Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 1 of 33
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., FISHER-
`ROSEMOUNT SYSTEMS, INC., and
`ROSEMOUNT INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 6:15-cv-907
`
`
` JURY TRIAL DEMANDED
`
`
`
`
`
`Plaintiffs,
`
`
`Defendants.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`SIPCO, LLC and IP CO, LLC (d/b/a INTUS IQ) (“Plaintiffs” or “SIPCO”), by and
`
`
`
`through their counsel Nutter, McClennen & Fish LLP, hereby file this Complaint for Patent
`
`Infringement against Emerson Electric Co., Fisher-Rosemont Systems, Inc., and Rosemount Inc.
`
`as follows:
`
`THE PARTIES
`
`1.
`
`SIPCO, LLC is a limited liability company organized and existing under the laws
`
`of the State of Georgia, having its principal office at 8215 Roswell Road, Building 900, Suite
`
`950, Atlanta, Georgia 30350.
`
`2.
`
`IP CO, LLC (d/b/a INTUS IQ) is a limited liability company organized and
`
`existing under the laws of the State of Georgia, having its principal office at 8215 Roswell Road,
`
`Building 900, Suite 950, Atlanta, Georgia 30350.
`
`3.
`
`Emerson Electric Co. (“EEC”) is a corporation organized and existing under the
`
`laws of the State of Missouri, having a place of business at 1300 East Whaley Street, Suite B,
`
`Longview, Texas 75601.
`
`
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 2 of 33
`
`4.
`
`Fisher-Rosemount Systems, Inc. (“Fisher Rosemount”) is a wholly-owned
`
`subsidiary of Emerson Electric Co., and is a corporation incorporated under the laws of the State
`
`of Delaware, having its principal place of business at 1100 W. Louis Henna Blvd., Bldg. 1,
`
`Round Rock, Texas 78681.
`
`5.
`
`Rosemount, Inc. (“Rosemount”) is a wholly-owned subsidiary of Emerson
`
`Electric Co., and is a corporation organized and existing under the laws of the State of
`
`Minnesota, having its principal place of business at 8200 Market Blvd., Chanhassen, Minnesota
`
`55317.
`
`JURISDICTION AND VENUE
`
`6.
`
`Plaintiffs’ Complaint is for patent infringement arising under the patent statutes,
`
`35 U.S.C. § 101 et seq., in particular 35 U.S.C. § 271.
`
`7.
`
`This Court has subject matter jurisdiction over Plaintiffs’ claims under 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`8.
`
`The Court has personal jurisdiction over the Defendants at least because they have
`
`purposefully availed themselves of jurisdiction in this state and judicial district by voluntarily
`
`and purposefully committing and continuing to commit acts of infringement in this state and
`
`judicial district. In particular, this Court has personal jurisdiction over Rosemount because it has
`
`its principal place of business in this state, over EEC because it has an office in this Judicial
`
`District and thus has purposefully availed itself of the benefits of doing business here, and over
`
`Fisher-Rosemount because it has purposefully availed itself of the benefits of doing business
`
`here by selling infringing products in this state and district.
`
`9.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 and 1400(b)
`
`at least because a substantial part of the infringing acts of each defendant have occurred and are
`
`occurring in this judicial district.
`
`2
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 3 of 33
`
`THE PATENTS-IN-SUIT
`
`10.
`
`U.S. Patent No. 7,697,492 (“the ‘492 patent”) was duly and legally issued on
`
`April 13, 2010.
`
`11.
`
`The ‘492 patent is entitled “Systems and Methods for Monitoring and Controlling
`
`Remote Devices.”
`
`12.
`
`13.
`
`SIPCO owns the ‘492 patent.
`
`The Defendants had knowledge of the ‘492 patent and knowledge of their
`
`infringement of the ‘492 patent before the filing of the Complaint.
`
`14.
`
`U.S. Patent No. 6,437,692 (“the ‘692 patent”) was duly and legally issued on
`
`August 20, 2002.
`
`15.
`
`The ‘692 patent is entitled “System and Method for Monitoring and Controlling
`
`Remote Devices.”
`
`16.
`
`17.
`
`SIPCO owns the ‘692 patent.
`
`The Defendants had knowledge of the ‘692 patent and knowledge of their
`
`infringement of the ‘692 patent before the filing of the Complaint.
`
`18.
`
`U.S. Patent No. 6,914,893 (“the ‘893 patent”) was duly and legally issued on July
`
`5, 2005.
`
`19.
`
`The ‘893 patent is entitled “System and Method for Monitoring and Controlling
`
`Remote Devices.”
`
`20.
`
`21.
`
`SIPCO owns the ‘893 patent.
`
`The Defendants had knowledge of the ‘893 patent and knowledge of their
`
`infringement of the ‘893 patent before the filing of the Complaint.
`
`22.
`
`U.S. Patent No. 6,249,516 (“the ‘516 patent”) was duly and legally issued on June
`
`19, 2001.
`
`3
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 4 of 33
`
`23.
`
`The ‘516 patent is entitled “Wireless Network Gateway and Method for Providing
`
`Same.”
`
`24.
`
`25.
`
`IP CO owns the ‘516 patent.
`
`The Defendants had knowledge of the ‘516 patent and knowledge of their
`
`infringement of the ‘516 patent before the filing of the Complaint.
`
`26.
`
`U.S. Patent No. 7,468,661 (“the ‘661 patent”) was duly and legally issued on
`
`December 23, 2008.
`
`27.
`
`The ‘661 patent is entitled “System and Method for Monitoring and Controlling
`
`Remote Devices.”
`
`28.
`
`29.
`
`SIPCO owns the ‘661 patent.
`
`The Defendants had knowledge of the ‘661 patent and knowledge of their
`
`infringement of the ‘661 patent before the filing of the Complaint.
`
`30.
`
`U.S. Patent No. 8,000,314 (“the ‘314 patent”) was duly and legally issued on
`
`August 16, 2011.
`
`31.
`
`The ‘314 patent is entitled “Wireless Network System and Method for Providing
`
`Same.”
`
`32.
`
`33.
`
`IP CO owns the ‘314 patent.
`
`The Defendants had knowledge of the ‘314 patent and knowledge of their
`
`infringement of the ‘314 patent before the filing of the Complaint.
`
`34.
`
`U.S. Patent No. 8,233,471 (“the ‘471 patent”) was duly and legally issued on July
`
`31, 2012.
`
`35.
`
`The ‘471 patent is entitled “Wireless Network System and Method for Providing
`
`Same.”
`
`36.
`
`IP CO owns the ‘471 patent.
`
`4
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 5 of 33
`
`37.
`
`The Defendants had knowledge of the ‘471 patent and knowledge of their
`
`infringement of the ‘471 patent before the filing of the Complaint.
`
`38.
`
`U.S. Patent No. 8,625,496 (“the ‘496 patent”) was duly and legally issued on
`
`January 7, 2014.
`
`39.
`
`The ‘496 patent is entitled “Wireless Network System and Method for Providing
`
`Same.”
`
`40.
`
`41.
`
`IP CO owns the ‘496 patent.
`
`The Defendants had knowledge of the ‘496 patent and knowledge of their
`
`infringement of the ‘496 patent before the filing of the Complaint.
`
`42.
`
`U.S. Patent No. 8,754,780 (“the ‘780 patent”) was duly and legally issued on June
`
`17, 2014.
`
`43.
`
`The ‘780 patent is entitled “Systems and Methods for Monitoring and Controlling
`
`Remote Devices.”
`
`44.
`
`45.
`
`SIPCO owns the ‘780 patent.
`
`The Defendants had knowledge of the ‘780 patent and knowledge of their
`
`infringement of the ‘780 patent before the filing of the Complaint.
`
`46.
`
`U.S. Patent No. 8,908,842 (“the ‘842 patent”) was duly and legally issued on
`
`December 9, 2014.
`
`47.
`
`The ‘842 patent is entitled “Multi-Functional General Purpose Transceivers and
`
`Devices.”
`
`48.
`
`49.
`
`SIPCO owns the ‘842 patent.
`
`The Defendants had knowledge of the ‘842 patent and knowledge of their
`
`infringement of the ‘842 patent before the filing of the Complaint.
`
`5
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 6 of 33
`
`SIPCO AND IP CO
`
`50.
`
`SIPCO and IP CO are small research, development and technology companies
`
`based in Atlanta, Georgia. T. David Petite is a founding member of both companies.
`
`51.
`
`In the 1990’s, through his own individual research and development efforts, Mr.
`
`Petite invented a large number of wireless control and distribution technology applications. The
`
`inventions resulting from Mr. Petite’s efforts include, but are not limited to, various ways of
`
`moving data as economically and seamlessly as possible over both wired and wireless networks.
`
`52.
`
`Through the 1990’s and early 2000’s investors contributed tens of millions of
`
`dollars for technology development and implementation of networks. Clients included Georgia
`
`Power, Alabama Power, Newnan Utilities GA, Johnson Controls, Synovus Bank and Grand
`
`Court Lifestyles residential living facilities.
`
`53.
`
`After proving that the technology worked in the field, several companies
`
`competed to purchase an exclusive license to Mr. Petite’s technology for the market known as
`
`“smart grid.” Landis+Gyr (http://www.landisgyr.com/) (previously Siemens Metering) took an
`
`exclusive license to the smart grid technology in 2002 and in 2005 purchased rights to the
`
`technology for utility applications for $30,000,000. Mr. Petite’s technology has been deployed in
`
`millions of meters deployed across North America and throughout the world.
`
`54.
`
`SIPCO retained the rights to the mesh network patents, and for use of the
`
`technology outside of the utility space. It still maintains ownership of the software, firmware,
`
`hardware and patent portfolio that resulted from Mr. Petite’s research and development efforts,
`
`and SIPCO continues to develop and deploy wireless technology applications and wireless
`
`technology systems throughout the United States.
`
`55.
`
`SIPCO’s patent portfolios (of which the patents in suit are a part) include
`
`inventions that are widely recognized as pioneering in various fields of use. As a result, over 60
`
`6
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 7 of 33
`
`corporations have taken licenses to them. Licensees include companies operating in the vertical
`
`markets of Industrial Controls, Smart Grid, Building Automation, Network Backhaul, Home
`
`Appliance, Home Automation and Entertainment, Sensor Monitoring, and Internet Service
`
`Provisioning. Licensed products include products using standard wireless mesh protocols such
`
`as WirelessHART, Zigbee, IEEE 802.15.4, Z-Wave, and as well as proprietary wireless
`
`protocols. Licensed Companies utilizing WirelessHART products include Siemens and ABB.
`
`THE DEFENDANTS
`
`56.
`
`The Defendants make, sell and offer for sale “Smart Wireless Solutions” that
`
`provide monitoring and control of remote wireless devices in industrial environments.
`
`57.
`
`A basic Smart Wireless Solutions system includes a gateway, remote field devices
`
`integrated with sensors, and a software package that runs on a host computer for monitoring and
`
`control of the remote field devices. The remote field devices and gateways in a Smart Wireless
`
`Solution implementation support the WirelessHART standard communication protocol, which
`
`allows remote field devices to communicate either directly or indirectly through other remote
`
`field devices with a gateway.
`
`58.
`
`The gateway receives wireless messages (i.e., WirelessHART packets)
`
`comprising sensor data from remote field devices and delivers such data to a host computer
`
`running the monitoring software package via a second network.
`
`59.
`
`The gateway and remote field devices in Smart Wireless Solutions communicate
`
`in a server/client fashion. The gateway implements a WirelessHART Network Manager which
`
`maintains a link tree of all paths from remote field devices to the gateway based on information
`
`received from remote field devices, in accordance with one or more of the claims of the asserted
`
`patents, as specified more particularly below.
`
`7
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 8 of 33
`
`LICENSE AGREEMENT
`
`60.
`
`On or about October 25, 2011, SIPCO, LLC and IP CO, LLC d/b/a IntusIQ
`
`entered into a license agreement with Emerson Electric Co. through its White-Rodgers Division
`
`(hereinafter referred to as the “License Agreement”).
`
`61.
`
`Through the License Agreement, the White-Rogers Division of Emerson Electric
`
`Co. received a license to certain patents owned by SIPCO and IP CO, including at least U.S.
`
`Patent Nos. 7,103,511, 6,044,062, 6,249,516, 7,697,492, 6,437,692, 7,468,661, 6,914,893,
`
`8,000,314, and 8,233,471 (hereinafter the “Licensed Patents”). The scope of the license granted
`
`to the White-Rogers Division of Emerson Electric Co., including any licensed field(s) of use and
`
`any licensed product(s) identified therein, is governed by the specific terms of the License
`
`Agreement.
`
`62.
`
`Emerson Electric Co. is not licensed under the License Agreement other than
`
`through the license granted to its White-Rodgers Division, as governed by the specific terms of
`
`the License Agreement.
`
`63.
`
`Emerson Electric Co. does not have a license to the Licensed Patents other than
`
`through the license granted to its White-Rodgers Division, as governed by the specific terms of
`
`the License Agreement.
`
`64.
`
`Fisher-Rosemount Systems, Inc. is not a party to the License Agreement and is
`
`not licensed under the License Agreement.
`
`65.
`
`66.
`
`Fisher-Rosemount Systems, Inc. does not have a license to the Licensed Patents.
`
`Rosemount, Inc. is not a party to the License Agreement and is not licensed under
`
`the License Agreement.
`
`67.
`
`Rosemount, Inc. does not have a license to the Licensed Patents.
`
`8
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 9 of 33
`
`68.
`
`By virtue of entering into the License Agreement with SIPCO and IP CO on or
`
`about October 25, 2011, Emerson Electric Co. had knowledge of at least the licensed patents and
`
`knowledge of its infringement thereof.
`
`69.
`
`Upon information and belief, Fisher-Rosemount Systems, Inc. has had knowledge
`
`of at least the licensed patents and knowledge of its infringement thereof since at least as early as
`
`October 25, 2011.
`
`70.
`
`Upon information and belief, Rosemount, Inc. has had knowledge of at least the
`
`licensed patents and knowledge of its infringement thereof since at least as early as October 25,
`
`2011.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,697,492
`
`71.
`
`Plaintiffs hereby restate and re-allege the allegations set forth in the preceding
`
`paragraphs and incorporate them by reference.
`
`72.
`
`On information and belief, the Defendants have been and are now directly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘492 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(a) by making, using, offering
`
`for sale, selling within the United States, or importing into the United States products, including
`
`but not limited to the following lines of products:
`
`73.
`
`Gateways, including but not limited to the Emerson Smart Wireless Gateway
`
`1420, Emerson Smart Wireless Gateway 1410, Smart Wireless Gateway 1552WU, and the
`
`Wireless I/O Card (WIOC) with Field Link lines of products;
`
`74.
`
`Field Devices, including, but not limited to, the Rosemount 3308 Series,
`
`Rosemount 3051S Wireless Pressure, Flow and Level transmitters, Rosemount 3051 Wireless
`
`Pressure Transmitter, Rosemount 2051 Wireless Pressure Transmitter, Rosemount 848T
`
`9
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 10 of 33
`
`Wireless Temperature Transmitter, Rosemount 648 Single-Point Wireless Temperature
`
`Transmitter, Rosemount 248 basic temperature transmitter, Rosemount 2160 Wireless Level
`
`Switch, Rosemount 708 Wireless Acoustic Transmitter, Rosemount 702 Wireless Discrete
`
`Transmitter, Rosemount 705 Wireless Totalizing Transmitter, Rosemount 6081 Wireless
`
`Transmitter for pH and ORP and Conductivity, Fisher 4320 wireless position monitor, TopWorx
`
`4310 Wireless Position Monitor, Roxar Wireless sand/erosion monitoring transmitter, CSI 9420
`
`Wireless Vibration Transmitter, 52WM Wireless Temperature and Humidity Sensor, 52WM-3T
`
`Wireless Temperature Sensor, 50WM Wireless Sensor and 56WM Wireless Power Meter lines
`
`of products;
`
`75.
`
`Adapters, including but not limited to, the Rosemount Smart Wireless THUM™
`
`Adapter and Fisher 775 THUM™ lines of products; and
`
`76. Monitoring and control software, including but not limited to, the AMS, Ovation,
`
`and DeltaV lines of products.
`
`77.
`
`The Defendants are liable for infringement of the ‘492 Patent pursuant to 35
`
`U.S.C. § 271(a).
`
`78.
`
`On information and belief, the Defendants have been and are now indirectly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘492 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(b) or (c) by actively inducing
`
`infringement or contributing to the infringement of the ‘492 Patent in the United States, by
`
`providing or selling at least the products identified above to customers or users of those products.
`
`79.
`
`Upon information and belief, the Defendants have been made aware of the
`
`asserted claims of the ‘492 patent and their infringement thereof through communications with
`
`Plaintiffs, and continue to make, use, sell and offer to sell same, despite their known
`
`infringement.
`
`10
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 11 of 33
`
`80.
`
`The Defendants are liable for infringement of the ‘492 Patent pursuant to 35
`
`U.S.C. § 271(b).
`
`81.
`
`The Defendants are liable for infringement of the ‘492 Patent pursuant to 35
`
`U.S.C. § 271(c).
`
`82.
`
`Plaintiffs have been damaged and injured by the infringement of the ‘492 Patent
`
`by the Defendants.
`
`83.
`
`Because of their infringing acts, the Defendants are liable to Plaintiffs for
`
`damages in an amount no less than a reasonable royalty for their unauthorized use of the
`
`invention claimed in the ‘492 Patent.
`
`84.
`
`Because the Defendants had knowledge of the ‘492 Patent and knowledge of their
`
`infringement of the ‘492 Patent before the Complaint was filed, their infringement of the ‘492
`
`Patent has been and continues to be willful, and therefore Plaintiffs are entitled to treble damages
`
`under 35 U.S.C. § 284.
`
`85.
`
`The infringement of the ‘492 Patent by the Defendants has caused and will
`
`continue to cause irreparable harm to Plaintiffs, for which they have no adequate remedy at law,
`
`unless the Defendants are enjoined from further infringement.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 6,437,692
`
`86.
`
`Plaintiffs hereby restate and re-allege the allegations set forth in the preceding
`
`paragraphs and incorporate them by reference.
`
`87.
`
`On information and belief, the Defendants have been and are now directly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘692 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(a) by making, using, offering
`
`11
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 12 of 33
`
`for sale, selling within the United States, or importing into the United States their products,
`
`including but not limited to the following lines of products:
`
`88.
`
`Gateways, including but not limited to the Emerson Smart Wireless Gateway
`
`1420, Emerson Smart Wireless Gateway 1410, Smart Wireless Gateway 1552WU, and the
`
`Wireless I/O Card (WIOC) with Field Link lines of products;
`
`89.
`
`Field Devices, including, but not limited to, the Rosemount 3308 Series,
`
`Rosemount 3051S Wireless Pressure, Flow and Level transmitters, Rosemount 3051 Wireless
`
`Pressure Transmitter, Rosemount 2051 Wireless Pressure Transmitter, Rosemount 848T
`
`Wireless Temperature Transmitter, Rosemount 648 Single-Point Wireless Temperature
`
`Transmitter, Rosemount 248 basic temperature transmitter, Rosemount 2160 Wireless Level
`
`Switch, Rosemount 708 Wireless Acoustic Transmitter, Rosemount 702 Wireless Discrete
`
`Transmitter, Rosemount 705 Wireless Totalizing Transmitter, Rosemount 6081 Wireless
`
`Transmitter for pH and ORP and Conductivity, Fisher 4320 wireless position monitor, TopWorx
`
`4310 Wireless Position Monitor, Roxar Wireless sand/erosion monitoring transmitter, CSI 9420
`
`Wireless Vibration Transmitter, 52WM Wireless Temperature and Humidity Sensor, 52WM-3T
`
`Wireless Temperature Sensor, 50WM Wireless Sensor and 56WM Wireless Power Meter lines
`
`of products;
`
`90.
`
`Adapters, including but not limited to, the Rosemount Smart Wireless THUM™
`
`Adapter and Fisher 775 THUM™ lines of products; and
`
`91. Monitoring and control software, including but not limited to, the AMS, Ovation,
`
`and DeltaV lines of products.
`
`92.
`
`The Defendants are liable for infringement of the ‘692 Patent pursuant to 35
`
`U.S.C. § 271(a).
`
`12
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 13 of 33
`
`93.
`
`On information and belief, the Defendants have been and are now indirectly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘692 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(b) or (c) by actively inducing
`
`infringement or contributing to the infringement of the ‘692 Patent in the United States, by
`
`providing or selling at least the products identified above to customers or users of those products.
`
`94.
`
`Upon information and belief, the Defendants have been made aware of the
`
`asserted claims of the ‘692 patent and their infringement thereof through communications with
`
`Plaintiffs, and continue to make, use, sell and offer to sell same, despite their known
`
`infringement.
`
`95.
`
`The Defendants are liable for infringement of the ‘692 Patent pursuant to 35
`
`U.S.C. § 271(b).
`
`96.
`
`The Defendants are liable for infringement of the ‘692 Patent pursuant to 35
`
`U.S.C. § 271(c).
`
`97.
`
`Plaintiffs have been damaged and injured by the infringement of the ‘692 Patent
`
`by the Defendants.
`
`98.
`
`Because of their infringing acts, the Defendants are liable to Plaintiffs for
`
`damages in an amount no less than a reasonable royalty for their unauthorized use of the
`
`invention claimed in the ‘692 Patent.
`
`99.
`
`Because the Defendants had knowledge of the ‘692 Patent and knowledge of their
`
`infringement of the ‘692 Patent before the Complaint was filed, their infringement of the ‘692
`
`Patent has been and continues to be willful, and therefore Plaintiffs are entitled to treble damages
`
`under 35 U.S.C. § 284.
`
`13
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 14 of 33
`
`100. The infringement of the ‘692 Patent by the Defendants have caused and will
`
`continue to cause irreparable harm to Plaintiffs, for which they have no adequate remedy at law,
`
`unless the Defendants are enjoined from further infringement.
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 6,914,893
`
`101. Plaintiffs hereby restate and re-allege the allegations set forth in the preceding
`
`paragraphs and incorporate them by reference.
`
`102. On information and belief, the Defendants have been and are now directly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘893 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(a) by making, using, offering
`
`for sale, selling within the United States, or importing into the United States their products,
`
`including but not limited to the following lines of products:
`
`103. Gateways, including but not limited to the Emerson Smart Wireless Gateway
`
`1420, Emerson Smart Wireless Gateway 1410, Smart Wireless Gateway 1552WU, and the
`
`Wireless I/O Card (WIOC) with Field Link lines of products;
`
`104. Field Devices, including, but not limited to, the Rosemount 3308 Series,
`
`Rosemount 3051S Wireless Pressure, Flow and Level transmitters, Rosemount 3051 Wireless
`
`Pressure Transmitter, Rosemount 2051 Wireless Pressure Transmitter, Rosemount 848T
`
`Wireless Temperature Transmitter, Rosemount 648 Single-Point Wireless Temperature
`
`Transmitter, Rosemount 248 basic temperature transmitter, Rosemount 2160 Wireless Level
`
`Switch, Rosemount 708 Wireless Acoustic Transmitter, Rosemount 702 Wireless Discrete
`
`Transmitter, Rosemount 705 Wireless Totalizing Transmitter, Rosemount 6081 Wireless
`
`Transmitter for pH and ORP and Conductivity, Fisher 4320 wireless position monitor, TopWorx
`
`4310 Wireless Position Monitor, Roxar Wireless sand/erosion monitoring transmitter, CSI 9420
`
`14
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`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 15 of 33
`
`Wireless Vibration Transmitter, 52WM Wireless Temperature and Humidity Sensor, 52WM-3T
`
`Wireless Temperature Sensor, 50WM Wireless Sensor and 56WM Wireless Power Meter lines
`
`of products;
`
`105. Adapters, including but not limited to, the Rosemount Smart Wireless THUM™
`
`Adapter and Fisher 775 THUM™ lines of products; and
`
`106. Monitoring and control software, including but not limited to, the AMS, Ovation,
`
`and DeltaV lines of products.
`
`107. The Defendants are liable for infringement of the ‘893 Patent pursuant to 35
`
`U.S.C. § 271(a).
`
`108. On information and belief, the Defendants have been and are now indirectly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘893 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(b) or (c) by actively inducing
`
`infringement or contributing to the infringement of the ‘893 Patent in the United States, by
`
`providing or selling at least the products identified above to customers or users of those products.
`
`109. Upon information and belief, the Defendants have been made aware of the
`
`asserted claims of the ‘893 patent and their infringement thereof through communications with
`
`Plaintiffs, and continue to make, use, sell and offer to sell same, despite their known
`
`infringement.
`
`110. The Defendants are liable for infringement of the ‘893 Patent pursuant to 35
`
`U.S.C. § 271(b).
`
`111. The Defendants are liable for infringement of the ‘893 Patent pursuant to 35
`
`U.S.C. § 271(c).
`
`112. Plaintiffs have been damaged and injured by the infringement of the ‘893 Patent
`
`by the Defendants.
`
`15
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`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 16 of 33
`
`113. Because of their infringing acts, the Defendants are liable to Plaintiffs for
`
`damages in an amount no less than a reasonable royalty for their unauthorized use of the
`
`invention claimed in the ‘893 Patent.
`
`114. Because the Defendants had knowledge of the ‘893 Patent and knowledge of their
`
`infringement of the ‘893 Patent before the Complaint was filed, their infringement of the ‘893
`
`Patent has been and continues to be willful, and therefore Plaintiffs are entitled to treble damages
`
`under 35 U.S.C. § 284.
`
`115. The infringement of the ‘893 Patent by the Defendants have caused and will
`
`continue to cause irreparable harm to Plaintiffs, for which they have no adequate remedy at law,
`
`unless the Defendants are enjoined from further infringement.
`
`COUNT IV
`
`INFRINGEMENT OF U.S. PATENT NO. 6,249,516
`
`116. Plaintiffs hereby restate and re-allege the allegations set forth in the preceding
`
`paragraphs and incorporate them by reference.
`
`117. On information and belief, the Defendants have been and are now directly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘516 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(a) by making, using, offering
`
`for sale, selling within the United States, or importing into the United States their products,
`
`including but not limited to the following lines of products:
`
`118. Gateways, including but not limited to the Emerson Smart Wireless Gateway
`
`1420, Emerson Smart Wireless Gateway 1410, Smart Wireless Gateway 1552WU, and the
`
`Wireless I/O Card (WIOC) with Field Link lines of products;
`
`119. Field Devices, including, but not limited to, the Rosemount 3308 Series,
`
`Rosemount 3051S Wireless Pressure, Flow and Level transmitters, Rosemount 3051 Wireless
`
`16
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 17 of 33
`
`Pressure Transmitter, Rosemount 2051 Wireless Pressure Transmitter, Rosemount 848T
`
`Wireless Temperature Transmitter, Rosemount 648 Single-Point Wireless Temperature
`
`Transmitter, Rosemount 248 basic temperature transmitter, Rosemount 2160 Wireless Level
`
`Switch, Rosemount 708 Wireless Acoustic Transmitter, Rosemount 702 Wireless Discrete
`
`Transmitter, Rosemount 705 Wireless Totalizing Transmitter, Rosemount 6081 Wireless
`
`Transmitter for pH and ORP and Conductivity, Fisher 4320 wireless position monitor, TopWorx
`
`4310 Wireless Position Monitor, Roxar Wireless sand/erosion monitoring transmitter, CSI 9420
`
`Wireless Vibration Transmitter, 52WM Wireless Temperature and Humidity Sensor, 52WM-3T
`
`Wireless Temperature Sensor, 50WM Wireless Sensor and 56WM Wireless Power Meter lines
`
`of products; and
`
`120. Adapters, including but not limited to, the Rosemount Smart Wireless THUM™
`
`Adapter and Fisher 775 THUM™ lines of products.
`
`121. The Defendants are liable for infringement of the ‘516 Patent pursuant to 35
`
`U.S.C. § 271(a).
`
`122. On information and belief, the Defendants have been and are now indirectly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘516 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(b) or (c) by actively inducing
`
`infringement or contributing to the infringement of the ‘516 Patent in the United States, by
`
`providing or selling at least the products identified above to customers or users of those products.
`
`123. Upon information and belief, the Defendants have been made aware of the
`
`asserted claims of the ‘516 patent and their infringement thereof through communications with
`
`Plaintiffs, and continue to make, use, sell and offer to sell same, despite their known
`
`infringement.
`
`17
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 18 of 33
`
`124. The Defendants are liable for infringement of the ‘516 Patent pursuant to 35
`
`U.S.C. § 271(b).
`
`125. The Defendants are liable for infringement of the ‘516 Patent pursuant to 35
`
`U.S.C. § 271(c).
`
`126. Plaintiffs have been damaged and injured by the infringement of the ‘516 Patent
`
`by the Defendants.
`
`127. Because of their infringing acts, the Defendants are liable to Plaintiffs for
`
`damages in an amount no less than a reasonable royalty for their unauthorized use of the
`
`invention claimed in the ‘516 Patent.
`
`128. Because the Defendants had knowledge of the ‘516 Patent and knowledge of their
`
`infringement of the ‘516 Patent before the Complaint was filed, their infringement of the ‘516
`
`Patent has been and continues to be willful, and therefore Plaintiffs are entitled to treble damages
`
`under 35 U.S.C. § 284.
`
`129. The infringement of the ‘516 Patent by the Defendants have caused and will
`
`continue to cause irreparable harm to Plaintiffs, for which they have no adequate remedy at law,
`
`unless the Defendants are enjoined from further infringement.
`
`COUNT V
`
`INFRINGEMENT OF U.S. PATENT NO. 7,468,661
`
`130. Plaintiffs hereby restate and re-allege the allegations set forth in the preceding
`
`paragraphs and incorporate them by reference.
`
`131. On information and belief, the Defendants have been and are now directly
`
`infringing, literally or under the doctrine of equivalents, one or more claims of the ‘661 Patent
`
`(including, but not limited to, claim 1) pursuant to 35 U.S.C. § 271(a) by making, using, offering
`
`18
`
`

`

`Case 1:16-cv-02690-AT Document 1 Filed 10/16/15 Page 19 of 33
`
`for sale, selling within the United States, or importing into the United States their products,
`
`including but not limited to the following lines of products:
`
`132. Gateways, including but not limited to the Emerson Smart Wireless Gateway
`
`1420, Emerson Smart Wireless Gateway 1410, Smart Wireless Gateway 1552WU, and the
`
`Wireless I/O Card (WIOC) with Field Link lines of products;
`
`133. Field Devices, including, but not limited to, the Rosemount 3308 Series,
`
`Rosemount 3051S Wireless Pressure, Flow and Level transmitters, Rosemount 3051 Wireless
`
`Pressure Transmitter, Rosemount 2051 Wireless Pressure Transmitter, Rosemount 848T
`
`Wireless Temperature Transmitter, Rosemount 648 Single-Point Wireless Temperature
`
`Transmitter, Rosemount 248 basic temperature transmitter, Rosemount 2160 Wireless Level
`
`Switch, Rosemount 708 Wireless Acoustic Transmitter, Rosemount 702 Wireless Discrete
`
`Transmitter, Rosemount 705 Wireless Totalizing Transmitter, Rosemount 6081 Wireless
`
`Transmitter for pH and ORP and Conductivity, Fisher 4320 wireless position monitor, TopWorx
`
`4310 Wireless Position Monitor, Roxar Wireless sand/erosion monitoring transmitter, CSI 9420
`
`Wireless Vibration Transmitter, 52WM Wireless Temperature and Humidity Sensor, 52WM-3T
`
`Wireless Temperature Sensor, 50WM Wireless Sensor and 56WM Wireless Power Meter lines
`
`of products;
`
`134. Ada