of the ’619 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 ‘619 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.
69. Upon information and belief, Defendant, without authority, has
contributed and continues to contribute to the infringement of claims 1, 3, 4, 8, 19,
21, 23, 29, 30, and 32 of the ’619 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
‘619 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 ’619 patent, and (d) are not staple articles of commerce suitable
for substantial non-infringing use with respect to the ’619 patent.
70. 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 ’619 patent. On information and belief, these products are designed
to practice the infringing features.
71. Plaintiff has been irreparably harmed by these acts of infringement
and has no adequate remedy at law. Upon information and belief, infringement of
the ’619 patent is ongoing and will continue unless Defendant is enjoined from
further infringement by the court.
PRAYER FOR RELIEF
Case 3:14-cv-01579-BEN-DHB Document 1 Filed 07/01/14 Page 17 of 20
COMPLAINT -18-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
WHEREFORE, Plaintiff prays for relief and judgment as follows:
1. That Defendant be declared to have infringed the Patents-in-Suit;
2. That Defendant, Defendant’s officers, agents, servants, employees,
and attorneys, and those persons in active concert or participation with them, be
preliminarily and permanently enjoined from infringement of the Patents-in-Suit,
including but not limited to any making, using, offering for sale, selling, or
importing of unlicensed infringing products within and without the United States;
3. Compensation for all damages caused by Defendant’s infringement of
the Patents-in-Suit to be determined at trial;
4. A finding that this case is exceptional and an award of reasonable
attorneys fees pursuant to 35 U.S.C. § 285;
5. Granting Plaintiff pre-and post-judgment interest on its damages,
together with all costs and expenses; and,
6. Awarding such other relief as this Court may deem just and proper.
Dated: July 1, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
e.Digital Corporation
