Telecommunications Research Laboratories v. At&T

Kristine L. Butler, Esquire Volpe and Koenig, P.C.
One Palmer Square Suite 315 Princeton, NJ 08542 Phone: (609) 924-7900 Fax: (609) 924-7902 Michael F. Snyder, Esquire Ryan W. ODonnell, Esquire VOLPE AND KOENIG, P.C. United Plaza 30 South 17th Street Philadelphia, Pennsylvania 19103 Phone: (215) 568-6400 Fax: (215) 568-6499 Attorneys for Plaintiff TELECOMMUNICATIONS RESEARCH LABORATORIES d/b/a TR LABS and TR TECHNOLOGIES, INC. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY TELECOMMUNICATIONS RESEARCH LABORATORIES d/b/a TR LABS, A Canadian Not For Profit Corporation, And TR TECHNOLOGIES, INC., a Canadian Corporation Plaintiffs, v. AT&T CORP., A New York Corporation Defendant. ( COMPLAINT The plaintiffs, Telecommunications Research Laboratories, formerly known as Alberta Telecommunications Research Centre, and doing business as TR Labs (TR Labs), and TR Technologies, Inc. (TR Tech) (collectively plaintiffs), allege in the afore-captioned matter as follows:
Civil Action No.: JURY TRIAL DEMANDED ELECTRONICALLY FILED
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PARTIES
1.
TR Labs is Canadas largest non-profit research consortium with its membership
including universities, companies, and government agencies. TR Labs has offices throughout western Canada, and its principal place of business is 9107 116th Street, Edmonton, Alberta, Canada T6G 2V4. 2. 3. 4. Among TR Labs members is the University of Alberta in Edmonton, Canada. TR Tech is the exclusive licensee of the patents owned by TR Labs. AT&T Corp. (AT&T) is a corporation organized under the laws of the State of
New York, with a principal place of business at One AT&T Way, Bedminster, NJ 07921. Upon information and belief, AT&T Labs, Inc. conducts the research and development for AT&T. AT&T Labs, Inc. has two locations in New Jersey, which include 180 Park Avenue, Florham Park, NJ 07932, and 200 Laurel Avenue, Middletown, NJ 07748. JURISDICTION AND VENUE 5. On information and belief, the defendant, at all relevant times, has been doing
business in this Judicial District. 6. 1338(a). 7. Venue is proper in this Judicial District pursuant to 28 U.S.C. 1400(b). FACTUAL BACKGROUND 8. TR Labs is the owner by assignment of U.S. Patent No. 6,377,543 (543 This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
Patent)(Exhibit A), entitled Path restoration of networks, and 6,654,379 (379 Patent)(Exhibit
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B), entitled Integrated ring-mesh network entitled Path restoration of networks (collectively the TR Labs patents). 9. The first named inventor on the TR Labs patents is TR Labs Chief Scientist in
Network Systems Research, Dr. Wayne D. Grover. 10. In addition to his position at TR Labs, Dr. Grover is a Professor in the Department
of Electrical and Computer Engineering at the University of Alberta in Edmonton, Canada. 11. Dr. Grover is a Fellow of the Institute of Electronic and Electrical Engineers
(IEEE), a title conferred on those engineers who have demonstrated outstanding proficiency and have achieved distinction in their profession. He is also a Fellow of the Engineering Institute of Canada, a title awarded by that organization for similar scientific achievement. 12. Among his numerous awards, in 2001-2002, the Natural Science and Engineering
Research Council of Canada named Dr. Grover an E.W.R Steacie Fellow, which recognizes highly promising scientists and engineers who are faculty members of Canadian universities. Dr. Grover was awarded the IEEEs 1999 W.R.G. Baker Prize Paper award for the most outstanding paper reporting original work in an IEEE publication, and that same year was named Canadas Outstanding Engineer in Canada by the IEEE. 13. Upon information and belief, AT&T operates, either directly or indirectly, mesh
telecommunications networks throughout the United States. 14. The mesh telecommunications networks operated directly or indirectly by AT&T
infringe the claims of the TR Labs patents in violation of 35 U.S.C. 271. COUNT I PATENT INFRINGEMENT 15. TR Labs hereby incorporates by reference paragraphs 1-14, above. 3
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16.
AT&T has directly infringed the claims of the TR Labs patents by operating,
either directly or indirectly, mesh telecommunications networks that are covered by such claims, in violation of 35 U.S.C. 271. 17. TR Labs has been, and will continue to be, irreparably harmed by AT&Ts
infringement in view of the finite patent monopoly that TR Labs enjoys as the owner of the TR Labs patents. PRAYERS FOR RELIEF WHEREFORE, TR Labs respectfully requests that this Court: a) b) Find that AT&T infringes the TR Labs patents; Order AT&T to pay TR Labs damages equal to no less than a reasonable royalty
to compensate TR Labs for the infringement of the TR Labs patents pursuant to 35 U.S.C. 284; c) Order AT&T to pay TR Labs prejudgment interest to compensate TR Labs for its
lost use of money to which it was entitled; d) e) f) and g) Award whatever additional relief the Court finds just and equitable. Find this case to be exceptional; Order AT&T to pay attorneys fees pursuant to 35 U.S.C. 285; Enjoin AT&T from further infringement of the 543 Patent and the 379 Patent;
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Respectfully submitted,
_s/ Kristine L. Butler Kristine L. Butler, Esquire Volpe and Koenig, P.C. One Palmer Square Suite 315 Princeton, NJ 08542 Phone: (609) 924-7900 Fax: (609) 924-7902 E-mail: [email protected] Michael F. Snyder, Esquire Ryan W. ODonnell, Esquire VOLPE AND KOENIG, P.C. United Plaza 30 South 17th Street Philadelphia, Pennsylvania 19103 Phone: (215) 568-6400 Fax: (215) 568-6499 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff TELECOMMUNICATIONS RESEARCH LABORATORIES d/b/a TR LABS and TR TECHNOLOGIES, INC. OF COUNSEL: George C. Summerfield STADHEIM & GREAR, LTD. 400 North Michigan Avenue, Suite 2200 Chicago, Illinois 60611 Telephone: (312) 755-4400 Facsimile: (312) 755-4408 Email: [email protected] Date: August 6, 2012
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JURY DEMAND TR Labs hereby demands a trial by jury on all issues so triable. Respectfully submitted,
_s/ Kristine L. Butler Kristine L. Butler, Esquire Volpe and Koenig, P.C. One Palmer Square Suite 315 Princeton, NJ 08542 Phone: (609) 924-7900 Fax: (609) 924-7902 E-mail: [email protected] Michael F. Snyder, Esquire Ryan W. ODonnell, Esquire VOLPE AND KOENIG, P.C. United Plaza 30 South 17th Street Philadelphia, Pennsylvania 19103 Phone: (215) 568-6400 Fax: (215) 568-6499 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff TELECOMMUNICATIONS RESEARCH LABORATORIES d/b/a TR LABS and TR TECHNOLOGIES, INC. OF COUNSEL: George C. Summerfield STADHEIM & GREAR, LTD. 400 North Michigan Avenue, Suite 2200 Chicago, Illinois 60611 Telephone: (312) 755-4400 Facsimile: (312) 755-4408 Email: [email protected] Date: August 6, 2012 .
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RULE 11.2 CERTIFICATION We hereby certify that this matter in controversy is not the subject of any other action pending in any court, or of any pending arbitration or administrative proceeding.
Respectfully submitted,
_s/ Kristine L. Butler Kristine L. Butler, Esquire Volpe and Koenig, P.C. One Palmer Square Suite 315 Princeton, NJ 08542 Phone: (609) 924-7900 Fax: (609) 924-7902 E-mail: [email protected] Michael F. Snyder, Esquire Ryan W. ODonnell, Esquire VOLPE AND KOENIG, P.C. United Plaza 30 South 17th Street Philadelphia, Pennsylvania 19103 Phone: (215) 568-6400 Fax: (215) 568-6499 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff TELECOMMUNICATIONS RESEARCH LABORATORIES d/b/a TR LABS and TR TECHNOLOGIES, INC. OF COUNSEL: George C. Summerfield STADHEIM & GREAR, LTD. 400 North Michigan Avenue, Suite 2200 Chicago, Illinois 60611 Telephone: (312) 755-4400 Facsimile: (312) 755-4408 Email: [email protected] Date: August 6, 2012
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Telecommunications Research Laboratories v. At&T

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Kristine L. Butler, Esquire Volpe and Koenig, P.C.

Civil Action No.: JURY TRIAL DEMANDED ELECTRONICALLY FILED

TR Labs is Canadas largest non-profit research consortium with its membership

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