1

Plaintiff One-E-Way, Inc. brings the following complaint for patent infringement 2 against Defendant JayBird Gear, LLC. 3 4 1. PARTIES Plaintiff One-E-Way, Inc. (One-E-Way) is a Delaware corporation with a

5 principal place of business at 500 Santa Paula Avenue, Pasadena, California 91107. 6 2. On information and belief, Defendant JayBird Gear, LLC is a limited 7 liability company organized under the laws of Utah, having its principal place of 8 business located at 9980 S 300 W, Suite 200, Sandy, Utah 84070. Defendant JayBird 9 can be served with process by serving its registered agent for service of process, Tana 10 Davis, at 9980 S 300 W, Suite 200, Sandy, Utah 84070. 11 12 3. JURISDICTION AND VENUE This is an action for patent infringement arising under the patent laws of

13 the United States, 35 U.S.C. 101 et seq. 14 4. Subject matter jurisdiction is conferred upon this Court pursuant to 28 15 U.S.C. 1331 and 1338(a). 16 5. The Court has general and specific personal jurisdiction over Defendant, 17 and venue is proper pursuant to 28 U.S.C. 1391(b), (c), and 1400(b). Defendant has 18 substantial contacts with the forum as a result of pervasive business activities conducted 19 20 21 22 23 6. within the State of California and within this District. Defendant regularly solicits business in, and derives substantial revenue from products and/or services provided to individuals residing in California and, particularly, the Central District of California. OPERATIVE FACTS On March 6, 2012, United a es a en . , , ( e pa en )

24 was duly and legally issued by the United States Patent and Trademark Office to C. Earl 25 W lf rk f r an inven i n en i led Wireless Digi al Audi Music ys em, a rue and 26 correct copy of which is attached hereto as Exhibit A, and incorporated herein by 27 reference. 28
-2.

1 2

7. 8.

Mr. Woolfork is a resident of Pasadena, California. One-E-Way wns e en ire rig , i le, and in eres in and e

3 patent and all rights to enforce this action and recover damages for the past, present and 4 future infringement by Defendant complained of herein. 5 9. T e pa en is a c n inua i n f applica i n . 2/570, 4 , filed n 6 September 30, 2009, now Patent No. 7,865,258, which is a continuation of application 7 No. 12/144,729, filed on July 12, 2008, now Patent No. 7,684,885, which is a 8 continuation of application No. 10/648,012, filed on August 26, 2003, now Patent No. 9 7,412,294, which is a continuation-in-part of application No. 10/027,391, filed on 10 December 21, 2001, now abandoned. 11 10. T e pa en claims inven i ns a all w priva e audi enj ymen 12 without interference from other users of independent wireless digital transmitters and 13 receivers sharing the same space. 14 15 16 11. 17 set forth herein. 18 12. On information and belief, Defendant is directly infringing, actively 19 inducing the infringement of, and/or contributing to the infringement of one or more 20 claims of the patent by importing, making, using, selling, and/or offering to sell patent. Upon further patent. 21 products incorporating the technology covered by the 13. FIRST CAUSE OF ACTION (Infringement of U.S. Patent No. 8,131,391) The allegations of paragraphs 1-10 are repeated and realleged as if fully

22 information and belief, Defendant will continue infringing the 23

Defendant has infringed and is continuing to directly infringe, contribute to Patent

24 the infringement of, and/or induce the infringement of all claims of the

25 without One-E-Ways consent or authorization. Such acts of infringement include, but 26 are not limited to, JayBirds use, sale, provision, and operation of its Sportsband and 27 Freedom headphone products, alone (thereby infringing claims 1-2 and 5-10) and when 28
-1.

1 bundled with iSport and/or uSport products (thereby infringing claims 3 and 4). 2 14. Defendant was notified of its infringing activities with respect to the e patent family by letter dated October 13, 2010. The filing of this complaint along with the Original Complaint in Case 3 in ellec ual pr per y in 4 15.

5 2:11-cv-06673-PA-FMO on August 12, 2011 and the Original Complaint in Case 2:126 cv-00601-GW-CW on January 24, 2012 constitutes further notice to Defendant of the 7 8 patent in accordance with 35 U.S.C. 287. 16. Defendan s c n inued infringemen f e patent has damaged and

9 continues to damage One-E-Way. Defendant is thus liable to One-E-Way in an amount 10 that adequately compensates One-E-Way for its infringement which, by law, cannot be 11 less than a reasonable royalty, together with interest and costs as fixed by this Court 12 under 35 U.S.C. 284. 13 17. Upon information and belief, Defendan s infringemen f e patent

14 has been willful and deliberate since the date it was put on notice of the patent. 15 18. In addi i n, Defendan s continued infringement of the 391 patent after the

16 filing of this Complaint, and the Original Complaints in Case 2:11-cv-06673-PA-FMO 17 and Case 2:12-cv-00601-GW-CW, is willful and deliberate. 18 19 20 21 22 23 e B. C. PRAYER FOR RELIEF WHEREFORE, One-E-Way respectfully requests this Court to enter judgment: A. Declaring that Defendant has been and is infringing one or more claims of patent; Declaring a Defendan s infringemen is willful; f e

Awarding to One-E-Way damages adequate to compensate One-E-Way for patent, with interest as fixed by the Court;

24 Defendan s infringemen 25 D.

Declaring that such damages be trebled in accordance with 35 U.S.C. 284

26 as a c nsequence f Defendan s willful infringemen ; 27 28

-2-

E.

Declaring this case exceptional under 35 U.S.C. 285 and awarding One.

1 E-Way i s c s s and a 2 F.

rneys fees; and

Awarding One-E-Way such other and further relief as this Court deems just

3 and proper. 4 5 DEMAND FOR JURY TRIAL Plaintiff respectfully demands a jury trial on all issues so triable pursuant to Fed.

6 R. Civ. P. 38(b) and L.R. 38-1. 7 8 Dated: July 13, 2012 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

-3.

BRANDON C. FERNALD RACHEL D. STANGER FERNALD LAW GROUP LLP By: /s Brandon C. Fernald Brandon C. Fernald

Edward E. Casto, Jr. (pro hac vice application to be filed) Jaime K. Olin (CA Bar 243139) NELSON BUMGARDNER CASTO, P.C. 3131 West 7th Street, Suite 300 Fort Worth, Texas 76107 Tel: (817) 377-9111 Fax: (817) 377-3485 Email: ecasto@nbclaw.net jolin@nbclaw.net Attorneys for Plaintiff One-E-Way, Inc.

EXHIBIT A