Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 1 of 23 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`Civil Action No.
`
`
`JURY TRIAL DEMANDED
`
`SIPCO, LLC,
`
` Plaintiff,
`
` v.
`
`ACUITY BRANDS, INC., and ACUITY
`BRANDS LIGHTING, INC.,
`
` Defendants.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement in which Plaintiff SIPCO, LLC (“Plaintiff” or
`
`“SIPCO”) complains against Defendants Acuity Brands, Inc. and Acuity Brands Lighting, Inc.,
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`all upon information and belief, as follows:
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`PARTIES
`
`1.
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`Plaintiff SIPCO, LLC is a limited liability company organized and existing under
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`the laws of the State of Georgia, having its principal office at 2600 Abbey Court, Alpharetta,
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`Georgia, 30004.
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`2.
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`Defendant Acuity Brands, Inc. (“Acuity”) is a corporation organized under the
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`laws of Delaware, with its principal place of business located at 1170 Peachtree Street, N.E.,
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`Suite 2300, Atlanta, Georgia 30309-7676. Acuity may be served with process by serving its
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`registered agent, Corporation Service Company, 2711 Centerville Rd, Suite 400, Wilmington,
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`Delaware 19808.
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`3.
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`Defendant Acuity Brands Lighting, Inc. (“Acuity Lighting”) is a corporation
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`organized under the laws of Delaware, with its principal place of business located in Conyers,
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`Georgia. Acuity may be served with process by serving its registered agent, Corporation Service
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`

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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 2 of 23 PageID #: 2
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`Company, 2711 Centerville Rd, Suite 400, Wilmington, Delaware 19808. Acuity Lighting is a
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`wholly-owned subsidiary of Acuity. Acuity and Acuity Lighting shall hereafter be collectively
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`referenced as “Acuity,” unless the context otherwise dictates.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Thus, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`5.
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`This Court has personal jurisdiction over Defendants by virtue of the Defendants
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`being corporations created and existing under the laws of the State of Delaware.
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`6.
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`Venue is proper in this Judicial District as to each Defendant under 28 U.S.C. §§
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`1391(c) and 1400(b) by virtue of the Defendants being corporations created and existing under
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`the laws of the State of Delaware.
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`SIPCO
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`7.
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`SIPCO is a small research, development and technology company based in
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`Atlanta, Georgia. T. David Petite is its founding member.
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`8.
`
`In the 1990’s, through his own individual research and development efforts, Mr.
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`Petite invented a large number of wireless control and distribution technology applications. The
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`inventions resulting from Mr. Petite’s efforts include, but are not limited to, various ways of
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`moving data as economically and seamlessly as possible over both wired and wireless networks.
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`9.
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`Through the 1990’s and early 2000’s investors contributed tens of millions of
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`dollars for technology development and implementation of networks. Clients included Georgia
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`Power, Alabama Power, Newnan Utilities GA, Johnson Controls, Synovus Bank and Grand
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`Court Lifestyles residential living facilities.
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`10.
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`After proving that the technology worked in the field, several companies
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`competed to purchase an exclusive license to Mr. Petite’s technology for the market known as
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`“smart grid.” Landis+Gyr (http://www.landisgyr.com/) (previously Siemens Metering) took an
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`exclusive license to the smart grid technology in 2002 and in 2005 purchased rights to the
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`technology for utility applications for $30,000,000. Mr. Petite’s technology has been deployed
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`in millions of meters deployed across North America and throughout the world.
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`11.
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`SIPCO retained the rights to the mesh network patents, and for use of the
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`technology outside of the utility space. It still maintains ownership of the software, firmware,
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`hardware and patent portfolio that resulted from Mr. Petite’s research and development efforts,
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`and SIPCO continues to develop and deploy wireless technology applications and wireless
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`technology systems throughout the United States.
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`12.
`
`SIPCO’s patent portfolios (of which the patents in suit are a part) include
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`inventions that are widely recognized as pioneering in various fields of use. As a result, over 75
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`corporations have taken licenses to them. Licensees include companies operating in the vertical
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`markets of Industrial Controls, Smart Grid, Building Automation, Network Backhaul, Home
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`Appliance, Home Automation and Entertainment, Sensor Monitoring, and Internet Service
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`Provisioning. Licensed products include products using standard wireless mesh protocols such as
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`WirelessHART, ZigBee, IEEE 802.15.4, Z-Wave, and as well as proprietary wireless protocols
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`such as that marketed by Enocean.
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`THE DEFENDANTS
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`13.
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`Acuity in fiscal year 2015 had net sales of $2.7 billion. It is a market leader and
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`one of the world’s leading providers of indoor and outdoor lighting and energy management
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`solutions. Acuity’s products and solutions are sold under various brands, including Lithonia
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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 4 of 23 PageID #: 4
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`Lighting®, Holophane®, Peerless®, Gotham®, Mark Architectural Lighting™, Winona®
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`Lighting, Healthcare Lighting®, Hydrel®, American Electric Lighting®, Carandini®, Antique
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`Street Lamps™, Juno®, Indy™, AccuLite®, Aculux™, DanaLite, NaviLite®, Sunoptics®,
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`RELOC® Wiring Solutions, eldoLED®, Distech Controls®, and Acuity Controls™.
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`14.
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`On December 20, 2012, Acuity acquired Adura Technologies Inc. ("Adura").
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`Adura was a leading developer of radio frequency (RF) mesh networking technology that allows
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`individual light fixtures to communicate in a wireless mesh network with switches, sensors and
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`system management software. Adura has now been incorporated into Acuity.
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`15.
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`Defendants have made, had made, used, offered for sale, imported into this
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`country and sold wireless lighting control systems and components, including a line of systems,
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`products and methods marketed as XPoint™ Wireless.
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`16.
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`XPoint™ Wireless (hereafter “XPoint”) includes:
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`a. XPoint Wireless CMRB Sensors/Controllers including those complying
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`with FCC ID: S4GEM358L, which are 2.4GHz ZigBee® modules;
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`b. XPoint™ Wireless Wet Location Multi-Sensor and Controller including
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`those complying with FCC ID: S4GEM358L, which are 2.4GHz ZigBee®
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`modules;
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`c. XPoint™ Wireless Light Controller complying with FCC ID:
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`S4GEM358L, which are 2.4GHz ZigBee® modules, including models
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`XPA RL1 DSI EM / XPA RL0 DSI EM; XPA CMRB__ EM / XPA
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`CMNB__ EM; XPA SBOR__ EM / XPA SBON__ EM;
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`d. XPoint Light Controllers (including Models LC-1R, LC-2R and LC-1RD);
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`e. XPoint Wireless Gateway;
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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 5 of 23 PageID #: 5
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`f. XPoint™ Wireless Sensor Interfaces including those complying with FCC
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`ID: S4GEM358L, which are 2.4GHz ZigBee® modules (including Models
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`XPA SIAC L2 and XPA SIAC H1);
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`g. XPoint Wireless DS ES7 Sensor;
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`h. XPoint wireless plug load modules, wireless rocker switches,
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`photosensors, and occupancy sensors;
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`i. XPoint Wall Control Interface; Sensor Interface (such as Catalog Number
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`SI-2C);
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`j. XPoint Wireless RDT Translator.
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`17.
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`XPoint can operate as a stand-alone wireless solution or can be combined with
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`Acuity Controls GR2400™ products to create a full building control solution. Further, XPoint™
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`Wireless RDT Translator is an RDT Receiver which translates data from Acuity’s xCella and
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`other RDT wireless devices, and, thus, ties those devices to the XPoint wireless system. This
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`translation enables xCella Wireless sensors and wall stations to join an XPoint Wireless lighting
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`control system providing both flexible zoning and device placement. The RDT Translator has
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`the ability to support up to 48 total xCella/RDT wireless sensors and wall stations.
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`18.
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`XPoint can also be used with Holophane Lighting and Lithonia Lighting, which
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`are specific lighting solutions provided by Defendants.
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`19.
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`XPoint may be integrated with Defendants’ SensorView 13, which is a software
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`platform for Defendants’ lighting products. SensorView 13 has the ability to pair luminaires and
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`sensors to respond together, to create program schedules so as to set normal, holiday, event and
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`after hours behavior to suit the needs of the space, to configure sensor settings such as dimming
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`levels and time delays to optimize energy use, to monitor status and sensor readings for nLight®
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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 6 of 23 PageID #: 6
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`and XPoint Wireless devices, control lighting zones from a smartphone or tablet with the mobile
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`app such as nWiFi Virtual WallPod, and verify historical system operations and monitor energy
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`usage trends. XPoint Wireless can also be combined with the OPENADR INTERFACE, which
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`monitors signals from a power company and automatically activates load reduction scenes. The
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`XPoint wireless nodes can also be paired with a computer running GX2 SOFTWARE and
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`SensorView (at least version 13), which allows facility managers to control and monitor large
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`spaces or a multi-building system from a single location and through a mobile device. All such
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`devices, software and systems are included within the meaning of “XPoint” when combined in a
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`system with XPoint wireless nodes.
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`20.
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`Defendants have made, had made, used, offered for sale, imported into this
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`country and sold wireless outdoor lighting systems and components, including a line of systems,
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`products and methods marketed as ROAM wireless outdoor lighting management system.
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`21.
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`ROAM wireless outdoor lighting management system (hereafter “ROAM”)
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`includes ROAM photocontrols or nodes, ROAM Gateways, ROAM Dimming Control Modules,
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`Network Operations Center, ROAMview™, ROAM ENTERPRISE and ROAM CONCIERGE,
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`all of which operate pursuant to 2.4 GHz-IEEE 802.15.4, and include components complying
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`with FCC IDs: UJX-DCM127-001, UJX-ROAMMOD0001 and UJX-ROAMMK3MOD1, and
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`which are exemplified in ROAM® Wireless Gateway (such as REG127), Revenue Grade Node
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`(such as REN127 NHX), Dimming Control Module (such as DCM127 NX1), Node (Tunnel)
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`(such as REN127 SO1), Multi-Volt Node (such as REN127 NM1), 347V Node (such as REN347
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`NM1), 480V Node (such as REN480 NM1). ROAM can also incorporate the GX2 system to
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`host and collect data, and provide both monitoring and control functions to a client via the Web
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`or other wide-area-network. ROAMView can, in turn, be integrated with the BACnet IP
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`Software Module. Hereafter, ROAM systems that include ROAM CONCIERGE or other
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`Acuity-hosted ROAM system, ROAM integrated with GX2, ROAM integrated with
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`ROAMView (either alone or in combination with the BACnet IP Software Module), and ROAM
`
`as ROAM ENTERPRISE are collectively referenced as “Hosted ROAM.”
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`DEFENDANTS’ KNOWLEDGE OF PLAINTIFF’S PATENTS
`
`22.
`
`Defendants have been aware of at least some of the Patents-in-Suit since at least
`
`about January 28, 2013, and that further applications were pending. Plaintiffs discussed its
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`patent with Defendants at various times between 2013 and 2015. Defendants knew or should
`
`have known of the Plaintiff’s patents shortly after they issued. Despite knowledge of the Patents,
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`Defendants have refused to take a license under the Patents or to cease their infringing activities.
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`23.
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`Defendants’ predecessor in interest, Adura Technologies, Inc., was aware of at
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`least some of the Patents-in-Suit at least about June 1st, 2012 (i.e., before being acquired by
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`Defendants).
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`24.
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`Adura Technologies’ CEO notified Plaintiff of the acquisition on February 5,
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`2013.
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`25.
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`Defendants have proffered unreasonable constructions or applications of
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`constructions of Plaintiff’s patent claims to argue non-infringement of the Patents in suit.
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`26.
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`Thus, Defendants assert that in Defendants’ systems “[n]one of the transceivers
`
`receive back the same original message they send,” which is a preposterous misconstruction of
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`the claims of the Patent 7,103,511.
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`27.
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`Similarly, the claims of the Patent 7,697,492 refer to “scalable address” and
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`“scalable message.” The term “scalable address” has been previously judicially construed as “an
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`address that has a variable size based on the size and complexity of the system.” Defendants
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`have asserted that none of the accused systems use such a scalable address, but that “all network
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`addresses used in Acuity's systems are of a fixed size, and they do not vary based on the size or
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`complexity of the system.” Defendants in fact practice the “scalable address” as judicially
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`construed, and, thus, apparently are asserting a preposterous application of the term.
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`COUNT I
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`DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 8,013,732
`
`28.
`
`Plaintiff hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-27 and incorporates them by reference.
`
`29.
`
`Plaintiff is the owner by assignment of United States Patent No. 8,013,732
`
`entitled “Systems And Methods For Monitoring And Controlling Remote Devices” (“the ‘732
`
`Patent”). The ‘732 Patent was duly and legally issued on September 6, 2011. A true and correct
`
`copy of the ‘732 Patent is attached as Exhibit A.
`
`30.
`
`Defendants have been and now are directly infringing claims 1, 2, 13, 14, 16-19,
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`31-33 and 35 of the ‘732 Patent making, having had made, using, offering for sale, importing
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`into this country and selling XPoint.
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`31.
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`Defendants have been and now are directly infringing claims 13, 14, 16-19, 31-33
`
`and 35 of the ‘732 Patent making, having had made, using, offering for sale, importing into this
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`country and selling ROAM.
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`32.
`
`Defendants have been and now are directly infringing claims 8-10 of the ‘732
`
`Patent by practicing the method for collecting information, providing data services, and
`
`controlling remote systems comprising a plurality of wireless communication devices which
`
`Defendants make, have made, used, offered for sale, imported into this country and sold as
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`XPoint, the method comprising: adaptively configuring at least one transmitter electrically
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`interfaced with a sensor and an actuator wherein the transmitter generates an information signal
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`consisting of a transmitter identification code and an information field, wherein the information
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`signal is received by another nearby transmitter electrically interfaced with one or both of a
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`sensor and an actuator and repeated in the same signal type as received to additional transmitters
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`each electrically interfaced with one or both of a sensor and an actuator for communicating the
`
`information signal to a gateway, the gateway providing access to a WAN; translating the
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`information signal within the gateway into a WAN compatible data transfer protocol;
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`transferring the information signal via the WAN to a computer wherein the computer is
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`configured to manipulate and store data provided in the information signal; and granting client
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`access to the computer.
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`33.
`
`Defendants have been and now are indirectly infringing claims 8-10 of the ‘732
`
`Patent by intentionally inducing and continuing to induce infringement of the claim by their
`
`intentional acts which have successfully, among other things, encouraged, instructed, enabled,
`
`and otherwise caused Defendants’ customers to use Defendants’ XPoint systems and methods, in
`
`a manner which infringes the ’732 Patent claims by practicing the method for collecting
`
`information, providing data services, and controlling remote systems, the method comprising:
`
`adaptively configuring at least one transmitter electrically interfaced with a sensor and an
`
`actuator wherein the transmitter generates an information signal consisting of a transmitter
`
`identification code and an information field, wherein the information signal is received by
`
`another nearby transmitter electrically interfaced with one or both of a sensor and an actuator and
`
`repeated in the same signal type as received to additional transmitters each electrically interfaced
`
`with one or both of a sensor and an actuator for communicating the information signal to a
`
`gateway, the gateway providing access to a WAN; translating the information signal within the
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`gateway into a WAN compatible data transfer protocol; transferring the information signal via
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`the WAN to a computer wherein the computer is configured to manipulate and store data
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`provided in the information signal; and granting client access to the computer.
`
`34.
`
`Defendants have been and now are directly infringing claims 8-10 of the ‘732
`
`Patent by practicing the method for collecting information, providing data services, and
`
`controlling remote systems comprising a plurality of wireless communication devices which
`
`Defendants make, have made, used, offered for sale, imported into this country and sold as
`
`ROAM, the method comprising: adaptively configuring at least one transmitter electrically
`
`interfaced with a sensor and an actuator wherein the transmitter generates an information signal
`
`consisting of a transmitter identification code and an information field, wherein the information
`
`signal is received by another nearby transmitter electrically interfaced with one or both of a
`
`sensor and an actuator and repeated in the same signal type as received to additional transmitters
`
`each electrically interfaced with one or both of a sensor and an actuator for communicating the
`
`information signal to a gateway, the gateway providing access to a WAN; translating the
`
`information signal within the gateway into a WAN compatible data transfer protocol;
`
`transferring the information signal via the WAN to a computer wherein the computer is
`
`configured to manipulate and store data provided in the information signal; and granting client
`
`access to the computer.
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`35.
`
`Defendants have been and now are indirectly infringing claims 8-10 of the ‘732
`
`Patent by intentionally inducing and continuing to induce infringement of the claim by their
`
`intentional acts which have successfully, among other things, encouraged, instructed, enabled,
`
`and otherwise caused Defendants’ customers to use Defendants’ ROAM systems and methods,
`
`in a manner which infringes the ’732 Patent claims by practicing the method for collecting
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`information, providing data services, and controlling remote systems, the method comprising:
`
`adaptively configuring at least one transmitter electrically interfaced with a sensor and an
`
`actuator wherein the transmitter generates an information signal consisting of a transmitter
`
`identification code and an information field, wherein the information signal is received by
`
`another nearby transmitter electrically interfaced with one or both of a sensor and an actuator and
`
`repeated in the same signal type as received to additional transmitters each electrically interfaced
`
`with one or both of a sensor and an actuator for communicating the information signal to a
`
`gateway, the gateway providing access to a WAN; translating the information signal within the
`
`gateway into a WAN compatible data transfer protocol; transferring the information signal via
`
`the WAN to a computer wherein the computer is configured to manipulate and store data
`
`provided in the information signal; and granting client access to the computer.
`
`36.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiff is entitled to recover from Defendants the damages sustained by Plaintiff as a
`
`result of Defendants’ wrongful acts.
`
`COUNT II
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`DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,697,492
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`37.
`
`Plaintiff hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-27 and incorporates them by reference.
`
`38.
`
`Plaintiff is the owner by assignment of United States Patent No. 7,697,492
`
`entitled “Systems And Methods For Monitoring And Controlling Remote Devices” (“the ‘492
`
`Patent”). The ‘492 Patent was duly and legally issued on April 13, 2010. A true and correct
`
`copy of the ‘492 Patent is attached as Exhibit B.
`
`39.
`
`Defendants have been and now are directly infringing at least claims 14-16 and 18
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`of the ‘492 Patent making, having had made, using, offering for sale, importing into this country
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`and selling XPoint.
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`40.
`
`Defendants have been and now are directly infringing at least claims 14, 15 and
`
`18 of the ‘492 Patent making, having had made, using, offering for sale, importing into this
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`country and selling ROAM.
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`41.
`
`Defendants have been and now are directly infringing at least claims 8, 10 and 13
`
`of the ‘492 Patent by practicing the method for communicating command and sensed data
`
`between remote wireless devices comprising a plurality of wireless communication devices
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`which Defendants make, have made, used, offered for sale, imported into this country and sold
`
`as XPoint, the method comprising: providing a receiver to receive at least one message; wherein
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`the message has a packet that comprises a command indicator comprising a command code, a
`
`scalable data value comprising a scalable message, and an error detector that is a redundancy
`
`check error detector; and providing a controller to determine if at least one received message is a
`
`duplicate message and determining a location from which the duplicate message originated.
`
`42.
`
`Defendants have been and now are indirectly infringing at least claims 8, 10 and
`
`13 of the ‘492 Patent by intentionally inducing and continuing to induce infringement of the
`
`claims by their intentional acts which have successfully, among other things, encouraged,
`
`instructed, enabled, and otherwise caused Defendants’ customers to use Defendants’ XPoint
`
`systems and methods, in a manner which infringes the ’492 Patent claims by practicing the
`
`method for communicating command and sensed data between remote wireless devices
`
`comprising a plurality of wireless communication devices which Defendants make, have made,
`
`used, offered for sale, imported into this country and sold as XPoint, the method comprising:
`
`providing a receiver to receive at least one message; wherein the message has a packet that
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`comprises a command indicator comprising a command code, a scalable data value comprising a
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`scalable message, and an error detector that is a redundancy check error detector; and providing a
`
`controller to determine if at least one received message is a duplicate message and determining a
`
`location from which the duplicate message originated.
`
`43.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiff is entitled to recover from Defendants the damages sustained by Plaintiff as a
`
`result of Defendants’ wrongful acts.
`
`COUNT III
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`DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,468,661
`
`44.
`
`Plaintiff hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-27 and incorporates them by reference.
`
`45.
`
`Plaintiff is the owner by assignment of United States Patent No. 7,468,661
`
`entitled “Systems And Methods For Monitoring And Controlling Remote Devices” (“the ‘661
`
`Patent”). The ‘661 Patent was duly and legally issued on December 23, 2008. A true and
`
`correct copy of the ‘661 Patent is attached as Exhibit C.
`
`46.
`
`Defendants have been and now are directly infringing at least claims 1, 5, 8, 9, 12
`
`and 14 of the ‘661 Patent making, having had made, using, offering for sale and selling XPoint
`
`as part of a system that includes Defendants’ GX2 web or SensorView web components.
`
`47.
`
`Defendants have been and now are indirectly infringing as contributory infringers
`
`under 35 U.S.C. § 271 of at least claims 1, 5, 8, 9, 12 and 14 of the ‘661 Patent by making,
`
`having had made, using, offering for sale into this country and selling XPoint combined with
`
`SensorView or GX2, wherein XPoint combined with SensorView or GX2 is a component of a
`
`patented system, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
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`commodity of commerce suitable for substantial noninfringing use.
`
`48.
`
`Defendants have been and now are directly infringing at least claims 1, 8 and 9 of
`
`the ‘661 Patent making, having had made, using, offering for sale and selling Hosted ROAM.
`
`49.
`
`Defendants have been and now are indirectly infringing as contributory infringers
`
`under 35 U.S.C. § 271 of at least claims 1, 8 and 9 of the ‘661 Patent by making, having had
`
`made, using, offering for sale into this country and selling Hosted ROAM wherein Hosted
`
`ROAM is a component of a patented system, constituting a material part of the invention,
`
`knowing the same to be especially made or especially adapted for use in an infringement of such
`
`patent, and not a staple article or commodity of commerce suitable for substantial noninfringing
`
`use.
`
`50.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiff is entitled to recover from Defendants the damages sustained by Plaintiff as a
`
`result of Defendants’ wrongful acts.
`
`COUNT IV
`
`DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,103,511
`
`51.
`
`Plaintiff hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-27 and incorporates them by reference.
`
`52.
`
`Plaintiff is the owner by assignment of United States Patent No. 7,103,511
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`entitled “Wireless Communication Networks For Providing Remote Monitoring Of Devices”
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`(“the ‘511 Patent”). The ‘511 Patent was duly and legally issued on September 5, 2006, and the
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`Patent was reexamined and a Reexamination Certificate was issued on October 25, 2011. A true
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`and correct copy of the ‘511 Patent, together with its certificate of reexamination is attached as
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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 15 of 23 PageID #: 15
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`Exhibit D.
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`53.
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`Defendants have been and now are directly infringing at least claims 1, 3, 4, 8, 10,
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`11, and 35 of the ‘511 Patent by making, having had made, using, offering for sale, importing
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`into this country and selling XPoint as part of a system that includes Defendants’ GX2 web or
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`SensorView web components.
`
`54.
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`Defendants have been and now are directly infringing at least claims 1, 3, 4, 8, 10,
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`11, 35, 44 and 46 of the ‘511 Patent by making, having had made, using, offering for sale,
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`importing into this country and selling ROAM as part of a system that includes Hosted ROAM.
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`55.
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`Defendants have been and now are indirectly infringing as contributory infringers
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`under 35 U.S.C. § 271 of at least claims 1, 3, 4, 8, 10, 11, and 35 of the ‘511 Patent by making,
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`having had made, using, offering for sale, importing into this country and selling XPoint as part
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`of a system that includes Defendants’ GX2 web or SensorView web components, wherein
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`XPoint combined with SensorView or GX2 is a component of a patented system, constituting a
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`material part of the invention, knowing the same to be especially made or especially adapted for
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`use in an infringement of such patent, and not a staple article or commodity of commerce
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`suitable for substantial noninfringing use.
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`56.
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`Defendants have been and now are indirectly infringing as contributory infringers
`
`under 35 U.S.C. § 271 of at least claims 1, 3, 4, 8, 10, 11, 35, 44 and 46 of the ‘511 Patent by
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`making, having had made, using, offering for sale, importing into this country and selling
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`ROAM as part of a system that includes Hosted ROAM, wherein Hosted ROAM is a component
`
`of a patented system, constituting a material part of the invention, knowing the same to be
`
`especially made or especially adapted for use in an infringement of such patent, and not a staple
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`article or commodity of commerce suitable for substantial noninfringing use.
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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 16 of 23 PageID #: 16
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`57.
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`Defendants have been and now are directly infringing at least claim 27 of the ‘511
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`Patent by practicing the method for enabling customers to monitor remote devices via a wide
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`area network (WAN), the method comprising the steps of: establishing a wireless
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`communication network that enables each of a plurality of customers to monitor at least one
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`remote device via a wide area network comprising a plurality of wireless communication devices
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`which Defendants make, have made, used, offered for sale, imported into this country and sold
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`as XPoint as part of a system that includes Defendants’ GX2 web or SensorView web
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`components, the method comprising the wireless communication network comprising: a plurality
`
`of wireless transceivers each integrated with one of the plurality of remote devices and having a
`
`unique identifier and configured to receive a sensor data signal from the remote device and
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`transmit an original data message using a predefined wireless communication protocol, the
`
`original data message comprising the corresponding unique identifier for the originating wireless
`
`transceiver, each wireless transceiver further configured to receive the original data message
`
`transmitted by one of the other wireless transceivers and transmit a repeated data messaging
`
`using the predefined communication protocol, the repeated data message including the original
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`sensor data signal and the corresponding unique identifiers for the originating wireless
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`transceiver and the repeating wireless transceiver; and a site controller in communication with at
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`least one of the plurality of wireless transceivers, the site controller configured to receive the
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`original data messages and the repeated data messages, identify the remote device associated
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`with the corresponding sensor data signal, and provide information related to the sensor data
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`signal to a WAN for delivery to a host computer; and providing an organization access to the
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`wireless communication network.
`
`58.
`
`Defendants have been and now are indirectly infringing at least claim 27 of the
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`Case 1:16-cv-00480-RGA Document 1 Filed 06/23/16 Page 17 of 23 PageID #: 17
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`‘511 Patent by intentionally inducing and continuing to induce infringement of the claims by
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`their intentional acts which have successfully, among other things, encouraged, instructed,
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`enabled, and otherwise caused Defendants’ customers to use Defendants’ XPoint systems as part
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`of a system that includes Defendants’ GX2 web or SensorView web components and related
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`methods, in a manner which infringes the ’511 Patent claims by practicing the method the
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`method for enabling customers to monitor remote devices via a wide area network (WAN), the
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`method comprising the wireless communication network comprising: a plurality of wireless
`
`transceivers each integrated with one of the plurality of remote devices and having a unique
`
`identifier and configured to receive a sensor data signal from the remote device and transmit an
`
`original data message using a predefined wireless communication protocol, the original data
`
`message comprising the corresponding unique identifier for the originating wireless transceiver,
`
`each wireless transceiver further configured to receive the original data message transmitted by
`
`one of the other wireless transceivers and transmit a repeated data messaging using the
`
`predefined communication p