Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 1 of 12 PageID# 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`WIRELESS COMMUNICATIONS
`MOBILE LLC,
`
`
`Plaintiff,
`
`v.
`
`FRONTPOINT SECURITY SOLUTIONS
`LLC,
`
`
`
`Defendants.
`
`
`
`
`CIVIL ACTION NO. _______
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`COMPLAINT
`
`
`
`
`
`
`Plaintiff Wireless Communications Mobile LLC (“Plaintiff”), by and through its
`
`attorneys, for its Complaint for patent infringement against Frontpoint Security Solutions LLC
`
`(“Defendant” or “FrontPoint”) and demanding trial by jury, hereby alleges as follows:
`
`I.
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from
`
`Defendant’s unauthorized use, sale, and offer to sell in the United States of products and/or
`
`systems that infringe Plaintiff’s United States patent, as described herein.
`
`2.
`
`Defendant manufactures, provides, uses, sells, offers for sale, imports, and/or
`
`distributes infringing products; and encourages others to use its products and services in an
`
`infringing manner.
`
`3.
`
`Plaintiff seeks past and future damages and prejudgment and post-judgment
`
`interest for Defendant’s infringement of U.S. Patent 9,125,079 (the “’079 patent”). A true and
`
`correct copy of the ’079 Patent is attached hereto as Exhibit A.
`
`1
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 2 of 12 PageID# 2
`
`II.
`
`PARTIES
`
`4.
`
`Plaintiff Wireless Communications Mobile LLC is a limited liability company
`
`organized and existing under the laws of Delaware. Its principal place of business is 200
`
`Continental Dr., Suite 401, Newark, DE 19713.
`
`5.
`
`On information and belief, Defendant is a limited liability company organized and
`
`existing under the laws of the State of Delaware with its principal place of business at 1595
`
`Spring Hill Road, Suite 110, Vienna, Virginia 22182. Defendant can be served with process at
`
`Capitol Corporate Services, Inc. at 10 South Jefferson St, Ste 1400, Roanoke, VA, 24011.
`
`6.
`
`On information and belief, Defendant’s instrumentalities that are alleged herein to
`
`infringe were and continue to be used, imported, offered for sale, and/or sold in this District.
`
`III.
`
`JURISDICTION AND VENUE
`
`7.
`
`This is an action for patent infringement which arises under the patent laws of the
`
`United States, in particular, 35 U.S.C. §§ 271, 281, 283, 284, and 285.
`
`8.
`
`This Court has exclusive jurisdiction over the subject matter of this action under
`
`28 U.S.C. §§ 1331 and 1338(a).
`
`9.
`
`On information and belief, Defendant is subject to this Court’s specific and
`
`general personal jurisdiction, pursuant to due process and the Virginia Long-Arm Statute, due at
`
`least to being incorporated in this judicial district, its business in this forum, including at least a
`
`portion of the infringements alleged herein.
`
`10.
`
`The Court has personal jurisdiction over Defendant because: Defendant is present
`
`within or has minimum contacts within the Commonwealth of Virginia and in this judicial
`
`district; Defendant has purposefully availed itself of the privileges of conducting business in the
`
`Commonwealth of Virginia and in this judicial district; Defendant has sought protection and
`
`2
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 3 of 12 PageID# 3
`
`benefit from the laws of the Commonwealth of Virginia; Defendant regularly conducts business
`
`within the Commonwealth of Virginia and in this judicial district; and Plaintiff’s cause of action
`
`arises directly from Defendant’s business contacts and other activities in the Commonwealth of
`
`Virginia and in this judicial district.
`
`11. More specifically, Defendant, directly and/or through intermediaries, ships,
`
`distributes, uses, offers for sale, sells, and/or advertises products and services in the
`
`Commonwealth of Virginia and in this judicial district including but not limited to the Accused
`
`Instrumentalities as detailed below. Upon information and belief, Defendant has committed
`
`patent infringement in the Commonwealth of Virginia and in this judicial district. Defendant
`
`solicits and has solicited customers in the Commonwealth of Virginia and in this judicial district.
`
`Defendant has paying customers who are residents of the Commonwealth of Virginia and in this
`
`judicial district who each use and have used the Defendants’ products and services.
`
`12.
`
`Venue is proper in the Virginia and in this judicial district pursuant to 28 U.S.C.
`
`§§ 1391 and 1400(b). On information and belief, Defendant has transacted business in this
`
`district, and has directly committed acts of patent infringement in this district.
`
`IV.
`
`FACTUAL BACKGROUND
`
`13.
`
`Plaintiff is the owner of the entire right, title, and interest of the ’079 patent,
`
`including the right to recover for past infringement, covering wireless monitoring device
`
`technologies used in various wireless monitoring products, including the ’079 patent.
`
`14.
`
`The ’079 patent, entitled “PROGRAMMABLE COMMUNICATOR,” was filed
`
`on Aug. 8, 2014 and issued on Sep.1,2015.
`
`15.
`
`The ’079 patent is a continuation of application No. 14/175,171, filed on Feb. 7,
`
`2014, now Pat. No. 8,872,624, which is a continuation of application No. 13/934,763, filed on
`
`3
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 4 of 12 PageID# 4
`
`Jul. 3, 2013, now Pat. No. 8,648,717, which is a continuation of application No. 13/801,773,
`
`filed on Mar. 13, 2013, now Pat. No. 8,542,111, which is a continuation of application No.
`
`12/538,603, filed on Aug. 10, 2009, now Pat. No. 8,094,010, which is a continuation of
`
`application No. 11/329,212, filed on Jan. 10, 2006, now Pat. No. 7,583,197, which is a
`
`continuation of application No. 10/296,571, filed as application No. PCT/EPOl/05738 on May
`
`18, 2001, now abandoned.
`
`V.
`
`COUNTS OF PATENT INFRINGEMENT
`
`16.
`
`Plaintiff alleges that Defendant has infringed and continues to infringe the ’079
`
`patent (the “Asserted Patent”).
`
`COUNT ONE
`INFRINGEMENT OF U.S. PATENT 9,125,079
`
`17.
`
`Plaintiff incorporates by reference the allegations in all preceding paragraphs as if
`
`fully set forth herein.
`
`18.
`
`The ’079 Patent provides a technical solution, by disclosing a technical data
`
`monitoring device establishing a wireless communication link with a programmable interface of
`
`a programmable cellular telephone comprising “a new and improved communicating apparatus
`
`to address the communication needs of children and elderly persons and for programmable data
`
`tags for monitoring the status of associated technical equipment.” ’079 Patent, Col. 9, Lns. 29 –
`
`33.
`
`Direct Infringement
`
`19.
`
`On information and belief, Defendant, without authorization or license from
`
`Plaintiff, has been and is presently directly infringing the ’079 Patent, either literally or
`
`equivalently, as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`(including for testing purposes), selling and offering for sale articles infringing one or more
`
`4
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 5 of 12 PageID# 5
`
`claims of the ’079 Patent. Defendant is thus liable for direct infringement pursuant to 35 U.S.C.
`
`§ 271(a). Exemplary infringing instrumentalities include the technical data monitoring devices
`
`described at https://shop.frontpointsecurity.com/products/hubkeypad.html (attached hereto as
`
`Exhibit B) (collectively the “FrontPoint Accused Instrumentalities”).
`
`20.
`
`On information and belief, the FrontPoint Accused Instrumentalities are a non-
`
`limiting example that meets all limitations of claim 1 of the ’079 Patent, either literally or
`
`equivalently.
`
`21.
`
`Claim 1 of the ’079 patent states:
`
`A technical data monitoring device for use with a wireless data monitoring
`
`network, the technical data monitoring device comprising:
`
`(a) a wireless communications circuit, the technical data monitoring device configured to
`establish a wireless communication link with a programmable interface of a
`programmable cellular telephone,
`
`(b) the technical data monitoring device configured to send and/or receive wireless packet
`switched data transmissions,
`
`(c) the technical data monitoring device having an associated status condition,
`
`(d) the technical data monitoring device configured to generate data and send data over
`the wireless communication link for processing by the programmable cellular telephone
`periodically or in response to instructions received in a wireless packet switched message
`from the programmable cellular telephone,
`
`(e) wherein the data from the technical data monitoring device is (1) sent to be processed
`and displayed by the programmable cellular telephone and/or (2) sent to be processed and
`forwarded by the programmable cellular telephone to an Internet website via one or more
`General Packet Radio Service (GPRS), or other wireless packet switched data messages,
`
`(f) wherein the technical data monitoring device is configured to form part of the wireless
`data monitoring network in communication with the programmable cellular telephone;
`and
`
`(g) at least one technical device or system, the at least one technical device or system
`being at least one selected from the group consisting of a pressure sensor, a heat sensor, a
`mechanical displacement sensor, a speed sensor, a temperature sensor, a sound threshold
`sensor, a movement sensor, an electrical power sensor, an infra-red radiation detector, a
`
`5
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 6 of 12 PageID# 6
`
`proximity detection sensor, a heart rate sensor, a water sensor, a location processing
`module, a GPS Global Positioning Systems module, a sensor for detecting any physical
`characteristic of the human skin, and a health monitoring system of one or more sensors,
`a sports performance monitoring system of one or more sensors, a domestic appliance
`monitoring system of one or more sensors, and a home security monitoring system of one
`or more sensors,
`
`(h) wherein the data sent by the technical data monitoring device represents at least one
`of pressure data, heat data, mechanical displacement data, speed data, temperature data,
`sound threshold data, movement data, electrical power data, infra-red radiation data,
`proximity detection data, heart rate data, body temperature data, health data, water
`detection data, location data, GPS data, sports performance data, domestic appliance data,
`and home security data.
`
`22.
`
`Specifically, Defendant sells a technical data monitoring device for use with a
`
`
`
`wireless data monitoring network. See e.g., https://shop.frontpointsecurity.com/products.html
`
`(attached hereto as Exhibit C) and Exhibit B (“A home security system is only as safe as the
`
`professional monitoring that stands behind it. That’s why we include it with every system and
`
`endlessly monitor your home for burglaries and emergencies.”). These devices have wireless
`
`communications circuits. See Id. (“The Frontpoint Hub and Keypad run on a 100% cellular
`
`connection with a built-in Wi-Fi backup. There are no phone lines for burglars to cut and your
`
`system is smash-proof. If it’s destroyed during a break-in, the alarm still goes through to our
`
`monitoring centers. Plus, powerful encryption protects against even the most sophisticated
`
`hackers.”) The Frontpoint technical data monitoring devices use the wireless communications
`
`circuit to establish links to a programmable interface of a programmable cellular telephone, for
`
`example, a mobile app “Frontpoint App” running on a programmable cellular telephone (such as
`
`a Smartphone). See https://www.frontpointsecurity.com/Why-Frontpoint#MobileAppFeatures
`
`(“Can your app control every smart device in your home with a single tap? Or, notify you when
`
`someone isn’t home on time? Or, remind you to close the garage door? Didn’t think so. The
`
`Frontpoint app can.”) (attached hereto as Exhibit D). Frontpoint Hub/panel + Frontpoint
`
`6
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 7 of 12 PageID# 7
`
`Keypad which monitors the sensor data and accordingly sends an alert over a wireless network,
`
`indicating that the device is used along with a wireless data monitoring network (such as Wi-Fi,
`
`4G LTE cellular technology and/or Z-wave).
`
`23.
`
`According to claim 1(b) of the ’079 Patent, the FrontPoint Accused
`
`Instrumentalities are configured to send and/or receive wireless packet switch data transmissions.
`
`See id. Note: Both modern cellular networks and wireless data networks (such as Wi-Fi b/g/n,
`
`4G LTE cellular connectivity at 433/319 MHz or Z-wave) are packet switched networks.
`
`24.
`
`According to claim 1(c) of the ’079 Patent, the FrontPoint Accused
`
`Instrumentalities have many status conditions, including, for example: armed, not armed, alerts,
`
`event notification alarm and/or emergency features etc. See id.
`
`25.
`
`According to claim 1(d) of the ’079 Patent, the FrontPoint Accused
`
`Instrumentalities are configured to generate data and to send data over the wireless
`
`communication link for processing by the programmable cellular telephone. The device is also
`
`configured to generate data (alarm and notifications) associated with the Frontpoint products
`
`(outdoor camera, premium indoor camera, doorbell camera, indoor camera, light bulb, wireless
`
`light control, garage door controller, door lock, door/window sensor, glass break sensor, garage
`
`door tilt sensor, motion sensor, CO sensor, flood sensor, smoke and heat sensor and other
`
`compatible third party sensors) and send it over the wireless communication link for processing
`
`by the programmable cellular telephone. The Frontpoint App, which when installed on the
`
`programmable cellular telephone (such as a Smartphone), connects over wireless communication
`
`network with the panel to send and/or receive notifications and alerts. See Exhibit C.
`
`26.
`
`According to claim 1(e) of the ’079 Patent, the sent data is either displayed by the
`
`programmable cellular telephone and/or sent to an Internet website via GPRS or other wireless
`
`7
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 8 of 12 PageID# 8
`
`packet switched protocols. The data (alarm and/or notifications) associated with the Frontpoint
`
`products is sent to the programmable cellular telephone and displays the data on cellular
`
`telephone via the Frontpoint App. See Exhibit D.
`
`27.
`
`According to claim 1(f) of the ’079 Patent, the Frontpoint Accused
`
`Instrumentalities are configured as part of the wireless data monitoring network along with the
`
`programmable cellular telephone. See id.
`
`28.
`
`According to claim 1(g) of the ’079 Patent, the FrontPoint Accused
`
`Instrumentalities consist of many members of this group, including at least a home security
`
`monitoring system of one or more sensors. See e.g., Exhibit C (“Your home. Your family.
`
`Your lifestyle. Nothing about you is standard—that’s why we offer highly customizable
`
`packages that give you everything you need, and nothing you don’t.”) The Frontpoint technical
`
`devices and system integrates with at least one of the sensors (such as security alarm system
`
`including a flood sensor to detect a water leak, a smoke and heat sensor for sensing smokes and
`
`fire, a carbon monoxide sensor to measure the levels of the toxic gas and avoid health hazards
`
`and poisoning the environment, a motion sensor used to check movement, a tilt sensor to check
`
`the mechanical displacement of doors and windows).
`
`29.
`
`According to claim 1(h) of the ’079 Patent, the data sent by the technical data
`
`monitoring device represents at least home security data associated with large range of sensors
`
`such as security alarm system including a flood sensor to detect a water leak, a smoke and heat
`
`sensor for sensing smokes and fire, a carbon monoxide sensor to measure the levels of the toxic
`
`gas , a motion sensor used to check movement, a tilt sensor to check the mechanical
`
`displacement of doors and windows, a glass break sensor to sense the sound data and
`
`correspondingly generate and send the heat data, mechanical displacement data, water detection
`
`8
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 9 of 12 PageID# 9
`
`data, health data, movement data and sound threshold data. See e.g. Exhibit C (“Your system is
`
`pre-programmed for the easiest setup ever. Everything virtually works right out of the box and is
`
`ready to secure your home with the most sophisticated security technology available from day
`
`one. Built to handle up to 80 sensors and 40 users, this powerfully intelligent system is built to
`
`handle all of your home security and automation needs.”); See id. (“With us, it's all about you.
`
`Get highly-personalized and powerful home automation designed to meet the unique needs of
`
`your home, family, and lifestyle.”)
`
`Post-Suit Willful Infringement
`
`30.
`
`Defendant has had actual knowledge of the ’079 Patent at least as of service of
`
`this Complaint.
`
`31.
`
`Notwithstanding this knowledge, Defendant continues to knowingly or with
`
`reckless disregard willfully infringe the ’079 Patent. Defendant has thus had actual notice of
`
`infringement of the ’079 Patent as of the filing of this complaint, and continues to act despite an
`
`objectively high likelihood that its actions constitute infringement of Plaintiff’s valid patent
`
`rights, either literally or equivalently.
`
`32.
`
`This objective risk was either known or so obvious that it should have been
`
`known to Defendant. Accordingly, Plaintiff seeks enhanced damages and reimbursement of its
`
`reasonable attorney fees pursuant to 35 U.S.C. §§ 284 and 285.
`
`Indirect Infringement
`
`33.
`
`Defendant is knowingly inducing their customers and/or end users to directly
`
`infringe the ’079 Patent, with the specific intent to encourage such infringement, and knowing
`
`that the induced acts constitute patent infringement, either literally or equivalently.
`
`34.
`
`Defendant’s inducement includes, for example, providing data sheets, technical
`
`guides, demonstrations, software and hardware specifications, installation guides, and other
`
`9
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 10 of 12 PageID# 10
`
`forms of support that induce its customers and/or end users to directly infringe the ’079 Patent.
`
`The FrontPoint Accused Instrumentalities are designed in such a way that when they are used for
`
`their intended purpose, the user infringes the ’079 Patent, either literally or equivalently.
`
`Defendant knows and intends that customers that purchase the FrontPoint Accused
`
`Instrumentalities will use those products for their intended purpose. For example, Defendant’s
`
`United States website, https://www.frontpointsecurity.com/Why-Frontpoint#MobileAppFeatures
`
`(Exhibit D), instructs customers to use the FrontPoint Accused Instrumentalities in numerous
`
`infringing applications. In addition, Defendant specifically intends that its customers, such as
`
`United States distributors, retailers and consumer product companies, will import, use, and sell
`
`infringing products in the United States in order to serve and develop the United States market
`
`for Defendant’s infringing products.
`
`35.
`
`As a result of Defendant’s infringement, Plaintiff has suffered monetary damages,
`
`and is entitled to an award of damages adequate to compensate it for such infringement which,
`
`by law, can be no less than a reasonable royalty, together with interest and costs as fixed by this
`
`Court under 35 U.S.C. § 284.
`
`VI. NOTICE
`
`36.
`
`Plaintiff has complied with the notice requirement of 35 U.S.C. § 287 and does
`
`not distribute, sell, offer for sale, or make products embodying the Asserted Patent.
`
`VII. JURY DEMAND
`
`37.
`
`Plaintiff demands a trial by jury of all matters to which it is entitled to trial by
`
`jury, pursuant to FED. R. CIV. P. 38.
`
`10
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 11 of 12 PageID# 11
`
`VIII. PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for judgment and seeks relief against Defendant as
`
`follows:
`
`A.
`
`That the Court determine that one or more claims of the Asserted Patent is
`
`infringed by Defendant, both literally and under the doctrine of
`
`equivalents;
`
`B.
`
`That the Court determine that one or more claims of the Asserted Patent is
`
`indirectly infringed by Defendant;
`
`C.
`
`That the Court award damages adequate to compensate Plaintiff for the
`
`patent infringement that has occurred, together with prejudgment and post-
`
`judgment interest and costs, and an ongoing royalty for continued
`
`infringement;
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`That the Court permanently enjoin Defendant pursuant to 35 U.S.C. § 283;
`
`A finding that this case is exceptional pursuant to 35 U.S.C. § 285;
`
`That the Court order Defendant to reimburse Plaintiff for its reasonable
`
`attorney fees pursuant to 35 U.S.C. § 285;
`
`That the Court determine that Defendant’s infringements were willful;
`
`That the Court award enhanced damages against Defendant pursuant to
`
`35 U.S.C. § 284; and
`
`I.
`
`That the Court award such other relief to Plaintiff as the Court deems just
`
`
`
`and proper.
`
`
`
`11
`
`

`

`Case 1:19-cv-01267-LMB-IDD Document 1 Filed 10/02/19 Page 12 of 12 PageID# 12
`
`Dated: October 1, 2019
`
`
`
`
`
`
`
`Respectfully Submitted,
`
` /s/ Cecil E. Key
`
`
`Cecil E. Key
`Virginia State Bar Number 41018
`Henning Schmidt
`Texas State Bar Number 24060569
`DIMURO GINSBERG, P.C.
`1101 King St., Suite 610
`Alexandria, Virginia 22314
`Phone: (703) 684-4333
`Fax: (703) 548-3181
`Email: HSchmidt@dimuro.com
`
`Attorneys for Plaintiff
`Wireless Communications Mobile LLC
`
`12
`
`