Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 1 of 28
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
HUMAN ELECTRONICS, INC.,
Plaintiff/Counterclaim Defendant
v.
INTERNATIONAL ELECTRONICS, INC., BEST BUY CO., INC., RADIOSHACK Case No. 03-CV-1318 (DNH)(GJD) CORPORATION, TARGET CORPORATION,
Defendants/Counterclaimants,
WAL-MART STORES, INC., COMPUSA INC., HEARTLAND AMERICA, INC. and, TIGER DIRECT, INC.
Defendants.
THIRD AMENDED COMPLAINT AND JURY DEMAND
Plaintiff Human Electronics, Inc. ("Human Electronics"), through its undersigned attorneys, hereby states its Amended Complaint for patent infringement against International
Electronics, Inc. (“IEI”), Best Buy Co., Inc. (“BestBuy”), RadioShack Corporation
(“RadioShack”), Target Corporation (“Target”), Wal-Mart Stores, Inc. (“Wal-Mart”), CompUSA Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 2 of 28
Inc. (“CompUSA”), Heartland America, Inc. (“Heartland”), and Tiger Direct, Inc. (“Tiger”)
(each a “Defendant,” and collectively, “Defendants”). All of the allegations and other factual contentions set forth herein are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
PARTIES
1. Human Electronics is a New York corporation with its principal place of business at 157 Genesee Street, Utica, New York 13501.
2. IEI is a Washington corporation with its principal place of business at 5913-C NE
127th Avenue, Suite 800, Vancouver, Washington 98682.
3. BestBuy is a Minnesota corporation with its principal place of business at 7601
Penn Avenue, South Richfield, Minnesota 55423.
4. RadioShack is a Delaware corporation with its principal place of business at 100
Throckmorton Street, Fort Worth, Texas 76102.
5. Target is a Minnesota corporation with its principal place of business at 1000
Nicollet Mall, Minneapolis, Minnesota 55403.
6. Wal-Mart is a Delaware corporation with its principal place of business at 702
S.W. Eighth Street, Bentonville, Arkansas 72716.
7. CompUSA is a Delaware Corporation with its principal place of business at
14951 Dallas Parkway, Dallas, Texas 75254.
8. Heartland is a Minnesota corporation with its principal place of business at 8085
Century Boulevard, Chaska, Minnesota 55318.
9. Tiger is a Delaware corporation with its principal place of business at 7795 West
Flagler Street, Suite 35, Miami, Florida 33144.
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JURISDICTION AND VENUE
10. This Court has exclusive jurisdiction over this case pursuant to 28 U.S.C. §§ 1331 and 1338 because this Third Amended Complaint states an action based upon a federal question relating to patents.
11. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
12. This Court has personal jurisdiction over each Defendant because, upon information and belief, each Defendant has conducted business and commercial activities, and committed acts of infringement, in this District and elsewhere.
BACKGROUND
The ‘353 Patent
13. Human Electronics owns all right, title, and interest to U.S. Patent No. 6,067,353
("the '353 Patent"), which was duly and validly issued by the United States Patent and
Trademark Office on May 23, 2000, and is entitled "Method And Apparatus For Detecting A
Call Waiting Signal On A Telephone Line Connected To A Modem." A true and accurate copy of the '353 Patent is attached hereto as Exhibit A.
The Catch-A-Call Product
14. IEI has certain rights to a Catch-A-Call® phone/computer/fax line sharing device
(“Catch-A-Call Product”).
15. Included among those rights are the rights to control the design, quality, and distribution of the Catch-A-Call Product, for itself and for its agents, licensees, and others acting on its behalf.
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16. IEI has made, used, imported, sold, and/or offered to sell the Catch-A-Call
Product.
17. IEI has caused others to make, use, import, sell, and/or offer to sell the Catch-A-
Call Product.
18. BestBuy entered into one or more agreements to market and/or sell the Catch-A-
Call Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
19. BestBuy has used, sold, offered to sell, and/or imported the Catch-A-Call Product.
20. BestBuy has caused others to use, sell, offer to sell, and/or import the Catch-A-
Call Product.
21. RadioShack entered into one or more agreements to market and/or sell the Catch-
A-Call Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
22. RadioShack has used, sold, offered to sell, and/or imported the Catch-A-Call
Product.
23. RadioShack has caused others to use, sell, offer to sell, and/or import the Catch-
A-Call Product.
24. Target entered into one or more agreements to market and/or sell the Catch-A-
Call Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
25. Target has used, sold, offered to sell, and/or imported the Catch-A-Call Product.
26. Target has caused others to use, sell, offer to sell, and/or import the Catch-A-Call
Product.
27. Wal-Mart entered into one or more agreements to market and/or sell the Catch-A-
Call Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
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28. Wal-Mart has used, sold, offered to sell, and/or imported the Catch-A-Call
Product.
29. Wal-Mart has caused others to use, sell, offer to sell, and/or import the Catch-A-
Call Product.
30. CompUSA entered into one or more agreements to market and/or sell the Catch-
A-Call Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
31. CompUSA has used, sold, offered to sell, and/or imported the Catch-A-Call
Product.
32. CompUSA has caused others to use, sell, offer to sell, and/or import the Catch-A-
Call Product.
33. Heartland entered into one or more agreements to market and/or sell the Catch-A-
Call Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
34. Heartland has used, sold, offered to sell, and/or imported the Catch-A-Call
Product.
35. Heartland has caused others to use, sell, offer to sell, and/or import the Catch-A-
Call Product.
36. Tiger entered into one or more agreements to market and/or sell the Catch-A-Call
Product with IEI and/or certain of IEI agent(s) and/or licensee(s).
37. Tiger has used, sold, offered to sell, and/or imported the Catch-A-Call Product.
38. Tiger has caused others to use, sell, offer to sell, and/or import the Catch-A-Call
Product.
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COUNT ONE Infringement of U.S. Patent No. 6,067,353
39. Human Electronics reavers and realleges paragraphs 1 through 38, as if fully set
forth herein.
40. Each of the Defendants has, without authorization or approval from Human
Electronics, infringed one or more of claims 2, 3, 4, 12, 19, 21, and 22 of the '353 Patent by
making, using, selling, offering to sell, and/or importing products, including without limitation,
the Catch-A-Call Product.
41. Each of the Defendants is liable for direct infringement, contributory
infringement, and inducing infringement of one or more of claims 2, 3, 4, 12, 19, 21, and 22 of
the '353 Patent.
42. The Defendants’ infringement of one or more of claims 2, 3, 4, 12, 19, 21, and 22
of the '353 Patent has been deliberate, knowing, and willful.
43. Defendants will continue to infringe one or more of claims 2, 3, 4, 12, 19, 21, and
22 of the '353 Patent to Human Electronics' irreparable injury and other damage unless enjoined
by the Court. Human Electronics has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Human Electronics respectfully demands the following relief against the Defendants, jointly and severally, from this Honorable Court:
(a) That this Court enter judgment that each of the Defendants has infringed one or
more of claims 2, 3, 4, 12, 19, 21, and 22 of the '353 Patent;
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(b) That Defendants, their successors, privies, and all through or under Defendants,
and all those acting for a Defendant or on a Defendant’s behalf, be preliminarily,
and thereafter permanently, enjoined from infringing the '353 Patent;
(c) That the Court award to Human Electronics, and Defendants be required to
account to Human Electronics for, all damages suffered by Human Electronics
resulting from each and every Defendant’s infringement of the '353 Patent;
(d) That the Court treble such recovered damages because of the willful nature of
Defendants’ infringement, and award interest thereon; and
(e) That Human Electronics be granted such other and further relief as to which this
Court may seem just and proper, together with the costs and disbursements of this
action, including attorneys’ fees.
Respectfully submitted,
Dated: July 29, 2005 HUMAN ELECTRONICS, INC. Syracuse, New York By its attorneys,
/s/ Indranil Mukerji ______Robert E. Purcell, Esq. Federal Bar Roll No. 510,595 Michael D. Pinnisi, Esq. Federal Bar Roll No. 505,288 Indranil Mukerji, Esq. Federal Bar Roll No. 511,738 Denis J. Sullivan, Esq. Federal Bar Roll No. 512,997 WALL MARJAMA & BILINSKI LLP 101 South Salina Street, Suite 400 Syracuse, New York 13202 Telephone: (315) 425-9000 Facsimile: (315) 425-9114
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DEMAND FOR JURY TRIAL
Human Electronics hereby demands trial by jury for all the issues so triable.
/s/ Indranil Mukerji ______Indranil Mukerji, Esq. Federal Bar Roll No. 511,738
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EXHIBIT A Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 10 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 11 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 12 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 13 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 14 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 15 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 16 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 17 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 18 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 19 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 20 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 21 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 22 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 23 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 24 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 25 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 26 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 27 of 28 Case 5:03-cv-01318-DNH -GJD Document 107 Filed 08/08/05 Page 28 of 28