IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION TIMEKEEPING SYSTEMS, INC.

, 30700 Bainbridge Road Solon, OH 44139 Plaintiff v. PATROLLIVE INTERNATIONAL, INC. 3186-E2 Airway Avenue Costa Mesa, CA 92626 and DWELLINGLIVE, INC. D.B.A. PATROLLIVE INTERNATIONAL, INC. 3186-E2 Airway Avenue Costa Mesa, CA 92626 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. JUDGE

COMPLAINT FOR PATENT INFRINGEMENT AND COPYRIGHT INFRINGEMENT

Demand for Jury Trial Endorsed Hereon

For its Complaint against Defendants PatrolLive International, Inc. and DwellingLive, Inc. D.B.A. PatrolLive International, Inc. (collectively PatrolLive), Plaintiff TimeKeeping Systems, Inc. (TimeKeeping) avers as follows: 1. This is an action for damages and injunctive relief to remedy (a) patent infringement by

PatrolLive of U.S. Patent No. 7,027,955 (the 955 Patent) and U.S. Patent No. 7,778,802 (the 802 Patent), utility patents assigned to and owned by TimeKeeping, and (b) copyright infringement by PatrolLive of the copyright in a photograph assigned to and owned by

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TimeKeeping covered by U.S. Copyright Registration VA 1-432-246 (the Copyrighted Image). Parties, Jurisdiction and Venue 2. TimeKeeping is a corporation existing under the laws of the State of Ohio, with a

principal place of business at 30700 Bainbridge Road, Solon, Ohio 44139. 3. PatrolLive International, Inc., on information and belief, has a principal place of

business at 3186-E2 Airway Avenue, Costa Mesa, California 92626. 4. DwellingLive, Inc. D.B.A. as PatrolLive International Inc. is, on information and belief,

a corporation existing under the laws of California and has a principal place of business at 3186E2 Airway Avenue, Costa Mesa, California 92626. 5. This Complaint asserts patent infringement claims arising under the United States

Patent Act, 35 U.S.C. 271 and copyright infringement claims arising under the Copyright Act of 1976, as amended, 17 U.S.C. 101 et. Seq. 6. This Court has subject matter jurisdiction over the subject matter of the claims asserted

herein pursuant to 35 U.S.C. 281, and 28 U.S.C. 1331, 1338(a), and 1338(b). 7. This Court has personal jurisdiction over PatrolLive pursuant to the Ohio Long-Arm

Statute, Ohio Rev. Code Ann. 2307.382, and the laws of the United States based on the following: On information and belief, PatrolLives infringement of the 955 Patent, the 802 Patent and the Copyrighted Image in Ohio and elsewhere has tortiously injured Plaintiff TimeKeeping in this district and elsewhere. Further, PatrolLive (a) on information and belief, is selling and/or has offered for sale products to be sold in this judicial district which infringe the claims of the 955 Patent and the 802 Patent; (b) on information and belief, maintains an established distribution network for offering for sale, selling and/or shipping products into this

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judicial district; (c) on information and belief, regularly solicits business in this state and in this judicial district and sells a substantial amount of products in this state and judicial district; (d) on information and belief, is engaged in substantial and non-isolated activities within this state, whether such activities are wholly interstate, intrastate, or otherwise; and (e) on information and belief, derives substantial revenue from goods used or consumed in Ohio in the ordinary course of trade. 8. Venue is appropriate in this judicial district for the claims asserted herein pursuant to

28 U.S.C. 1391(b) and (c) and 1400(b). FACTS GIVING RISE TO THE CLAIMS FOR RELIEF The Infringed Patents 9. TimeKeeping has spent considerable time and money developing guard tour systems

and has applied for and been awarded several patents covering aspects of guard tour systems. 10. On April 11, 2006, the 955 Patent entitled Guard Tour System Incorporating A

Positioning System was duly and legally issued naming Barry J. Markwitz and Dean Chriss as the inventors. A true and correct copy of the 955 Patent is attached hereto as Exhibit A. 11. The 955 Patent was duly assigned to TimeKeeping on October 20, 2002 and the

assignment was recorded with the United States Patent and Trademark Office on reel number 013420, frame number 0987. 12. On August 17, 2010, the 802 Patent entitled Wireless Devices As Guard Tour

Checkpoint Data Collection and Checkpoint Data Communication Devices was duly and legally issued naming Michael B. OFlaherty and Barry J. Markwitz as the inventors. A true and correct copy of the 802 Patent is attached hereto as Exhibit B.

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13.

The 802 Patent was duly assigned to TimeKeeping on April 28, 2005 and the

assignment was recorded with the United States Patent and Trademark Office on reel number 016529, frame number 0413. 14. The 955 Patent and the 802 Patent contain claims covering certain aspects of guard

tour systems. Many of the claims relate to guard tour systems that utilize data related to the location of the guard, such as data obtained by a GPS. Other claims relate to guard tour systems that wirelessly communicate checkpoint data to a computer. 15. PatrolLive has been aware of the 955 and 802 Patents since at least November 2012

when Mr. Jeff Moran was informed of the 955 and 802 Patents by letter offering a license to these patents to PatrolLive. The Infringed Image 16. In the course of promoting the sale of its guard tour systems, TimeKeeping publishes a

variety of promotional materials concerning its products. 17. Among such promotional materials is a website located at http://www.guard1.com/ (the

Website). 18. Each and every page of the Website bears the following copyright notice: Copyright 2010 by TimeKeeping Systems, Inc. 19. A number of photographic images of TimeKeepings products are featured on the

Website, including but not limited to photographic images of a hand-held touch button data collector marketed by TimeKeeping under the mark THE PIPE. The photographic images of TimeKeepings products published on the Website are published in such a way that the images can be downloaded by visitors to the Website.

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20.

Among the photographic images of THE PIPE data collector appearing on the Website

is the Copyrighted Image.

For example, the Copyrighted Image appears at http://www.guard1.com/us/store/product/pipe-iitks. The Copyrighted Image has appeared on the Website since April 26, 2010, its date of first publication, and has appeared on at least one page of the Website every day since then. 21. The Copyrighted Image is one of group of photographic images covered by U.S.

Copyright Registration VA 1-432-246 (the 246 Registration), a true and correct copy of which is attached hereto as Exhibit C. The effective date of registration for the Copyrighted Image is July 1, 2010. 22. The Copyrighted Image is image number 48 in the deposit materials submitted with the

application that matured into the 246 Registration. 23. TimeKeeping is the copyright claimant named on the 246 Registration by way of an

assignment from the copyright author of the photographic images covered by the registration and TimeKeeping is the current owner of the copyrights in all of the images covered by the 246 Registration, including but not limited to the Copyrighted Image. The Infringing Product 24. On information and belief, PatrolLive offers for sale and sells a guard tour product that

infringes the 955 Patent and the 802 Patent (the Infringing Product).

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25.

On information and belief, PatrolLive provides a guard tour application for use with

certain smart phones. 26. On information and belief, PatrolLive instructs users to download the guard tour

application to a smart phone. 27. On information and belief, PatrolLive provides a web-based system for monitoring and

evaluating guard patrols. 28. On information and belief, PatrolLive provides instructions for users to create

checkpoints in the web-based system. 29. On information and belief, each checkpoint location may be configured to optionally

require, a GeoTag scan, GPS information, images, voice comments, and/or text comments. 30. On information and belief, the guard tour application is configured to cause information

to be read or scanned from GeoTags, and to obtain GPS information at checkpoints. 31. On information and belief, the guard tour application causes data relating to the

checkpoint and the GPS coordinates of the guard to be transmitted wirelessly to the web-based system. 32. On information and belief, the web base system provides detailed reports and

automated sharing capabilities that may be used to monitor and evaluate the guard patrol and the location of the guard on patrol. 33. On information and belief, the guard tour application provides check point data to the

web-based system even if the guard tour checkpoint data indicates the existence of a normal condition at said guard tour checkpoint. 34. Upon information and belief, the check point data is time stamped.

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The Infringing Ad 35. On information and belief, sometime after April 26, 2010, PatrolLive created or had

created a piece of promotional literature for The Infringing Product, a true and correct copy of which is attached hereto as Exhibit D (the Infringing Ad.) 36. The Infringing Ad includes a likeness of THE PIPE data collector which PatrolLive

identifies generically as The Wand.

On information and belief, this likeness is a derivative work created from a digital copy of the Copyrighted Image downloaded by or on behalf of PatrolLive from the Website, which copy has been digitally altered by or on behalf of PatrolLive to change the angular orientation of the likeness and to remove certain features of THE PIPE data collector, namely the trademark THE PIPE appearing on the barrel grip of the data collector and holes located in the metal tip of the data collector. The altered image was then superimposed by or on behalf of PatrolLive on other material appearing in the Infringing Ad.

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37.

TimeKeeping did not authorize PatrolLive to copy the Copyrighted Image for use in

PatrolLives promotional material, did not authorize PatrolLive to create a derivative work based on the Copyrighted Image, and did not authorize PatrolLive to make and distribute copies of the Infringing Ad. 38. The Infringing Ad is available for download on a website owned or operated by

PatrolLive: http://www.patrollive.com/ 39. On information and belief, PatrolLive has had printed and has distributed printed copies

of the Infringing Ad in addition to the digital copy available for download at it website. FIRST CLAIM FOR RELIEF (Infringement of U.S. Patent No. 7,027,955) 40. TimeKeeping incorporates herein by reference paragraphs 1 through 39 of this

Complaint as part of its First Claim for Relief. 41. PatrolLive has been, is and will continue to infringe the 955 Patent by making, using,

selling, and/or offering for sale the guard tour product in the United States, including in this judicial district. 42. On information and belief, PatrolLive knowingly induced others, and continues to

induce others, to infringe the 955 Patent by instructing users to install the guard tour application on smart phones, transmit guard tour information to the web-based system, and to monitor and evaluate guard patrols on the web-based system. 43. On information and belief, PatrolLive knowingly contributed to, and continues to

contribute to, the infringement of the 955 Patent by providing the guard tour application and web-based systems for use by others. 44. On information and belief, PatrolLives acts of infringement have been willful, wanton,

and deliberate, without license, and with the full knowledge and awareness of the 955 Patent.

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45.

The harm to TimeKeeping within this judicial district and elsewhere in the United

States resulting from the acts of infringement of the 955 Patent by PatrolLive set forth above, is irreparable, continuing, and not fully compensable by money damages. 46. On information and belief, PatrolLive has profited and will continue to profit by their

infringing activities. 47. TimeKeeping has been damaged by PatrolLives infringing activities and the amount of

monetary damages which TimeKeeping has suffered by the acts of PatrolLive set forth above cannot be determined without an accounting. SECOND CLAIM FOR RELIEF (Infringement of U.S. Patent No. 7,778,802) 48. TimeKeeping incorporates herein by reference paragraphs 1 through 4747 of this

Complaint as part of its Second Claim for Relief. 49. PatrolLive has been, is and will continue to infringe the 802 Patent by making, using,

selling, and/or offering for sale the guard tour product in the United States, including in this judicial district. 50. On information and belief, PatrolLive knowingly induced others, and continues to

induce others to infringe the 802 Patent by instructing users to install the guard tour application on smart phones, transmit guard tour information to the web-based system, and to monitor and evaluate guard patrols on the web-based system. 51. On information and belief, PatrolLive knowingly contributed to, and continues to

contribute to, the infringement of the 802 Patent by providing the guard tour application and web-based systems for use by others. 52. On information and belief, PatrolLives acts of infringement have been willful, wanton,

and deliberate, without license, and with the full knowledge and awareness of the 802 Patent.

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53.

The harm to TimeKeeping within this judicial district and elsewhere in the United

States resulting from the acts of infringement of the 802 Patent by PatrolLive set forth above, is irreparable, continuing, and not fully compensable by money damages. 54. On information and belief, PatrolLive has profited and will continue to profit by its

infringing activities. 55. TimeKeeping has been damaged by PatrolLives infringing activities and the amount of

monetary damages which TimeKeeping has suffered by the acts of PatrolLive set forth above cannot be determined without an accounting. THIRD CLAIM FOR RELIEF (Infringement of Copyright, U.S. Reg. No. VA 1-432-246) 56. TimeKeeping incorporates herein by reference paragraphs 1 through 5547 of this

Complaint as part of its Third Claim for Relief. 57. TimeKeeping has complied in all respects with the Copyright Act of 1976, 17 U.S.C.

101 et seq., as amended, and all other laws and regulations governing copyrights, and has secured the exclusive rights and privileges in and to the Copyrighted Image. 58. 59. On information and belief, PatrolLive had access to the Copyrighted Image. On information and belief, PatrolLive downloaded a copy of the Copyrighted Image

from the Website, thereby making a copy and then altered the copy of the Copyrighted Image and made a copy of the altered image, and then incorporated the altered image into the Infringing Ad. 60. The likeness of a data collector identified as The Wand in the Infringing Ad is

substantially similar to the Copyrighted Image. 61. The unauthorized use of the Copyrighted Image by PatrolLive complained of above in

connection with the creation, publication and distribution of the Infringing Ad constitutes direct

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infringement of TimeKeepings right to copy that image, right to distribute copies of that image, and right to prepare derivative works based on that image. 62. On information and belief, PatrolLives acts of copyright infringement have been

willful, wanton, and deliberate, without license, and with the full knowledge and awareness of TimeKeepings claim of copyright in the Copyrighted Image. 63. The harm to TimeKeeping within this judicial district and elsewhere in the United

States resulting from the acts of copyright infringement complained of above, is irreparable, continuing, and not fully compensable by money damages. 64. On information and belief, PatrolLive has profited and will continue to profit by their

infringing activities. 65. TimeKeeping has been damaged by PatrolLives infringing activities and the amount of

monetary damages which TimeKeeping has suffered by the acts of PatrolLive set forth above cannot be determined without an accounting. 66. Inasmuch as it appears the infringing conduct complained of above commenced after

the effective date of the registration of the Copyrighted Image, TimeKeeping reserves the right to elect to seek statutory damages of up to $30,000 for infringement of the Copyrighted Image in lieu of an award of actual damages and/or profits. 67. To the extent that it is established at trial that the infringing conduct complained of

above was done willfully, TimeKeeping reserves the right to recover enhanced statutory damages of up to $150,000 for infringement of the Copyrighted Image. 68. TimeKeeping incurred and will continue to incur attorneys fees directly related to the

infringing conduct complained of above, and, inasmuch as it appears PatrolLives infringing conduct commenced after the effective date of the registration of the Copyrighted Image,

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TimeKeeping reserves the right to recover its reasonable attorneys fees as prevailing party in this action. DEMAND FOR JUDGMENT WHEREFORE, Plaintiff TimeKeeping demands judgment against PatrolLive as follows: (a) (b) for a judgment that PatrolLive has infringed the 955 and 802 Patents; for a judgment that PatrolLive has induced others to infringe the 955 and 802 Patents; (c) for a judgment that PatrolLive has contributed to the infringement of the 955 and 802 Patents; (d) for a judgment that the 955 and 802 Patents are not invalid and are enforceable; (e) (f) for a judgement that PatrolLive has infringed the Copyrighted Image; for a permanent and preliminary injunction under 35 U.S.C. 283 and 17 U.S.C. 502 against further infringement of the 955 Patent, the 802 Patents and the Copyrighted Image by PatrolLive, and PatrolLives officers, directors, employees, agents, licensees, servants, successors, affiliates, subsidiaries, and assigns, and any and all persons acting in concert with them; (g) for an accounting to establish TimeKeepings damages for patent infringement and for judgment against PatrolLive awarding this damage amount; (h) for TimeKeepings actual damages and/or an accounting to establish PatrolLives profits for copyright infringement and for judgment against

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PatrolLive awarding TimeKeeping such amounts, or , at TimeKeepings election, an award of statutory damages in an amount to be determined by the Court in lieu of actual damages and/or infringers profits; (i) for a judgment that PatrolLive willfully infringed the 955 and 802 Patents and that the award of damages be increased three times the amount assessed under 35 U.S.C. 284; (j) for a judgment that PatrolLive willfully infringed the Copyrighted Image and that, if elected, an award of statutory damages be enhanced to the maximum degree permissible; (k) for a judgment that any physical copies of the Infringing Ad in PatrolLives possession, custody or control be destroyed; (l) for a finding that TimeKeeping is the prevailing party in its copyright infringement claim and an award of its reasonable attorneys fees; (m) for a finding that this action is exceptional and for an award to TimeKeeping of its reasonable attorneys fees incurred in this action under 35 U.S.C. 285; (n) for an award of costs, and

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(o)

for such other and further relief as may be just and appropriate.

Respectfully submitted,

Dated: May 30, 2013

By:

/s/Raymond Rundelli Raymond Rundelli ( Ohio No. 0030778) rrundelli@calfee.com Chet J. Bonner (Ohio No. 0075014) cbonner@calfee.com Jennifer B. Wick (Ohio No. 0074340) jwick@calfee.com CALFEE, HALTER & GRISWOLD LLP The Calfee Building 1405 East Sixth Street Cleveland, Ohio 44114 Telephone: 216-622-8200 Facsimile: 216-241-0816 Attorneys for Plaintiff TIMEKEEPING SYSTEM INC.

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PLAINTIFFS DEMAND FOR JURY TRIAL Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Reliable Construction Heaters, Inc. hereby demands a jury trial.

Respectfully submitted,

Dated: May 30, 2013

By:

/s/Raymond Rundelli

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