Innovative Wireless Solutions v. Alh Properties No. One

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Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00322: Innovative Wireless Solutions, LLC v. Alh Properties No. One, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l85F for more info.
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  1IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONINNOVATIVE WIRELESS §SOLUTIONS, LLC, § Civil Case No. 2:13-cv-322§Plaintiff, §§v. §  JURY TRIAL DEMANDED  §   ALH PROPERTIES NO. ONE, INC. §§§Defendant. § COMPLAINT FOR PATENT INFRINGEMENT  Plaintiff Innovative Wireless Solutions, LLC, by way of its Complaint for PatentInfringement (“Complaint”) against Defendant ALH Properties No. One, Inc., alleges as follows: NATURE OF THE ACTION 1.    This is an action for patent infringement arising under the patent laws of theUnited States, 35 U.S.C. § 1 et seq .  THE PARTIES 2.   Plaintiff Innovative Wireless Solutions, LLC (“IWS”) is a Texas limited liabilitycompany with a place of business at 555 Republic Drive, Suite 200, Plano, Texas 75074.3.   On information and belief, Defendant ALH Properties No. One, Inc. is acorporation organized under the laws of the State of Texas with a principal place of business at10700 Richmond Avenue, Ste. 120, Houston, Texas 77042-4905. On information and belief,Defendant ALH Properties No. One, Inc. owns and operates multiple lodging facilities withinthis District.  24.   ALH Properties No. One, Inc. will be referred to herein as “ALH” or“Defendant.”  JURISDICTION AND VENUE 5.    This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Code.6.    This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.7.   On information and belief, Defendant is subject to the jurisdiction of this Court byreason of its acts of patent infringement which have been committed in this Judicial District, andby virtue of its regularly conducted and systematic business contacts in this State. Further,Defendant has operated infringing wireless networks in the forum which are at least used inand/or accessible at Defendant’s locations in this forum. On information and belief, Defendant issubject to this Court’s specific and general personal jurisdiction, pursuant to due process and/orthe Texas Long Arm Statute, due at least to its substantial business in this forum, includingbusiness related to the infringements alleged herein. Further, on information and belief,Defendant is subject to the Court’s general jurisdiction as a result of its activities in the forum,including, regularly doing or soliciting business, engaging in other persistent courses of conduct,and/or deriving substantial revenue from goods and services provided to persons or entities in Texas. As such, Defendant has purposefully availed itself of the privilege of conductingbusiness within this Judicial District; has established sufficient minimum contacts with this Judicial District such that it should reasonably and fairly anticipate being haled into court in this Judicial District; has purposefully directed activities at residents of this State; and at least aportion of the patent infringement claims alleged herein arise out of or are related to one or moreof the foregoing activities.8.   Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(c) and 1400(b).  3  THE PATENTS-IN-SUIT 9.    The allegations set forth in the foregoing paragraphs 1 through 8 are herebyrealleged and incorporated herein by reference.10.   On June 15, 1999, U.S. Patent Number 5,912,895 (the “‘895 Patent”), entitled“Information network access apparatus and methods for communicating information packets viatelephone lines,” was duly and legally issued by the United States Patent and Trademark Office.A true and correct copy of the ‘895 Patent is attached as Exhibit A to this Complaint.11.   On December 4, 2001, U.S. Patent Number 6,327,264 (the “‘264 Patent”), entitled“Information network access apparatus and methods for communicating information packets viatelephone lines,” was duly and legally issued by the United States Patent and Trademark Office.A true and correct copy of the ‘264 Patent is attached as Exhibit B to this Complaint.12.   On July 1, 2003, U.S. Patent Number 6,587,473 (the “‘473 Patent”), entitled“Information network access apparatus and methods for communicating information packets viatelephone lines,” was duly and legally issued by the United States Patent and Trademark Office.A true and correct copy of the ‘473 Patent is attached as Exhibit C to this Complaint.13.   IWS is the assignee and owner of the right, title and interest in and to the ‘895,‘264 and ‘473 Patents (henceforth collectively the “patents-in-suit”) including the right to assertall causes of action arising under said patents and the right to any remedies for infringement. COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,912,895 14.    The allegations set forth in the foregoing paragraphs 1 through 13 are herebyrealleged and incorporated herein by reference.15.   IWS provided actual notice to Defendant of its infringement of the ‘895 Patent inits letter dated April 10, 2013 from IWS to Defendant. In this letter, IWS informed Defendantthat it was infringing the ‘895 Patent by making, using, offering to sell, and selling the use of an  4IEEE 802.11 wireless network that includes a wireless access point (“WAP”) connected to anEthernet network (collectively, “wireless Internet access”). IWS’s letter further informedDefendant that its wireless network satisfied all of the limitations of at least claim 48 of the ‘895patent in at least the following manner:a.    The WAP in the Defendant’s WiFi network provides communication witha CSMA/CD network (an Ethernet network) via a bidirectional communications path (an802.11 wireless path).b.    The WAP is located at a first end of the 802.11 wireless path and includesan Ethernet interface to an Ethernet network. Ethernet is a CSMA/CD technology. TheWAP includes a buffer for buffering information packets received from the Ethernetnetwork via the Ethernet interface for supply to the 802.11 wireless path. The WAP alsoincludes a buffer for buffering information packets received from the 802.11 wirelesspath for supply to the Ethernet network via the Ethernet interface. The WAP alsoincludes a controller that implements the medium access control (“MAC”) protocol asdefined in IEEE 802.11.c.   A wireless station is connected at a second end of the 802.11 wirelesspath. The wireless station includes a buffer for buffering information packets receivedfrom the 802.11 wireless path, a buffer for buffering information packets to be suppliedto the 802.11 wireless path, and a MAC controller.d.    The MAC controller in the WAP and the MAC controller in the wirelessstation are arranged to exchange control information over the 802.11 wireless path so asto allow information packets to be communicated bi-directionally over the 802.11
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