Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 1 of 20
`
`
`ANTON HANDAL (Bar No. 113812)
`anh@handal-law.com
`PAMELA C. CHALK (Bar No. 216411)
`pchalk@handal-law.com
`GABRIEL HEDRICK (Bar No. 220649)
`ghedrick@handal-law.com
`HANDAL & ASSOCIATES
`750 B Street, Suite 2510
`San Diego, California 92101
`Tel: 619.544.6400
`Fax: 619.696.0323
`Attorneys for Plaintiff
`e.Digital Corporation
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`DHB
`'14CV1579
`MMA
`Case No.
`
` COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`e.Digital Corporation,
`
`Plaintiff,
`v.
`
`Dropcam, Inc.
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Plaintiff e.Digital Corporation (“e.Digital” or “Plaintiff”), by and through its
`undersigned counsel, complains and alleges against Defendant Dropcam, Inc.
`(“Dropcam” or “Defendant”) as follows:
`NATURE OF THE ACTION
`This is a civil action for infringement of a patent arising under the
`1.
`laws of the United States relating to patents, 35 U.S.C. § 101, et seq., including,
`without limitation, 35 U.S.C. §§ 271, 281. Plaintiff e.Digital seeks a preliminary
`and permanent injunction and monetary damages for patent infringement.
`JURISDICTION AND VENUE
`This court has subject matter jurisdiction over this case for patent
`
`2.
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`COMPLAINT
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`Google Inc., Nest Labs, Inc., and Dropcam, Inc.
`GOOG 1014
`IPR of US Pat. No. 8,315,618
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 2 of 20
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`infringement under 28 U.S.C. §§ 1331 and 1338(a) and pursuant to the patent laws
`of the United States of America, 35 U.S.C. § 101, et seq.
`3.
`Venue properly lies within the Southern District of California
`pursuant to the provisions of 28 U.S.C. §§ 1391(b), (c), and (d) and 1400(b). On
`information and belief, Defendant conducts substantial business directly and/or
`through third parties or agents in this judicial district by selling and/or offering to
`sell the infringing products and/or by conducting other business in this judicial
`district. Furthermore, Plaintiff e.Digital is headquartered and has its principal
`place of business in this district, engages in business in this district, and has been
`harmed by Defendant’s conduct, business transactions and sales in this district.
`4.
`This Court has personal jurisdiction over Defendant because, on
`information and belief, Defendant transacts continuous and systematic business
`within the State of California and the Southern District of California. In addition,
`this Court has personal jurisdiction over the Defendant because, on information
`and belief, this lawsuit arises out of Defendant’s infringing activities, including,
`without limitation, the making, using, selling and/or offering to sell infringing
`products in the State of California and the Southern District of California. Finally,
`this Court has personal jurisdiction over Defendant because, on information and
`belief, Defendant has made, used, sold and/or offered for sale its infringing
`products and placed such infringing products in the stream of interstate commerce
`with the expectation that such infringing products would be made, used, sold
`and/or offered for sale within the State of California and the Southern District of
`California.
`5.
`Upon information and belief, certain of the products manufactured by
`or for Defendant have been and/or are currently sold and/or offered for sale at,
`among
`other
`places,
`the
`Dropcam
`website
`located
`at
`https://www.dropcam.com/store to consumers including, but not limited to,
`consumers located within the State of California, and County of San Diego.
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`COMPLAINT
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 3 of 20
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`PARTIES
`6.
`Plaintiff e.Digital is a Delaware corporation with its headquarters and
`principal place of business at 16870 West Bernardo Drive, Suite 120, San Diego,
`California 92127.
`7.
`Upon information and belief, Defendant Dropcam is a corporation
`registered and lawfully existing under the laws of the State of Delaware, with an
`office and principal place of business located at 301 Howard Street, 4th Floor, San
`Francisco, CA 94105.
`
`THE ACCUSED PRODUCTS
`8.
`The Defendant’s accused products for purposes of the asserted patents
`include but are not limited to the Dropcam and Dropcam Pro wireless camera
`systems, which include, without limitation, Defendant’s server and subscription
`services for remote monitoring and communication.
`9.
`By way of example, information about and demonstration videos
`showing how to infringe the asserted patents are posted by Dropcam on its
`website(s) at www.dropcam.com. The Defendant infringes the asserted patents as
`evidenced by its demonstrations of the accused products on its website at
`www.dropcam.com/live-demos. The Defendant advertises its infringing “Cloud
`Recording” services under at www.dropcam.com/cloud-recording.
`10. Dropcam also provides operating manuals, user or installation guides,
`knowledge base forums, instructional/informational videos on its website that
`instruct customers and end-users on how to purchase the Dropcam or Dropcam Pro
`cameras and set them up in conjunction with the Defendant’s servers. Among
`other things, the Defendant provides informational materials that lays out step-by-
`step instructions on how to set up an apparatus or system that infringes the asserted
`claims of the asserted patents on its website including but no limited to the website
`located
`at
`http://support.dropcam.com/entries/21661697-How-do-I-set-up-my-
`new-camera. Further, Defendant’s “Knowledge Base” contains detailed and
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 4 of 20
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`extensive instructions on how to use the accused products in an infringing manner
`at www.support.dropcam/forums.
`11. Plaintiff believes and thereupon alleges that Dropcam is aware that its
`customers and end-users are using the accused products in an infringing manner
`based on, among other things: 1) the discussions, questions, answers, and/or
`comments posted on
`its website
`and/or
`it Twitter website page
`(twitter.com/Dropcam) where Dropcam’s authorized agents, customers and/or end-
`users discuss and disclose the use of the accused products, a process which
`Dropcam knows infringes upon patent; and/or, 2) the fact that Dropcam
`encourages its customers and end-users to use the accused products in an
`infringing manner as set forth herein including but not limited to offering every
`purchaser of a Dropcam a free trial subscription to its cloud-based services.
`THE ASSERTED PATENTS
`12. On November 6, 2012, the United States and Trademark office, duly
`and legally issued United States Patent No. 8,306,514, entitled “System and
`Method for Managing Mobile Communications” (“the ’514 patent”). The patent’s
`named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
`the entire right, title and interest in and to the ’514 patent and vested with the right
`to bring this suit for damages and other relief. A true and correct copy of the ’514
`patent is attached hereto as Exhibit “A”.
`13. On November 13, 2012, the United States and Trademark office, duly
`and legally issued United States Patent No. 8,311,522, entitled “System and
`Method for Managing Mobile Communications” (“the ’522 patent”). The patent’s
`named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
`the entire right, title and interest in and to the ’522 patent and vested with the right
`to bring this suit for damages and other relief. A true and correct copy of the ’522
`patent is attached hereto as Exhibit “B”.
`14. On November 13, 2012, the United States and Trademark office, duly
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 5 of 20
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`and legally issued United States Patent No. 8,311,523, entitled “System and
`Method for Managing Mobile Communications” (“the ’523 patent”). The patent’s
`named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
`the entire right, title and interest in and to the ’523 patent and vested with the right
`to bring this suit for damages and other relief. A true and correct copy of the ’523
`patent is attached hereto as Exhibit “C”.
`15. On November 13, 2012, the United States and Trademark office, duly
`and legally issued United States Patent No. 8,311,524, entitled “System and
`Method for Managing Mobile Communications” (“the ’524 patent”). The patent’s
`named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
`the entire right, title and interest in and to the ’524 patent and vested with the right
`to bring this suit for damages and other relief. A true and correct copy of the ’524
`patent is attached hereto as Exhibit “D”.
`16. On November 20, 2012, the United States and Trademark office, duly
`and legally issued United States Patent No. 8,315,618, entitled “System and
`Method for Managing Mobile Communications” (“the ’618 patent”). The patent’s
`named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
`the entire right, title and interest in and to the ’618 patent and vested with the right
`to bring this suit for damages and other relief. A true and correct copy of the ’618
`patent is attached hereto as Exhibit “E”.
`17. On November 20, 2012, the United States and Trademark office, duly
`and legally issued United States Patent No. 8,315,619, entitled “System and
`Method for Managing Mobile Communications” (“the ’619 patent”). The patent’s
`named invertor is Patrick Nunally and Plaintiff e.Digital is assignee and owner of
`the entire right, title and interest in and to the ’619 patent and vested with the right
`to bring this suit for damages and other relief. A true and correct copy of the ’619
`patent is attached hereto as Exhibit “F”.
`COUNT ONE
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`COMPLAINT
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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 6 of 20
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`INFRINGEMENT OF THE ’514 PATENT BY DEFENDANT
`18. Plaintiff re-alleges and incorporates by reference each of the
`allegations set forth in paragraphs 1 through 17 above.
`19. Defendant has knowledge of infringement of the ’514 patent since at
`least the filing of this complaint.
`20. Upon information and belief, Defendant, without authority, (a) has
`knowingly directly infringed and continues to directly infringe the ’514 patent by
`making, using, offering to sell, selling within the United States, or importing into
`the United States, products that practice claims 1, 3, 4, 5, 6, 30, 32, and 33 of the
`’514 patent in violation of 35 U.S.C. § 271(a); (b) has induced and continues to
`induce infringement of claims 1, 3, 4, 5, 6, 30, 32, and 33 of the ’514 patent in
`violation of 35 U.S.C. § 271(b); and (c) has contributed and continues to contribute
`to the infringement of claims 1, 3, 4, 5, 6, 30, 32, and 33 of the ’514 patent in
`violation of 35 U.S.C. § 271(c).
`21. The accused products, alone or in combination with other products,
`directly or alternatively under the doctrine of equivalents practice each of the
`limitations of independent claims 1, 5, and 30 as well as dependent claims 3, 4, 6,
`32 and 33 of the ’514 patent in violation of 35 U.S.C. § 271(a).
`22. Defendant’s product literature, materials and instructional videos also
`advertise and encourage customers to use the accused product(s) for remote
`monitoring, which utilizes the devices described by the ’514 patent and in a
`manner Defendant knows infringes the patent.
`23. Upon information and belief, Defendant, in the United States, without
`authority, has actively induced and continues to actively induce infringement of
`claims 1, 3, 4, 5, 6, 30, 32 and 33 of the ’514 patent in violation of 35 U.S.C. §
`271(b). In particular, Plaintiff alleges that the claims of the ‘514 patent are
`directly infringed by Defendant in violation of 35 U.S.C. § 271(a) in the course of
`their normal use. Also, Defendant encourages others to directly infringe the claims
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`COMPLAINT
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 7 of 20
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`of the ’514 patent by among other things, advertising and promoting the sale and
`use of the accused products. Plaintiff also alleges that Defendant has knowingly
`induced and continues to induce infringement of the ‘514 patent by providing
`operating manuals, guides, instructional and /or informational videos and other
`materials designed to instruct others how to use the products in an infringing
`manner as more fully described herein.
`24. Upon information and belief, Defendant, without authority, has
`contributed and continues to contribute to the infringement of claims 1, 3, 4, 5, 6,
`30, 32, and 33 of the ’514 patent in violation of 35 U.S.C. § 271(c) by importing
`into the United States, selling and/or offering to sell within the United States
`accused products that it knows (a) infringe the aforementioned claims of the ‘514
`patent by embodying a System and Method for Managing Mobile Communications
`which includes but the Dropcam and Dropcam Pro wireless camera systems, and
`without limitation, Defendant’s server and subscription services for remote
`monitoring and communication as material components of the accused products,
`(b) which were made and/or especially adapted for use in the accused products, (c)
`which the Defendant knows to be especially adapted for use in infringing the ’514
`patent, and (d) are not staple articles of commerce suitable for substantial non-
`infringing use with respect to the ’514 patent.
`25. On information and belief, Defendant sells, ships or otherwise
`delivers the accused products in the United States with all the features required to
`infringe the asserted claims of the ’514 patent. On information and belief, these
`products are designed to practice the infringing features.
`26. Plaintiff has been irreparably harmed by these acts of infringement
`and has no adequate remedy at law. Upon information and belief, infringement of
`the ’514 patent is ongoing and will continue unless Defendant is enjoined from
`further infringement by the court.
`COUNT TWO
`
`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`COMPLAINT
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`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 8 of 20
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`INFRINGEMENT OF THE ’522 PATENT BY DEFENDANT
`27. Plaintiff re-alleges and incorporates by reference each of the
`allegations set forth in paragraphs 1 through 17 above.
`28. Defendant has knowledge of infringement of the ’522 patent since at
`least the filing of this complaint.
`29. Upon information and belief, Defendant, without authority, (a) has
`knowingly directly infringed and continues to directly infringe the ’522 patent by
`making, using, offering to sell, selling within the United States, or importing into
`the United States, products that practice claims 1, 3, 6, 17, 21, 24 and 25 of the
`’522 patent in violation of 35 U.S.C. § 271(a); (b) has induced and continues to
`induce infringement of claims 1, 3, , 6, 17, 21, 24 and 25 of the ’522 patent in
`violation of 35 U.S.C. § 271(b); and (c) has contributed and continues to contribute
`to the infringement of claims 1, 3, 6, 17, 21, 24 and 25 of the ’522 patent in
`violation of 35 U.S.C. § 271(c).
`30. The accused products, alone or in combination with other products,
`directly or alternatively under the doctrine of equivalents practice each of the
`limitations of independent claims 1 and 17 as well as dependent claims 3, 6, 21, 24
`and 25 of the ’522 patent in violation of 35 U.S.C. § 271(a).
`31. Defendant’s product literature, materials and instructional videos also
`advertise and encourage customers to use the accused product(s) for remote
`monitoring, which utilizes the devices described by the ’522 patent and in a
`manner Defendant knows infringes the patent.
`32. Upon information and belief, Defendant, in the United States, without
`authority, has also actively induced and continues to actively induce infringement
`of claims 1, 3, , 6, 17, 21, 24 and 25 of the ’522 patent in violation of 35 U.S.C. §
`271(b). In particular, Plaintiff alleges that the claims of the ‘522 patent are directly
`infringed by Defendant in violation of 35 U.S.C. § 271(a) in the course of their
`normal use. Also, Defendant encourages others to directly infringe the claims of
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`the ‘522 patent by among other things, advertising and promoting the sale and use
`of the accused products. Plaintiff also alleges that Defendant has knowingly
`induced and continues to induce infringement of the ‘522 patent by providing
`operating manuals, guides, instructional and /or informational videos and other
`materials designed to instruct others how to use the products in an infringing
`manner as more fully described herein.
`33. Upon information and belief, Defendant, without authority, has
`contributed and continues to contribute to the infringement of claims 1, 3, 6, 17,
`21, 24 and 25 of the ’522 patent in violation of 35 U.S.C. § 271(c) by importing
`into the United States, selling and/or offering to sell within the United States
`accused products that it knows (a) infringe the aforementioned claims of the ‘522
`patent by embodying a System and Method for Managing Mobile Communications
`which includes but the Dropcam and Dropcam Pro wireless camera systems, and
`without limitation, Defendant’s server and subscription services for remote
`monitoring and communication as material components of the accused products,
`(b) which were made and/or especially adapted for use in the accused products, (c)
`which the Defendant knows to be especially adapted for use in infringing the ’522
`patent, and (d) are not staple articles of commerce suitable for substantial non-
`infringing use with respect to the ’522 patent.
`34. On information and belief, Defendant sells, ships or otherwise
`delivers the accused products with all the features required to infringe the asserted
`claims of the ’522 patent. On information and belief, these products are designed
`to practice the infringing features.
`35. Plaintiff has been irreparably harmed by these acts of infringement
`and has no adequate remedy at law. Upon information and belief, infringement of
`the ’522 patent is ongoing and will continue unless Defendant is enjoined from
`further infringement by the court.
`COUNT THREE
`
`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`COMPLAINT
`
`-9-
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`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 10 of 20
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`INFRINGEMENT OF THE ’523 PATENT BY DEFENDANT
`36. Plaintiff re-alleges and incorporates by reference each of the
`allegations set forth in paragraphs 1 through 17 above.
`37. Defendant has knowledge of infringement of the ’523 patent since at
`least the filing of this complaint.
`38. Upon information and belief, Defendant, without authority, (a) has
`knowingly directly infringed and continues to directly infringe the ’523 patent by
`making, using, offering to sell, selling within the United States, or importing into
`the United States, products that practice claims 1, 3, 4, 6, 8, 9, 10, 19, 21, 23, 25
`and 26 of the ’523 patent in violation of 35 U.S.C. § 271(a); (b) has induced and
`continues to induce infringement of claims 1, 3, 4, 6, 8, 9, 10, 19, 21, 23, 25 and 26
`of the ’523 patent in violation of 35 U.S.C. § 271(b); and (c) has contributed and
`continues to contribute to the infringement of claims 1, 3, 4, 6, 8, 9, 10, 19, 21, 23,
`25 and 26 of the ’523 patent in violation of 35 U.S.C. § 271(c).
`39. The accused products, alone or in combination with other products,
`directly or alternatively under the doctrine of equivalents practice each of the
`limitations of independent claims 1 and 19 as well as dependent claims 3, 4, 6, 8, 9,
`10, 21, 23, 25 and 26 of the ’523 patent in violation of 35 U.S.C. § 271(a).
`40. Defendant’s product literature, materials and instructional videos also
`advertise and encourage customers to use the accused product(s) for remote
`monitoring, which utilizes the devices described by the ’523 patent and in a
`manner Defendant knows infringes the patent.
`41. Upon information and belief, Defendant, in the United States, without
`authority, has also actively induced and continues to actively induce infringement
`of claims 1, 3, 4, 6, 8, 9, 10, 19, 21, 23, 25 and 26 of the ’523 patent in violation of
`35 U.S.C. § 271(b). In particular, Plaintiff alleges that the claims of the ‘523
`patent are directly infringed by Defendant in violation of 35 U.S.C. § 271(a) in the
`course of their normal use. Also, Defendant encourages others to directly infringe
`
`COMPLAINT
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 11 of 20
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`the claims of the ’523 patent by among other things, advertising and promoting the
`sale and use of the accused products. Plaintiff also alleges that Defendant has
`knowingly induced and continues to induce infringement of the ‘523 patent by
`providing operating manuals, guides, instructional and /or informational videos and
`other materials designed to instruct others how to use the products in an infringing
`manner as more fully described herein.
`42. Upon information and belief, Defendant, without authority, has
`contributed and continues to contribute to the infringement of claims 1, 3, 4, 6, 8,
`9, 10, 19, 21, 23, 25 and 26 of the ’523 patent in violation of 35 U.S.C. § 271(c) by
`importing into the United States, selling and/or offering to sell within the United
`States accused products that it knows (a) infringe the aforementioned claims of the
`‘523 patent by embodying a System and Method for Managing Mobile
`Communications which includes but the Dropcam and Dropcam Pro wireless
`camera systems, and without limitation, Defendant’s server and subscription
`services for remote monitoring and communication as material components of the
`accused products, (b) which were made and/or especially adapted for use in the
`accused products, (c) which the Defendant knows to be especially adapted for use
`in infringing the ’523 patent, and (d) are not staple articles of commerce suitable
`for substantial non-infringing use with respect to the ’523 patent.
`43. On information and belief, Defendant sells, ships or otherwise
`delivers the accused products with all the features required to infringe the asserted
`claims of the ’523 patent. On information and belief, these products are designed
`to practice the infringing features.
`44. Plaintiff has been irreparably harmed by these acts of infringement
`and has no adequate remedy at law. Upon information and belief, infringement of
`the ’523 patent is ongoing and will continue unless Defendant is enjoined from
`further infringement by the court.
`COUNT FOUR
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`COMPLAINT
`
`-11-
`
`

`
`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 12 of 20
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`INFRINGEMENT OF THE ’524 PATENT BY DEFENDANT
`45. Plaintiff re-alleges and incorporates by reference each of the
`allegations set forth in paragraphs 1 through 17 above.
`46. Defendant has knowledge of infringement of the ’524 patent since at
`least the filing of this complaint.
`47. Upon information and belief, Defendant, without authority, (a) has
`knowingly directly infringed and continues to directly infringe the ’524 patent by
`making, using, offering to sell, selling within the United States, or importing into
`the United States, products that practice claims 1, 3, 4, 5, 7 and 9 of the ’524 patent
`in violation of 35 U.S.C. § 271(a); (b) has induced and continues to induce
`infringement of claims 1, 3, 4, 5, 7 and 9 of the ’524 patent in violation of 35
`U.S.C. § 271(b); and (c) has contributed and continues to contribute to the
`infringement of claims 1, 3, 4, 5, 7 and 9 of the ’524 patent in violation of 35
`U.S.C. § 271(c).
`48. The accused products, alone or in combination with other products,
`directly or alternatively under the doctrine of equivalents practice each of the
`limitations of independent claims 1 as well as dependent claims 3, 4, 5, 7 and 9 of
`the ’524 patent in violation of 35 U.S.C. § 271(a).
`49. Defendant’s product literature, materials and instructional videos also
`advertise and encourage customers to use the accused product(s) for remote
`monitoring, which utilizes the devices described by the ’524 patent and in a
`manner Defendant knows infringes the patent.
`50. Upon information and belief, Defendant, in the United States, without
`authority, has also actively induced and continues to actively induce infringement
`of claims 1, 3, 4, 5, 7 and 9 of the ’524 patent in violation of 35 U.S.C. § 271(b).
`In particular, Plaintiff alleges that the claims of the ‘524 patent are directly
`infringed by Defendant in violation of 35 U.S.C. § 271(a) in the course of their
`normal use. Also, Defendant encourages others to directly infringe the claims of
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`COMPLAINT
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

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`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 13 of 20
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`the ’524 patent by among other things, advertising and promoting the sale and use
`of the accused products. Plaintiff also alleges that Defendant has knowingly
`induced and continues to induce infringement of the ‘524 patent by providing
`operating manuals, guides, instructional and /or informational videos and other
`materials designed to instruct others how to use the products in an infringing
`manner as more fully described herein.
`51. Upon information and belief, Defendant, without authority, has
`contributed and continues to contribute to the infringement of claims 1, 3, 4, 5, 7
`and 9 of the ’524 patent in violation of 35 U.S.C. § 271(c) by importing into the
`United States, selling and/or offering to sell within the United States accused
`products that it knows (a) infringe the aforementioned claims of the ‘524 patent by
`embodying a System and Method for Managing Mobile Communications which
`includes but the Dropcam and Dropcam Pro wireless camera systems, and without
`limitation, Defendant’s server and subscription services for remote monitoring and
`communication as material components of the accused products, (b) which were
`made and/or especially adapted for use in the accused products, (c) which the
`Defendant knows to be especially adapted for use in infringing the ’524 patent, and
`(d) are not staple articles of commerce suitable for substantial non-infringing use
`with respect to the ’524 patent.
`52. On information and belief, Defendant sells, ships or otherwise
`delivers the accused products with all the features required to infringe the asserted
`claims of the ’524 patent. On information and belief, these products are designed
`to practice the infringing features.
`53. Plaintiff has been irreparably harmed by these acts of infringement
`and has no adequate remedy at law. Upon information and belief, infringement of
`the ’524 patent is ongoing and will continue unless Defendant is enjoined from
`further infringement by the court.
`COUNT FIVE
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`COMPLAINT
`
`-13-
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`

`
`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 14 of 20
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`INFRINGEMENT OF THE ’618 PATENT BY DEFENDANT
`54. Plaintiff re-alleges and incorporates by reference each of the
`allegations set forth in paragraphs 1 through 17 above.
`55. Defendant has knowledge of infringement of the ’618 patent since at
`least the filing of this complaint.
`56. Upon information and belief, Defendant, without authority, (a) has
`knowingly directly infringed and continues to directly infringe the ’618 patent by
`making, using, offering to sell, selling within the United States, or importing into
`the United States, products that practice claims 1, 3, 4, 15, 19, 20, 21, 22, 23, 24,
`and 25 of the ’618 patent in violation of 35 U.S.C. § 271(a); (b) has induced and
`continues to induce infringement of claims 1, 3, 4, 15, 19, 20 21, 22, 23, 24, and 25
`of the ’618 patent in violation of 35 U.S.C. § 271(b); and (c) has contributed and
`continues to contribute to the infringement of claims 1, 3, 4, 15, 19, 20 21, 22, 23,
`24, and 25 of the ’618 patent in violation of 35 U.S.C. § 271(c).
`57. The accused products, alone or in combination with other products,
`directly or alternatively under the doctrine of equivalents practice each of the
`limitations of independent claims 1, 15, and 20 as well as dependent claims 3, 4,
`19, 21, 23, 24, and 25 of the ’618 patent in violation of 35 U.S.C. § 271(a).
`58. Defendant’s product literature, materials and instructional videos also
`advertise and encourage customers to use the accused product(s) for remote
`monitoring, which utilizes the devices described by the ’618 patent and in a
`manner Defendant knows infringes the patent.
`59. Upon information and belief, Defendant, in the United States, without
`authority, has also actively induced and continues to actively induce infringement
`of claims 1, 3, 4, 15, 19, 20 21, 23, 24, and 25 of the ’618 patent in violation of 35
`U.S.C. § 271(b). In particular, Plaintiff alleges that the claims of the ‘618 patent
`are directly infringed by Defendant in violation of 35 U.S.C. § 271(a) in the course
`of their normal use. Also, Defendant encourages others to directly infringe the
`
`COMPLAINT
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`HANDAL & ASSOCIATES
`750 B STREET
`SUITE 2510
`SAN DIEGO, CA 92101
`TEL: 619.544.6400
`FAX: 619.696.0323
`
`

`
`Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 15 of 20
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`claims of the ’618 patent by among other things, a