Case 3:15-cv-00964-MLC-TJB Document 1 Filed 02/06/15 Page 1 of 6 PageID: 1
`
`Joel N. Bock
`joel.bock@dentons.com
`Andrew M. Grodin
`andrew.grodin@dentons.com
`Dentons US LLP
`101 JFK Parkway
`Short Hills, New Jersey 07078
`(973) 912-7100
`
`Of Counsel:
`Mark L. Hogge (pro hac vice pending)
`mark.hogge@dentons.com
`Shailendra Maheshwari
`shailendra.maheshwari@dentons.com
`Nicholas H. Jackson (pro hac vice pending)
`nicholas.jackson@dentons.com
`Dentons US LLP
`1301 K. Street, NW
`Washington, D.C. 20005
`(202) 408-6400
`
`Anne K. W. Sutton (pro hac vice pending)
`anne.sutton@dentons.com
`Dentons US LLP
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606
`Telephone: (312) 876-8000
`
`Attorneys for Plaintiff Synchronoss Technologies, Inc.
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`SYNCHRONOSS
`TECHNOLOGIES, INC.
`Plaintiff,
`
`v.
`
`CARBONITE, INC.
`
`Defendant.
`
`Civil Action No. _________
`Document filed electronically
`
`COMPLAINT FOR PATENT
`INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`
`Joel N. Bock
`joel.bock@dentons.com
`Andrew M. Grodin
`andrew.grodin@dentons.com
`Dentons US LLP
`101 JFK Parkway
`Short Hills, New Jersey 07078
`(973) 912-7100
`
`Of Counsel:
`Mark L. Hogge (pro hac vice pending)
`mark.hogge@dentons.com
`Shailendra Maheshwari
`shailendra.maheshwari@dentons.com
`Nicholas H. Jackson (pro hac vice pending)
`nicholas.jackson@dentons.com
`Dentons US LLP
`1301 K. Street, NW
`Washington, D.C. 20005
`(202) 408-6400
`
`Anne K. W. Sutton (pro hac vice pending)
`anne.sutton@dentons.com
`Dentons US LLP
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606
`Telephone: (312) 876-8000
`
`Attorneys for Plaintiff Synchronoss Technologies, Inc.
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`SYNCHRONOSS
`TECHNOLOGIES, INC.
`Plaintiff,
`
`v.
`
`CARBONITE, INC.
`
`Defendant.
`
`Civil Action No. _________
`Document filed electronically
`
`COMPLAINT FOR PATENT
`INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`
`Case 3:15-cv-00964-MLC-TJB Document 1 Filed 02/06/15 Page 2 of 6 PageID: 2
`
`THE PARTIES
`
`1.
`
`Plaintiff Synchronoss Technologies, Inc. (“Plaintiff” or “Synchronoss”) is a
`
`company incorporated under the laws of Delaware having a business address at 200
`
`Crossing Blvd., 8th Floor, Bridgewater, New Jersey 08807.
`
`2. Upon information and belief, Carbonite, Inc. ("Defendant" or "Carbonite") is
`
`a Delaware Corporation with an address at 2 Avenue de la Lafayette, Boston, MA 02111.
`
`3.
`
`Upon information and belief, Carbonite may be served through its registered
`
`agent, Corporation Service Company 2711 Centerville Road, Suite 400, Wilmington, DE
`
`19808.
`
`JURISDICTION AND VENUE
`
`4. This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code. Accordingly, this Court has federal
`
`question jurisdiction pursuant to 35 U.S.C. § 271, et seq., 28 U.S.C. § 1331 and original
`
`jurisdiction under 28 U.S.C. § 1338(a).
`
`5.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) because on
`
`information and belief, Defendant has committed and continues to commit a substantial part
`
`of the events giving rise to the patent infringement claims herein in this judicial district.
`
`6. The Court has personal jurisdiction over Carbonite because Defendant is
`
`engaged in substantial and not isolated activities within this state, including providing,
`
`using, offering for sale, and selling its infringing Sync and Share products within this state
`
`and judicial district. Due to these infringing activities, Synchronoss has suffered injury in
`
`this judicial district. Upon information and belief, Defendant also directly solicits,
`
`
`
`Case 3:15-cv-00964-MLC-TJB Document 1 Filed 02/06/15 Page 3 of 6 PageID: 3
`
`promotes, and provides its infringing products in this state and judicial district through its
`
`active website at www.carbonite.com from which consumers and businesses can directly
`
`access and download the Carbonite products.
`
`SYNCHRONOSS’S PATENTS
`
`7.
`
`On December 30, 2003, the United States Patent and Trademark Office duly
`
`and legally issued United States Patent No. 6,671,757 (the “‘757 Patent”), entitled “Data
`
`Transfer and Synchronization System.” A true and correct copy of the ‘757 Patent is
`
`attached hereto as Exhibit A. Plaintiff is the owner of the ‘757 patent by assignment.
`
`8.
`
`On June 29, 2004, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 6,757,696 (the “‘696 Patent”), entitled “Management
`
`Server for Synchronization System.” A true and correct copy of the ‘696 Patent is attached
`
`hereto as Exhibit B. Plaintiff is the owner of the ‘696 patent by assignment.
`
`9.
`
`On September 8, 2009, the United States Patent and Trademark Office duly
`
`and legally issued United States Patent No. 7,587,446 (the “‘446 Patent”), entitled
`
`“Acquisition And Synchronization Of Digital Media To A Personal Information Space.” A
`
`true and correct copy of the ‘446 patent is attached hereto as Exhibit C. Plaintiff is the
`
`owner of the ‘446 patent by assignment.
`
`COUNT I — INFRINGEMENT OF THE ‘757 PATENT
`
`10.
`
`Synchronoss restates and incorporates by reference paragraphs 1 through 9 as
`
`if fully stated herein.
`
`11.
`
`Defendant has infringed and is still infringing the ‘757 patent by making,
`
`using, offering for sale, or selling its Sync and Share products, including but not limited to
`
`its Sync and Share App. product, covered by the '757 patent and without authority from
`
`
`
`Case 3:15-cv-00964-MLC-TJB Document 1 Filed 02/06/15 Page 4 of 6 PageID: 4
`
`Synchronoss. Defendant will continue to do so unless enjoined by this Court.
`
`12.
`
`As a direct and proximate result of Defendant's direct infringement of the
`
`‘757 Patent, Synchronoss is suffering damages and irreparable injury for which it has no
`
`adequate remedy at law.
`
`COUNT II — INFRINGEMENT OF THE ‘696 PATENT
`
`13.
`
`Synchronoss restates and incorporates by reference paragraphs 1 through 12
`
`as if fully stated herein.
`
`14.
`
`Defendant has infringed and is still infringing the ‘696 patent by making,
`
`using, offering for sale, or selling its Sync and Share products, including but not limited to
`
`its Sync and Share App. products, covered by the '696 patent and without authority from
`
`Synchronoss. Defendant will continue to do so unless enjoined by this Court.
`
`15.
`
`As a direct and proximate result of Defendant's direct infringement of the
`
`‘696 patent, Synchronoss is suffering damages and irreparable injury for which it has no
`
`adequate remedy at law.
`
`COUNT III — INFRINGEMENT OF THE ‘446 PATENT
`
`16.
`
`Synchronoss restates and incorporates by reference paragraphs 1 through 15
`
`as if fully stated herein.
`
`17.
`
`Defendant has infringed and is still infringing the ‘446 patent by making,
`
`using, offering for sale, or selling its Sync and Share products, including but not limited to
`
`its Sync and Share App. products, covered by the '446 patent and without authority from
`
`Synchronoss. Defendant will continue to do so unless enjoined by this Court.
`
`18.
`
`As a direct and proximate result of Defendant's direct infringement of the
`
`‘446 Patent, Synchronoss is suffering damages and irreparable injury for which it has no
`
`
`
`Case 3:15-cv-00964-MLC-TJB Document 1 Filed 02/06/15 Page 5 of 6 PageID: 5
`
`adequate remedy at law.
`
`JURY DEMAND
`
`19.
`
`Plaintiff hereby demands a jury trial on all issues triable to the jury.
`
`WHEREFORE, Plaintiff demands:
`
`(a)
`
`judgment that the asserted patents are enforceable and infringed by
`
`Defendant;
`
`(b)
`
`permanent injunctive relief prohibiting further infringement of the
`
`asserted patents;
`
`damages for Defendant's infringements;
`
`prejudgment interest on the damages;
`
`that the Court find this is an exceptional case, and award Synchronoss
`
`(c)
`
`(d)
`
`(e)
`
`costs and fees for this lawsuit under 35 U.S.C. § 285; and
`
`(f)
`
`any other relief that the Court may deem just and proper.
`
`Dated: February 6, 2015
`
`s/ Andrew M. Grodin
`Joel N. Bock
`joel.bock@dentons.com
`Andrew M. Grodin
`andrew.grodin@dentons.com
`Dentons US LLP
`101 JFK Parkway
`Short Hills, NJ 07078-2708
`Telephone: (973) 912-7100
`Mark L. Hogge (pro hac vice pending)
`mark.hogge@dentons.com
`Shailendra Maheshwari
`shailendra.maheshwari@dentons.com
`Nicholas H. Jackson (pro hac vice pending)
`nicholas.jackson@dentons.com
`
`
`
`Case 3:15-cv-00964-MLC-TJB Document 1 Filed 02/06/15 Page 6 of 6 PageID: 6
`
`Dentons US LLP
`1301 K. Street, NW
`Washington, D.C. 20005
`Telephone: (202) 408-6400
`Anne K. W. Sutton (pro hac vice pending)
`anne.sutton@dentons.com
`Dentons US LLP
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606
`Telephone: (312) 876-8000
`
`Attorneys for Plaintiff Synchronoss
`Technologies, Inc.
`
`83768722
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
