Plaintiff MVCONNECT, LLC (MV) hereby files its Complaint for Patent Infringement against defendants Recovery Database Network, Inc. (RDN) and Digital Recognition Network, Inc. (DRN). MV seeks damages, injunctive and other relief for DRNs and RDNs willful infringement of United States Patent No. 7,579,965 B2. NATURE OF THE ACTION 1. This is an action for patent infringement under the patent laws of the United States, 35 U.C.S. 1 et seq. JURISDICTION AND VENUE 2. The Court has exclusive jurisdiction over the subject matter of this lawsuit pursuant to 28 U.S.C. 1331 and 1338(a). 3. This Court has personal jurisdiction over defendants RDN and DRN because both companies transact substantial business in Illinois. Case: 1:10-cv-06247 Document #: 1 Filed: 09/29/10 Page 1 of 4 PageID #:1 2
4. Venue is proper in the Northern District of Illinois pursuant to 28 U.S.C. 1400(b). THE PATENT IN SUIT 5. On November 18, 2009, United States Patent No. 7,579,965 B2 entitled Vehicle Data Collection and Processing System (the 965 Patent) was duly and lawfully issued to MV as assignee of the inventor. MV is the owner of the 965 Patent, including the right to sue and recover for past, present and future infringement thereof. A true and correct copy of the 965 Patent is attached as Exhibit A. THE PARTIES 6. Plaintiff MV is an Illinois limited liability company with its principal place of business in Palatine, Illinois. 7. Recovery Database Network, Inc. is a Delaware Corporation with its principal place of business at 4100 International Plaza, Suite 2-B10, Fort Worth, Texas, 76109. 8. Defendant Digital Recognition Network, Inc. is a Delaware Corporation with its principal place of business at 4100 International Plaza, Suite 2-B10, Fort Worth, Texas, 76109. COUNT I
PATENT INFRINGEMENT AGAINST DRN AND RDN
9. The allegations of paragraphs 1-8 of the Complaint are incorporated herein by this reference. 10. DRN and RDN have infringed and continue to infringe, have induced and continue to induce others to infringe, and have committed and continue to commit acts of contributory infringement of one or more claims of the 965 patent in this district and elsewhere by making, using, selling, offering for sale and/or importing automated license plate recognition Case: 1:10-cv-06247 Document #: 1 Filed: 09/29/10 Page 2 of 4 PageID #:2 3
technology, which includes the use of mobile camera units and related databases, that is covered by one or more claims of the 965 patent. 11. DRNs and RDNs acts of infringement are willful and deliberate. 12. DRN and RDN have caused and will continue to cause MV substantial damage and irreparable injury by virtue of their past dealings and continuing infringement of the 965 patent. MV will suffer further damage and irreparable injury unless and until DRN and RDN are enjoined by this Court from continuing such infringement. 13. This case is exceptional pursuant to 35 U.S.C. 285. PRAYER FOR JUDGMENT WHEREFORE, MV prays for judgment: a) Entering a preliminary and permanent injunction enjoining DRN and RDN, their officers, agents, servants, employees and those persons and entities acting in concert or participation with any of them, from making, using, offering for sale, selling or importing any product that infringes the 965 patent; b) Awarding damages for RDNs and DRNs infringement of the 965 patent; c) Increasing damages, up to three times the amount found, due to RDNs and DRNs willful infringement; d) Awarding pre- and post-judgment interest on the damages assessed; e) Declaring this case exceptional pursuant to 35 U.S.C. 285 and awarding MV its reasonable attorneys fees and costs of suit; and f) Awarding to MV such further necessary or proper relief as the Court deems just. Case: 1:10-cv-06247 Document #: 1 Filed: 09/29/10 Page 3 of 4 PageID #:3 4
DEMAND FOR JURY TRIAL MV requests a trial by jury. Date: September 29, 2010 Respectfully submitted,
MVCONNECT, LLC
By: /s/ Peter M. Spingola One of its Attorneys
Robert A. Chapman (6191210) Peter M. Spingola (6243942) Sara Siegall (6297622) CHAPMAN SPINGOLA, LLP 77 West Wacker Drive Suite 4800 Chicago, Illinois 60601 312/606-8754 (phone) 312/630-9233 (fax)
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