1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Plaintiff Radio Systems Corporation alleges as follows for its Complaint against Defendants D.E. Systems, Inc.

, and D.T. Systems, Inc. PARTIES Plaintiff Radio Systems Corporation (Radio Systems) is a corporation organized COMPLAINT vs. D.E. SYSTEMS, INC., AND D.T. SYSTEMS, INC., Defendants. RADIO SYSTEMS CORPORATION, Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION

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under the laws of the State of Delaware with its principal place of business at 10427 PetSafe Way, Knoxville, Tennessee 37932. 2. On information and belief, Defendant D.E. Systems, Inc., (D.E. Systems) is a

corporation organized under the laws of the State of Texas with its principal place of business at 2872 Walnut Hill Lane, Dallas, Texas 75229. 3. On information and belief, Defendant D.T. Systems, Inc., (D.T. Systems) is a

corporation organized under the laws of the State of Texas with its principal place of business at

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2872 Walnut Hill Lane, Dallas, Texas 75229. Upon information and belief, D.T. Systems is the parent corporation of D.E. Systems.

JURISDICTION AND VENUE 4. 5. This action arises under the patent laws of the United States, 35 U.S.C. 271 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331, 1332, and

1338. The amount in controversy, without interest and costs, exceeds the sum or value specified by 28 U.S.C. 1332. 6. On information and belief, Defendants are subject to personal jurisdiction in this

judicial district, consistent with the principles of due process and the Tennessee Long Arm Statute, Tenn. Code Ann. 20-2-214, because Defendants have offered their products for sale in this judicial district, have transacted business in this judicial district, have committed acts of patent infringement in this judicial district, and have placed infringing products into the stream of commerce through established distribution channels with the expectation that such products will be purchased by residents of this judicial district. 7. 8. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1401(b). Joinder of these defendants is proper under 35 U.S.C. 299 because, upon

information and belief, at least one of the products accused of infringement is made, imported, sold, or offered for sale by both defendants, and questions of fact common to all defendants will arise in the action. FACTUAL ALLEGATIONS 9. Radio Systems owns the entire right, title, and interest to United States Letters Patent

No. 5,913,284, entitled Stimulation Device and Technique, which issued on June 22, 1999 to Van Curen, et al. (the 284 Patent) and United States Letters Patent No. 6,073,589, entitled

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Stimulation Device and Technique, which issued June 13, 2000 to Van Curen, et al. (the 589 Patent) (collectively, the Radio Systems Patents). A true and correct copy of the 284 Patent is attached as Exhibit A. A true and correct copy of the 589 Patent is attached as Exhibit B. 10. Defendants have infringed and continue to infringe one or more claims of the Radio

Systems Patents by, at least, offering to sell and selling within the United States, products covered by or practicing processes covered by one or more inventions claimed in the Radio Systems Patents. 11. Defendants have profited and continue to profit through infringement of the Radio

Systems Patents. Because of Defendants unlawful infringement of the Radio Systems Patents, Radio Systems has suffered and will continue to suffer damages. 12. On information and belief, Defendants infringement of the Radio Systems Patents

is willful and deliberate, entitling Radio Systems to enhanced damages and reasonable attorney fees and costs. 13. On information and belief, Defendants intend to continue infringing one or more

claims of the Radio Systems Patents. Because of Defendants unlawful infringement of the Radio Systems Patents, Radio Systems has suffered and will continue to suffer irreparable harm for which there is no adequate remedy at law from Defendants unlawful infringement of the Radio Systems Patents unless Defendants are enjoined by this Court.

COUNT I

Infringement of United States Patent No. 5,913,284

14. Radio Systems incorporates the allegations contained in Paragraphs 1 through 13 of

this Complaint by reference as if fully set forth herein. 15. Defendant D.E. Systems has directly infringed and continues to directly infringe one

or more claims of the 284 Patent by, at least, offering to sell and selling within the United States,

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products covered by at least claims 1-6, 10, and 11 of the 284 Patent including, but not limited to the Border Patrol TC1. 16. Defendant D.T. Systems has directly infringed and continues to directly infringe one

or more claims of the 284 Patent by, at least, offering to sell and selling within the United States, products covered by at least claims 1-6, 10, and 11 of the 284 Patent including, but not limited to, the H20 1800 Series Remote Trainers, the H20 1800 Plus Series Remote Trainers, and the SPT 2400 Series Remote Trainers, and the Border Patrol TC1. 17. Radio Systems has suffered damages in an amount to be determined at trial.

Defendants infringement of the 284 Patent is willful and deliberate, entitling Radio Systems to enhanced damages and reasonable attorney fees and costs. Further, Radio Systems has suffered and will continue to suffer irreparable harm for which there is no adequate remedy at law from Defendants unlawful infringement of the Radio Systems Patents unless Defendants are enjoined by this Court. COUNT II

Infringement of United States Patent No. 5,913,589

18. Radio Systems incorporates the allegations contained in Paragraphs 1 through 17 of

this Complaint by reference as if fully set forth herein. 19. Defendant D.E. Systems has directly infringed and continues to directly infringe, and

has induced others to infringe and continues to induce others to infringe, one or more claims of the 589 Patent by, at least, offering to sell and selling within the United States, products covered by and practicing processes covered by at least claims 13-21 of the 589 Patent including, but not limited to, the Border Patrol TC1. 20. Defendant D.T. Systems has directly infringed and continues to directly infringe, and

has induced others to infringe and continues to induce others to infringe, one or more claims of the

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589 Patent by, at least, offering to sell and selling within the United States, products covered by or practicing processes covered by at least claims 13-21 of the 589 Patent including, but not limited to the H20 1800 Series Remote Trainers, the H20 1800 Plus Series Remote Trainers, the SPT 2400 Series Remote Trainers, and the Border Patrol TC1. 21. Radio Systems has suffered damages in an amount to be determined at trial.

Defendants infringement of the 589 Patent is willful and deliberate, entitling Radio Systems to enhanced damages and reasonable attorney fees and costs. Further, Radio Systems has suffered and will continue to suffer irreparable harm for which there is no adequate remedy at law from Defendants unlawful infringement of the 589 Patent unless Defendants are enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff Radio Systems Corporation prays that this Court take jurisdiction of this cause and enter an order of judgment against Defendants D.E. Systems, Inc., and D.T. Systems, Inc., granting the following relief: a. Enter a restraining order and preliminary and permanent injunctions enjoining

Defendants, including their officers, agents, servants, representatives, employees, attorneys, and all other persons acting in concert with them, from making, using, offering to sell, selling, and importing any products covered by or practicing processes covered by one or more claims of the Radio Systems Patents; b. Order Defendants to file sworn declarations with this Court certifying the manner in

which they have complied with the terms of the injunctions within ten (10) days from entry of the injunctions; c. d. Adjudge Defendants to have infringed one or more claims of the 284 Patent; Adjudge Defendants to have infringed one or more claims of the 589 Patent;

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e.

Order an accounting be made, at Defendants expense, to determine Radio Systems

damages for Defendants infringement of one or more claims of the Radio Systems Patents; f. Award Radio Systems treble damages, pursuant to 35 U.S.C. 284, to compensate

Radio Systems for the harm caused by Defendants willful and deliberate infringement of one or more claims of the Radio Systems Patents, including but not limited to Defendants profits derived by reason of their wrongful acts or as determined by an accounting; g. h. Award Radio Systems pre-judgment and post-judgment interest; Award Radio Systems its reasonable attorney fees and costs associated with the

prosecution of this action; and i. Award Radio Systems such other and further relief as the Court may deem just. DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Radio Systems demands trial by jury in this action of all issues so triable.

Respectfully submitted, s/R. Bradford Brittian R. Bradford Brittian (Reg. No. 7,130) John T. Winemiller (Reg. No. 21,084) MERCHANT AND GOULD PC 110 Tyson Blvd, Ste. 203 Alcoa, TN 37701 (865) 380-5960 Voice (865) 380-5999 Facsimile bbrittian@merchantgould.com jwinemiller@merchantgould.com Attorneys for Plaintiff Radio Systems Corporation