Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 1 of 13 FILED 2007 Dec-21 PM 04:32 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION MOBILE TRAFFIC SYSTEMS CORPORATION and TRAFFICGAUGE, INC., Plaintiffs, CIVIL ACTION v. NO. 5:07-CV-00653-CLS COBRA ELECTRONICS CORP., JURY TRIAL GARMIN USA, INC., DEMANDED MAGELLAN NAVIGATION, INC., and TOMTOM, INC., Defendants. AMENDED COMPLAINT Plaintiffs Mobile Traffic Systems Corporation and TrafficGauge, Inc. ( MTS, TrafficGauge, or Plaintiffs state their Amended Complaint against Defendants Cobra Electronics Corp. ( Cobra, Garmin USA, Inc. ( Garmin, Magellan Navigation, Inc. ( Magellan, and TomTom, Inc. ( TomTom (as used herein, the designation Defendants refers collectively to all named Defendants, as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code.
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 2 of 13 2. This Court has subject matter jurisdiction over all causes of action set forth herein pursuant to 28 U.S.C. 1331 and 1338(a because this action arises under the patent laws of the United States, 35 U.S.C. 1 et seq. 3. Venue is proper in this judicial district and division pursuant to 28 U.S.C. 1391(b and (c and 1400(b in that the Defendants have done business in this District, have committed acts of infringement in this District, and continue to commit acts of infringement in this District, entitling Plaintiffs to relief. PARTIES 4. Plaintiff MTS is the exclusive licensor of all substantial rights under United States Patent Nos. 7,069,143 and 6,728,628, including the right to bring suit for patent infringement. 5. Plaintiff TrafficGauge is the assignee of United States Patent Nos. 7,069,143 and 6,728,628. 6. Upon information and belief, Defendant Cobra is a Delaware corporation with its principal place of business in Chicago, Illinois. Upon information and belief, the Court has personal jurisdiction over Cobra. 7. Upon information and belief, Defendant Garmin is a Kansas corporation with its principal place of business in Olathe, Kansas. Upon information and belief, the Court has personal jurisdiction over Garmin. 2
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 3 of 13 8. Upon information and belief, Defendant Magellan is a Delaware corporation with its principal place of business in Santa Clara, California. Upon information and belief, the Court has personal jurisdiction over Magellan. 9. Upon information and belief, Defendant TomTom is a Massachusetts corporation with its principal place of business in Concord, Massachusetts. Upon information and belief, the Court has personal jurisdiction over TomTom. COUNT ONE: INFRINGEMENT OF U.S. PATENT NO. 7,069,143 10. Plaintiffs reallege and incorporate herein the allegations of paragraphs 1 through 8 of this Complaint as if fully set forth herein. 11. On June 27, 2006, United States Patent No. 7,069,143 ( the 143 patent was duly and legally issued for Mobile Traffic Information System. Plaintiffs hold all substantial rights and interest in the 143 patent, including the right to bring suit for patent infringement. A true and correct copy of the 143 patent is attached hereto as Exhibit A. 12. Upon information and belief, Defendant Cobra has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 143 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the Cobra NAV ONE 2500, NAV ONE 4500, and/or NAV ONE 2100 products. 3
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 4 of 13 13. Upon information and belief, Defendant Garmin has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 143 patent. Exemplary acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the Garmin StreetPilot c530, Garmin nuvi 680, Garmin nuvi 650, Garmin nuvi 660, Gamin nuvi 670, Garmin nuvi 750, Garmin nuvi 760, and/or Garmin nuvi 770 products. 14. Upon information and belief, Defendant Magellan has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 143 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the Magellan RoadMate 6000T, RoadMate 3050T, and/or Maestro 4050 products. 15. Upon information and belief, Defendant TomTom has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 143 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the TomTom GO 510, GO 910, GO 920 T, GO 920, GO 720, ONE XL, ONE 3 rd Edition, and/or ONE 2 nd Edition products. 16. The acts of infringement of the 143 patent by the Defendants, and each of them, have caused damage to Plaintiffs, and Plaintiffs are entitled to 4
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 5 of 13 recover from the Defendants, and each of them, the damages sustained by Plaintiffs as a result of their wrongful acts in an amount subject to proof at trial. The infringement of Plaintiffs exclusive rights under the 143 patent by the Defendants, and each of them, will continue to damage Plaintiffs, causing irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court. 17. Upon information and belief, the Defendants, and each of them, have knowledge of their infringement of the 143 patent, yet each of them continues to infringe said patent. The infringement of the 143 patent by the Defendants, and each of them, is willful and deliberate, entitling Plaintiffs to increased damages under 35 U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285. COUNT TWO: INFRINGEMENT OF U.S. PATENT NO. 6,728,628 18. Plaintiffs reallege and incorporate herein the allegations of paragraphs 1 through 16 of this Complaint as if fully set forth herein. 19. On April 27, 2004, United States Patent No. 6,728,628 ( the 628 patent was duly and legally issued for Portable Traffic Information System. Plaintiffs hold all substantial rights and interest in the 628 patent, including the 5
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 6 of 13 right to bring suit for patent infringement. A true and correct copy of the 628 patent is attached hereto as Exhibit B. 20. Upon information and belief, Defendant Cobra has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 628 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the Cobra NAV ONE 2500, NAV ONE 4500, and/or NAV ONE 2100 products. 21. Upon information and belief, Defendant Garmin has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 628 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the Garmin StreetPilot c530, Garmin nuvi 680, Garmin nuvi 650, Garmin nuvi 660, Gamin nuvi 670, Garmin nuvi 750, Garmin nuvi 760, and/or Garmin nuvi 770 products. 22. Upon information and belief, Defendant Magellan has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 628 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the Magellan RoadMate 6000T, RoadMate 3050T, and/or Maestro 4050 products. 6
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 7 of 13 23. Upon information and belief, Defendant TomTom has infringed directly and/or indirectly and continues to infringe directly and/or indirectly the 628 patent. Exemplary infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of the TomTom GO 510, GO 910, GO 920 T, GO 920, GO 720, ONE XL, ONE 3 rd Edition, and/or ONE 2 nd Edition products. 24. The acts of infringement of the 628 patent by the Defendants, and each of them, have caused damage to Plaintiffs, and Plaintiffs are entitled to recover from the Defendants, and each of them, the damages sustained by Plaintiffs as a result of their wrongful acts in an amount subject to proof at trial. The infringement of Plaintiffs exclusive rights under the 628 patent by the Defendants, and each of them, will continue to damage Plaintiffs, causing irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court. 25. Upon information and belief, the Defendants, and each of them, have knowledge of their infringement of the 628 patent, yet each of them continues to infringe said patent. The infringement of the 628 patent by the Defendants, and each of them, is willful and deliberate, entitling Plaintiff to increased damages 7
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 8 of 13 under 35 U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285. PRAYER FOR RELIEF WHEREFORE, Plaintiffs MTS and TrafficGauge pray that the Court enter judgment in its favor and against Defendants Cobra, Garmin, Magellan, and TomTom, as follows: A. That the Court enter judgment of infringement against the Defendants, and each of them; B. That the Court enter judgment that the infringement of Defendants, and each of them, was willful; C. That the Defendants, and each of them, be ordered to pay damages adequate to compensate Plaintiffs for their acts of infringement, pursuant to 35 U.S.C. 284; D. That the Defendants, and each of them, be ordered to pay treble damages pursuant to 35 U.S.C. 284; E. That the Court find that this case is exceptional and award Plaintiffs their reasonable attorneys fees pursuant to 35 U.S.C. 285. F. That the Defendants, and each of them, their officers, agents, employees, and those acting in privity with them, be permanently enjoined from 8
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 9 of 13 further infringement, contributory infringement, and/or inducing infringement of any of the patents-in-suit, pursuant to 35 U.S.C. 283; G. That the Defendants, and each of them, be ordered to pay prejudgment and post-judgment interest; H. That the Defendants, and each of them, be ordered to pay all costs associated with this action; and I. That Plaintiffs be granted such other and additional relief as the Court deems just, equitable, and proper. DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b, Plaintiff MTS and TrafficGauge demand a trial by jury of all issues triable of right by a jury. Dated: December 21, 2007. s/ Larry W. Brantley Larry W. Brantley Alabama State Bar No. ASB-6424-L68L THOMAS, KAYDEN, HORSTEMEYER & RISLEY, L.L.P. Regions Center, Suite 402 200 Clinton Avenue West Huntsville, Alabama 35801 Telephone No. (256 704-3900 Fax No. (256 704-3905 9
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 10 of 13 larry.brantley@tkhr.com pro hac vice: Dan R. Gresham N. Andrew Crain Cynthia J. Lee THOMAS, KAYDEN, HORSTEMEYER & RISLEY, L.L.P. 600 Galleria Parkway Suite 1500 Atlanta, Georgia 30339 Telephone:(770 933-9500 Facsimile: (770 951-0933 Attorneys for Plaintiff Mobile Traffic Systems Corporation 10
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 11 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION MOBILE TRAFFIC SYSTEMS CORPORATION, Plaintiff, v. CIVIL ACTION NO. 5:07-CV-00653-CLS COBRA ELECTRONICS CORP., GARMIN USA, INC., MAGELLAN NAVIGATION, INC., and TOMTOM, INC., Defendants. CERTIFICATE OF SERVICE I hereby certify that on December 21, 2007, I electronically filed the foregoing AMENDED COMPLAINT with the Clerk of the Court by using the CM/ECF system, which will send a notice of electronic filing to the following counsel of record: Suzanne M. Alexander, Esq. salexander@kirkland.com Barry E. Bretschneider, Esq. bbretschneider@mofo.com J. R. Brooks, Esq. jrb@lfsp.com Eric Buresh, Esq. eburesh@shb.com John P. Corrado, Esq. jcorrado@mofo.com N. Andrew Crain, Esq. andrew.crain@tkrh.com Christopher C. Frost, Esq. cfrost@maynardcooper.com
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 12 of 13 Dan R. Gresham, Esq. dan.gresham@tkhr.com Angela Holt, Esq. ajh@lfsp.com M. Lee Huffaker, Esq. lhuffaker@maynardcooper.com Shira J. Kapplin, Esq. skapplin@kirkland.com Cynthia J. Lee, Esq. cynthia.lee@tkhr.com Steven C. Malin, Esq. smalin@sidley.com Matthew B. Reeves, Esq. mreeves@sirote.com J. Jeffery Rich, Esq. jrich@sirote.com Adam Seitz, Esq. aseitz@shb.com Paul R. Steadman, Esq. psteadman@kirkland.com William A. Streff, Esq. wstreff@kirkland.com Priya B. Viswanath, Esq. pviswanath@mofo.com Debera Denise Wells, Esq. dwells@sidley.com and, I hereby certify that I have mailed by United States Postal Service the document to the following non-cm/ecf participants: B. Trent Webb, Esq. SHOOK HARDY & BACON, LLP 2555 Grand Boulevard Kansas City, Missouri 64108-2613 Counsel for Garmin USA, Inc. Dated: December 21, 2007 s/ Larry W. Brantley Larry W. Brantley Alabama State Bar No. ASB-6424-L68L THOMAS, KAYDEN, HORSTEMEYER & RISLEY, L.L.P. Regions Center, Suite 402 200 Clinton Avenue West Huntsville, Alabama 35801 12
Case 5:07-cv-00653-CLS Document 72 Filed 12/21/07 Page 13 of 13 Telephone No. (256 704-3900 Fax No. (256 704-3905 larry.brantley@tkhr.com Attorney for Plaintiff Mobile Traffic Systems Corporation 631071 13