Case 1:13-cv-00276-LPS Document 1 Filed 02/19/13 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`
`911 NOTIFY, LLC,
`
`
`v.
`
`
`INTRADO, INC.,
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff,
`
`
`Defendant.
`
`
`
`
`
`C.A. No. _____________
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`JURY TRIAL DEMANDED
`
`
`
`This is an action for patent infringement in which Plaintiff 911 Notify, LLC (“911
`
`Notify”) makes the following allegations against Defendant Intrado, Inc. (“Defendant”):
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`PARTIES
`
`1.
`
`911 Notify, LLC is a Delaware limited liability company with a registered address
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`of 903 S. College Ave., Box 275, Newark, Delaware 19715.
`
`2.
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`On information and belief, Defendant is a Delaware corporation with its principal
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`place of business at 1601 Dry Creek Dr., Longmont, CO 80503. Defendant has appointed The
`
`Corporation Trust Company, Corporation Trust Center 1209 Orange Street, Wilmington,
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`Delaware 19801, as its agent for service of process.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, 35 U.S.C. § 1, et
`
`seq., including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
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`4.
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`This Court has personal jurisdiction over Defendant because, among other
`
`reasons, Defendant has done business in this District, has committed and continues to commit
`
`acts of patent infringement in this District, and has harmed and continues to harm 911 Notify in
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`
`
`Intrado Ex. 1036 - 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`911 NOTIFY, LLC,
`
`
`v.
`
`
`INTRADO, INC.,
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff,
`
`
`Defendant.
`
`
`
`
`
`C.A. No. _____________
`
`JURY TRIAL DEMANDED
`
`
`
`This is an action for patent infringement in which Plaintiff 911 Notify, LLC (“911
`
`Notify”) makes the following allegations against Defendant Intrado, Inc. (“Defendant”):
`
`PARTIES
`
`1.
`
`911 Notify, LLC is a Delaware limited liability company with a registered address
`
`of 903 S. College Ave., Box 275, Newark, Delaware 19715.
`
`2.
`
`On information and belief, Defendant is a Delaware corporation with its principal
`
`place of business at 1601 Dry Creek Dr., Longmont, CO 80503. Defendant has appointed The
`
`Corporation Trust Company, Corporation Trust Center 1209 Orange Street, Wilmington,
`
`Delaware 19801, as its agent for service of process.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1, et
`
`seq., including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Defendant because, among other
`
`reasons, Defendant has done business in this District, has committed and continues to commit
`
`acts of patent infringement in this District, and has harmed and continues to harm 911 Notify in
`
`
`
`Intrado Ex. 1036 - 1
`
`
`
`Case 1:13-cv-00276-LPS Document 1 Filed 02/19/13 Page 2 of 5 PageID #: 2
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`
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`this District, by, among other things, using, selling, offering for sale, and importing infringing
`
`products and services in this District.
`
`5.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
`
`because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
`
`committed and continues to commit acts of patent infringement in this District. On information
`
`and belief, for example, Defendant has used, sold, offered for sale, and imported infringing
`
`products in this District.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 6,775,356
`
`911 Notify is the owner by assignment of United States Patent No. 6,775,356 to
`
`6.
`
`Angelo Salvucci, Don E. Reich, Kurt E. Warner, and William C. Cook, (the “’356 Patent”),
`
`entitled “Real-Time Incident and Response Information Messaging in a System for the
`
`Automatic Notification that an Emergency Call has Occurred from a Telecommunication
`
`Device.” The application for the ‘356 Patent was filed on September 27, 2001, and is a
`
`continuation-in-part of United States Patent Application No. 09/712,660, filed on November 30,
`
`2000. The ‘356 Patent issued on August 10, 2004. A true and correct copy of the ‘356 Patent is
`
`attached as Exhibit A.
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`7.
`
`Defendant has infringed and is still infringing the ‘356 Patent, in this judicial
`
`District and elsewhere in the United States, by, among other things, making, using, importing,
`
`offering for sale, and/or selling products and services that embody the patented inventions, and
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`will continue to do so unless enjoined by this Court. Defendant offers a portfolio of data services
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`for public safety answering points that include functionality that provides notification to
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`identified parties that an emergency call to an emergency service has been made from a
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`subscriber. Such data services include, for example, Defendant’s A9-1-1 Telematics, A9-1-1
`
`
`
`2
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`Intrado Ex. 1036 - 2
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`
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`Case 1:13-cv-00276-LPS Document 1 Filed 02/19/13 Page 3 of 5 PageID #: 3
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`
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`Alerts, A9-1-1 Medical, A9-1-1 Address Intelligence, Family Finder, and 911 Link Mobile,
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`which data services Defendant’s website describes as being sold individually or as part of a
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`bundle. These data services operate to, under certain circumstances, place a call to an emergency
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`service provider, and disclose to emergency services real-time data such as incident data, and
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`other data collected from the vicinity of the incident, which is collected between the time of the
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`emergency call and the initiation of a response. In addition, upon receiving the emergency call,
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`the system may fetch a subscriber record containing indicia corresponding to identified parties
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`from a subscriber database, and activate a message response system that initiates notification of
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`the identified parties, including, for example, family members.
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`8.
`
`By engaging in the conduct described herein, Defendant has injured 911 Notify
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`and is thus liable for infringement of the ‘356 Patent pursuant to 35 U.S.C. § 271.
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`9.
`
`Defendant has committed these acts of infringement without license or
`
`authorization.
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`10.
`
`As a result of Defendant’s infringement of the ‘356 Patent, 911 Notify has
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`suffered monetary damages and is entitled to a money judgment in an amount adequate to
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`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
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`use made of the invention by Defendant, together with interest and costs as fixed by the Court.
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`11.
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`911 Notify has also suffered and will continue to suffer severe and irreparable
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`harm unless this Court enjoins Defendant, its agents, servants, employees, representatives, and
`
`all others acting in active concert therewith from infringing the ‘356 Patent.
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`PRAYER FOR RELIEF
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`911 Notify respectfully requests that this Court enter:
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`A.
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`A judgment in favor of 911 Notify that Defendant has infringed the ‘356 Patent;
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`3
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`
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`Intrado Ex. 1036 - 3
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`
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`Case 1:13-cv-00276-LPS Document 1 Filed 02/19/13 Page 4 of 5 PageID #: 4
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`B.
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`A permanent injunction enjoining Defendant and its officers, directors, agents,
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`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
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`others acting in active concert therewith from infringement of the ‘356 Patent, or
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`such other equitable relief the Court determines is warranted;
`
`C.
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`A judgment and order requiring Defendant to pay 911 Notify its damages, costs,
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`expenses, and prejudgment and post-judgment
`
`interest
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`for Defendant’s
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`infringement of the ‘356 Patent as provided under 35 U.S.C. § 284;
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`D.
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`A judgment and order finding that this is an exceptional case within the meaning
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`of 35 U.S.C. § 285 and awarding to 911 Notify its reasonable attorneys’ fees
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`against Defendant;
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`E.
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`A judgment and order requiring Defendant to provide an accounting and to pay
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`supplemental damages to 911 Notify, including without limitation, pre-judgment
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`and post-judgment interest; and
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`F.
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`Any and all other relief to which 911 Notify may be entitled.
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`
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`4
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`Intrado Ex. 1036 - 4
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`
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`Case 1:13-cv-00276-LPS Document 1 Filed 02/19/13 Page 5 of 5 PageID #: 5
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`
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`DEMAND FOR JURY TRIAL
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`911 Notify, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury
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`of any issues so triable by right.
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`Dated: February 19, 2013
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`OF COUNSEL:
`
`Benjamin T. Wang
`Marc A. Fenster
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`(310) 826-7474
`bwang@raklaw.com
`mfenster@raklaw.com
`
`BAYARD, P.A.
`
`/s/ Richard D. Kirk
`Richard D. Kirk (#0922)
`Stephen B. Brauerman (#4952)
`Vanessa R. Tiradentes (#5398)
`222 Delaware Avenue, Suite 900
`P.O. Box 25130
`Wilmington, DE 19899
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@bayardlaw.com
`
`Attorneys for Plaintiff 911 Notify, LLC
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`
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`5
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`Intrado Ex. 1036 - 5
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