Case 3:17-cv-00646-JAH-JLB Document 1 Filed 03/30/17 PageID.1 Page 1 of 9 1 Edward .f\. Pennington (D.C. Bar No. 422006) (pending pro hac vice) [email protected] 2 Johll P. Moy (D.C. Bar No. 466908) (pending pro hac vice) jmQY(a),s_grlaw.com 3 Sean T.C. Phelan (D.C. Bar No. 997681) (pendingpro hac vice) [email protected] 4 Johll P. Penn~·nton (D.C. Bar No. 1018204) (pending pro hac vice) _jpennington sgrlaw.com 5 SMITH, G RELL & RUSSELL, LLP 1055 Thomas Jefferson Street, N.W., Suite 400 6 Washington D.C. 20007 Telephone: 202.263.4300 7 Facsnnile: 202.263.4329 8 Michael L. Kirby (SBN 50895) mike(a),kirbyandkirbylaw .com 9 Heather'W. Schallhorn (SBN 299760) heather(a),kirj.Jyandkirbylaw. com 10 KIRBY &'l<IRBY LLP 501 West Broadway, Suite 1720 11 San Diego, California 92101 Telephone: 619.487.1500 12 Facsimile: 619.501.5733 13 Attorneys for Plaintiff InfoGation Corp. 14 15 UNITED STATES DISTRICT COURT 16 SOUTHERN DISTRICT OF CALIFORNIA 17 18 INFOGATION CORP., Case No.: ------'17CV0646 JAH JLB 19 Plaintiff, COMPLAINT 20 v. 21 HTC CORPORATION and HTC AMERICA, INC., 22 Defendants. 23 24 25 26 27 28 {K&K02073380} Case 3:17-cv-00646-JAH-JLB Document 1 Filed 03/30/17 PageID.2 Page 2 of 9 1 Plaintiff InfoGation Corp. ("InfoGation" or "Plaintiff'), for its Complaint against 2 HTC Corporation and HTC America, Inc. (collectively, "HTC" or "Defendants"), 3 demands a trial by jmy and alleges as follows: 4 5 NATURE OF ACTION 6 1. This is an action for infiingement of U.S. Patent No. 9,528,843 ("the '843 7 patent"). The '843 patent is based on inventions of Qing Kent Pu and Hui Henry Li. 8 9 PARTIES 10 2. InfoGation is a corporation under the laws of the state of Delaware, with its 11 principal place of business at 12250 El Camino Real, Suite 116, San Diego, California 12 92130. 13 3. On infonnation and belief, Defendant HTC Corporation is a corporation 14 organized under the laws of Taiwan, Republic of China, with a principal place of 15 business at No. 23, Xinghua Road, Taoyuan District, Taoyuan City 330, Taiwan, 16 Republic of China. 17 4. On information and belief, Defendant HTC America, Inc. is a corporation 18 organized under the laws of Washington, with a p1incipal place of business at 308 19 Occidental Avenue South, Suite 300, Seattle, Washington 98104. 20 5. Joinder is proper under 35 U.S.C. § 299. The allegations of infringement 21 contained herein are asserted against the Defendants jointly, severally, or in the 22 alternative arise, at least in part, out of the same series of transactions or occuffences 23 relating to Defendants' manufacture, use, sale, offer for sale, and imp01iation of the same 24 accused products. On information and belief, Defendants are part of the same corporate 25 family of companies, and the infringement allegations herein aiise at least in paii from 26 Defendants' collective activities with respect to Defendants' accused products. 27 Questions of fact common to Defendants will aiise in the action, including questions 28 {K&K02073380} - 1 - Case 3:17-cv-00646-JAH-JLB Document 1 Filed 03/30/17 PageID.3 Page 3 of 9 1 relating to the structure and operation of the accused products and Defendants' conduct in 2 infringing and/or inducing infringement of the '843 patent. 3 4 JURISDICTION AND VENUE 5 6. This Court has subject matter jurisdiction over this matter pursuant to 28 6 U.S.C. §§ 1331 and 1338(a). 7 7. Venue is proper in this District under 28 U.S.C. §§ 139l(c) and 1400(b). 8 Plaintiffs p1incipal place of business resides within this judicial district. Moreover, HTC 9 has transacted business in this District and has committed acts to infringe and/or induce 10 infringement of the '843 patent in this District. 11 8. HTC is subject to this Comi's specific and general personal jurisdiction 12 pursuant to due process and/or the Calif01nia Long Ann Statute, due at least to its 13 substantial business in this forum, including: (i) perfonning at least a portion of those acts 14 constituting infringement and/or induced infringement alleged herein; and (ii) regularly 15 doing or soliciting business, engaging in other persistent courses of conduct, and/or 16 de1iving substantial revenue from goods and services provided to individuals in 17 Calif01nia and in this District. Moreover, Defendant HTC America, Inc. has registered 18 with the Calif01nia Secretary of State to conduct business in Califo1nia. 19 20 THE PATENT-IN-SUIT 21 9. On December 27, 2016, the United States Patent and Trademark Office duly 22 and legally issued the '843 patent, entitled "Mobile Navigation System Operating With a 23 Remote Server," naming Qing Kent Pu and Hui Henry Li as inventors. A true and 24 c01Tect copy of the '843 patent is attached hereto as Exhibit A. 25 10. Plaintiff is the owner of all 1ight, title, and interest in the '84 3 patent. 26 11. Each claim of the '84 3 patent is valid and enforceable. 27 28 {K&K02073380} - 2 - Case 3:17-cv-00646-JAH-JLB Document 1 Filed 03/30/17 PageID.4 Page 4 of 9 1 FACTUAL ALLEGATIONS 2 12. InfoGation is a pioneer in the development of on-board and handheld vehicle 3 navigation solutions. InfoGation produces vehicle-based tum-by-tum driving directions 4 with accurate voice guidance, real-time travel content, and communications integration 5 solutions for the automotive, tlucking, commercial fleet and consumer industlies. In 6 conjunction with Microsoft and Clarion, InfoGation created the first in-car computing 7 device, the AutoPC, which was powered by Microsoft's Windows CE for Automotive 8 operating system. InfoGation also licensed its software platfon11 to the Hertz rental car 9 company for the latest He1iz NeverLost navigation devices as well as to Rand McNally 10 for the IntelliRoute navigation software for its consumer, recreational vehicle, and 11 truck/fleet product lines. InfoGation and HTC are currently adverse paiiies in a pending 12 action in this Court, Case No. 3:16-cv-01902-H-JLB, regarding infiingement of U.S. 13 Patent No. 6,292,743, of which the '843 patent is a continuation. 14 13. The '843 patent was developed by Dr. Qing Kent Pu, President, CEO, and 15 Founder of InfoGation, along with Dr. Hui Herny Li. The '843 patent is directed to a 16 method for navigation in a mobile device integrated with phone functions, whereby a 17 cunent location of the mobile device is displayed on an electronic map that is generated 18 locally in the mobile device; an inquiry for a destination is accepted from a user; 19 communication is made with a server over a wireless data network; an inqui1y including 20 the cunent location and destination is sent to the server; routing data in a plain text 21 description using pre-defined generic te1n1s is received from the server; a route from the 22 cunent location to the destination is reconstlucted from the routing data by interfacing 23 with local mapping data; and the route is displayed on a display screen, with the route 24 highlighted on the electronic map and with the electronic map automatically updated to 25 indicate the mobile device is travelling. 26 14. Upon information and belief, certain HTC products, including but not 27 limited to the HTC 10, HTC Amaze, HTC Amaze 4G, HTC Aria, HTC ChaCha, HTC 28 Desire, HTC DROID DNA, HTC Droid Incredible, HTC Evo, HTC Explorer, HTC First, {K&K02073380} - 3 - Case 3:17-cv-00646-JAH-JLB Document 1 Filed 03/30/17 PageID.5 Page 5 of 9 1 HTC Google Nexus One, HTC Hero, HTC Incredible, HTC Inspire, HTC Legend, HTC 2 Merge, HTC One, HTC Primo, HTC Rezound, HTC Rhyme, HTC Sensation, HTC 3 Status, HTC ThunderBolt, HTC Vivid, and HTC Wildfire smaiiphone product lines (the 4 "Accused Products"), embody and/or practice the invention of at least one claim of the 5 '843 patent. 6 15. Each of the Accused Products performs navigation in a mobile device 7 integrated with phone functions. Specifically, each of the Accused Products is a 8 smaiiphone running the Android operating system and can com1ect to a Google Maps 9 navigation server for providing navigation. 10 16. Each of the Accused Products displays a current location of the mobile 11 device on an electronic map that is generated locally in the mobile device. 12 17. Each of the Accused Products accepts an inquiry for a destination from a 13 user, and where the accepting of the inquiiy includes receiving an initial portion of the 14 destination and completing the destination automatically without requiring the user to 15 enter a remaining portion of the destination. 16 18. Each of the Accused Products communicates with a server over a wireless 17 data network. 18 19. Each of the Accused Products sends an inquiiy including the current location 19 and destination to the server, and where the inquiry also includes a preference defined by 20 the user. 21 20. Each of the Accused Products receives routing data from the server in a 22 plain text description using pre-defined generic tenns, and where that routing data is in a 23 fonnat acceptable to other navigation devices from different vendors, each running local 24 mapping database software. 25 21. Each of the Accused Products reconstructs a route from the cmTent location 26 to the destination from the routing data by interfacing with local mapping data .