Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 1 of 9 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`Case No. 6:14-cv-678
`
`Jury Trial
`
`TracBeam, LLC,
`
`
`
`Plaintiff,
`
`
`
`
`
`v.
`
`T-Mobile US, Inc., and
`T-Mobile USA, Inc.,
`
`
`
`Defendants.
`
`Complaint for Patent Infringement
`
`Plaintiff TracBeam, LLC files suit against Defendants T-Mobile US, Inc. and T-Mobile
`
`
`
`
`
`USA, Inc. and alleges the following on information and belief.
`
`
`
`
`
`Introduction
`
`1.
`
`Plaintiff TracBeam owns the inventions described and claimed in the following
`
`United States Patents:
`
`• US Patent No. 8,032,153, entitled “Multiple Location Estimators
`for Wireless Location” (the ‘153 patent);
`
`
`
`• US Patent No. 7,764,231, entitled “Wireless Location Using Multiple
`Mobile Station Location Techniques” (the ‘231 patent);
`
`• US Patent No. 7,525,484, entitled “Gateway and Hybrid Solutions
`for Wireless Location” (the ‘484 patent); and
`
`• US Patent No. 7,298,327, entitled “Geographic Location Using
`Multiple Location Estimators” (the ‘327 patent).
`
`
`
`2.
`
`Defendants have used and continue to use Plaintiff’s patented technology in
`
`products and services that they make, use, import, sell, and offer to sell. TracBeam seeks
`
`damages for patent infringement and an injunction preventing Defendants from making, using,
`
`selling, or offering to sell products and services claimed by the asserted patents without
`
`Plaintiff’s permission.
`
`
`
`Page 1 of 9
`
`Exhibit 2003
`T-Mobile et al. v. TracBeam, LLC
`IPR2016-00728
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`Case No. 6:14-cv-678
`
`Jury Trial
`
`TracBeam, LLC,
`
`
`
`Plaintiff,
`
`
`
`
`
`v.
`
`T-Mobile US, Inc., and
`T-Mobile USA, Inc.,
`
`
`
`Defendants.
`
`Complaint for Patent Infringement
`
`Plaintiff TracBeam, LLC files suit against Defendants T-Mobile US, Inc. and T-Mobile
`
`
`
`
`
`USA, Inc. and alleges the following on information and belief.
`
`
`
`
`
`Introduction
`
`1.
`
`Plaintiff TracBeam owns the inventions described and claimed in the following
`
`United States Patents:
`
`• US Patent No. 8,032,153, entitled “Multiple Location Estimators
`for Wireless Location” (the ‘153 patent);
`
`
`
`• US Patent No. 7,764,231, entitled “Wireless Location Using Multiple
`Mobile Station Location Techniques” (the ‘231 patent);
`
`• US Patent No. 7,525,484, entitled “Gateway and Hybrid Solutions
`for Wireless Location” (the ‘484 patent); and
`
`• US Patent No. 7,298,327, entitled “Geographic Location Using
`Multiple Location Estimators” (the ‘327 patent).
`
`
`
`2.
`
`Defendants have used and continue to use Plaintiff’s patented technology in
`
`products and services that they make, use, import, sell, and offer to sell. TracBeam seeks
`
`damages for patent infringement and an injunction preventing Defendants from making, using,
`
`selling, or offering to sell products and services claimed by the asserted patents without
`
`Plaintiff’s permission.
`
`
`
`Page 1 of 9
`
`Exhibit 2003
`T-Mobile et al. v. TracBeam, LLC
`IPR2016-00728
`
`
`
`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 2 of 9 PageID #: 2
`
`
`
`
`
`Plaintiff TracBeam
`
`3.
`
`Plaintiff TracBeam is an inventor-owned company that has been awarded
`
`numerous patents relating to fundamental innovations in wireless location technology for use in
`
`emergency, enterprise, and consumer settings. TracBeam is a limited liability company
`
`organized and existing under the laws of the State of Colorado.
`
`
`
`
`
`Defendants
`
`4.
`
`T-Mobile US, Inc. is a Delaware corporation with a principal place of business in
`
`Bellevue, Washington and facilities and operations of relevance located throughout the country.
`
`T-Mobile US, Inc. was previously named MetroPCS Communications, Inc.1 MetroPCS
`
`Communications, Inc. was a named Defendant in TracBeam, LLC v. AT&T, Inc., et al., case no.
`
`6:11-cv-96 (LED) (E.D. Tex.) and was, by agreement, dismissed without prejudice on June 17,
`
`2013, with the express understanding that TracBeam’s claims against MetroPCS in that action
`
`would later be re-asserted following resolution of the claims against co-defendants AT&T
`
`Mobility and Cellco Partnership.
`
`
`
`5.
`
`T-Mobile USA, Inc. is a Delaware corporation with a principal place of business
`
`in Bellevue, Washington and facilities and operations of relevance located throughout the
`
`country. T-Mobile USA, Inc. is a wholly owned subsidiary of T-Mobile US, Inc. MetroPCS
`
`Wireless, Inc. was merged with and into T-Mobile USA, Inc.2 MetroPCS Wireless, Inc. was also
`
`a named Defendant in TracBeam, LLC v. AT&T, Inc., et al. and was similarly dismissed without
`
`prejudice on June 17, 2013. Defendants T-Mobile US, Inc. and T-Mobile USA, Inc. are
`
`collectively referred to below as “T-Mobile.”
`
`
`
`
`1 MetroPCS’s Amended Rule 7.1 Disclosure Statement filed May 30, 2013. TracBeam, LLC v. AT&T, Inc., et al.,
`case no. 6:11-cv-96 (LED) (E.D. Tex.), dkt. 386 at 1.
`2 Id.
`
`2
`
`Page 2 of 9
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`
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 3 of 9 PageID #: 3
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`
`
`
`
`The Asserted Patents
`
`6.
`
`The United States Patent and Trademark Office issued the ‘153 patent on October
`
`4, 2011 (exhibit A); the ‘231 patent (exhibit B) on July 27, 2010; the ‘484 patent (exhibit C) on
`
`April 28, 2009; and the ‘327 patent (exhibit D) on November 20, 2007. Plaintiff TracBeam is
`
`the owner of all right, title, and interest in the patents, including all rights to pursue and collect
`
`damages for infringement of the patents.
`
`
`
`
`
`Jurisdiction and Venue
`
`7.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 271 and 281, et seq. The Court has original jurisdiction over this
`
`patent infringement action under 28 U.S.C. § 1338(a).
`
`
`
`8.
`
`Venue is proper in this district pursuant to 28 U.S.C. §1391(b) and §1400.
`
`Defendants have committed acts and continue to commit acts within this judicial district giving
`
`rise to this action. In addition, this Court has presided over other matters involving the asserted
`
`‘231 and ‘484 patents: TracBeam, LLC v. AT&T, Inc., et al., case no. 6:11-cv-96 (LED) and
`
`TracBeam, LLC v. Google Inc., case no. 6:13-cv-93 (LED).
`
`First Claim for Patent Infringement
`(‘153 patent)
`
`Plaintiff incorporates by reference each of the allegations in paragraphs 1-8 above
`
`
`
`9.
`
`and further alleges as follows.
`
`
`
`10.
`
`On October 4, 2011, the United States Patent and Trademark Office issued US
`
`Patent No. 8,032,153, which discloses and claims “Multiple Location Estimators for Wireless
`
`Location.” See also ‘153 Abstract (“A wireless location system is disclosed that may be
`
`configured as a gateway for receiving a plurality of requests for locating mobile stations for, e.g.,
`
`E911 requests, vehicle location or tracking.”).
`
`3
`
`Page 3 of 9
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 4 of 9 PageID #: 4
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`
`
`11.
`
`Plaintiff TracBeam is the owner of the ‘153 patent with full rights to pursue
`
`recovery of royalties or damages for infringement of the patent, including full rights to recover
`
`past and future damages.
`
`
`
`
`
`12.
`
`Each claim of the ‘153 patent is valid and enforceable.
`
`13.
`
`Defendants have directly infringed the ‘153 patent, and will continue to do so
`
`unless enjoined, by making, using, providing, selling, and offering for sale products and services
`
`that infringed the claims of the ‘153 patent, including Defendants’ (a) e911 location platforms
`
`and services and (b) commercial location based platforms and services. The foregoing
`
`allegations are made only with respect to the legacy MetroPCS network, products, and services.
`
`
`
`14.
`
`Plaintiff TracBeam has been damaged by Defendants’ infringement of the ‘153
`
`patent.
`
`
`
`
`
`15.
`
`Plaintiff demands trial by jury of all issues relating to this claim.
`
`16.
`
`Plaintiff reserves the right to amend to assert a claim of willful infringement if the
`
`evidence obtained in discovery supports such assertion.3
`
`Second Claim for Patent Infringement
`(‘231 patent)
`
`Plaintiff incorporates by reference each of the allegations in paragraphs 1-8 above
`
`
`
`17.
`
`and further alleges as follows.
`
`
`
`18.
`
`On July 27, 2010, the United States Patent and Trademark Office issued US
`
`Patent No. 7,764,231, which discloses and claims “Wireless Location Using Multiple Mobile
`
`Station Location Techniques.”
`
`
`
`19.
`
`Plaintiff TracBeam is the owner of the ‘231 patent with full rights to pursue
`
`recovery of royalties or damages for infringement of the patent, including full rights to recover
`
`
`3 Defendants were likely aware, at minimum, of the application that led to the issuance of the ‘154 patent
`(Application No. 12/014,092) since 2011 or earlier.
`
`4
`
`Page 4 of 9
`
`
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 5 of 9 PageID #: 5
`
`past and future damages.
`
`
`
`
`
`20.
`
`Each claim of the ‘231 patent is valid and enforceable.
`
`21.
`
`Defendants have directly infringed the ‘231 patent, and will continue to do so
`
`unless enjoined, by making, using, providing, selling, and offering for sale products and services
`
`that infringed the claims of the ‘231 patent, including Defendants’ (a) e911 location platforms
`
`and services and (b) commercial location based platforms and services. The foregoing
`
`allegations are made with respect to both the legacy MetroPCS and the T-Mobile networks,
`
`products, and services.
`
`
`
`22.
`
`Plaintiff TracBeam has been damaged by Defendants’ infringement of the ‘231
`
`patent.
`
`
`
`23.
`
`Defendants’ infringement of the ‘231 patent has been and continues to be willful.
`
`Defendants have had knowledge of the ‘231 patent since at least February 2011 when they
`
`received notice letters from TracBeam and also a result of TracBeam’s assertion of the ‘231
`
`patent against Defendants in TracBeam, LLC v. AT&T, Inc., et al., case no. 6:11-cv-96 (LED).
`
`Defendants have disregarded an objectively high likelihood that their actions infringe the ‘231
`
`patent. This risk has been known to Defendants or is otherwise so obvious that it should have
`
`been known to Defendants.
`
`
`
`
`
`24.
`
`Plaintiff demands trial by jury of all issues relating to this claim.
`
`Third Claim for Patent Infringement
`(‘484 patent)
`
`Plaintiff incorporates by reference each of the allegations in paragraphs 1-8 above
`
`25.
`
`and further alleges as follows.
`
`
`
`26.
`
`On April 28, 2009, the United States Patent and Trademark Office issued US
`
`Patent No. 7,525,484 which discloses and claims “Gateway and Hybrid Solutions for Wireless
`
`Location.”
`
`5
`
`Page 5 of 9
`
`
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 6 of 9 PageID #: 6
`
`
`
`27.
`
`Plaintiff TracBeam is the owner of the ‘484 patent with full rights to pursue
`
`recovery of royalties or damages for infringement of the patent, including full rights to recover
`
`past and future damages.
`
`
`
`
`
`28.
`
`Each claim of the ‘484 patent is valid and enforceable.
`
`29.
`
`Defendants have directly infringed the ‘484 patent, and will continue to do so
`
`unless enjoined, by making, using, providing, selling, and offering for sale products and services
`
`that infringed the claims of the ‘484 patent, including Defendants’ (a) e911 location platforms
`
`and services and (b) commercial location based platforms and services. The foregoing
`
`allegations are made only with respect to the T-Mobile networks, products, and services.
`
`
`
`30.
`
`Plaintiff TracBeam has been damaged by Defendants’ infringement of the ‘484
`
`patent.
`
`
`
`31.
`
`Defendants’ infringement of the ‘484 patent has been and continues to be willful.
`
`Defendants have had knowledge of the ‘484 patent since at least February 2011 when they
`
`received notice letters from TracBeam and also a result of TracBeam’s assertion of the ‘484
`
`patent against Defendants in TracBeam, LLC v. AT&T, Inc., et al., case no. 6:11-cv-96 (LED).
`
`Defendants have disregarded an objectively high likelihood that their actions infringe the ‘484
`
`patent. This risk has been known to Defendants or is otherwise so obvious that it should have
`
`been known to Defendants.
`
`
`
`
`
`32.
`
`Plaintiff demands trial by jury of all issues relating to this claim.
`
`Fourth Claim for Patent Infringement
`(‘327 patent)
`
`Plaintiff incorporates by reference each of the allegations in paragraphs 1-8 above
`
`33.
`
`and further alleges as follows.
`
`
`
`34.
`
`On November 20, 2007, the United States Patent and Trademark Office issued US
`
`Patent No. 7,298,327 which discloses and claims “Geographic Location Using Multiple Location
`
`6
`
`Page 6 of 9
`
`
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 7 of 9 PageID #: 7
`
`Estimators.”
`
`
`
`35.
`
`Plaintiff TracBeam is the owner of the ‘327 patent with full rights to pursue
`
`recovery of royalties or damages for infringement of the patent, including full rights to recover
`
`past and future damages.
`
`
`
`
`
`36.
`
`Each claim of the ‘327 patent is valid and enforceable.
`
`37.
`
`Defendants have directly infringed the ‘327 patent, and will continue to do so
`
`unless enjoined, by making, using, providing, selling, and offering for sale products and services
`
`that infringed the claims of the ‘327 patent, including Defendants’ (a) e911 location platforms
`
`and services and (b) commercial location based platforms and services. The foregoing
`
`allegations are made only with respect to the T-Mobile networks, products, and services.
`
`
`
`38.
`
`Plaintiff TracBeam has been damaged by Defendants’ infringement of the ‘327
`
`patent.
`
`
`
`
`
`39.
`
`Plaintiff demands trial by jury of all issues relating to this claim.
`
`40.
`
`Plaintiff reserves the right to amend to assert a claim of willful infringement if the
`
`evidence obtained in discovery supports such assertion.4
`
`Prayer for Relief
`
`WHEREFORE, Plaintiff prays for judgment as follows:
`
`A.
`
`A judgment in favor of Plaintiff that Defendants have infringed each of the four
`
`asserted patents and that the patents are valid and enforceable;
`
`B.
`
`A judgment that Defendants have willfully infringed the ‘231 and ‘484 patents;
`
`C.
`
`A decree preliminarily and permanently enjoining Defendants as well as their
`
`officers, directors, employees, agents, and all persons in active concert with them,
`
`from infringing the asserted patents;
`
`4 Defendants were likely aware, at minimum, of the application that led to the issuance of the ‘327 patent
`(Application No. 10/262,413) since 2011 or earlier.
`
`7
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`Page 7 of 9
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 8 of 9 PageID #: 8
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`D.
`
`A judgment and order requiring Defendants to pay Plaintiff compensatory
`
`damages, costs, expenses, and pre- and post-judgment interest for Defendants’
`
`infringement of the asserted patents, as provided under 35 U.S.C. §284;
`
`E.
`
`A judgment and order finding that this patent infringement case is exceptional
`
`within the meaning of 35 U.S.C. §285 and awarding Plaintiff its reasonable
`
`attorneys’ fees and costs; and
`
`Any and all other relief to which Plaintiff may be entitled.
`
`F.
`
`
`
`Dated: August 8, 2014
`
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`Respectfully submitted,
`
`
`
`By: /s/ Elizabeth L. DeRieux
`John Jeffrey Eichmann
`CA State Bar No. 227472
`(Admitted to practice in the Eastern
`District of Texas)
`DOVEL & LUNER, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Facsimile: 310-657-7069
`jeff@dovel.com
`
`S. Calvin Capshaw
`State Bar No. 03783900
`Elizabeth L. DeRieux
`State Bar No. 05770585
`CAPSHAW DERIEUX, LLP
`114 E. Commerce
`Gladewater, Texas 75647
`Telephone: (903) 236-9800
`Facsimile: (903) 236-8787
`Email: capshaw@capshawlaw.com
`Email: ederieux@capshawlaw.com
`
`Robert M. Parker
`State Bar No. 15498000
`Robert Christopher Bunt
`State Bar No. 00787165
`Charles Ainsworth
`State Bar No. 00783521
`
`8
`
`Page 8 of 9
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`
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`Case 6:14-cv-00678 Document 1 Filed 08/08/14 Page 9 of 9 PageID #: 9
`
`PARKER, BUNT &
`AINSWORTH PC
`100 East Ferguson, Ste. 1114
`Tyler, TX 75702
`Telephone: (903) 531-3535
`Facsimile: (903) 533-9687
`Email: rmparker@pbatyler.com
`Email: rcbunt@pbatyler.com
`Email: charley@pbatyler.com
`
`ATTORNEYS FOR PLAINTIFF
`TRACBEAM, LLC
`
`
`
`
`
`9
`
`Page 9 of 9
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