tyco fire & security et. al. v. tyco integrated security et. al

8/13/2019 Tyco Fire & Security et. al. v. Tyco Integrated Security et. al.

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UNITED STATES DISTRICT COURT .,SOUTHERN DISTRICT OF FLORIDACASE NO,:

TYCO FIRE A SECURITY GMBH,SENSORMATIC ELECTRONICS, LLC, ANDTYCO INTEGRATED SECURITY, LLC,Plaintiffs,

NINGBO SIGNATRONIC TECHNOLOGIES,LTD., ALL-TAG SECURITY AMERICA,INC., BEST SECURITY INDUSTRIES, ANDSIGNATRONIC CORPORATION.

Defendants.

COMPLAINT FOR PATENT INFRINGEMENTPlaintiffs, Tyco Fire k Security GmbH ( TFSG ), Sensormatic Electronics, LLC

( Sensormatic ) and Tyco Integrated Security, LLC ( TIS ) (collectively, Tyco orPlaintiffs ), for their complaint against Defendants Ningbo Signatronic Technologies, Ltd.( Ningbo ), All-Tag Security America, Inc. ( All-Tag America ), Best Security Industries( Best ) and Signatronic Corporation ( Signatronic ) (collectively, Ningbo, All-Tag America,Best and Signatronic are Defendants ), allege as follows:

NATURE OF THE LAWSUITThis is an action for patent infringement of United States Patent Numbers

5,729,200 and 6,181,245, arising under the patent laws of the United States of America, Title 35of the United States Code.


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JURISDICTION AND VENUE2. This Court has subject matter jurisdiction pursuant to 28 U.S.C ) 1331, 1338,

2201 and 2202.3. The Court has personal jurisdiction over each Defendant pursuant to, inter alia,

Florida's long-arm statute, Florida Statute 48.193, in that each Defendant: (a) operates,conducts, engages in, and/or carries on a business or business adventure(s) in Florida and/or hasan office or agency in Florida; (b) has committed one or more tortious acts within Florida; (c)was and/or is engaged in substantial and not isolated activity within Florida; and/or (d) haspurposely availed itself of Florida's laws, services and/or other benefits and therefore shouldreasonably anticipate being hailed into one or more of the courts within the State of Florida.

4 Venue is appropriate in this district pursuant to 28 U.S.C. ) 1391 and 28 U.S.C 1400.

THE PARTIESPlaintiff TFSG is a Swiss limited liability company, with a principal place of

business at Victor-von Bruns Strasse 21,Neuhausen am Rheinfall 8212, Switzerland.Plaintiff Sensormatic is a Nevada limited liability company with a principal place

of business at 6600 Congress Avenue, Boca Raton, Florida 33487.7. Plaintiff TIS is a Delaware limited liability company with a principal place of

business at 1501 Yamato Road, Boca Raton, Florida.8. On information and belief, Defendant Ningbo is a Chinese corporation organized

under the laws of the Peoples Republic of China with its principal place of business at 505MingZhou Road (West) BeiLun District Ningbo, P.R. China 315800. Ningbo manufactures,imports, sells, and offers to sell infringing acousto-magnetic ( AM ) labels to customers withinthis Judicial District in the State of Florida.


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9. On information and belief, Defendant All-Tag America is a Florida corporationorganized under the laws of Florida with a principal place of business at 1155 Broken SoundParkway, NW, Unit E. Arvida Park of Commerce, Boca Raton, Florida 33487. All-TagAmerica, distributes Ningbo's infringing AM labels within this Judicial District in the State ofFlorida and elsewhere in the State of Florida and the United States.

10. On information and belief, Defendant Signatronic is a Florida corporationorganized under the laws of Florida with a principal place of business at 1155 Broken SoundParkway NW Unit E, Boca Raton, Florida 33487. Signatronic distributes, imports, sells andoffers to sell Ningbo's infringing AM labels within this Judicial District in the State of Floridaand elsewhere in the State of Florida and the United States.

11. On information and belief, Defendant Best is a Delaware corporation organizedunder the laws of Delaware with a principal place of business at 775 NW 17 'venue Suite 101,Delray Beach, FL 33445. Best distributes Ningbo's infringing AM labels within this JudicialDistrict in the State of Florida and elsewhere in the State of Florida and the United States.

FACTUAL BACKGROUND12. For many years, Tyco has been the industry leader in designing and

manufacturing Electronic Article Surveillance ( EAS ) systems. Such systems are typically usedto detect and deter shoplifting in retail stores.

13. Tyco's EAS systems typically employ a marker, such as a tag or label, that isaffixed to goods for sale. This case involves disposable EAS labels. When a customer attempts toleave a store with goods, if the labels have not been deactivated by a store employee, the labelsare detected by a pedestal at the store's exit and an alarm is sounded.


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19. TFSG granted TIS and Sensormatic an exclusive license in the '200 Patent andthe '245 Patent,

20. Tyco owns all right, title and interest in, and/or have standing to sue forinfringement of the '200 Patent and the '245 Patent.

B. Prior Decision Bv This District On Asserted Patents21. The Honorable Daniel T.K.Hurley found that The Tag Company LLC and Phenix

Label Company infringed the '200 Patent and '245 Patent and also found the patents enforceableand not invalid. Sensormatic Electronics Corporation v. The Tag Company US LLC, et al., 9:06-cv-81105-DTKH (SDFL) at 4. The Federal Circuit affirmed the District Court Judgment.Sensormatic Electronics, LLC v. Philip Von Kahle, No. 2009-1193, slip op. at 1 (Fed. Cir. Feb.17, 2010).

COUNT I(Infringement of U.S. Patent No. 5,279,200)

22. Plaintiffs incorporate by reference paragraphs 1-17 and 19-21,23. On information and belief, the Defendants make, use, offer for sale and/or sell in

the State of Florida and/or elsewhere in the United States, EAS labels using AM technology.24. The AM Labels, including AM label T3, AM label T2, AM label K3, AM label

K2, AM Roll Label Rk2, and AM label H3 labels, fall within the scope of the claims for the '200Patent.

25. The Defendants act in making, using, offering to sell, and/or selling, within theState of Florida and/or elsewhere in the United States, the AM Labels infringe the claims of the'200 Patent under 35 U.S.C ( 271 without authority to do so.

26. On information and belief, the acts of infringement of the '200 Patent allegedabove are and have been willful, knowing, and deliberate,


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27. Tyco will suffer irreparable injury unless the Defendants are enjoined frominfringing, inducing infringement of, and/or contributing to the infringement of the '200 Patent.

28. Tyco has no adequate remedy at law.COUNT II

(Infringement ofU.S. Patent No. 6,181,245)29. Plaintiffs incorporate by reference paragraphs 1-16 and 18-21.30, On information and belief, the Defendants make, use, offer for sale and/or sell in

the State of Florida and/or elsewhere in the United States, EAS labels using AM technology.31. The AM Labels, including AM label T3, AM label T2, AM label K3, AM label

K2, AM Roll Label Rk2, and AM label H3 labels, fall within the scope of the claims for the '245Patent.

32. The Defendants'cts in making, using, offering to sell, distributing and/or selling,within the State of Florida and/or elsewhere in the United States, the AM Labels infringe theclaims of the '245 Patent under 35 U.S.C 271 without authority to do so.

33. On information and belief, the acts of infringement of the '245 Patent allegedabove are and have been willful, knowing, and deliberate.

34. Tyco will suffer irreparable injury unless the Defendants are enjoined frominfringing, inducing infringement of, and/or contributing to the infringement of the '245 Patent.

35. Tyco has no adequate remedy at law.DEMAND FOR TRIAL BY JURY

Plaintiffs demand a trial by jury of all claims and all issues triable by jury in this action.


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PRAYER FOR RELIEFWHEREFORE, Tyco respectfully prays that this Court grant the following relief:

a. Adjudging that Defendants have infringed one or more claims of the '200Patent and the '245 Patent;

b. Permanently enjoining Defendants and their directors, officers, employees,attorneys, agents and all persons in active concert or participation with any of the foregoing fromfurther acts of infringement, contributory infringement and inducement of infringement of the'200 Patent and the '245 Patent;

c. Awarding Plaintiffs damages adequate to compensate them forDefendants'nfringement of the '200 Patent and the '245 Patent including pre-judgment andpost-judgment interest at the maximum rate permitted by law;

d. Adjudging that Defendants'nfringement of the '200 Patent and the '245Patent is willful and deliberate, and, therefore, that Plaintiffs are entitled to treble damages andinterest as provided by 35 U.S.C. 284;

e. Adjudging that this case is exceptional, and, therefore, that Plaintiffs areentitled to attorneys'ees, expenses, and costs, together with interest, pursuant to 35 U,S,C. 284 and 285; and

f. Granting such further and other relief as this Court deems just and proper.


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Date: December 11,2013

OfCounselRichard F.O'alleySIDLEY AUSTIN LLPOne South DearbornChicago, Illinois 60603Tel: (312)853-7000Fax: (312) 853-7036

Respectfully Submitted,SHUTTS BOWFN LLP201 South Biscayne Boulevard1500Miami CenterMiami, Florida 33131Tel: (305) 347-7311Fax; (305) 347-7835

Brian R. NesterMichael R, FranzingerBrian P, JohnsonSIDLEY AUSTIN LLP1501 K Street, N.W.Washington, D.C. 20005Tel: (202) 736-8000Fax: (202) 736-8711

By: /s/ Stenhen B.GillmanStephen B.GillmanFlorida Bar No. 196734spillmangcbshutts.cornCounsel for Tyco Fire Security GmbH,Sensormatic Electronics, LLC and TycoIntegrated Security, LLC

MIADOCS 8474581 5

tyco fire & security et. al. v. tyco integrated security et. al

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