interactive mounts v. milestone av technologies

ORIGINAL COMPLAINT – PAGE 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

INTERACTIVE MOUNTS, INC., Plaintiff,

v.

Civil Action No. ___________

MILESTONE AV TECHNOLOGIES LLC, Defendant.

ORIGINAL COMPLAINT

Plaintiff Interactive Mounts, Inc. (“Interactive Mounts” or “Plaintiff”) brings this action

for patent infringement against Defendant Milestone AV Technologies LLC (“Milestone” or

“Defendant”). Interactive Mounts, a small local manufacturer of mounting solutions for

classroom audiovisual technology, invented and patented an adjustable bracket for mounting

short-throw projectors over an existing structure. Milestone, a massive global conglomerate of

mounting products for audiovisual technology, has infringed and is infringing upon the claims of

Interactive Mounts’ patent by copying Interactive Mounts’ short-throw projector mounting

bracket.

NATURE OF THE ACTION

1. This is an action for patent infringement under 35 U.S.C. §§ 271, et seq. by

Interactive Mounts against Milestone.


PARTIES

2. Plaintiff Interactive Mounts is a corporation organized and existing under the laws

of the Commonwealth of Massachusetts, with a principal place of business at 275 Billerica Road,

Chelmsford, Massachusetts 01824, United States, within this judicial district.

3. Upon information and belief, Defendant Milestone is a corporation organized and

existing under the laws of Delaware, with a principal place of business at 6436 City West

Parkway, Eden Prairie, MN 55344, United States.

JURISDICTION AND VENUE

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

U.S.C. §§ 1331 & 1338.

5. Upon information and belief, Milestone regularly conducts business through its

website and the websites of its divisions, including Chief Manufacturing, and solicits sales

(including sales of allegedly infringing products) from customers located in Massachusetts

through an extensive network of authorized distributors and dealers of its products, many of

whom are physically located in Massachusetts and/or sell online to customers residing in

Massachusetts.

6. Upon information and belief, Milestone has various product group representatives

located in and/or serving customers in Massachusetts including a pro audio visual and original

equipment manufacturer representative, home audio visual representative, and a workstation

representative.

7. Upon information and belief, products that infringe upon Interactive Mounts’

patent rights have been manufactured and placed into interstate commerce by Milestone with the

intent to sell them on the widest possible geographic basis, nationwide, and have been purchased


in Massachusetts. Thus, Milestone has purposefully availed itself of the privilege of conducting

business in this judicial district, and is thus subject to personal jurisdiction in this district. At

least a portion of the patent infringement claims alleged herein arise out of or are related to one

or more of the foregoing activities.

8. Milestone is a defendant in another patent infringement lawsuit in this judicial

district brought by Interactive Mounts, Civil Action No. 1:12-cv-11448.

9. Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c) and 1400(b).

STATEMENT OF FACTS

10. The Plaintiff Interactive Mounts is a small manufacturing company located in

Chelmsford, Massachusetts, employing approximately four individuals. All of its products are

manufactured locally in Massachusetts.

11. Interactive Mounts designs and manufactures products for customers to use with

audio visual applications. Examples of Interactive Mounts branded products include systems for

mounting whiteboards (such as SMART™ and PolyVision branded boards) and projectors over

existing chalkboards.

12. Interactive Mounts is a small company that competes with very large

corporations, such as the Defendant Milestone.

13. Upon information and belief, Milestone is the largest provider of commercial and

consumer audio visual mounting products, employing approximately 1,000 individuals. Upon

information and belief, Milestone was formed by the merger of major international audio visual

equipment companies, including Chief Manufacturing, Da-Lite Screen Company, Sanus TV

Mounts, Projecta, and Procolor. Upon information and belief, Milestone is a private holding of

The Duchossois Group.


14. In order to compete with industry giants such as Milestone, Interactive Mounts

sought to secure its position in the marketplace by obtaining patents on its inventive products.

15. Interactive Mounts owns U.S. Patent No. 8,128,241 entitled “Short-Throw

Projector Mounting System” (hereinafter referred to as the “’241 Patent” or the “Patent-in-Suit”),

attached hereto as Exhibit A.

16. The invention disclosed in the Patent-in-Suit is a mounting system for a short-

throw projector which allows the projector to be installed over an existing structure.

17. Interactive Mounts has marketed and sold its inventive short-throw projector

mounting system in accordance with 35 U.S.C. § 287(a).

18. Upon information and belief, Milestone recognized Interactive Mounts’ success in

the marketplace and sought to copy Interactive Mounts’ short-throw projector mount product.

19. In April of 2013, Milestone introduced its WBAP2 Depth Adjustable Projector

Platform (“WBAP2 Product”) which “is designed to be used in combination with all WBAP2

over whiteboard mount solutions. Compatible with SMART™ UX60, UF65, & UF75 short

throw projectors. This helps achieve a single plane for mounting the SMART™ all in one i4, i5

& ix solutions over an existing dry erase board.” See Product Page attached hereto as Exhibit B.

20. Milestone’s WBAP2 Products infringe at least one claim of Interactive Mounts’

Patent-in-Suit.

FIRST CAUSE OF ACTION Infringement of U.S. Patent No. 8,128,241

21. Interactive Mounts incorporates by reference the allegations in the preceding

paragraphs as if fully set forth herein.

22. On March 6, 2012 the United States Patent and Trademark Office duly and legally

issued United States Patent No. 8,128,241 (“the ’241 Patent”), entitled “Short-Throw Projector


Mounting System,” to the listed inventor Leslie C. Bishop of North, Chelmsford, Massachusetts.

A true and correct copy of the ’241 Patent is attached hereto as Exhibit A to this Complaint.

23. Interactive Mounts is the assignee and owner of the right, title and interest in and

to the ’241 Patent, including the right to assert all causes of action arising under said Patent and

the right to any remedies for infringement of it.

24. Upon information and belief, Milestone and its customers have infringed and

continue to infringe, either literally or under the doctrine of equivalents, at least claims 1, 4, 5,

15, 18, 19 of the ’241 Patent by at least making, using, offering for sale, and/or selling, its

WBAP2 Product and are liable for infringement of the ’241 Patent pursuant to 35 U.S.C. §271.

25. Upon information and belief, Milestone has been and is contributorily infringing

and/or actively inducing others, including its customers, to infringe the ’241 Patent and sells the

WBAP2 Product with the knowledge and intent that they will be used by its customers and that

such use infringes the ’241 Patent, and the intent that such WBAP2 products are especially

designed to be and are used in a manner which infringes the ’241 Patent. The WBAP2 Products

are not staple items of commerce and have no substantial noninfringing use.

26. Milestone is a direct competitor of Interactive Mounts with respect to the subject

matter of the ’241 Patent.

27. Milestone is not licensed under the ’241 Patent.

28. As a result of Milestone’s infringement of the ’241 Patent, Interactive Mounts has

been irreparably injured. Unless such infringing acts are enjoined by this Court, Interactive

Mounts will continue to suffer additional irreparable injury.

29. As a result of Milestone’s infringement of the ’241 Patent, Interactive Mounts has

suffered, and continues to suffer, damages, in an amount not yet determined, of at least a


reasonable royalty and/or lost profits due to loss of sales, profits, and potential sales that

Interactive Mounts would have made but for Milestone’s infringing acts.

30. Upon information and belief, Milestone was aware of the existence of the ’241

Patent and its infringement of the ’241 Patent has been intentional, deliberate, and willful.

PRAYER FOR RELIEF

WHEREFORE, Interactive Mounts requests the following relief:

(a) a declaration that Milestone directly and contributorily infringes, and has

infringed, the Patent-in-Suit under 35 U.S.C. § 271, and a final judgment incorporating the same;

(b) a declaration that Milestone induces infringement of, and has induced

infringement of, the Patent-in-Suit under 35 U.S.C. § 271, and a final judgment incorporating the

same;

(c) equitable relief under 35 U.S.C. § 283, including, but not limited to, an injunction

that enjoins Milestone and any of its officers, agents, employees, assigns, representatives,

privies, successors, and those acting in concert or participation with them from infringing,

contributing to, and/or inducing infringement of the Patent-in-Suit;

(d) an award of damages sufficient to compensate Interactive Mounts for

infringement of the Patent-in-Suit by Milestone, together with prejudgment and post-judgment

interest under 35 U.S.C. § 284;

(e) an accounting for damages;

(f) an order compelling Milestone to compensate Interactive Mounts for any ongoing

and/or future infringement of the Patent-in-Suit, in an amount to be determined;

(g) a judgment holding that this is an exceptional case under 35 U.S.C. § 285

awarding Interactive Mounts its reasonable attorney fees, costs, and expenses; and


(h) such other relief as deemed just and proper by the Court.

JURY TRIAL DEMAND

Plaintiff Interactive Mounts demands a trial by jury on all issues triable by right of jury.

Respectfully Submitted by Interactive Mounts,

By and through its attorney,

Dated: April 29, 2013 /s/ Catherine Rajwani

Catherine I. Rajwani, Esq. (BBO#674443) THE HARBOR LAW GROUP 300 West Main Street, Building A, Unit 1 Northborough, MA 01532 Phone: (508) 393-9244 Fax: (508) 393-9245 Email: [email protected]

interactive mounts v. milestone av technologies

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