Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 1 of 9 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`COMPLAINT FOR PATENT INFRINGEMENT
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`
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`Civil Action No. ____________
`
`Judge Joan H. Lefkow
`
`
`ROSETTA-WIRELESS CORP., an Illinois
`Corporation,
`
`
`
`
`
`
`
`Plaintiff
`
`
`LG ELECTRONICS CO., a Foreign
`Corporation, and LG ELECTRONICS USA
`INC., a Delaware Corporation,
`
`
`
`v.
`
`
`
`
`
`Defendants.
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`
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`Plaintiff Rosetta-Wireless Corp. (“Rosetta” or “Plaintiff”) hereby alleges by way of
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`complaint against Defendants LG Electronics Co., and LG Electronics USA Inc., (collectively,
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`“Defendants”) as follows:
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`THE PARTIES
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`1.
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`Rosetta is a corporation organized and existing under the laws of Illinois.
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`Rosetta was founded in 2000 to develop and market novel solutions to consumers’ wireless
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`access problems. Rosetta has a principal place of business at 15522 Hawkhaven Road, Homer
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`Glen, IL 60441.
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`2.
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`Upon information and belief, Defendant LG Electronics Co. is a foreign
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`corporation having a place of business at LG Twin Towers 20, Yeouido dong,
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`Yeongdeungpo-gu, Seoul, Republic of Korea 150-721 with its United States headquarters at
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`10101 Old Grove Road, San Diego CA 92131. LG Electronics Co. does substantial business in
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`this judicial district including the marketing, sale, offering for sale, and importation of cellular
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`
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`1
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`ROSETTA-2012
`
`0001
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Civil Action No. ____________
`
`Judge Joan H. Lefkow
`
`
`ROSETTA-WIRELESS CORP., an Illinois
`Corporation,
`
`
`
`
`
`
`
`Plaintiff
`
`
`LG ELECTRONICS CO., a Foreign
`Corporation, and LG ELECTRONICS USA
`INC., a Delaware Corporation,
`
`
`
`v.
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`Plaintiff Rosetta-Wireless Corp. (“Rosetta” or “Plaintiff”) hereby alleges by way of
`
`complaint against Defendants LG Electronics Co., and LG Electronics USA Inc., (collectively,
`
`“Defendants”) as follows:
`
`THE PARTIES
`
`1.
`
`Rosetta is a corporation organized and existing under the laws of Illinois.
`
`Rosetta was founded in 2000 to develop and market novel solutions to consumers’ wireless
`
`access problems. Rosetta has a principal place of business at 15522 Hawkhaven Road, Homer
`
`Glen, IL 60441.
`
`2.
`
`Upon information and belief, Defendant LG Electronics Co. is a foreign
`
`corporation having a place of business at LG Twin Towers 20, Yeouido dong,
`
`Yeongdeungpo-gu, Seoul, Republic of Korea 150-721 with its United States headquarters at
`
`10101 Old Grove Road, San Diego CA 92131. LG Electronics Co. does substantial business in
`
`this judicial district including the marketing, sale, offering for sale, and importation of cellular
`
`
`
`1
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`ROSETTA-2012
`
`0001
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`
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`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 2 of 9 PageID #:2
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`telephone devices that are accused of patent infringement in this case.
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`3.
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`Upon information and belief, Defendant LG Electronics USA Inc. is a corporation
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`organized and existing under the laws of Delaware, having a principal place of business at 1000
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`Sylvan Avenue, Englewood Cliffs, NJ 07632. LG Electronics USA Inc. is registered to do
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`business in Illinois and can be served with process through its registered agent, United States
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`Corporation Co., at 801 Adlai Stevenson Drive, Springfield, IL 62703.
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`4.
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`LG Electronics Co. and LG Electronics USA Inc. are referred to collectively as
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`“LG.”
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`JURISDICTION AND VENUE
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`5.
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`The court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et
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`seq. Venue is proper in this federal district pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b) in
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`that each Defendant has done business in this District, has committed acts of infringement in this
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`District, and continues to commit acts of infringement in this District, entitling Plaintiff to relief.
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`INFRINGEMENT
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`6.
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`On December 12, 2006, United States Patent No. 7,149,511 (the “‘511 Patent”)
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`was issued for inventions titled “Wireless Intelligent Personal Server.” On January 10, 2012,
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`an Ex Parte Reexamination Certificate was issued regarding Claims 1 and 58 of the ’511 Patent.
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`Rosetta owns, and during all relevant times, has owned, all right, title and interest in the ’511
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`Patent, which is attached hereto as Exhibit A.
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`7.
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`Upon information and belief, Defendants have infringed directly and continue to
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`infringe directly the ’511 Patent. The infringing acts include, but are not limited to, the
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`manufacture, use, sale, or offer for sale within the United States, or the importation into the
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`2
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`ROSETTA-2012
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`0002
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`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 3 of 9 PageID #:3
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`United States of products that embody the patented invention, including the products listed for
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`each Defendant in the attached Exhibit B. Defendants are liable for infringement of the ’511
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`Patent pursuant to 35 U.S.C. § 271.
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`8.
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`The acts of infringement by Defendants have caused damage to Rosetta, and
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`Rosetta is entitled to recover from Defendants the damages sustained by Rosetta as a result of
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`Defendants’ wrongful acts in an amount subject to proof at trial. The infringement of Rosetta’s
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`exclusive rights under the ’511 Patent by Defendants has damaged and will continue to damage
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`Rosetta, causing irreparable harm, for which there is no adequate remedy at law, unless enjoined
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`by this Court.
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`9.
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`To the extent required, Rosetta has complied with 35 U.S.C. § 287(a). Rosetta
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`has never sold a product in the United States and is therefore not required itself to mark products,
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`nor has it licensed the ’511 Patent.
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`10. Upon information and belief, Defendants had knowledge of the ’511 Patent no
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`later than January 27, 2015, yet Defendants have continued to infringe said patent. The
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`infringement of the ’511 Patent by Defendants is willful, deliberate and unreasonable, and with
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`full knowledge of the patent, entitling Rosetta to increased damages under 35 U.S.C. § 284 and
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`to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
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`JURY DEMAND
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`11.
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`Plaintiff hereby demands a trial by jury on all issues.
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`PRAYER FOR RELIEF
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`
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`Wherefore, Rosetta requests entry of judgment in its favor and against Defendants as
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`follows:
`a) A declaration that Defendants, and each of them, have infringed and are infringing
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`
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`3
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`ROSETTA-2012
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`0003
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`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 4 of 9 PageID #:4
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`the ’511 Patent;
`b) An injunction against Defendants’ continuing infringement;
`c) An award of damages to Rosetta arising out of Defendants’ infringement of the ’511
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`Patent, including enhanced damages pursuant to 35 U.S.C. § 284, together with
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`prejudgment and post-judgment interest, in an amount according to proof;
`d) An award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise permitted
`
`by law; and
`e) Costs and other relief as the Court may deem just and proper.
`
`
`
`4
`
`
`
`
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`ROSETTA-2012
`
`0004
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`
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`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 5 of 9 PageID #:5
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`
`KOBRE & KIM LLP
`
`/s/ Michael Ng______________________
`Michael Ng (pro hac vice)
`Daniel A. Zaheer (pro hac vice)
`Michael C. Fasano (pro hac vice)
`Kobre & Kim LLP
`150 California, 19th Floor
`San Francisco, California 94111
`michael.ng@kobrekim.com
`daniel.zaheer@kobrekim.com
`michael.fasano@kobrekim.com
`(415) 582-4803
`
`STADHEIM & GREAR, LTD.
`
`Rolf O. Stadheim
`Kyle L. Harvey
`Robert M. Spalding
`Christopher H. St. Peter
`400 North Michigan Avenue, Suite 2200
`Chicago, Illinois 60611
`stadheim@stadheimgrear.com
`harvey@stadheimgrear.com
`spalding@stadheimgrear.com
`stpeter@stadheimgrear.com
`(312) 755-4400
`
`Attorneys for Plaintiff Rosetta-Wireless Corp.
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`
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`5
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`Date: November 24, 2015
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`ROSETTA-2012
`
`0005
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`
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`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 6 of 9 PageID #:6
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`UNITED STATES DISTRICT COURT FOR
`THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`ROSETTA-WIRELESS CORP., an Illinois
`Corporation,
`
`
`
`
`
`
`
`Plaintiff
`
`
`
`Civil Action No. ____________
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`LOCAL RULE 3.2 NOTIFICATION AS TO AFFILIATES
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`Pursuant to Local Rule of Civil Procedure 3.2, the undersigned counsel for
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`Rosetta-Wireless Corp. (a private non-governmental party) certifies that it does not have any
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`publicly held members.
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`
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`6
`
`
`
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`
`
`LG ELECTRONICS CO., a Foreign
`Corporation, and LG ELECTRONICS USA
`INC., a Delaware Corporation,
`
`v.
`
`
`
`Defendants.
`
`
`
`
`
`
`
`ROSETTA-2012
`
`0006
`
`
`
`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 7 of 9 PageID #:7
`
`
`KOBRE & KIM LLP
`
`/s/ Michael Ng______________________
`Michael Ng (pro hac vice)
`Daniel A. Zaheer (pro hac vice)
`Michael C. Fasano (pro hac vice)
`Kobre & Kim LLP
`150 California, 19th Floor
`San Francisco, California 94111
`michael.ng@kobrekim.com
`daniel.zaheer@kobrekim.com
`michael.fasano@kobrekim.com
`(415) 582-4803
`
`STADHEIM & GREAR, LTD.
`
`Rolf O. Stadheim
`Kyle L. Harvey
`Robert M. Spalding
`Christopher H. St. Peter
`400 North Michigan Avenue, Suite 2200
`Chicago, Illinois 60611
`stadheim@stadheimgrear.com
`harvey@stadheimgrear.com
`spalding@stadheimgrear.com
`stpeter@stadheimgrear.com
`(312) 755-4400
`
`Attorneys for Plaintiff Rosetta-Wireless Corp.
`
`
`
`
`
`7
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`Date: November 24, 2015
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`ROSETTA-2012
`
`0007
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`
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`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 8 of 9 PageID #:8
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`UNITED STATES DISTRICT COURT FOR
`THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`ROSETTA-WIRELESS CORP., an Illinois
`Corporation,
`
`
`
`
`
`
`
`Plaintiff
`
`
`
`Civil Action No. ____________
`
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`NOTICE OF CLAIMS INVOLVING PATENTS
`
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`Pursuant to Local Rule 3.4, the Plaintiffs hereby give notice that the complaint includes
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`claims for patent infringement and further provide the information required by 35 U.S.C. § 290.
`
`The names and addresses of the parties are: (1) Rosetta-Wireless Corporation, P.O. Box 6307
`
`Oakbrook Terrace, Illinois. The patent is U.S. Patent No. 7,149,511. The inventors on U.S.
`
`Patent No. 7,149,511 are Edward F. Bachner, III, John Major, and Xin Du.
`
`
`
`
`
`
`
`8
`
`
`
`
`
`
`LG ELECTRONICS CO., a Foreign
`Corporation, and LG ELECTRONICS USA
`INC., a Delaware Corporation,
`
`v.
`
`
`
`Defendants.
`
`
`
`
`
`
`
`ROSETTA-2012
`
`0008
`
`
`
`Case: 1:15-cv-10608 Document #: 1 Filed: 11/24/15 Page 9 of 9 PageID #:9
`
`
`KOBRE & KIM LLP
`
`/s/ Michael Ng______________________
`Michael Ng (pro hac vice)
`Daniel A. Zaheer (pro hac vice)
`Michael C. Fasano (pro hac vice)
`Kobre & Kim LLP
`150 California, 19th Floor
`San Francisco, California 94111
`michael.ng@kobrekim.com
`daniel.zaheer@kobrekim.com
`michael.fasano@kobrekim.com
`(415) 582-4803
`
`STADHEIM & GREAR, LTD.
`
`Rolf O. Stadheim
`Kyle L. Harvey
`Robert M. Spalding
`Christopher H. St. Peter
`400 North Michigan Avenue, Suite 2200
`Chicago, Illinois 60611
`stadheim@stadheimgrear.com
`harvey@stadheimgrear.com
`spalding@stadheimgrear.com
`stpeter@stadheimgrear.com
`(312) 755-4400
`
`Attorneys for Plaintiff Rosetta-Wireless Corp.
`
`
`
`9
`
`Date: November 24, 2015
`
`
`
`
`
`
`
`ROSETTA-2012
`
`0009
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