Вы находитесь на странице: 1из 5


Plaintiff, vs. VOXX INTERNATIONAL CORP. Defendant. ) ) ) ) ) ) ) ) )





COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND Plaintiff EUREKA MOBILITY, INCORPORATED, for its Complaint against Defendant VOXX INTERNATIONAL CORPORATION, alleges as follows: INTRODUCTION 1. This is a civil action seeking damages for patent infringement under the patent laws of the United States, including 35 U.S.C. 271, as a result of VOXX INTERNATIONAL CORPORATION selling, offering to sell, making, having made, and/or importing into the United States goods that infringe U.S. Patent Number 7,111,814. THE PARTIES 2. Plaintiff Eureka Mobility, Inc, (EUREKA) is an Illinois corporation having a principal place of business in Odessa, Florida. EUREKA promotes and administers the use of U.S. Patent No. 7,111,814 (the 814 Patent). EUREKA is the sole assignee and holder of all rights to the 814 Patent. EUREKA has standing to sue for infringement of the 814 Patent. The 814 Patent is entitled Mounting Arm and relates to improvements in mounting an electronic device to a headrest of an automobile for viewing by a passenger in the rear seat.

3. Upon information and belief, Defendant Voxx International Corporation (VOXX) is a Delaware corporation with its headquarters and principal place of business at 180 Marcus Boulevard, Hauppauge, NY 11788. 4. Upon information and belief, VOXX sells various products under various brand names, including Audiovox Automotive Products. 5. VOXX conducts continuous and systematic business in Illinois and this District through local retailers selling products under the brand name Audiovox. For example, VOXX currently sells under the brand name Audiovox a vehicle headrest mount for an Apple iPad visual computer device. The product is entitled Rear Seat Entertainment Mount for iPad2 and the New iPad. JURISDICTION AND VENUE 6. This action arises under the patent laws of the United States, such as 35 U.S.C. 271, 281, 283 - 285. Subjection matter jurisdiction exists under 28 U.S.C. 1331 and 1338 (a). 7. This Court has personal jurisdiction over VOXX because VOXX has transacted and is transacting business in this District, both generally and regarding the specific allegations in this Complaint. Among other things, VOXX sells the infringing product at issue in this District. 8. Venue properly lies in this Court under 28 U.S.C. 1391(b), (c) and 1400(b) because VOXX is subject to personal jurisdiction and has committed acts of patent infringement in this District. FACTUAL BACKGROUND 9. On September 26, 2006, United States Patent No. 7,111,814 was duly and legally issued for an invention entitled Mounting Arm. A copy of the 814 Patent is attached hereto as Exhibit A. The provisional patent application leading to the 814 Patent, to which the 814 Patent claims priority, was filed on September 17, 2003. 2

10. Independent Claim 30 of the 814 Patent is directed to a vehicle mount for mounting an electronic component to a seat of a vehicle comprising: an arm including a mounting aperture formed within the arm; a support area for receiving the electronic component thereon, the support area attached to the arm; an attachment member for fastening at least a portion of the electronic component to the support area; a headrest of the vehicle having a rod that extends from a support surface of a seat back; the arm mounted on the support surface so that the rod of the upright member is disposed within the mounting aperture; and the arm is adjustably connected to the support area in order to provide for adjusting of the angle of the arm with respect to the support area. (Claim 30; 814 Patent). 11. VOXX sells mounting arms for an automobile headrest in the United States marketplace. The mounting arm products made and sold by VOXX include the product entitled Rear Seat Entertainment Mount for iPad 2 and the New iPad under the brand name Audiovox (the Accused Device). 12. The Accused Device sold by VOXX includes all the required elements of Claim 30. 13. VOXX has been aware of the 814 Patent since at least approximately April 5, 2013, the date of the Notice of Infringement letter sent to VOXX. The Notice of Infringement letter included an infringement claim chart for the814 Patent, and a firm offer to abate VOXXs infringement. VOXX did not accept the license offer. Follow-up letters were sent to counsel for VOXX on June 14, 2013, July 31, 2013, and August 23, 2013. COUNT I VOXX INTERNATIONAL INFRINGES CLAIM 30 OF EUREKA MOBILITYS U.S. PATENT NO. 7,111,814

14. EUREKA realleges and incorporates by reference the allegations of Paragraphs 1 though 13 of this Complaint. 3

15. EUREKA owns all rights, title, and interest in and to the 814 Patent. 16. By making, using, importing, selling, and/or offering to sell the Rear Seat Entertainment Mount for iPad 2 and the New iPad under the brand name Audiovox, VOXX has infringed Claim 30 of the 814 Patent directly, contributorily, and/or through inducement. 17. VOXX has engaged in the foregoing conduct with respect to the patent invention in the United States without authority from EUREKA during the term of the 814 Patent. 18. On information and belief, VOXX will not stop making, using, importing, selling, and/or offering for sale the Accused Device to avoid infringing Claim 30 of the 814 Patent. 19. The Accused Device is sold together with installation instructions that explain how to mount the Accused Device in a vehicle that directly infringes Claim 30 of the 814 Patent. In the alternative VOXX has acted with deliberate intent and with knowledge of the 814 patent to induce others to infringe at least claim 30 of the 814 patent, has acted in concert with others to directly or indirectly infringe the 814 patent and has controlled or directed others to directly or indirectly infringe the 814 patent, such acts each continuing to occur by VOXX. 20. VOXX has knowledge of the 814 Patent. 21. With that knowledge, VOXXs infringement has been deliberate, willful and wanton. 22. VOXXs conduct has caused EUREKA to suffer and to cause EUREKA to continue to suffer damage to its operation, reputation, and good will. 23. EUREKA has no adequate remedy at law. VOXXs conduct has caused and, if not enjoined, will continue to cause irreparable damage to EUREKA. As a result of VOXXs wrongful conduct, EUREKA is entitled to injunctive relief.

RELIEF REQUESTED WHEREFORE, EUREKA requests the Court enter a judgment in EUREKAs favor and against VOXX and against it respective subsidiaries, affiliates, agents, servants, employees, and all persons in active concert or participation with them, granting the following relief: A. An award of damages adequate to compensate EUREKA for the infringement that

has occurred, together with prejudgment interest from the date infringement of the 814 Patent began and statutory costs; B. C. D. An award to EUREKA of all remedies available under 35 U.S.C. 284; An award to EUREKA of all remedies available under 35 U.S.C. 285; A permanent injunction prohibiting further infringement, inducement and

contributory infringement of the 814 Patent; and E. Such other and further relief as this Court or a jury may deem proper and just.

JURY TRIAL DEMANDED Plaintiff hereby demands trial by jury for all issues so triable by jury. Respectfully submitted, EUREKA MOBILITY, INC. Dated: ___January 27, 2014____ By: __/s/ Steven M. Evans______ One of their attorneys Steven M. Evans CHICAGO IP LAW 1750 W. Ogden Ave., #2405 Naperville, Illinois 60567 630-544-9395 630-230-0230 (fax) sevans@chicagoiplaw.net Attorneys for Plaintiff