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Robert G. Schaffer, State Bar No. 017475 William G. Voit, State Bar No. 025808 LEWIS AND ROCA LLP 40 North Central Avenue, 19th Floor Phoenix, Arizona 85004-4429 Telephone: (602) 262-5311 BSchaffer@LRLaw.com WVoit@LRLaw.com Attorneys for Plaintiff CSR Technology Inc. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CSR Technology Inc., Plaintiff, vs. Bandspeed, Inc., Defendant. ) ) ) ) ) ) ) ) ) )

No. COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

Plaintiff CSR Technology Inc. (CSR), for its complaint against Defendant Bandspeed, Inc. (Bandspeed), hereby alleges as follows: JURISDICTION AND VENUE 1. This is an action arising under the patent laws of the United States, Title 35

of the United States Code. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331 and 1338(a). 2. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c)

and 28 U.S.C. 1400(b). PARTIES 3. Plaintiff CSR is a corporation organized under the laws of Delaware, with

its headquarters and principal place of business at 217 Devcon Drive, San Jose, California 95112. CSR maintains an office in this judicial district at 4940 East Beverly Road, Phoenix, Arizona 85044. 4. CSR is the owner by assignment of U.S. Patent No. 6,792,247 (the 247
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patent) and has the exclusive right to license the 247 patent as well as to sue for and collect fees, costs, and damages, including damages for past infringement of the 247 patent. 5. Bandspeed is a corporation organized under the laws of Delaware, with its

headquarters and principal place of business at 4301 Westbank Drive, Building B, Suite 100, Austin, Texas 78746. 6. Bandspeed develops, makes, uses, offers for sale, sells and/or imports into

the United States, inter alia, hardware and software products directed to WLAN 802.11 management and radio frequency (RF) interference analysis, including but not limited to the following products: the BSP1000, the BSP2500, the BSP2500-MPCI, the BSPAMAP3100AG-VC, and products incorporating them (collectively, the the Accused Bandspeed Products). 7. This Court has personal jurisdiction over Defendant Bandspeed because

Bandspeed makes, uses, offers to sell, sells, and/or imports infringing products into the United States in this judicial district and elsewhere. 8. This Court also has personal jurisdiction over Defendant Bandspeed

because Bandspeed has established minimum contacts within the forum such that the exercise of jurisdiction over Bandspeed will not offend traditional notions of fair play and substantial justice. On information and belief, Bandspeed has placed products that practice the claimed invention of the 247 patent into the stream of commerce with the reasonable expectation and/or knowledge that purchasers and users of such products were located within this judicial district. On information and belief, Bandspeed has sold, advertised, marketed, and/or distributed in this judicial district products that practice the claimed invention of the 247 patent.

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PATENT IN SUIT On September 14, 2004, the United States Patent and Trademark Office

(the Patent Office) duly and legally issued United States Patent No. 6,792,247, entitled Co-Located Frequency-Agile System and Method, to inventors Hock Law of Carlsbad, California and Dennis Kwan of San Diego, California. CSR is the assignee of all rights, title and interest in and to the 247 patent and possesses all rights of recovery under the 247 patent, including the right to sue for past damages. A true and correct copy of the 247 patent is attached hereto as Exhibit 1. COUNT FOR INFRINGEMENT OF U.S. PATENT NO. 6,792,247 10. CSR incorporates by reference the allegations set forth in the preceding

paragraphs of this Complaint, as though fully set forth herein. 11. Bandspeed has infringed and continues to infringe one or more claims of

the 247 patent by committing acts defined in 35 U.S.C. 271 as unlawful and infringing, including but not limited to the making, using, offering for sale or selling, and/or importing the Accused Bandspeed Products in the United States. 12. By reason of the acts alleged herein, CSR has suffered, is suffering, and

unless Bandspeed is restrained by the Court, will continue to suffer, injury to its business and property rights, for which it is entitled to damages pursuant to 35 U.S.C. 284 in an amount to be proven at trial. 13. By reason of the acts alleged herein, CSR has suffered, is suffering, and

unless Bandspeed is restrained by the Court, will continue to suffer, irreparable harm for which there is no adequate remedy at law, and for which CSR is entitled to permanent injunctive relief pursuant to 35 U.S.C. 283. PRAYER FOR RELIEF WHEREFORE, CSR prays for judgment on the complaint as follows: a) of the 247 patent; b) Permanent injunctive relief pursuant to 35 U.S.C. 283 enjoining 3
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Judgment in favor of CSR and against Bandspeed for infringement

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Bandspeed, its affiliated entities, its officers, agents, servants, employees, successors, assigns and all other persons or entities acting in concert or participation with Bandspeed who receive notice thereof, from infringing the 247 patent; c) An award to CSR for compensatory damages caused by Bandspeeds

infringement, including pre- and post-judgment interests and costs, pursuant to 35 U.S.C. 284; and d) proper. DEMAND FOR JURY TRIAL In accordance with Fed. R. Civ. P. 38(b) CSR demands a trial by jury on all issues so triable. DATED this 5th day of October 2011. LEWIS AND ROCA LLP For such other, further or different relief as this Court deems just and

By /s/ Robert G. Schaffer Robert G. Schaffer William G. Voit Attorneys for Plaintiff CRS Technology Inc. Of Counsel: HARRISON J. FRAHN IV hfrahn@stblaw.com SIMPSON THACHER & BARTLETT LLP 2550 Hanover Street Palo Alto, California 94304 Telephone: (650) 251-5000 Facsimile: (650) 251-5002

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