Life Alert Emergency Response v. Excelsis - Complaint

Case 1:18-cv-00833-UNA Document 1 Filed 06/01/18 Page 1 of 10 PageID #: 1
UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF DELAWARE
)
LIFE ALERT EMERGENCY )
RESPONSE, INC., )
) Civil Action No. 18-cv-_________
Plaintiff, )
v. ) JURY TRIAL DEMANDED
)
EXCELSIS INVESTMENTS, INC. d/b/a )
STEALTH TECHNOLOGIES, INC. , )
HSNi, LLC, and HSN, INC. )
)
Defendant.
)
COMPLAINT
Plaintiff Life Alert Emergency Response, Inc. (“Life Alert”), by and through its
undersigned counsel, files this Complaint against defendant Excelsis Investments, Inc., d/b/a
Stealth Technologies, Inc. (“Excelsis”), HSNi, LLC, and HSN, Inc. (HSNi, LLC and HSN, Inc.
being jointly referred to as “HSN” and collectively with Excelsis as “Defendants”), and alleges
as follows:
NATURE OF ACTION
1. This is an action for patent infringement against Defendants for their
infringement of U.S. Patent Nos. D753,089 (“the ‘089 Patent”) and D800,085 (“the ‘085
Patent”) (collectively, the “Asserted Patents”) and U.S. Copyright Registration No. TX 8-
437-495.
PARTIES
2. Plaintiff Life Alert is a California corporation, with its corporate headquarters
and principal place of business in the County of Los Angeles, California.
3. On information and belief, Defendant Excelsis is a Delaware corporation,

with its principal place of business located at 801 West Bay Drive, Suite 470, Largo,
Florida.
4. On information and belief, Defendant HSNi, LLC is a Delaware limited
liability company with its principal place of business at 1 HSN Drive, St. Petersburg,
Florida.
5. On information and belief, Defendant HSN, Inc. is a Delaware corporation
with its principal place of business located at 1 HSN Drive, St. Petersburg, Florida.
JURISDICTION AND VENUE
6. This action arises under the United States Patent Act, codified at 35 U.S.C. §
1 et seq., and in particular, 35 U.S.C. §§ 271, 281-285, and 289, as well as under the
Copyright Act, 17 U.S.C. § 101 et seq.
7. This Court has original jurisdiction over the subject matter of this action
under 28 U.S.C. §§ 1331 and 1338(a).
8. This Court has personal jurisdiction over Excelsis because, on information
and belief, Excelsis is incorporated in this Judicial District, has committed acts of
infringement in and from this Judicial District, and continues to commit acts of infringement
in and from this Judicial District.
9. The Court has personal jurisdiction over HSNi, LLC and HSN, Inc. because,
on information and belief, HSNi, LLC and HSN, Inc. are incorporated in this Judicial
District amd have committed acts of infringement in and from this Judicial District.
10. Venue is proper under 28 U.S.C. § 1400(b) in this District because, on
information and belief, Excelsis, HSNi, LLC, and HSN, Inc. are incorporated and therefore
deemed to reside in this District.
2
FACTS
11. Plaintiff Life Alert has been in the business of providing emergency medical
response services and related products for seniors for over thirty years.
12. Life Alert’s products include pendants and/or telephones capable of calling
emergency first responders at the push of a single button in the event of an emergency.
13. On June 3, 2014, Plaintiff’s Senior Vice President Ofer Shepher (“Shepher”)
filed U.S. Patent Application No. 29/492,849 (“the ‘849 Application”), entitled “Mobile
Telephone.”
14. On April 5, 2016, the ‘089 Patent was issued by the United States Patent and
Trademark Office (“PTO”) based on the ‘849 Application. A true and correct copy of the
‘089 Patent is attached hereto as Exhibit A and is incorporated by reference as if fully set
forth herein.
15. The ‘089 Patent is valid and enforceable. The term of the ‘089 Patent will
expire on or about April 5, 2030.
16. The ‘089 Patent discloses and claims various novel and unique designs related
to mobile telephones.
17. Plaintiff Life Alert possesses all rights of recovery under the ‘089 Patent, as
confirmed by an Exclusive License Agreement with Shepher, including the right to sue for
infringement, recourse for damages, and to seek injunctive relief.
18. On March 4, 2016, Shepher filed U.S. Patent Application No. 29/556,992
(“the ‘992 Application”), entitled “Mobile Telephone.”
19. On October 17, 2017, the ‘085 Patent was issued by the PTO based on the
‘992 Application. A true and correct copy of the ‘085 Patent is attached hereto as Exhibit B
and is incorporated by reference as if fully set forth herein.

3
20. The ‘085 Patent is valid and enforceable. The term of the ‘085 Patent will
expire on or about October 17, 2032.
21. The ‘085 Patent discloses and claims various novel and unique designs related
to mobile telephones.
22. Plaintiff Life Alert possesses all rights of recovery under the ‘085 Patent, as
confirmed by an Exclusive License Agreement with Shepher, including the right to sue for
infringement, recourse for damages, and to seek injunctive relief.
23. On or about March 24, 2015, Plaintiff Life Alert first published the User’s
Manual Life Alert HELP Pendant (“the Manual”) which accompanies Life Alert’s
emergency medical response product when sold.
24. The Manual is an original creative work entitled to copyright protection and is
subject to Copyright Registration No. TX 8-437-495 (“the ‘495 Registration”), attached
hereto as Exhibit C.
25. The ‘495 Registration has an effective date of November 16, 2017.
26. Upon information and belief, for all times relevant to this Complaint,
Defendants have been making, using, selling, or offering to sell products covered by one or
more of the designs of the Asserted Patents. By way of example, these products include, but
are not limited to, 911 Help Now Gen 2 Emergency Communicator Pendant with Two-Way
Talk and Assisted-GPS (“the Product”). Defendant Excelsis has sold the Product at least
through HSN, as shown by the printout of HSN’s website attached as Exhibit D.
27. On August 21, 2017, Plaintiff Life Alert wrote to Defendant HSN to notify
HSN of its infringement of the ‘089 Patent, as shown in Exhibit E.
28. On August 28, 2017, Defendant HSN responded to Plaintiff’s August 21 letter
4
merely to identify the supplier of the Product, as shown in Exhibit F.
29. On August 24, 2017, Plaintiff Life Alert wrote to Defendant Excelsis to notify
Excelsis of its infringement of the ‘089 Patent, as shown in Exhibit G. Defendant Excelsis
did not respond.
30. The Product entered into the stream of U.S. commerce through Defendants
and offered for sale or sold to residents in this District does not have any substantial non-
infringing uses.
COUNT I
Design Patent Infringement of ‘089 Patent – 35 U.S.C. §§ 271 and 289
31. Plaintiff repeats and realleges the allegations contained in paragraphs 1
through 30 above as if fully set forth herein.
32. The claim of the ‘089 Patent is presumed valid pursuant to 35 U.S.C. § 282.
33. Defendants, in violation of 35 U.S.C. § 271, have been and are currently
infringing, contributorily infringing, and/or inducing others to infringe the claim of the ‘089
Patent, either literally or under the doctrine of equivalents, by making, causing to be made,
using, offering for sale, selling, and/or importing into the United States, without license or
authority, at least the Product, which is covered by the claimed designs of the ‘089 Patent.
34. At least since August 21, 2017, Defendant HSN has willfully infringed and,
upon information and belief, will continue to willfully infringe, upon the claim of the ‘089
Patent by the use, manufacture, offer for sale, sale, and/or importation of the Product unless
this Court enjoins Defendant HSN’s infringing activities.
35. At least since August 24, 2017, Defendant Excelsis has willfully infringed
and, upon information and belief, will continue to willfully infringe, upon the claim of the
‘089 Patent by the use, manufacture, offer for sale, sale, and/or importation of the Product
5
unless this Court enjoins Defendant Excelsis’s infringing activities.
36. As a result of Defendants’ willful infringement of the ‘089 Patent, Plaintiff
has been damaged to an extend not yet determined.
37. Plaintiff is entitled to monetary damages adequate to compensate it for
Defendants’ infringement of a design patent under 35 U.S.C. §§ 284 and 289, increased
damages under 35 U.S.C. § 284, and interest, costs, and attorneys’ fees under 35 U.S.C. §
285. Plaintiff is further entitled to injunctive relief against such infringement pursuant to 35
U.S.C. § 283.
COUNT II
Design Patent Infringement of ‘085 Patent – 35 U.S.C. §§ 271 and 289
39. The claim of the ‘085 Patent is presumed valid pursuant to 35 U.S.C. § 282.
40. Defendants, in violation of 35 U.S.C. § 271, have been and are currently
infringing, contributorily infringing, and/or inducing others to infringe the claim of the ‘085
Patent, either literally or under the doctrine of equivalents, by making, causing to be made,
using, offering for sale, selling, and/or importing into the United States, without license or
authority, at least the Product, which is covered by the claimed designs of the ‘085 Patent.
41. At least since the date of this Complaint, Defendants have willfully infringed
and, upon information and belief, will continue to willfully infringe, upon the claim of the
‘085 Patent by the use, manufacture, offer for sale, sale, and/or importation of the Product
unless this Court enjoins Defendants’ infringing activities.
42. As a result of Defendants’ willful infringement of the ‘085 Patent, Plaintiff
has been damaged to an extend not yet determined.
6
43. Plaintiff is entitled to monetary damages adequate to compensate it for
Defendants’ infringement of a design patent under 35 U.S.C. §§ 284 and 289, increased
damages under 35 U.S.C. § 284, and interest, costs, and attorneys’ fees under 35 U.S.C. §
285. Plaintiff is further entitled to injunctive relief against such infringement pursuant to 35
U.S.C. § 283.
COUNT III
Copyright Infringement of ‘495 Registration – 17 U.S.C. § 501
45. Life Alert’s ‘495 Registration is valid and subsisting.
46. The work represented by the ‘495 Registration, i.e., the Manual, is an original
work of authorship, fixed in a tangible medium of expression from which it can be
perceived, reproduced, or otherwise communicated.
47. Defendants have had access to the Manual.
48. Defendants have reproduced and distributed and, on information and belief,
continue to reproduce and distribute, unauthorized copies of the work represented by the
‘495 Registration.
49. Defendants have infringed Life Alert’s copyright by reproducing the work
represented by the ‘495 Registration and by distributing copies without license, permission,
or privilege to do so.
50. Defendants’ copying and distribution of the work represented by the ‘495
Registration is willful and deliberate.
51. Defendants’ infringement of the work represented by the ‘495 Registration
has caused and will cause harm to Life Alert.
7
52. Defendants’ copyright infringement and the threat of continuing and future
infringement have caused, and will continue to cause, repeated and irreparable injuries to
Life Alert.
53. Life Alert’s remedies at law are not adequate to compensate for the injuries
imposed by Defendants’ infringements. Therefore, Life Alert requires an injunction
prohibiting Defendants, their agents, employees, and other persons acting in conspiracy,
concert, or participation with Defendants, in any manner, Life Alert’s copyrights, and from
inducing, aiding, causing, or contributing to such infringements by others, in violation of 17
U.S.C. § 501.
54. As a direct and proximate result of Defendants’ infringement of Life Alert’s
copyrights, Life Alert has also suffered certain monetary damages.
55. Life Alert is entitled to recover from Defendants such actual damages as it
can prove and all of Defendants’ profits (including cost savings) gained by infringement, in
accordance with 17 U.S.C. § 504(b).
JURY DEMAND
Plaintiff hereby demands a jury trial on all issues appropriate triable by jury.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Life Alert prays for judgment in his favor and against Excelsis
and HSN for the following:
(a) A judgment that Defendants have infringed the Asserted Patents;
(b) A decree that Defendants’ infringement of the Asserted Patents was willful and
deliberate;
(c) An award to Plaintiff of damages that are adequate to fully compensate it for
Defendants’ infringement of the Asserted Patents, together with prejudgment interest and costs,
8
including enhanced damages for any willful infringement under 35 U.S.C. § 284;
(d) An accounting and payment by Defendants to Plaintiff of all profits realized by
Defendants from the unlawful acts complained of herein pursuant to 35 U.S.C. § 289;
(e) A permanent injunction enjoining Defendants and those in active concert or
participation with Defendants from infringing the Asserted Patents;
(f) A finding that this case is exceptional and award Plaintiff its costs, reasonable
attorneys’ fees, and expenses in this action;
(g) An accounting for damages arising from the infringement of the Asserted Patents
by Defendants and those in privity with Defendants, including, but not limited to, those sales not
presented at trial, and an award by the Court for any such sales;
(h) A permanent injunction enjoining Defendants and those in active concert or
participation with Defendants from using Life Alert’s Manual or any works that are substantially
similar thereto or derived therefrom;
(i) An award to Plaintiff for damages adequate to compensate Life Alert for
Defendants’ acts of copyright infringement, including Life Alert’s actual damages and lost
profits in an amount to be established at trial;
(j) An accounting for Defendants’ profits attributable to their acts of copyright
infringement;
(k) An award to Plaintiff of the greater of three times Defendants’ profits or three
times any damages sustained by Life Alert, together with prejudgment interest;
(l) An award of punitive damages to Life Alert; and
(m) An award of such other and further relief, at law or in equity, as the Court may
deem just and proper.
9
PANITCH SCHWARZE BELISARIO & NADEL, LLP

Dated: June 1, 2018 By: /s/ John D. Simmons
John D. Simmons (Bar No. 5996)
Dennis J. Butler (Bar No. 5981)
Wells Fargo Tower
2200 Concord Pike, Suite 201
Wilmington, DE 19803
Telephone: (302) 394-6030
Facsimile: (215) 965-1331
jsimmons@panitchlaw.com
dbutler@panitchlaw.com
Attorneys for Plaintiff Life Alert Emergency

Response, Inc.
10
Case 1:18-cv-00833-UNA Document 1-1 Filed 06/01/18 Page 1 of 44 PageID #: 11
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
911 Help Now Gen 2 Emergency Communicator Pendant with Two-Way Talk an... Page 1 of 4
> Electronics > Accessories > Wearable Tech > 911 Help Now Gen 2 Emergency Communicator Pendant
(39) READ REVIEWS
531-919
$149.95 HSN price: $199.95
or 5 FlexPays of $29.99 You save $50.00 today!
FREE SHIPPING
This item is eligible for gift options.
PAYMENT OPTIONS: as low as $29.99 w/Flexpay
SINGLE PAYMENT OF $149.95
Qty:
1 EXPRESS BUY ADD TO BAG
OFFERS & PROMOTIONS
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Apply online or call 1-800-695-1418.
• Item qualifies for VIP Easy Returns with the HSN Card.
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https://www.hsn.com/products/911-help-now-gen-2-emergency-communicator-pe... 8/18/2017
OVERVIEW & DETAILS

911 Help Now Gen 2 Emergency Communicator Pendant
The Basics
with Two-Way Talk and Assisted-GPS Color: White
If you have a loved one who lives alone, now you can have
Measurements: Approx. 1.78"W x 0.75"W x 2.8"H
peace of mind knowing that help is just a push button away. The
Weight: Approx. 2.1 oz.
911 Help Now pendant connects to the nearest 911 dispatch
center and lets your loved one communicate via a built-in Power Source: Requires 2 CR2 Lithium batteries, installed
microphone and speaker. We love that there are no monthly Material

Plastic, metal and polyester
fees ever. Think of it as peace of mind for you and help for your Composition:
loved one when needed Country of Origin: China
MORE
REVIEWS
911 Help Now Gen 2 Emergency 5 Star 14
4 Star 5
Communicator Pendant with Two- 3 Star 3
Way Talk and Assisted-GPS 2 Star 3
1 Star 14
39 reviews 3.1 out of 5
46% WRITE A REVIEW
Would recommend to a friend
Sort by: Rating - High to Low
8/16/2017
I bought one for my mother.

After buying a generation 1 for my grandmother I decided to get one for my mother. My
mom loves is more than my grandmother. I would definitely recommend this product to
everyone.
Dre2889, FL
WAS THIS REVIEW HELPFUL? Yes (0) No (0) Report if inappropriate
7/6/2017
Cookie
I feel much safer and more secure now that I have my Emergency Communicator because
it will work anywhere I go and not just in my home. I have just received it and have read all
the instructions and it looks easy enough to operate. I haven't had any reason to use it yet,
thank goodness! I really like the GPS advantage it has in case you need it while travelling. I
think it is a very good investment!
BACK
TO TOP
cookie4204, FL
7/2/2017
The Best
This 911 product is really good. It does work. I carry it everywhere I go . Thanks a lot.
Clemence Hum l.
Clem215, PA
7/1/2017
Everyone needs this

I bought this due to have fallen 2 times in 6 weeks and I had back surgery March this year.
My last fall my cell phone ended up on my stove and I laid there for 30 minutes until I could
figure out how to get up. Now I have this on me at all times. I pray I will never need it but I
have it just in case. Thank you for getting this wonderful tool with no monthly payments after
we purchase it.Thanks again!
CLASSMATES, NC
6/30/2017
CONFIDENT AND NOT AFRAID

I have not had to use the 911 Help Now Gen 2 product as of yet, but feel very confident that
it will work when needed. I think I will test it out, since I carry it with me always since I got it
home.
mswinnie52, CT
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EXHIBIT E
EXHIBIT F
EXHIBIT G
MARTIN G. BELISARIO
(215) 965-1303/fax: (215) 965-1331
mbelisario@panitchlaw.com
August 24, 2017
Via Federal Express
Brian McFadden
Chief Executive Officer
Stealth Technologies
801 West Bay Drive, Suite 470
Largo, FL 33770
Re: Possible Infringement of U.S. Patent No. D753,089 and Copyright
Dear Mr. McFadden:
We represent Life Alert Emergency Response, Inc. (“Life Alert”) with respect to
intellectual property matters. Life Alert is the owner of U.S. Patent No. D753,089 (“the ‘089
patent”), which covers designs for a mobile telephone, as shown in the attached copy.
It has recently been brought to our attention that Stealth Technologies (“Stealth”) sells
through Home Shopping Network (“HSN”) a product called “911 Help Now Gen 2 Emergency
Communicator Pendant with Two-Way Talk and Assisted-GPS” (“the Product”). A printout of
HSN’s website selling the Product as of August 18, 2017, as well as documentation within the
Product’s packaging indicating that Stealth is the manufacturer, are attached. The Product
contains the exact configuration of elements shown in the ‘089 patent, which are particularly
clearly visible in Fig. 2, improperly exploiting the patented invention of the ‘089 patent.
In addition, the manual which accompanies the Product appears to be a nearly direct copy
of the manual for Life Alert’s products, in violation of Life Alert’s copyright rights.
Life Alert takes its intellectual property rights very seriously and respects the intellectual
property rights of others. As such, within two weeks of the date of this letter, we demand
that Stealth:
(1) immediately cease manufacturing and offering the Product for sale in the U.S.;
(2) immediately turn over or destroy any U.S. inventory of the Products and manuals;
(3) provide an accounting of all U.S. sales of the Product so that Life Alert can evaluate
any damages to which it is entitled, including the number of units sold and income received from
those sales;
{01119447;v3}
Page 2
August 24, 2017
(4) provide us with the names, addresses, and phone numbers of all customers of the
Product;
(5) identify the names, addresses, and phone numbers of all supplier(s) of the Product, if
any;
(6) identify any emergency response device similar to the Product which is imported,
sold, and/or offered for sale in the U.S. by Stealth; and
(7) confirm in writing that Stealth will immediately cease and desist from using, selling,
and importing any outlet thermostat which infringes the ‘089 patent.
Lastly, we understand this product may be manufactured in China. Life Alert also owns
Chinese Design Reg. No. ZL2014430493395.4. We also ask that all manufacturing activity
in China immediately cease and that you identify the Chinese manufacturer.
We expect to receive written confirmation from your company within two weeks from
the date of this letter that you are in the process of complying with each and every one of the
above demands. If we do not receive your written assurance within two weeks, our client is
prepare to move forward with further actions to protect its legal rights. If continued legal action
becomes necessary, our client may seek to enjoin your company from importing, selling, and/or
offering for sale in the U.S. the Product and any similar emergency response devices and will
seek to recover damages, profits, costs, and attorneys’ fees.
This letter is without prejudice to any other damages or other remedies to which Life
Alert may be entitled.
Sincerely yours,
Martin G. Belisario
Attachments
{01119447;v3}
> Electronics > Accessories > Wearable Tech > 911 Help Now Gen 2 Emergency Communicator Pendant
(39) READ REVIEWS
531-919
$149.95 HSN price: $199.95
or 5 FlexPays of $29.99 You save $50.00 today!
FREE SHIPPING
This item is eligible for gift options.
PAYMENT OPTIONS: as low as $29.99 w/Flexpay
SINGLE PAYMENT OF $149.95
Qty:
1 EXPRESS BUY ADD TO BAG
OFFERS & PROMOTIONS
HSN Credit Card Perks & Offers

Apply online or call 1-800-695-1418.
• Item qualifies for VIP Easy Returns with the HSN Card.
Restrictions apply. See Details
Ways To Save
• Enjoy free shipping with your All Electronics order. Offer reflects
discount.
• Buy More anything & Save On Shipping! See Details
LIVE PRESENTATION 14:24
SHARE THIS
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and Cordless Phone Caller Display & 3500- Wi-Fi Bulbs – Color Compact Mirror
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$89.95 $99.95 $99.95 w/Clutch
(4)
(1298) (62) $69.95
BACK
TO TOP
OVERVIEW & DETAILS

911 Help Now Gen 2 Emergency Communicator Pendant
The Basics
with Two-Way Talk and Assisted-GPS Color: White
If you have a loved one who lives alone, now you can have
Measurements: Approx. 1.78"W x 0.75"W x 2.8"H
peace of mind knowing that help is just a push button away. The
Weight: Approx. 2.1 oz.
911 Help Now pendant connects to the nearest 911 dispatch
center and lets your loved one communicate via a built-in Power Source: Requires 2 CR2 Lithium batteries, installed
microphone and speaker. We love that there are no monthly Material

Plastic, metal and polyester
fees ever. Think of it as peace of mind for you and help for your Composition:
loved one when needed Country of Origin: China
MORE
REVIEWS
911 Help Now Gen 2 Emergency 5 Star 14
4 Star 5
Communicator Pendant with Two- 3 Star 3
Way Talk and Assisted-GPS 2 Star 3
1 Star 14
39 reviews 3.1 out of 5
46% WRITE A REVIEW
Would recommend to a friend
Sort by: Rating - High to Low
8/16/2017
I bought one for my mother.

After buying a generation 1 for my grandmother I decided to get one for my mother. My
mom loves is more than my grandmother. I would definitely recommend this product to
everyone.
Dre2889, FL
7/6/2017
Cookie
I feel much safer and more secure now that I have my Emergency Communicator because
it will work anywhere I go and not just in my home. I have just received it and have read all
the instructions and it looks easy enough to operate. I haven't had any reason to use it yet,
thank goodness! I really like the GPS advantage it has in case you need it while travelling. I
think it is a very good investment!
BACK
TO TOP
cookie4204, FL
7/2/2017
The Best
This 911 product is really good. It does work. I carry it everywhere I go . Thanks a lot.
Clemence Hum l.
Clem215, PA
7/1/2017
Everyone needs this

I bought this due to have fallen 2 times in 6 weeks and I had back surgery March this year.
My last fall my cell phone ended up on my stove and I laid there for 30 minutes until I could
figure out how to get up. Now I have this on me at all times. I pray I will never need it but I
have it just in case. Thank you for getting this wonderful tool with no monthly payments after
we purchase it.Thanks again!
CLASSMATES, NC
6/30/2017
CONFIDENT AND NOT AFRAID

I have not had to use the 911 Help Now Gen 2 product as of yet, but feel very confident that
it will work when needed. I think I will test it out, since I carry it with me always since I got it
home.
mswinnie52, CT
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JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

LIFE ALERT EMERGENCY RESPONSE, INC. EXCELSIS INVESTMENTS, INC. d/b/a STEALTH
TECHNOLOGIES, INC., HSNi, LLC, and HSN, INC.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant Pinellas County, Florida
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
John D. Simmons, Panitch Schwarze Belisario & Nadel, LLP
Wells Fargo Tower, 2200 Concord Pike, Suite 201
Wilmington, DE 19803 (302) 394-6030
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
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(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
U.S. Civil Statute: 35 U.S.C. §§ 271, 281-285, and 289, as well as 17 U.S.C. § 101 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent and Copyright Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
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DATE SIGNATURE OF ATTORNEY OF RECORD
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Life Alert Emergency Response v. Excelsis - Complaint

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Life Alert Emergency Response v. Excelsis - Complaint

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Case 1:18-cv-00833-UNA Document 1 Filed 06/01/18 Page 1 of 10 PageID #: 1

UNITED STATES DISTRICT COURT FOR

1. This is an action for patent infringement against Defendants for their

2. Plaintiff Life Alert is a California corporation, with its corporate headquarters

and principal place of business in the County of Los Angeles, California.

3. On information and belief, Defendant Excelsis is a Delaware corporation,

4. On information and belief, Defendant HSNi, LLC is a Delaware limited

5. On information and belief, Defendant HSN, Inc. is a Delaware corporation

JURISDICTION AND VENUE

Copyright Act, 17 U.S.C. § 101 et seq.

under 28 U.S.C. §§ 1331 and 1338(a).

8. This Court has personal jurisdiction over Excelsis because, on information

in and from this Judicial District.

10. Venue is proper under 28 U.S.C. § 1400(b) in this District because, on

deemed to reside in this District.

expire on or about April 5, 2030.

infringement, recourse for damages, and to seek injunctive relief.

(“the ‘992 Application”), entitled “Mobile Telephone.”

and is incorporated by reference as if fully set forth herein.

expire on or about October 17, 2032.

infringement, recourse for damages, and to seek injunctive relief.

emergency medical response product when sold.

subject to Copyright Registration No. TX 8-437-495 (“the ‘495 Registration”), attached

through HSN, as shown by the printout of HSN’s website attached as Exhibit D.

HSN of its infringement of the ‘089 Patent, as shown in Exhibit E.

merely to identify the supplier of the Product, as shown in Exhibit F.

did not respond.

Design Patent Infringement of ‘089 Patent – 35 U.S.C. §§ 271 and 289

31. Plaintiff repeats and realleges the allegations contained in paragraphs 1

through 30 above as if fully set forth herein.

this Court enjoins Defendant HSN’s infringing activities.

unless this Court enjoins Defendant Excelsis’s infringing activities.

36. As a result of Defendants’ willful infringement of the ‘089 Patent, Plaintiff

has been damaged to an extend not yet determined.

37. Plaintiff is entitled to monetary damages adequate to compensate it for

Design Patent Infringement of ‘085 Patent – 35 U.S.C. §§ 271 and 289

38. Plaintiff repeats and realleges the allegations contained in paragraphs 1

through 37 above as if fully set forth herein.

unless this Court enjoins Defendants’ infringing activities.

42. As a result of Defendants’ willful infringement of the ‘085 Patent, Plaintiff

has been damaged to an extend not yet determined.

43. Plaintiff is entitled to monetary damages adequate to compensate it for

Copyright Infringement of ‘495 Registration – 17 U.S.C. § 501

44. Plaintiff repeats and realleges the allegations contained in paragraphs 1

through 43 above as if fully set forth herein.

45. Life Alert’s ‘495 Registration is valid and subsisting.

work of authorship, fixed in a tangible medium of expression from which it can be

perceived, reproduced, or otherwise communicated.

47. Defendants have had access to the Manual.

Registration is willful and deliberate.

51. Defendants’ infringement of the work represented by the ‘495 Registration

has caused and will cause harm to Life Alert.

imposed by Defendants’ infringements. Therefore, Life Alert requires an injunction

inducing, aiding, causing, or contributing to such infringements by others, in violation of 17

54. As a direct and proximate result of Defendants’ infringement of Life Alert’s

copyrights, Life Alert has also suffered certain monetary damages.

accordance with 17 U.S.C. § 504(b).

PRAYER FOR RELIEF

and HSN for the following:

(a) A judgment that Defendants have infringed the Asserted Patents;

(d) An accounting and payment by Defendants to Plaintiff of all profits realized by

(e) A permanent injunction enjoining Defendants and those in active concert or

participation with Defendants from infringing the Asserted Patents;

attorneys’ fees, and expenses in this action;