Case 1:14-cv-00346-SLR Document 1 Filed 03/18/14 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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`SPEED MONITORING TECHNOLOGIES LLC
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`Plaintiff,
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`-against-
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`VOLVO CARS OF NORTH AMERICA, LLC
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`Defendant.
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`Civil Action No.:
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`JURY TRIAL DEMANDED
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`
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`COMPLAINT FOR PATENT INFRIGEMENT
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`Plaintiff Speed Monitoring Technologies LLC (“SMT”), as and for its Complaint
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`against Defendant Volvo Cars of North America, LLC (“Volvo”), hereby alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action under the patent laws of the United States, 35 U.S.C. §§ 1, et
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`seq., for infringement by Volvo of claims of U.S. Patent No. 7,389,198.
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`PARTIES
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`2.
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`Plaintiff SMT is a limited liability company organized and existing under the laws
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`of the State of Delaware, having its principal place of business at One Commerce Center –
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`1201 Orange St., #600, Wilmington, Delaware 19899.
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`3.
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`Upon information and belief, defendant Volvo is a limited liability company
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`organized and existing under the laws of the State of Delaware, having its principal place of
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`business at 1 Volvo Drive, Rockleigh, New Jersey 07647.
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`JURISDICTION AND VENUE
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`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`1
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`Petitioners Ex. 1007 Page 1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`SPEED MONITORING TECHNOLOGIES LLC
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`
`
`VOLVO CARS OF NORTH AMERICA, LLC
`
`Defendant.
`
`
`
`
`Civil Action No.:
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRIGEMENT
`
`Plaintiff Speed Monitoring Technologies LLC (“SMT”), as and for its Complaint
`
`against Defendant Volvo Cars of North America, LLC (“Volvo”), hereby alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action under the patent laws of the United States, 35 U.S.C. §§ 1, et
`
`seq., for infringement by Volvo of claims of U.S. Patent No. 7,389,198.
`
`PARTIES
`
`2.
`
`Plaintiff SMT is a limited liability company organized and existing under the laws
`
`of the State of Delaware, having its principal place of business at One Commerce Center –
`
`1201 Orange St., #600, Wilmington, Delaware 19899.
`
`3.
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`Upon information and belief, defendant Volvo is a limited liability company
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`organized and existing under the laws of the State of Delaware, having its principal place of
`
`business at 1 Volvo Drive, Rockleigh, New Jersey 07647.
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`JURISDICTION AND VENUE
`
`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`
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`1
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`Petitioners Ex. 1007 Page 1
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`Case 1:14-cv-00346-SLR Document 1 Filed 03/18/14 Page 2 of 5 PageID #: 2
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`5.
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`This Court has personal jurisdiction over Volvo because, inter alia, Volvo is a
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`Delaware limited liability company, Volvo has done and continues to do business in the State
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`of Delaware, and upon information and belief, Volvo has committed and continues to commit
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`acts of patent infringement in the State of Delaware.
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`6.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and
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`1400(b) because, inter alia, both Plaintiff SMT and Defendant Volvo are Delaware limited
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`liability companies, Plaintiff’s principal place of business is located in this judicial district, the
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`Patent-in-Suit is assigned to Plaintiff, Defendant is subject to personal jurisdiction in this
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`district, and, upon information and belief, Defendant has committed and continues to commit
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`acts of patent infringement in this district.
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`PATENTS-IN-SUIT
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`7.
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`On June 17, 2008, the United States Patent and Trademark Office duly and
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`lawfully issued U.S. Patent No. 7,389,198 (the “’198 Patent” or the “Patent-in-Suit”), entitled
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`“Land Vehicle Speed Monitoring System,” based upon an application filed by the inventor,
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`James C. Dimitriadis. A true and correct copy of the ’198 Patent is attached hereto as
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`Exhibit A.
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`8.
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`The ’198 Patent generally relates to a system for monitoring a land vehicle speed
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`relative to a speed limit.
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`9.
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`SMT is the owner of the ’198 Patent and has the right to sue and recover damages
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`for infringement thereof.
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`FACTUAL ALLEGATIONS
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`10.
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`As referred to in this Complaint, and consistent with 35 U.S.C. § 100 (c), the
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`“United States” means “the United States of America, its territories and possessions.”
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`2
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`Petitioners Ex. 1007 Page 2
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`Case 1:14-cv-00346-SLR Document 1 Filed 03/18/14 Page 3 of 5 PageID #: 3
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`11.
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`Upon information and belief, including based on the products identified on
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`Volvo’s websites and described in Volvo’s manuals, Volvo makes, imports, and sells products
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`made in accordance with the ’198 Patent, including, but not limited to Volvo vehicles
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`comprising the Road Sign Information and Navigation systems.
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`12.
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`Upon information and belief, including based on the products identified on
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`Volvo’s websites and described in Volvo’s manuals, vehicles comprising the Road Sign
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`Information and Navigation systems, as of the date of this Complaint, include the 2013 Volvo
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`S60, S80, XC60, and XC70 models; the 2014 Volvo S60, S80, XC60, and XC70 models; and
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`the 2015 Volvo V60 model.
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`COUNT I: INFRINGEMENT OF THE ’198 PATENT BY VOLVO
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`Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
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`Upon information and belief, defendant Volvo has infringed at least claims 1-2
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`13.
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`14.
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`and 7-11 of the ’198 Patent pursuant to 35 U.S.C. § 271 (a) by making, using, offering to sell,
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`and/or selling in the United States, and/or importing into the United States vehicles with Road
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`Sign Information and Navigation systems. Upon information and belief, Volvo’s infringement
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`pursuant to 35 U.S.C. § 271 (a) is ongoing.
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`15.
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`Upon information and belief, defendant Volvo has committed the foregoing
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`infringing activities without license from SMT.
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`16.
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`To the extent that facts learned in discovery show that Volvo’s infringement of
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`the ’198 Patent is or has been willful, SMT reserves the right to request such a finding at a later
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`time, including at the time of trial.
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`17.
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`As a result of Volvo’s infringement of the ’198 Patent, SMT has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate
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`3
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`Petitioners Ex. 1007 Page 3
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`Case 1:14-cv-00346-SLR Document 1 Filed 03/18/14 Page 4 of 5 PageID #: 4
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`for Volvo’s infringement, but in no event less than a reasonable royalty, together with interest
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`and costs.
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`PRAYER FOR RELIEF
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`WHEREFORE, SMT prays for judgment in its favor against Volvo granting SMT the
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`following relief:
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`A.
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`B.
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`C.
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`Entry of judgment in favor of SMT against Volvo on all counts;
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`Entry of judgment that Volvo has infringed the ’198 Patent;
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`Award of compensatory damages adequate to compensate SMT for Volvo’s
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`infringement of the ’198 Patent;
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`D.
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`SMT’s reasonable fees for expert witnesses and attorneys, as provided by 35
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`U.S.C. § 285;
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`E.
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`F.
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`G.
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`SMT’s costs;
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`Pre-judgment and post-judgment interest on SMT’s award; and
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`All such other and further relief as the Court deems just or equitable.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38 of the Fed. R. Civ. P., SMT hereby demands trial by jury in
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`this action of all claims so triable.
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`4
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`Petitioners Ex. 1007 Page 4
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`Case 1:14-cv-00346-SLR Document 1 Filed 03/18/14 Page 5 of 5 PageID #: 5
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`By: /s/ Brian E. Farnan
`Brian E. Farnan (#4089)
`919 North Market St.
`12th Floor
`Wilmington, DE 19801
`Tel. (302) 777-0300
`Fax (302) 777-0301
`bfarnan@farnanlaw.com
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`Attorneys for Plaintiff Speed Monitoring
`Technologies LLC.
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`Respectfully submitted,
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`Farnan LLP
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`Dated: March 18, 2014
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`Of Counsel for Plaintiff Speed Monitoring
`Technologies LLC:
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`Dmitriy Kheyfits
`dkheyfits@kheyfitsmaloney.com
`Michael James Maloney
`mmaloney@kheyfitsmaloney.com
`Kheyfits & Maloney LLP
`1140 Avenue of the Americas
`9th Floor
`New York, New York 10036
`Tel. (212) 203-5399
`Fax. (212) 203-6445
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`5
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`Petitioners Ex. 1007 Page 5
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