsidiary advertises,
sells, offers to sell, provides and/or educates customers about its products and services, including
but not limited to the Cooper Power Accused Products and Services.
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COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,379,981
19.
Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-18 above.
20.
Plaintiff is informed and believes that Eaton has infringed the ’981 Patent either
literally or under the doctrine of equivalents through the manufacture and sale of infringing
products, including the Eaton Accused Products and Services. Upon information and belief,
Eaton has infringed one or more claims of the ’981 Patent because it shipped, distributed, mad,
used, imported, offered for sale, sold, and/or advertised a self-configuring wireless network,
including but not limited to the Eaton Accused Products and Services architecture components.
Eaton provides a self-configuring wireless network that incorporated a network cluster, virtual
gate, and virtual network operations entity through the use of devices which include at least the
Eaton Accused Products and Services systems components and related services. Specifically, the
Eaton Accused Products and Services infringe one or more of the claims of the ’981 Patent.
Upon information and belief, the Eaton Accused Products and Services were available for sale
on Eaton’s website and through various retailers located in this district and throughout the United
States.
21.
Eaton’s aforesaid activities have been without authority and/or license from
Plaintiff.
22.
Plaintiff is entitled to recover from Eaton the damages sustained by Plaintiff as a
result of Eaton’s wrongful acts in an amount subject to proof at trial, which, by law, cannot be
less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
U.S.C. § 284.
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23.
Eaton’s infringement of Plaintiff’s rights under the ’981 Patent will continue to
damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate remedy at
law, unless enjoined by this Court.
24.
Plaintiff is informed and believes that Cooper Bussmann has infringed and
continues to infringe the ’981 Patent either literally or under the doctrine of equivalents through
the manufacture and sale of infringing products, including the Cooper Bussmann Accused
Products and Services.
Upon information and belief, Cooper Bussmann has infringed and
continues to infringe one or more claims of the ’981 Patent because it shipped, distributed, mad,
used, imported, offered for sale, sold, and/or advertised a self-configuring wireless network,
including but not limited to the Cooper Bussmann Accused Products and Services architecture
components. Eaton provides a self-configuring wireless network that incorporates a network
cluster, virtual gate, and virtual network operations entity through the use of devices which
include at least the Cooper Bussmann Accused Products and Services systems components and
related services. Specifically, each of the Cooper Bussmann Accused Products and Services
infringe one or more of the claims of the ’981 Patent. Upon information and belief, the Cooper
Bussmann Accused Products and Services are available for sale on Cooper Bussmann’s website
and through various retailers located in this district and throughout the United States.
25.
Upon information and belief, Cooper Bussmann has intentionally induced and
continues to induce infringement of one or more claims of the ’981 Patent in this district and
elsewhere in the United States, by its intentional acts which have successfully, among other
things, encouraged, instructed, enabled, and otherwise caused Cooper Bussmann’s customers to
use the Cooper Bussmann Accused Products and Services in an infringing manner. Despite
knowledge of the ’981 Patent at least as early as the date of service of the First Amended
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Complaint in this action, Cooper Bussmann, upon information and belief, continues to
encourage, instruct, enable, and otherwise cause its customers to use its systems and methods, in
a manner which infringes the ’981 Patent. Based upon information and belief, one of Cooper
Bussmann’s sources of revenue and business focuses is on the provision of and sale of the
Cooper Bussmann Accused Products and Services.
Upon information and belief, Cooper
Bussmann has specifically intended its customers to use its systems and methods in such a way
that infringes the ’981 Patent by, at a minimum, providing and supporting the Cooper Bussmann
Accused Products and Services and instructing its customers on how to use them in an infringing
manner, at least through information available on Cooper Bussmann’s website including
information brochures, promotional material, and contact information. Cooper Bussmann knew
that its actions, including, but not limited to any of the aforementioned systems and methods,
would induce, have induced, and will continue to induce infringement by its customers by
continuing to sell, support, and instruct its customers on using the Cooper Bussmann Accused
Products and Services.
26.
Cooper Bussmann’s aforesaid activities have been without authority and/or
license from Plaintiff.
27.
Plaintiff is entitled to recover from Cooper Bussmann the damages sustained by
Plaintiff as a result of Cooper Bussmann’s wrongful acts in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
28.
Cooper Bussmann’s infringement of Plaintiff’s rights under the ’981 Patent will
continue to damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate
remedy at law, unless enjoined by this Court.
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29.
Eaton, as parent of Cooper Bussmann, controls the activities of Cooper
Bussmann, and as such, the activities and damages attributable to Cooper Bussmann identified in
Paragraphs 24-28 are also imputed to Eaton.
30.
Plaintiff is informed and believes that Cooper Power has infringed and continues
to infringe the ’981 Patent either literally or under the doctrine of equivalents through the
manufacture and sale of infringing products, including the Cooper Power Accused Products and
Services. Upon information and belief, Cooper Power has infringed and continues to infringe
one or more claims of the ’981 Patent because it shipped, distributed, mad, used, imported,
offered for sale, sold, and/or advertised a self-configuring wireless network, including but not
limited to the Cooper Power Accused Products and Services architecture components. Cooper
Power provides a self-configuring wireless network that incorporates a network cluster, virtual
gate, and virtual network operations entity through the use of devices which include at least the
Cooper Power Accused Products and Services systems components and related services.
Specifically, the Cooper Power Accused Products and Services infringe one or more of the
claims of the ’981 Patent. Upon information and belief, the Cooper Power Accused Products
and Services are available for sale on Cooper Power’s website and through various retailers
located in this district and throughout the United States.
31.
Upon information and belief, Cooper Power has intentionally induced and
continues to induce infringement of one or more claims of the ’981 Patent in this district and
elsewhere in the United States, by its intentional acts which have successfully, among other
things, encouraged, instructed, enabled, and otherwise caused Cooper Power’s customers to use
the Cooper Power Accused Products and Services in an infringing manner. Despite knowledge
of the ’981 Patent at least as early as the date of service of the First Amended Complaint in this
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action, Cooper Power, upon information and belief, continues to encourage, instruct, enable, and
otherwise cause its customers to use its systems and methods, in a manner which infringes the
’981 Patent. Based upon information and belief, one of Cooper Power’s sources of revenue and
business focuses is on the provision of and sale of the Cooper Power Accused Products and
Services. Upon information and belief, Cooper Power has specifically intended its customers to
use its systems and methods in such a way that infringes the ’981 Patent by, at a minimum,
providing and supporting the Cooper Power Accused Products and Services and instructing its
customers on how to use them in an infringing manner, at least through information available on
Cooper Power’s website including information brochures, promotional material, and contact
information. Cooper Power knew that its actions, including, but not limited to any of the
aforementioned systems and methods, would induce, have induced, and will continue to induce
infringement by its customers by continuing to sell, support, and instruct its customers on using
the Cooper Power Accused Products and Services.
32.
Cooper Power’s aforesaid activities have been without authority and/or license
from Plaintiff.
33.
Plaintiff is entitled to recover from Cooper Power the damages sustained by
Plaintiff as a result of Cooper Power’s wrongful acts in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
34.
Cooper Power’s infringement of Plaintiff’s rights under the ’981 Patent will
continue to damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate
remedy at law, unless enjoined by this Court.
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35.
Eaton, as parent of Cooper Power, controls the activities of Cooper Power, and as
such, the activities and damages attributable to Cooper Power identified in Paragraphs 30-34 are
also imputed to Eaton.
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 8,700,749
36.
Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-18 above.
37.
Plaintiff is informed and believes that Eaton has infringed the ’749 Patent either
literally or under the doctrine of equivalents through the manufacture and sale of infringing
products, including the Eaton Accused Products and Services. Upon information and belief,
Eaton has infringed one or more claims of the ’749 Patent, because it shipped, distributed, made,
used, imported, offered for sale, sold, and/or advertised a self-configuring wireless network,
including but not limited to the Eaton Accused Products and Services systems architecture and
the methods incorporated therein. Eaton provides a self-configuring wireless network and
attendant methods that incorporate virtual network nodes and a gateway, wherein the nodes use
messaging to form an organized network in communication with the gateway, and additional
nodes may be added to the network to communicate with the gateway utilizing the existing
communication route, such network being composed of Eaton Accused Products and Services
components. Specifically, one or more of the Eaton Accused Products and Services infringe one
or more of the claims of ’749 Patent. Upon information and belief, the Eaton Accused Products
and Services were available for sale on Eaton’s website and through various retailers located in
this district and throughout the United States.
38.
Eaton’s aforesaid activities have been without authority and/or license from
Plaintiff.
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39.
Plaintiff is entitled to recover from Eaton the damages sustained by Plaintiff as a
result of Eaton’s wrongful acts in an amount subject to proof at trial, which, by law, cannot be
less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
U.S.C. § 284.
40.
Eaton’s infringement of Plaintiff’s rights under the ‘749 Patent will continue to
damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate remedy at
law, unless enjoined by this Court.
41.
Plaintiff is informed and believes that Cooper Bussmann has infringed and
continues to infringe the ’749 Patent either literally or under the doctrine of equivalents through
the manufacture and sale of infringing products, including the Cooper Bussmann Accused
Products and Services.
Upon information and belief, Cooper Bussmann has infringed and
continues to infringe one or more claims of the ’749 Patent, because it ships distributes, makes,
uses, imports, offers for sale, sells, and/or advertises a self-configuring wireless network,
including but not limited to the Cooper Bussmann Accused Products and Services systems
architecture and the methods incorporated therein. Cooper Bussmann provides a self-configuring
wireless network and attendant methods that incorporate virtual network nodes and a gateway,
wherein the nodes use messaging to form an organized network in communication with the
gateway, and additional nodes may be added to the network to communicate with the gateway
utilizing the existing communication route, such network being composed of Cooper Bussmann
Accused Products and Services components.
Specifically, each of the Cooper Bussmann
Accused Products and Services infringes one or more of the claims of ’749 Patent. Upon
information and belief, the Cooper Bussmann Accused Products and Services are available for
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sale on Cooper Bussmann’s website and through various retailers located in this district and
throughout the United States.
42.
Upon information and belief, Cooper Bussmann has intentionally induced and
continues to induce infringement of one or more claims of the ’749 Patent in this district and
elsewhere in the United States, by its intentional acts which have successfully, among other
things, encouraged, instructed, enabled, and otherwise caused Cooper Bussmann’s customers to
use the Cooper Bussmann Accused Products and Services in an infringing manner. Despite
knowledge of the ’749 Patent at least as early as the date of service of the First Amended
Complaint in this action, Cooper Bussmann, upon information and belief, continues to
encourage, instruct, enable, and otherwise cause its customers to use its systems and methods, in
a manner which infringes the ’749 Patent. Based upon information and belief, one of Cooper
Bussmann’s sources of revenue and business focuses is on the provision of and sale of the
Cooper Bussmann Accused Products and Services. Upon information and belief, Eaton has
specifically intended its customers to use its systems and methods in such a way that infringes
the ’749 Patent by, at a minimum, providing and supporting the Cooper Bussmann Accused
Products and Services and instructing its customers on how to use them in an infringing manner,
at least through information available on Cooper Bussmann’s website including information
brochures, promotional material, and contact information. Cooper Bussmann knew that its
actions, including, but not limited to any of the aforementioned systems and methods, would
induce, have induced, and will continue to induce infringement by its customers by continuing to
sell, support, and instruct its customers on using the Cooper Bussmann Accused Products and
Services.
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43.
Cooper Bussmann’s aforesaid activities have been without authority and/or
license from Plaintiff.
44.
Plaintiff is entitled to recover from Cooper Bussmann the damages sustained by
Plaintiff as a result of Cooper Bussmann’s wrongful acts in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
45.
Cooper Bussmann’s infringement of Plaintiff’s rights under the ‘749 Patent will
continue to damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate
remedy at law, unless enjoined by this Court.
46.
Eaton, as parent of Cooper Bussmann, controls the activities of Cooper
Bussmann, and as such, the activities and damages attributable to Cooper Bussmann identified in
Paragraphs 41-45 are also imputed to Eaton.
47.
Plaintiff is informed and believes that Cooper Power has infringed and continues
to infringe the ’749 Patent either literally or under the doctrine of equivalents through the
manufacture and sale of infringing products, including the Cooper Power Accused Products and
Services. Upon information and belief, Cooper Power has infringed and continues to infringe
one or more claims of the ’749 Patent, because it ships distributes, makes, uses, imports, offers
for sale, sells, and/or advertises a self-configuring wireless network, including but not limited to
the Cooper Power Accused Products and Services systems architecture and the methods
incorporated therein. Cooper Power provides a self-configuring wireless network and attendant
methods that incorporate virtual network nodes and a gateway, wherein the nodes use messaging
to form an organized network in communication with the gateway, and additional nodes may be
added to the network to communicate with the gateway utilizing the existing communication
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route, such network being composed of Cooper Power Accused Products and Services
components. Specifically, the Cooper Power Accused Products and Services infringe one or
more of the claims of ’749 Patent. Upon information and belief, the Cooper Power Accused
Products and Services are available for sale on Cooper Power’s website and through various
retailers located in this district and throughout the United States.
48.
Upon information and belief, Cooper Power has intentionally induced and
continues to induce infringement of one or more claims of the ’749 Patent in this district and
elsewhere in the United States, by its intentional acts which have successfully, among other
things, encouraged, instructed, enabled, and otherwise caused Cooper Power’s customers to use
the Cooper Power Accused Products and Services in an infringing manner. Despite knowledge
of the ’749 Patent at least as early as the date of service of the First Amended Complaint in this
action, Cooper Power, upon information and belief, continues to encourage, instruct, enable, and
otherwise cause its customers to use its systems and methods, in a manner which infringes the
’749 Patent. Based upon information and belief, one of Cooper Power’s sources of revenue and
business focuses is on the provision of and sale of the Cooper Power Accused Products and
Services. Upon information and belief, Cooper Power has specifically intended its customers to
use its systems and methods in such a way that infringes the ’749 Patent by, at a minimum,
providing and supporting the Cooper Power Accused Products and Services and instructing its
customers on how to use them in an infringing manner, at least through information available on
Cooper Power’s website including information brochures, promotional material, and contact
information. Cooper Power knew that its actions, including, but not limited to any of the
aforementioned systems and methods, would induce, have induced, and will continue to induce
15
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infringement by its customers by continuing to sell, support, and instruct its customers on using
the Cooper Power Accused Products and Services.
49.
Cooper Power’s aforesaid activities have been without authority and/or license
from Plaintiff.
50.
Plaintiff is entitled to recover from Cooper Power the damages sustained by
Plaintiff as a result of Cooper Power’s wrongful acts in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
51.
Cooper Power’s infringement of Plaintiff’s rights under the ‘749 Patent will
continue to damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate
remedy at law, unless enjoined by this Court.
52.
Eaton, as parent of Cooper Power, controls the activities of Cooper Power, and as
such, the activities and damages attributable to Cooper Power identified in Paragraphs 47-51 are
also imputed to Eaton.
COUNT III
INFRINGEMENT OF U.S. PATENT NO. 8,855,019
53.
Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-18 above.
54.
Plaintiff is informed and believes that Eaton has infringed the ’019 Patent either
literally or under the doctrine of equivalents through the manufacture and sale of infringing
products, including the Eaton Accused Products and Services. Upon information and belief,
Eaton has infringed one or more claims of the ’019 Patent, because it shipped, distributed, made,
used, imported, offered for sale, sold, and/or advertised an organized network, including but not
limited to the Eaton Accused Products and Services systems architecture and the methods
incorporated therein.
Eaton provides an organized network and attendant methods that
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incorporate wireless network nodes and one or more gateways, wherein such nodes are
configured to form an organized network in communication with the one or more gateways, with
such nodes being provided a communication access point to an external network through said
one or more gateways, such network being composed of at least the Eaton Accused Products and
Services systems components. Specifically, the Eaton Accused Products and Services infringe
one or more of the claims of ’019 Patent. Upon information and belief, the Eaton Accused
Products and Services were available for sale on Eaton’s website and through various retailers
located in this district and throughout the United States.
55.
Eaton’s aforesaid activities have been without authority and/or license from
Plaintiff.
56.
Plaintiff is entitled to recover from Eaton the damages sustained by Plaintiff as a
result of Eaton’s wrongful acts in an amount subject to proof at trial, which, by law, cannot be
less than a reasonable royalty, together with interest and costs as fixed by this Court under 35
U.S.C. § 284.
57.
Eaton’s infringement of Plaintiff’s rights under the ’019 Patent will continue to
damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate remedy at
law, unless enjoined by this Court.
58.
Plaintiff is informed and believes that Cooper Bussmann has infringed and
continues to infringe the ’019 Patent either literally or under the doctrine of equivalents through
the manufacture and sale of infringing products, including the Cooper Bussmann Accused
Products and Services.
Upon information and belief, Cooper Bussmann has infringed and
continues to infringe one or more claims of the ’019 Patent, because it ships distributes, makes,
uses, imports, offers for sale, sells, and/or advertises an organized network, including but not
17
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limited to the Cooper Bussmann Accused Products and Services systems architecture and the
methods incorporated therein. Cooper Bussmann provides an organized network and attendant
methods that incorporate wireless network nodes and one or more gateways, wherein such nodes
are configured to form an organized network in communication with the one or more gateways,
with such nodes being provided a communication access point to an external network through
said one or more gateways, such network being composed of at least the Cooper Bussmann
Accused Products and Services systems components.
Specifically, the Cooper Bussmann
Accused Products and Services infringe one or more of the claims of ’019 Patent.
Upon
information and belief, the Cooper Bussmann Accused Products and Services are available for
sale on Cooper Bussmann’s website and through various retailers located in this district and
throughout the United States.
59.
Upon information and belief, Cooper Bussmann has intentionally induced and
continues to induce infringement of one or more claims of the ’019 Patent in this district and
elsewhere in the United States, by its intentional acts which have successfully, among other
things, encouraged, instructed, enabled, and otherwise caused Cooper Bussmann’s customers to
use the Cooper Bussmann Accused Products and Services in an infringing manner. Despite
knowledge of the ’019 Patent as early as the date of service of the First Amended Complaint in
this action, Cooper Bussmann, upon information and belief, continues to encourage, instruct,
enable, and otherwise cause its customers to use its systems and methods, in a manner which
infringes the ’019 Patent. Based upon information and belief, one of Cooper Bussmann’s
sources of revenue and business focuses is on the provision of and sale of the Cooper Bussmann
Accused Products and Services. Upon information and belief, Cooper Bussmann has specifically
intended its customers to use its systems and methods in such a way that infringes the ’019
18
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Patent by, at a minimum, providing and supporting the Cooper Bussmann Accused Products and
Services and instructing its customers on how to use them in an infringing manner, at least
through information available on Cooper Bussmann’s website including information brochures,
promotional material, and contact information.
Cooper Bussmann knew that its actions,
including, but not limited to any of the aforementioned systems and methods, would induce,
have induced, and will continue to induce infringement by its customers by continuing to sell,
support, and instruct its customers on using the Cooper Bussmann Accused Products and
Services.
60.
Cooper Bussmann’s aforesaid activities have been without authority and/or
license from Plaintiff.
61.
Plaintiff is entitled to recover from Cooper Bussmann the damages sustained by
Plaintiff as a result of Cooper Bussmann’s wrongful acts in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
62.
Cooper Bussmann’s infringement of Plaintiff’s rights under the ’019 Patent will
continue to damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate
remedy at law, unless enjoined by this Court.
63.
Eaton, as parent of Cooper Bussmann, controls the activities of Cooper
Bussmann, and as such, the activities and damages attributable to Cooper Bussmann identified in
Paragraphs 58-62 are also imputed to Eaton.
64.
Plaintiff is informed and believes that Cooper Power has infringed and continues
to infringe the ’019 Patent either literally or under the doctrine of equivalents through the
manufacture and sale of infringing products, including the Cooper Power Accused Products and
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Services. Upon information and belief, Cooper Power has infringed and continues to infringe
one or more claims of the ’019 Patent, because it ships distributes, makes, uses, imports, offers
for sale, sells, and/or advertises an organized network, including but not limited to the Cooper
Power Accused Products and Services systems architecture and the methods incorporated
therein. Cooper Power provides an organized network and attendant methods that incorporate
wireless network nodes and one or more gateways, wherein such nodes are configured to form an
organized network in communication with the one or more gateways, with such nodes being
provided a communication access point to an external network through said one or more
gateways, such network being composed of at least the Cooper Power Accused Products and
Services systems components. Specifically, the Cooper Power Accused Products and Services
infringe one or more of the claims of ’019 Patent. Upon information and belief, the Cooper
Power Accused Products and Services are available for sale on Cooper Power’s website and
through various retailers located in this district and throughout the United States.
65.
Upon information and belief, Cooper Power has intentionally induced and
continues to induce infringement of one or more claims of the ’019 Patent in this district and
elsewhere in the United States, by its intentional acts which have successfully, among other
things, encouraged, instructed, enabled, and otherwise caused Cooper Power’s customers to use
the Cooper Power Accused Products and Services in an infringing manner. Despite knowledge
of the ’019 Patent as early as the date of service of the First Amended Complaint in this action,
Cooper Power, upon information and belief, continues to encourage, instruct, enable, and
otherwise cause its customers to use its systems and methods, in a manner which infringes the
’019 Patent. Based upon information and belief, one of Cooper Power’s sources of revenue and
business focuses is on the provision of and sale of the Cooper Power Accused Products and
20
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Services. Upon information and belief, Cooper Power has specifically intended its customers to
use its systems and methods in such a way that infringes the ’019 Patent by, at a minimum,
providing and supporting the Cooper Power Accused Products and Services and instructing its
customers on how to use them in an infringing manner, at least through information available on
Cooper Power’s website including information brochures, promotional material, and contact
information. Cooper Power knew that its actions, including, but not limited to any of the
aforementioned systems and methods, would induce, have induced, and will continue to induce
infringement by its customers by continuing to sell, support, and instruct its customers on using
the Cooper Power Accused Products and Services.
66.
Cooper Power’s aforesaid activities have been without authority and/or license
from Plaintiff.
67.
Plaintiff is entitled to recover from Cooper Power the damages sustained by
Plaintiff as a result of Cooper Power’s wrongful acts in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
68.
Cooper Power’s infringement of Plaintiff’s rights under the ’019 Patent will
continue to damage Plaintiff, causing irreparable harm to Plaintiff for which there is no adequate
remedy at law, unless enjoined by this Court.
69.
Eaton, as parent of Cooper Power, controls the activities of Cooper Power, and as
such, the activities and damages attributable to Cooper Power identified in Paragraphs 64-68 are
also imputed to Eaton.
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JURY DEMAND
70.
Plaintiff demands a trial by jury on all issues.
PRAYER FOR RELIEF
Plaintiff respectfully requests the following relief:
A.
An adjudication that one or more claims of the Patents-in-Suit has been infringed,
either literally and/or under the doctrine of equivalents, by the Defendants;
B.
An adjudication that Defendants have induced infringement of one or more claims
of the Patents-in-Suit;
C.
An award of damages to be paid by Defendants adequate to compensate Plaintiff
for its past infringement and any continuing or future infringement up until the date such
judgment is entered, including interest, costs, and disbursements as justified under 35 U.S.C. §
284 and, if necessary to adequately compensate Plaintiff for Defendants’ infringement, an
accounting of all infringing sales including, but not limited to, those sales not presented at trial;
D.
A grant of permanent injunction pursuant to 35 U.S.C. § 283, enjoining the
Defendants and their respective officers, agents, servants, employees, and attorneys, and those
persons in active concert or participation with them who receive actual notice of the order by
personal service or otherwise, from further acts of infringement with respect to any one or more
of the claims of the Patents-in-Suit;
E.
That this Court declare this to be an exceptional case and award Plaintiff its
reasonable attorneys’ fees and costs in accordance with 35 U.S.C. § 285; and,
F.
Any further relief that this Court deems just and proper.
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Dated: February 9, 2015
Respectfully submitted,
s/Peter J. Brodhead
PETER J. BRODHEAD (0006733)
WILLIAM B. EADIE (0085627)
SPANGENBERG SHIBLEY & LIBER, LLP
1001 Lakeside Avenue East, Suite 1700
Cleveland, Ohio 44114
216.696.3232
216.696.3924 (fax)
pbrodhead@spanglaw.com
weadie@spanglaw.com
JACQUELINE K. BURT, Pro Hac Vice
JAMES F. MCDONOUGH, Pro Hac Vice
DARA T. JEFFRIES, Pro Hac Vice
HENINGER GARRISON DAVIS, LLC
3621 Vinings Slope, Suite 4320
Atlanta, Georgia 30339
404.996.0861, 0869, 0867
205.547.5502, 5515 (fax)
jburt@hgdlawfirm.com
jmcdonough@hgdlawfirm.com
djeffries@hgdlawfirm.com
COUNSEL FOR PLAINTIFF
ENDEAVOR MESHTECH, INC.
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CERTIFICATE OF SERVICE
The undersigned, an attorney, certifies that the foregoing was filed electronically with the
Clerk of Court using the CM/ECF system on February 9, 2015, and served electronically on all
counsel of record.
s/Peter J. Brodhead
Peter J. Brodhead