Free Amended Complaint - District Court of California - California

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DANIEL P. ALBERS (admitted pro hac vice) JOHN P. WAPPEL (admitted pro hac vice) BARNES & THORNBURG LLP One North Wacker Drive, Suite 4400 Chicago, IL 60606 Phone No.: (312) 357-1313 Fax No.: (312) 357-1313 Email: [email protected] Email: [email protected] CHRISTINE H. MCCARTHY (admitted pro hac vice) BARNES & THORNBURG LLP 750 17th Street N.W., Suite 900 Washington, D.C. 20006-4675 Phone No.: (202) 289-1313 Fax No.: (202) 289-1330 Email: [email protected] JEFFREY K. LEE, CA Bar No. 212465 KIMBERLY A. DONOVAN, CA Bar No. 160729 GCA LAW PARTNERS LLP 1891 Landings Drive Mountain View, CA 94043 Phone No.: (650) 428-3900 Fax No.: (650) 428-3901 Email: [email protected] Email: [email protected] Attorneys for Plaintiffs STAR NAVIGATION SYSTEMS GROUP LTD. and VIRAF S. KAPADIA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION STAR NAVIGATION SYSTEMS GROUP LTD., and VIRAF S. KAPADIA, Plaintiffs, v. AEROMECHANICAL SERVICES LTD., and HILARY VIEIRA, Defendants.
Case No. C 07-4820 (MMC) THIRD AMENDED COMPLAINT

Case No. C 07-4820 (MMC) THIRD AMENDED COMPLAINT DEMAND FOR JURY TRIAL Honorable Maxine M. Chesney Courtroom 7, 19th Floor

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Plaintiffs, STAR NAVIGATION SYSTEMS GROUP LTD., ("Star Navigation") and S. KAPADIA, for their Third Amended Complaint against Defendants,

AEROMECHANICAL SERVICES LTD., ("AMS") and HILARY VIEIRA allege and state: PARTIES 1. Plaintiff, Star Navigation is a Canadian corporation, with its principal place of

business in Toronto, Ontario Canada. 2. Plaintiff, Viraf S. Kapadia, is an individual residing in the City of Mississauga,

Ontario Canada. He is the co-inventor, co-owner and co-exclusive licensor, jointly with Hilary Vieira, of United States Patent No. 7,113,852 ("the `852 patent") entitled "System and Method for Transportation Vehicle Monitoring, Feedback and Control." 3. Defendant, AMS, is a Canadian corporation with its principal place of business in

Calgary, Alberta Canada. 4. Defendant, Hilary Vieira, is an individual residing in the City of Mississauga,

Ontario Canada. He is the co-inventor, co-owner and co-exclusive licensor, jointly with Viraf S. Kapadia, of the `852 patent. 5. Hilary Vieira has been joined as a defendant in this action, pursuant to Rule 19(a)

of the Federal Rules of Civil Procedure and the Court's Orders of April 8, 2008 (CM/ECF Doc. No. 60) and August 18, 2008 (CM/ECF Doc. No. 91). As a named inventor of the patent in suit he is jointly interested with Star Navigation and Mr. Kapadia in the relief sought herein, and as one of Star Navigation's exclusive licensors of the '852 patent he is a real party-in-interest. Mr. Vieira was requested to join as a plaintiff in this suit, but he declined that request and has refused to voluntarily join as a plaintiff. Without joinder of Mr. Vieira, there is no other way of securing justice for Star Navigation. Such joinder will not divest the court of subject matter jurisdiction. JURISDICTION AND VENUE 6. This is a complaint for patent infringement pursuant to 35 U.S.C. § 271 et seq.

This court has subject matter jurisdiction over Star Navigation's claims pursuant to 28 U.S.C. §§ 1331 and 1338. 7. AMS is doing business and/or has committed acts of infringement, including those 2

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alleged herein, within the State of California and/or this judicial district, subjecting it to jurisdiction within this judicial district and making venue proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400. In the alternative, should AMS not be subject to the personal

jurisdiction of any state's courts, personal jurisdiction is proper under Rule 4(k)(2) of the Federal Rules of Civil Procedure. 8. Hilary Vieira has purposefully availed himself of the privilege of obtaining a

monopoly on practicing, in the United States, the inventions claimed in U.S. Patent No. 7,113,852, by virtue of his having applied for and received U.S. Patent No. 7,113,852 from the United States Patent and Trademark Office. Therefore, at a minimum, Hilary Vieira is subject to jurisdiction and making venue proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400 and Rule 4(k)(2) of the Federal Rules of Civil Procedure. INTRADISTRICT ASSIGNMENT 9. This is an Intellectual Property Action within the meaning of Civil Local Rule

3-2(c), and is to be assigned on a district-wide basis. U.S. PATENT 7,113,852 10. On September 26, 2006 United States Patent No. 7,113,852 ("the '852 patent")

entitled "System and Method for Transportation Vehicle Monitoring, Feedback and Control" was duly and legally issued to inventors Viraf S. Kapadia and Hilary Vieira. A true and correct copy of the '852 patent is attached as Exhibit 1. 11. The '852 patent resulted from a national phase filing pursuant to 35 U.S.C. § 371

based on international patent application number PCT/IB01/01576, claiming priority to U.S. Patent Applications Ser. No. 60/219,736 and Ser. No. 60/275,520. 12. Inventors Viraf S. Kapadia and Hilary Vieira have entered into an agreement

providing Star Navigation an exclusive license under the '852 patent. A true and correct copy of the exclusive license agreement is attached as Exhibit 2. AMS'S INFRINGEMENT 13. AMS has been and still is infringing the '852 patent by importing, making, selling,

using, operating, supporting, and/or offering to sell devices and/or systems embodying one or
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more claims of the '852 patent, or inducing or contributing to the infringement by others of the '852 patent, and will continue to do so unless enjoined by this Court. 14. AMS has been, and still is infringing, at least claim 23 of the '852 patent by

importing, making, selling, using, operating, supporting, or offering to sell devices and/or systems including at least AMS's Automated Flight Information Reporting System model 200, (hereinafter referred to as the "Infringing System"). 15. AMS is also inducing or contributing to the infringement by others of the '852

patent, including at least claim 23, by importing, making, selling, using, operating, and/or supporting devices and/or systems including at least the Infringing System in concert with third parties, and/or selling or offering to sell devices and/or systems including at least the Infringing System to third parties, with the intent to induce infringement. THE HARM TO PLAINTIFFS 16. AMS, by its infringing conduct and/or its inducement of and/or contribution to

infringement by others, has caused Plaintiffs irreparable harm for which there is no adequate remedy at law. 17. AMS has engaged in its conduct willfully and in complete disregard of, and/or

with indifference to, plaintiffs' rights and interests in the '852 patent. 18. 19. Plaintiffs have suffered and will suffer damage as a result of AMS's infringement. This is an exceptional case as that term is defined in 35 U.S.C. § 285. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray that this Court: 1. Enjoin AMS and its officers, agents, servants, employees and attorneys, and those

in active concert or participation with them, who receive actual notice of the Order, from importing, manufacturing, using, selling, operating, supporting, and/or offering for sale, devices and/or systems which infringe the '852 patent. 2. Issue an order directing AMS and its officers, agents, servants, employees and

attorneys and those in active concert or participation with them who receive actual notice of the Order, to destroy all molds, machines, tooling, or other equipment used in the manufacture,
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operation, and support of devices and/or systems infringing the '852 patent. 3. Award Plaintiffs monetary damages adequate to compensate them for past

infringement consistent with 35 U.S.C. § 284, up to and including treble the amount of actual damages assessed, together with costs and prejudgment interest. 4. 5. circumstances. JURY DEMAND Plaintiffs request a trial by jury on all its claims. Award Plaintiffs their reasonable attorneys' fees pursuant to 35 U.S.C. § 285. Grant and award any and all relief found necessary and proper under these

Dated: September 3, 2008

Respectfully submitted,

By: /s/ Jeffrey K. Lee Daniel P. Albers (admitted pro hac vice) John P. Wappel (admitted pro hac vice) BARNES & THORNBURG LLP One North Wacker Drive, Suite 4400 Chicago, IL 60606 Christine H. McCarthy (admitted pro hac vice) BARNES & THORNBURG LLP 750 17th Street N.W., Suite 900 Washington, D.C. 20006-4675 Jeffrey K. Lee, State Bar No. 212465 Kimberly A. Donovan, State Bar No. 160729 GCA LAW PARTNERS LLP 1891 Landings Drive Mountain View, CA 94043 Attorneys for Plaintiffs STAR NAVIGATION SYSTEMS GROUP LTD. and VIRAF S. KAPADIA

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Case No. C 07-4820 (MMC) THIRD AMENDED COMPLAINT

CERTIFICATE OF SERVICE The foregoing document has been electronically filed with the Clerk of the Court this day through the Court's ECF system, which will provide electronic mail notice and service to counsel of record as listed below: Kevin C. McCann Paul, Hastings, Janofsky & Walker LLP 55 Second Street Twenty-Fourth Floor San Francisco, CA 94105 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 E-mail: [email protected] Robert M. Masters Timothy P. Cremen Bhaskar Kakarla Paul Hastings 875 15th Street, N.W. Washington, DC 20005 Tel: (202) 551-1700 Fax: (202) 551-1705 E-mail: [email protected], [email protected], [email protected]

Dated: September 3, 2008
CHDS01 494753

By:

/s/Tina Ernst

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