Case 1:14-cv-00949-GMS Document 1 Filed 07/17/14 Page 1 of 4 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ANTENNATECH, LLC,
`
`
`
`Plaintiff,
`
`
`v.
`
`
`
`MERCEDES-BENZ USA, LLC
`
`
`
`Defendant.
`
`
`
`)
`)
`)
`)
`) Civil Action No. _______________
`)
`) JURY TRIAL DEMANDED
`)
`)
`)
`
`For its Complaint, Antennatech, LLC ("Antennatech"), by and through the undersigned
`
`COMPLAINT
`
`counsel, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Antennatech is a Delaware limited liability company with a place of business
`
`located at 3131 McKinney Ave, Suite 600, Dallas, Texas 75204.
`
`2.
`
`Defendant Mercedes-Benz USA, LLC is a Delaware limited liability company
`
`with, upon information and belief, a place of business at One Mercedes Drive, Montvale, New
`
`Jersey 07645.
`
`3.
`
`Defendant Mercedes-Benz U.S. International is an Alabama corporation, with,
`
`upon information and belief, a place of business at One Mercedes Drive, Vance, Alabama 35490.
`
`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter
`
`jurisdiction
`
`is proper
`
`in
`
`this Court under 28 U.S.C.
`
`4.
`
`5.
`
`§§ 1331 and 1338.
`
`6.
`
`Upon information and belief, Defendant conducts substantial business in this
`
`forum, directly or through intermediaries, including: (i) at least a portion of the infringements
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ANTENNATECH, LLC,
`
`
`
`Plaintiff,
`
`
`v.
`
`
`
`MERCEDES-BENZ USA, LLC
`
`
`
`Defendant.
`
`
`
`)
`)
`)
`)
`) Civil Action No. _______________
`)
`) JURY TRIAL DEMANDED
`)
`)
`)
`
`For its Complaint, Antennatech, LLC ("Antennatech"), by and through the undersigned
`
`COMPLAINT
`
`counsel, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Antennatech is a Delaware limited liability company with a place of business
`
`located at 3131 McKinney Ave, Suite 600, Dallas, Texas 75204.
`
`2.
`
`Defendant Mercedes-Benz USA, LLC is a Delaware limited liability company
`
`with, upon information and belief, a place of business at One Mercedes Drive, Montvale, New
`
`Jersey 07645.
`
`3.
`
`Defendant Mercedes-Benz U.S. International is an Alabama corporation, with,
`
`upon information and belief, a place of business at One Mercedes Drive, Vance, Alabama 35490.
`
`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter
`
`jurisdiction
`
`is proper
`
`in
`
`this Court under 28 U.S.C.
`
`4.
`
`5.
`
`§§ 1331 and 1338.
`
`6.
`
`Upon information and belief, Defendant conducts substantial business in this
`
`forum, directly or through intermediaries, including: (i) at least a portion of the infringements
`
`
`
`Case 1:14-cv-00949-GMS Document 1 Filed 07/17/14 Page 2 of 4 PageID #: 2
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`alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
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`of conduct and/or deriving substantial revenue from goods and services provided to individuals
`
`in this district.
`
`7.
`
`Venue is proper in this district pursuant to §§ 1391(b), (c) and 1400(b).
`
`THE PATENT-IN-SUIT
`
`8.
`
`On May 15, 2012, United States Patent No. 8,180,279 (the "'279 patent"), entitled
`
`"Wireless Hotspot Arrangement" was duly and lawfully issued by the U.S. Patent and Trademark
`
`Office. A true and correct copy of the '279 patent is attached hereto as Exhibit A.
`
`9.
`
`Antennatech is the assignee and owner of the right, title and interest in and to the
`
`'279 patent, including the right to assert all causes of action arising under said patent and the
`
`right to any remedies for infringement of it.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,180,279
`
`10.
`
`Antennatech repeats and realleges the allegations of paragraphs 1 through 9 as if
`
`fully set forth herein.
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`11. Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant
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`has infringed and continues to infringe at least claim 6 of the '279 patent by making, using,
`
`offering for sale, and/or selling within this district and elsewhere in the United States and/or
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`importing into this district and elsewhere in the United States, products or services, including,
`
`but not limited to, Mercedes-Benz vehicles including an In-Vehicle Hotspot, that, among other
`
`features, connect a personal electronic communication device to a communication network using
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`a radio frequency ("RF") antenna arranged for use inside an automobile to transmit and receive
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`RF signals from a personal electronic communication device and a second RF antenna arranged
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`for use inside an automobile to transmit and receive RF signals to and from communications
`
`2
`
`
`
`
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`Case 1:14-cv-00949-GMS Document 1 Filed 07/17/14 Page 3 of 4 PageID #: 3
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`networks outside an automobile and a transmission line between the two RF antennas and a
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`monitor and control computer to monitor and control the communication between the personal
`
`electronic communication device and the communication network.
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`12.
`
`Antennatech is entitled to recover from Defendant the damages sustained by
`
`Antennatech as a result of Defendant's infringement of the '279 patent in an amount subject to
`
`proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
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`JURY DEMAND
`
`Antennatech hereby demands a trial by jury on all issues so triable.
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`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Antennatech requests that this Court enter judgment against Defendant
`
`as follows:
`
`A.
`
`B.
`
`An adjudication that Defendant has infringed the '279 patent;
`
`An award of damages to be paid by Defendant adequate to compensate
`
`Antennatech for Defendant's past infringement of the '279 patent and any continuing or future
`
`infringement through the date such judgment is entered, including interest, costs, expenses and
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`an accounting of all infringing acts including, but not limited to, those acts not presented at trial;
`
`C.
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`A declaration that this case is exceptional under 35 U.S.C. § 285 and an award of
`
`Antennatech's reasonable attorneys' fees; and
`
`D.
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`An award to Antennatech of such further relief at law or in equity as the Court
`
`deems just and proper.
`
`
`
`3
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`Case 1:14-cv-00949-GMS Document 1 Filed 07/17/14 Page 4 of 4 PageID #: 4
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`
`
`STAMOULIS & WEINBLATT LLC
`
`
`
`/s/ Richard C. Weinblatt
`Richard C. Weinblatt #5080
`weinblatt@swdelaw.com
`Stamatios Stamoulis #4606
`stamoulis@swdelaw.com
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`Telephone: (302) 999-1540
`Facsimile: (302) 762-1688
`
`Attorneys for Plaintiff
`Antennatech, LLC
`
`Dated: July 17, 2014
`
`
`
`4
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