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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
QUANTRONIX, INC., a Utah corporation,
Case No. ______Plaintiff,
v. COMPLAINT FOR PATENT Data Trak Technologies, Inc. a Minnesota INFRINGEMENT
Corporation, Data Trak Solutions NA, Inc., a Minnesota Corporation, Wildwood Technology, LLC a Minnesota Limited Liability Company, Robert Tessier, an individual, Michael Everson, an individual and Troy Buchholz, an individual
Defendants.
Plaintiff, Quantronix, Inc. (“Plaintiff”), by and through its counsel, brings this complaint
against Defendants Data Trak Technologies, Inc., Data Trak Solutions NA, Inc., Wildwood
Technology, LLC, Robert Tessier, Michael Everson, and Troy Buchholz (collectively
“Defendants”), as follows:
PARTIES
1. Plaintiff Quantronix, Inc. is a Utah Corporation. Quantronix, Inc. has a principal
place of business in Farmington, Utah.
2. Upon information and belief, defendant Data Trak Technologies, Inc. is a
Minnesota Corporation having an address and principal place of business in St. Paul, Minnesota.
3. Upon information and belief, defendant Data Trak Solutions NA, Inc. is a
Minnesota Corporation having an address and principal place of business in St. Paul, Minnesota. CASE 0:07-cv-01799-DWF-AJB Document 1 Filed 04/06/07 Page 2 of 13
4. Upon information and belief, defendant Wildwood Technology, LLC is a
Minnesota Limited Liability Company having an address and principal place of business in
Grant, Minnesota.
5. Upon information and belief, defendant Robert Tessier is an individual having a primary residence in Stillwater, Minnesota, and is an owner and officer of defendant Wildwood
Technology, LLC.
6. Upon information and belief, defendant Michael Everson is an individual having a primary residence in St. Paul, Minnesota and is the Chief Executive Officer and President of defendant DataTrak Technologies, Inc.
7. Upon information and belief, defendant Troy Buchholz is an individual having a primary residence in Champlin, Minnesota, and is an employee of defendant Data Trak
Technologies, Inc. and/or defendant Data Trak Solutions NA, Inc.
JURISDICTION AND VENUE
8. Plaintiff incorporates each of its previous allegations.
9. This is a civil action for patent infringement under the patent laws of the United
States and, more specifically, under Title 35 U.S.C. §§ 271, 281, 283, 284, and 285.
10. This action involves a federal question in that it arises from Defendants’
infringement of Plaintiff’s patent rights, and jurisdiction over the present subject matter is
conferred upon this Court pursuant to 28 U.S.C. §§ 1331 and 1338(a).
11. This Court has general personal jurisdiction over each of the Defendants in this
action as each of Defendants Data Trak Technologies, Inc., Data Trak Solutions NA, Inc., and
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Wildwood Technology, LLC is registered in, and maintains a principal place of business within, the State of Minnesota, and each of defendants Robert Tessier, Michael Everson and Troy
Buchholz maintains a primary residence and works within the State of Minnesota.
12. Venue is proper in this District pursuant to 28 U.S.C. §§ 1400, and 1391(b) and (c).
BACKGROUND
13. Plaintiff, Quantronix, Inc., develops, manufactures, markets, and sells equipment and apparatuses for measuring, dimensioning, cubing, sizing, and weighing packages and objects. Plaintiff offers a full-line of high-performance, non-contact dimensioning and weighing systems for facilitating the storage, packing, repacking, in-line quality control monitoring, inventory managing, load planning, load tracking, auditing, and manifesting of packages and other such objects.
14. United States Patent 5,042,015 (“the ‘015 Patent”) issued August 20, 1991 and is entitled “Measuring Method and Apparatus.” A copy of the ‘015 Patent is appended hereto as
Exhibit A. United States Patent 5,105,392 (“the ‘392 Patent”) issued April 14, 1992 and is entitled “Measuring Method and Apparatus.” A copy of the ‘392 Patent is appended hereto as
Exhibit B. United States Patent 6,850,464 (“the ‘464 Patent”) issued February 1, 2005 and is entitled “Dimensioning System and Method of Dimensioning.” A copy of the ‘464 Patent is appended hereto as Exhibit C.
15. Plaintiff is the owner by assignment of the ‘015 Patent, the ‘392 Patent, and the
‘464 Patent, none of which have expired and each of which remains in full force and effect.
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16. As part of its continued business practices, Plaintiff has committed considerable amounts of time, expertise, and money to the patenting, marketing, promotion, manufacture, and distribution of Plaintiffs’ inventions relating to automated dimensional data acquisition systems and encompassed by the claims of the ‘015 Patent, the ‘392 Patent, and the ‘464 Patent.
17. Upon information and belief, Defendants Data Trak Technologies, Inc., Data Trak
Solutions NA, Inc., Michael Everson, and/or Troy Buchholz maintain a website at www.dtsna.com/dimmer.cfm and use, offer to sell and/or lease “Package Dimensioner” apparatuses, including one particular Package Dimensioner apparatus referred to as “The
Dimmer.” A true and correct copy of the website as accessed and printed March 27, 2007 is appended hereto as Exhibit D.
18. Upon information and belief, the Package Dimensioner apparatuses used and offered for sale and/or lease from the website at www.dtsna.com/dimmer.cfm use ultrasonic transducers that are configured to emit ultrasonic waves toward an object or package thereon from multiple directions, to receive ultrasonic waves reflected from the object or package thereon, and to estimate, calculate, and/or determine the dimensions of the object or package using the reflected ultrasonic waves. An image of one such system, device, and/or apparatus that appears to include at least four ultrasonic transducers is illustrated in a photograph posted on the website at www.dtsna.com/dimmer.cfm. (Exhibit D).
19. Upon information and belief, the Package Dimensioner apparatuses used and offered for sale and/or lease from the website at www.dtsna.com/dimmer.cfm are also configured to weigh an object or package positioned thereon. An image of one such system, device, and/or
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apparatus that appears to include at least two load cells is illustrated in a photograph posted on the website at www.dtsna.com/dimmer.cfm. (See, Exhibit D).
20. Upon information and belief, the Package Dimensioner apparatuses used and offered for sale and/or lease from the website at www.dtsna.com/dimmer.cfm infringe one or more claims of the ‘015 Patent, the ‘392 Patent, and/or the ‘464 Patent.
21. Upon information and belief, the use of the Package Dimensioner apparatuses used and offered for sale and/or lease from the website at www.dtsna.com/dimmer.cfm to measure dimensions of an object or package would infringe one or more claims of the ‘015
Patent, the ‘392 Patent, and the ‘464 Patent.
22. Upon information and belief, the Package Dimensioner apparatuses used and offered for sale and/or lease on the website at www.dtsna.com/dimmer.cfm are manufactured by
Defendants Wildwood Technology, LLC and/or Robert Tessier.
23. Upon information and belief, the Package Dimensioner apparatuses used and offered for sale and/or lease on the website at www.dtsna.com/dimmer.cfm are sold and/or leased to Defendants Data Trak Technologies, Inc., Data Trak Solutions NA, Inc., Michael
Everson and/or Troy Buchholz by Defendants Wildwood Technology, LLC and/or Robert
Tessier.
24. Upon information and belief, Troy Buchholz, Michael Everson, Robert Tessier, and/or Wildwood Technology, LLC, have contributed to the infringement and/or induced others including Data Trak Technologies, Inc. and/or Data Trak Solutions NA, Inc. to infringe one or more claims of the ‘015 Patent, the ‘392 Patent, and the ‘464 Patent.
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25. Upon information and belief, Troy Buchholz, Michael Everson, Data Trak
Technologies, Inc. and/or Data Trak Solutions NA, Inc. have induced others to infringe and/or
contributed to the infringement one or more claims of the ‘015 Patent, the ‘392 Patent, and the
‘464 Patent.
FIRST CAUSE OF ACTION Infringement of United States Patent 5,042,015
26. Plaintiff alleges and incorporates the foregoing paragraphs numbered 1 through 25
as though fully set forth herein.
27. This cause of action for patent infringement arises under 35 U.S.C. § 271.
28. Plaintiff owns all rights, title, and interest in the ‘015 Patent.
29. Upon information and belief, Defendants have directly infringed, and are
continuing to directly infringe, either literally or under the Doctrine of Equivalents, the ‘015
Patent by making, using, selling, and/or offering to sell its “Package Dimensioner” apparatuses,
which fall within the scope of one or more of the claims of the ‘015 Patent.
30. Upon information and belief, Defendants have induced and/or contributed to
infringement of the ‘015 Patent and are continuing to induce and/or contribute to infringement of
the ‘015 Patent by, among other acts, intentionally encouraging, causing, urging, and/or aiding others to directly infringe the ‘015 Patent, including, but not limited to, by offering to sell, selling, offering to lease, leasing, and/or otherwise providing others with instructions, information, and assistance for practicing the claimed invention.
31. All of the aforementioned infringing acts by Defendants are without the permission, license, or consent of Plaintiff.
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32. Upon information and belief, such acts of infringement by Defendants have been, and continue to be, willful and deliberate, and Plaintiff reasonably believes that such acts of infringement will continue in the future unless enjoined by this Court.
33. By reason of its aforementioned acts of infringement, Defendants have been unjustly enriched.
34. By reason of Defendants’ acts of infringement, Plaintiff has suffered and continues to suffer irreparable harm and damages, including, but not limited to, lost sales, lost market share, lost profits, damage to Plaintiff’s goodwill and reputation, and diminution of the inherent value of the ‘015 Patent, in an amount to be determined at trial. Defendants’ infringement further irreparably harms Plaintiff by encouraging others to infringe.
35. As a result of the continuing harm to Plaintiff and the diminution of the value of the ‘015 Patent, Plaintiff has no adequate remedy at law for Defendants’ infringement of the ‘015
Patent.
SECOND CAUSE OF ACTION Infringement of United States Patent 5,105,392
36. Plaintiff alleges and incorporates the foregoing paragraphs numbered 1 through 35 as though fully set forth herein.
37. This cause of action for patent infringement arises under 35 U.S.C. § 271.
38. Plaintiff owns all rights, title, and interest in the ‘392 Patent.
39. Upon information and belief, Defendants have directly infringed, and are continuing to directly infringe, either literally or under the Doctrine of Equivalents, the ‘392
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Patent by making, using, selling, and/or offering to sell its “Package Dimensioner” apparatuses,
which fall within the scope of one or more of the claims of the ‘392 Patent.
40. Upon information and belief, Defendants have induced and/or contributed to
infringement of the ‘392 Patent and are continuing to induce and/or contribute to infringement of
the ‘392 Patent by, among other acts, intentionally encouraging, causing, urging, and/or aiding others to directly infringe the ‘392 Patent, including, but not limited to, by offering to sell, selling, offering to lease, leasing, and/or otherwise providing others with instructions, information, and assistance for practicing the claimed invention.
41. All of the aforementioned infringing acts by Defendants are without the permission, license, or consent of Plaintiff.
42. Upon information and belief, such acts of infringement by Defendants have been, and continue to be, willful and deliberate, and Plaintiff reasonably believes that such acts of infringement will continue in the future unless enjoined by this Court.
43. By reason of its aforementioned acts of infringement, Defendants have been unjustly enriched.
44. By reason of Defendants’ acts of infringement, Plaintiff has suffered and continues to suffer irreparable harm and damages, including, but not limited to, lost sales, lost
market share, lost profits, damage to Plaintiff’s goodwill and reputation, and diminution of the
inherent value of the ‘392 Patent, in an amount to be determined at trial. Defendants’
infringement further irreparably harms Plaintiff by encouraging others to infringe.
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45. As a result of the continuing harm to Plaintiff and the diminution of the value of
the ‘392 Patent, Plaintiff has no adequate remedy at law for Defendants’ infringement of the ‘392
Patent.
THIRD CAUSE OF ACTION Infringement of United States Patent 6,850,464
46. Plaintiff alleges and incorporates the foregoing paragraphs numbered 1 through 45
as though fully set forth herein.
47. This cause of action for patent infringement arises under 35 U.S.C. § 271.
48. Plaintiff owns all rights, title, and interest in the ‘464 Patent.
49. Upon information and belief, Defendants have directly infringed, and are
continuing to directly infringe, either literally or under the Doctrine of Equivalents, the ‘464
Patent by making, using, selling, and/or offering to sell its “Package Dimensioner” apparatuses,
which fall within the scope of one or more of the claims of the ‘464 Patent.
50. Upon information and belief, Defendants have induced and/or contributed to
infringement of the ‘464 Patent and are continuing to induce and/or contribute to infringement of
the ‘464 Patent by, among other acts, intentionally encouraging, causing, urging, and/or aiding others to directly infringe the ‘464 Patent, including, but not limited to, by offering to sell, selling, offering to lease, leasing, and/or otherwise providing others with instructions, information, and assistance for practicing the claimed invention.
51. All of the aforementioned infringing acts by Defendants are without the permission, license, or consent of Plaintiff.
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52. Upon information and belief, such acts of infringement by Defendants have been, and continue to be, willful and deliberate, and Plaintiff reasonably believes that such acts of infringement will continue in the future unless enjoined by this Court
53. By reason of its aforementioned acts of infringement, Defendants have been unjustly enriched.
54. By reason of Defendants’ acts of infringement, Plaintiff has suffered and continues to suffer irreparable harm and damages, including, but not limited to, lost sales, lost market share, lost profits, damage to Plaintiff’s goodwill and reputation, and diminution of the inherent value of the ‘464 Patent, in an amount to be determined at trial. Defendants’ infringement further irreparably harms Plaintiff by encouraging others to infringe.
55. As a result of the continuing harm to Plaintiff and the diminution of the value of the ‘464 Patent, Plaintiff has no adequate remedy at law for Defendants’ infringement of the ‘464
Patent.
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WHEREFORE, Plaintiff prays for the following relief and requests that this Court:
A. Enter a judgment finding that Defendants have each directly infringed and/or induced and/or contributed to the infringement of the ‘015 Patent;
B. Enter a judgment finding that Defendants have each directly infringed and/or induced and/or contributed to the infringement of the ‘392 Patent;
C. Enter a judgment finding that Defendants have each directly infringed and/or induced and/or contributed to the infringement of the ‘464 Patent;
D. Grant a preliminary and permanent injunction against the continued direct infringement of the ‘015 Patent, the ‘392 Patent, and/or the ‘464 Patent by the Defendants, as well as any owners, officers, agents, servants, employees, attorneys, successors, and assigns of any of the Defendants, and others controlling, controlled by, affiliated with, in privity with, or in active concert with Defendants, such injunction prohibiting the making, use, sale or offering to sell, lease or offering to lease, of Defendants’ “Package Dimensioner” apparatuses;
E. Grant a preliminary and permanent injunction against the continued infringement by inducement of the ‘015 Patent, the ‘392 Patent, and/or the ‘464 Patent by Defendants, as well as any owners, officers, agents, servants, employees, attorneys, successors, and assigns of any of the Defendants, and others controlling, controlled by, affiliated with, in privity with, or in active concert with Defendants, such injunction prohibiting encouraging, causing, urging, and/or aiding others to directly infringe any or all of the ‘015 Patent, the ‘392 Patent, and/or the ‘464 Patent, including, but not limited to, by leasing, offering to lease and/or by providing to others any information, instructions or assistance for making and/or using Defendants’ “Package
Dimensioner” apparatuses;
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F. Order the destruction of all “Package Dimensioner” apparatuses and all materials
intended to induce others to make, use, sell or offer to sell, lease or offer to lease the same in the
possession, custody, or control of Defendants, as well as any owners, officers, agents, servants,
employees, attorneys, successors, and assigns of any Defendants, and others controlling,
controlled by, affiliated with, in privity with, or in active concert with Defendants;
G. Order Defendants to identify all clients, partners, employees, agents, successors,
assigns, and others having at least one “Package Dimensioner” apparatus and the number of
“Package Dimensioner” apparatuses provided to each identified individual or entity;
H. Order an accounting to determine and assess against Defendants, and award to
Plaintiff, damages of not less than a reasonable royalty and including, but not limited to, all lost
profits, together with interest and costs, arising from infringement of the ‘015 Patent, the ‘392
Patent, and/or the ‘464 Patent, and further award treble damages with interest against Defendants by reason of the willful and deliberate nature of Defendants’ patent infringement;
I. Enter a judgment finding that this case is exceptional under 35 U.S.C. § 285 and assess against Defendants, and award to Plaintiff, its reasonable attorneys’ fees incurred in bringing this action; and
J. Grant Plaintiff such other and further relief as this Court may deem just.
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Dated: April 6, 2007 DORSEY & WHITNEY LLP
By s/Paul J. Robbennolt______Devan V. Padmanabhan (#240126) Paul J. Robbennolt (#240497) Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 Telephone: (612) 340-2600
Attorneys for Plaintiff
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