Amethyst IP v. Y-Cam Solutions et. al.

7/28/2019 Amethyst IP v. Y-Cam Solutions et. al.

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK

___________________________________

Amethyst IP, LLC

Plaintiff, Civil Action No. ______________

v. JURY TRIAL DEMANDED

Y-Cam Solutions, LLC and Y-Cam Solutions Ltd.

Defendants.

___________________________________

COMPLAINT

Plaintiff Amethyst IP, LLC (Amethyst), for its Complaint against Defendants Y-Cam

Solutions, LLC (Y-Cam FL) and Y-Cam Solutions Ltd. (Y-Cam UK and together with Y-

Cam FL, Y-Cam) hereby alleges as follows:

The Parties

1. Plaintiff Amethyst is a New York limited liability company with its principal

place of business at 1225 Franklin Avenue, Suite 325, Garden City, New York 11530.

2. On information and belief, Y-Cam FL is a Florida limited liability company with

its registered agent in the State of Florida at Exportaction, LLC, 4500 140th Avenue N, Ste 101,

Clearwater, FL 33762.

3. On information and belief, Y-Cam UK is a United Kingdom company with an

address at Vision House, 3 Dee Road Richmond Surrey TW9 2JN, United Kingdom.

4. Joinder of Y-Cam FL and Y-Cam UK in this action is proper because: (1) the

right to relief arises out of the same transaction, occurrence or same transaction, occurrence, or


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series of transactions or occurrences relating to the making, using, importing into the United

States, offering for sale, or selling of the same accused product or process; and (2) questions of

fact common to all defendants or counterclaim defendants will arise in the action.

Nature of the Action

5. This is a civil action for the infringement of United States Patent No. 7,425,901

(the 901 patent) (attached as Exhibit A).

Jurisdiction and Venue

6. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the United States,

including 35 U.S.C. 271 et seq.

7. This Court has personal jurisdiction over Y-Cam because, among other things, Y-

Cam has committed, aided, abetted, contributed to, and/or participated in the commission of

patent infringement in this District and elsewhere that led to foreseeable harm and injury to

Amethyst.

8. Y-Cam has established minimum contacts within the forum such that the exercise

of jurisdiction over Y-Cam will not offend traditional notions of fair play and substantial justice.

Moreover, Y-Cam has placed products that, when combined with other products, practice the

claimed inventions of the 901 patent into the stream of commerce with the reasonable

expectation and/or knowledge that purchasers and users of such products were located within

this District. And Y-Cam has sold, advertised, marketed, and distributed products in this District

that, when combined with other products, practice the claimed inventions of the 901 patent.


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9. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and

1400(b).

The 901 patent

10. On September 16, 2008, the 901 patent, titled Baby Monitoring System With

Recording Capability was duly and legally issued by the United States Patent and Trademark

Office. Amethyst is the assignee of all rights, title, and interest in the 901 patent, and it

possesses all rights to sue and recover for any current or past infringement of the 901 patent.

Count I

Infringement of U.S. Patent No. 7,425,901

11. Paragraphs 1-10 are incorporated by reference as if fully restated herein.

12. Y-Cam has infringed, and continues to infringe, the 901 patent.

13. Y-Cam indirectly infringed, and continues to indirectly infringe, the 901 patent.

under 35 U.S.C. 271, either literally and/or under the doctrine of equivalents, by making, using,

offering for sale, selling, and/or importing into the United States camera products as claimed in

the 901 patent including at least the BABYV002 (Camera Products), along with a display

device such as an iPod, iPad or other smartphone or tablet (Display Product, and together with

the Camera Products, the 901 Infringing Products).

14. On information and belief, Y-Cam's customers directly infringe the 901 patent

under 35 U.S.C. 271, either literally and/or under the doctrine of equivalents by making, using,

selling, and/or offering for sale the 901 Infringing Products in the United States. Further, to the

extent that Y-Cam itself uses Camera Products with Display Products in the United States, Y-


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Cam directly infringes the 901 patent under 35 U.S.C. 271, either literally and/or under the

doctrine of equivalents.

15. On information and belief, Y-Cam actively, knowingly and intentionally (from at

least the date of the service of this Complaint) induces infringement of the 901 patent by

making, using, offering for sale, and selling Camera Products, as well as by contracting with

others to use, market, sell, and offer to sell Camera Products. On information and belief, Y-Cam

has also contributed to the infringement by others (e.g., Y-Cam's customers and the users of 901

Infringing Products), and continues to contribute to infringement by others, by selling, offering

to sell, or importing Camera Products into the United States, knowing (from at least the date of

the service of this Complaint) that those systems constitute a material part of the inventions of

901 Infringing Products, knowing (from at least the date of the service of this Complaint) those

systems to be especially made or adapted to infringe the 901 Patent, and knowing (from at least

the date of the service of this Complaint) that those systems are not staple articles or

commodities of commerce suitable for substantial noninfringing use.

16. By way of example, the Y-Cam instruction manual that ships with the

BABYV002 instructs customers to install a BabyPing app that enables the BABYV002 to be

used with a Display Product. A copy of this instruction manual is attached as Exhibit B.

17. Amethyst has been and continues to be damaged by Y-Cam's infringement of the

901 patent.

Prayer For Relief

Wherefore, Plaintiff Amethyst respectfully requests that this Court enter judgment

against Y-Cam as follows:


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a) adjudging that Y-Cam has infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,425,901;

b) adjudging that Y-Cam's infringement has been willful;

c) awarding Amethyst the damages to which it is entitled under 35

U.S.C. 284 for Y-Cam's past infringement and any continuing or future infringement up until

the date Y-Cam is finally and permanently enjoined from further infringement, including both

compensatory damages and enhanced/treble damages for willful infringement, and ordering a

full accounting of same;

d) finding that this case is exceptional under 35 U.S.C. 285;

e) ordering injunctive relief under 35 U.S.C. 283;

f) awarding Amethyst pre-judgment and post-judgment interest on its damages; and

g) awarding Amethyst such other and further relief in law or equity that

the Court deems just and proper.

Demand For Jury Trial

Amethyst hereby demands a trial by jury on all claims and issues so triable.

DATED: May 29, 2013 Respectfully submitted,

/s/ Mark I. Koffsky .Mark I. Koffsky

MARKI. KOFFSKY, P.C.

1225 Franklin Avenue, Suite 325Garden City, New York 11530

Phone: (516) 279-5595

Fax: (516) [email protected]

Counsel for Plaintiff


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Exhibit A


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Exhibit B


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Amethyst IP v. Y-Cam Solutions et. al.

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