Free Amended Complaint - District Court of California - California

Case 3:07-cv-04820-MMC

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DANIEL P. ALBERS (admitted pro hac vice) JEFFREY A. RUPPEL (admitted pro hac vice) BARNES & THORNBURG LLP One N. 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 Plaintiff STAR NAVIGATION SYSTEMS GROUP LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION STAR NAVIGATION SYSTEMS GROUP LTD., ) ) ) ) ) ) ) ) ) Case No. C 07-4820 (MMC)

23 24 25 26 27 28 v. AEROMECHANICAL SERVICES LTD., Defendant. Plaintiff,

FIRST AMENDED COMPLAINT DEMAND FOR JURY TRIAL Honorable Maxine M. Chesney

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Plaintiff, STAR NAVIGATION SYSTEMS GROUP LTD., ("Star Navigation") for its First Amended Complaint against Defendant, AEROMECHANICAL SERVICES LTD., ("AMS") alleges and states:

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 patent") entitled "System and Method for Transportation Vehicle Monitoring, Feedback 28 6. STAR NAVIGATION'S PATENT On September 26, 2006 United States Patent No. 7,113,852 ("the `852 5. to the jurisdiction of this Court and making venue proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400. INTRADISTRICT ASSIGNMENT This is an Intellectual Property Action within the meaning of Civil Local seq. This court has subject matter jurisdiction over Star Navigation's claims pursuant to 28 U.S.C. §§ 1331 and 1338. 4. AMS is doing business and has committed acts of infringement, including 3. 2. AMS is a Canadian corporation with its principal place of business in 1. PARTIES Star Navigation is a Canadian corporation, with its principal place of

business in Toronto, Ontario Canada.

Calgary, Alberta Canada. JURISDICTION AND VENUE This is a complaint for patent infringement pursuant to 35 U.S.C. § 271 et

those alleged herein, within the State of California and/or this judicial district, subjecting it

Rule 3-2(c), and is to be assigned on a district-wide basis.

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and Control" was duly and legally issued to Viraf S. Kapadia and Hilary Viera and assigned to Star Navigation. A true and correct copy of the `852 patent is attached as Exhibit A.

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. AMS, by its infringing conduct and/or its inducement of infringement by also inducing or contributing to the infringement by others of the `852 patent, including at least claim 23, by selling or offering to sell to third parties, with the intent to induce infringement, at least the Infringing System. THE HARM TO STAR NAVIGATION 9. AMS has been, and still is infringing, at least claim 23 of Star Navigation's 8. AMS has been and still is infringing the `852 patent by importing, making, 7. Inventors Viraf S. Kapadia and Hilary Viera have entered into an agreement

providing Star Navigation an exclusive license to the `852 patent. DEFENDANT'S INFRINGEMENT

selling, using, operating, supporting, and/or offering to sell devices and/or systems embodying one or 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.

`852 patent by importing, making, selling, using, operating, supporting, and/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"). AMS is

others, has caused Star Navigation irreparable harm for which there is no adequate remedy at law. 11. AMS has engaged in its conduct wilfully and in complete disregard of, 3

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and/or with indifference to, Star Navigation's rights and interests. 12. Star Navigation has suffered and will suffer damage as a result of

defendant's infringement. 13. This is an exceptional case as that term is defined in 35 U.S.C. §285.

WHEREFORE, Star Navigation prays 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, operation, and support of devices and/or systems infringing the `852 patent. 3. Award Star Navigation monetary damages adequate to compensate Star

Navigation 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. § 285. 5. circumstances. Grant and award any and all relief found necessary and proper under these Award Star Navigation its reasonable attorneys' fees pursuant to 35 U.S.C.

26 27 28 JURY DEMAND Star Navigation requests a trial by jury on all its claims.

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Dated: December 18, 2007

Respectfully submitted, Daniel P. Albers Jeffrey A. Ruppel Christine H. McCarthy BARNES & THORNBURG LLP Local Counsel:

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jeffrey K. Lee, State Bar No. 212465 Kimberly A. Donovan, State Bar No. 160729 GCA LAW PARTNERS LLP By: /s/ Jeffrey K. Lee . Attorneys for Plaintiff STAR NAVIGATION SYSTEMS GROUP LTD.

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CHDS01 JRUPPEL 439354v1

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 all 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, Janofsky & Walker LLP 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: December 18, 2007

/s/ Jeffrey K. Lee Jeffrey K. Lee

.

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