1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiff, 17 v. 18 EMSCHARTS, INC, a Pennsylvania Corporation, 19 Defendant. 20 21 22 23 24 25 26 27 28 1. Plaintiff Golden Hour Data Systems, Inc.

hereby complains of Defendant emsCharts, Inc. for infringement of United States Patent No. 7,668,736 (736 Patent), and alleges as follows: PARTIES Plaintiff Golden Hour Data Systems, Inc. is a California corporation with a DEMAND FOR JURY TRIAL Attorneys for Plaintiff GOLDEN HOUR DATA SYSTEMS, INC. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO DIVISION GOLDEN HOUR DATA SYSTEMS, INC., a California Corporation, Manuel de la Cerra (SBN 189313) The Law Office of Manuel de la Cerra 6885 Catamaran Drive Carlsbad, CA 92011 v. 760.809.5520 f: 760.269.3542 E-mail: manny@delacerralaw.com Gil Cabrera, (SBN 190303) The Cabrera Firm, APC 501 West Broadway, Suite 800 San Diego, CA 92101 v. 619.500.4880 f. 619.785.3380 E-mail: gil@cabrerafirm.com

'12CV1922 DMS JMA

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PAT. 7,668,736

principal place of business at 6260 Sequence Drive, Suite 140, San Diego, California, 92121. 2. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. is a Pennsylvania corporation with a principal place of business at 600 Mifflin Road, Suite 102, Pittsburgh, PA 15207. The designated agent for service of process is also located at this address.
COMPLAINT FOR PATENT INTINGEMENT

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3.

Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. does business in this judicial district and has committed acts of infringement in this judicial district. JURISDICTION AND VENUE 4. This Court has personal jurisdiction over Defendant emsCharts, Inc. under Fed. R.

Civ. P. 4(k)(1)(A) and Californias long-arm statute, Cal. Civ. Proc. Code 410.10, as Defendant emsCharts, Inc. has continuous business contacts with the State of California, has a business presence in the State of California and has committed the complained-of acts in the State of California, thereby causing damage to Plaintiff in this judicial district. 5. This Court has subject matter jurisdiction pursuant to the patent laws of the United

States, 35 U.S.C. 1 et seq., and pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1338(a). 6. Venue is proper in this district under 28 U.S.C. 1400(b) because Defendant

emsCharts, Inc. resides in this judicial district as defined by 28 U.S.C. 1391. 7. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. has entered into long-term contracts with Mercy Air, an Air Methods wholly owned subsidiary based in San Diego, to operate and use systems that infringe the 736 Patent as described below. These contacts are systematic and continuous and support a finding of personal jurisdiction and venue in this district.

BACKGROUND FACTS 8. On February 23, 2010, United States Patent No. 7,688,736 entitled Integrated

Emergency Medical Transportation Database and Virtual Private Network System was duly and legally issued to Scott Jones, Rany Polany and Kevin Hutton. A true copy of the 736 patent is attached hereto as Exhibit A. 9. Plaintiff Golden Hour Data Systems Inc. is the owner by assignment of the 736

patent with full and exclusive right to bring suit to enforce this patent. The assignment has been recorded with the USPTO and can be found at reel/frame 014524/0244. 10. The 736 patent relates generally to a system and method for providing secure data

COMPLAINT FOR PATENT INTINGEMENT

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communications and user access authorization for an integrated emergency medical transportation database. See 736 patent at Abstract. 11. Defendant emsCharts, Inc. has been and is infringing, contributing to infringement,

and/or inducing others to infringe the 736 patent, by making, using, offering for sale, selling and/or importing emsCharts emergency medical management and reporting software that is covered by one or more claims of the '736 patent. Defendants acts of infringement have occurred within this district and elsewhere throughout the United States. 12. Defendant emsCharts, Inc. has willfully infringed the 736 patent by continuing its

acts of infringement after being on notice of these patents.

COUNT 1: PATENT INFRINGEMENT 13. Plaintiff Golden Hour Data Systems, Inc. hereby re-alleges and incorporates by this

reference the foregoing paragraphs as though fully set forth herein. 14. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. has been and still is knowingly and intentionally infringing the '736 patent under 35 U.S.C. 271(a) by making, using, selling and/or offering for sale emsCharts emergency medical management and reporting software that is covered by one or more claims of the '736 patent. Plaintiff is further informed and believes, and on that basis alleges, that infringement by the Defendant of the '736 patent under 271(a) will continue unless enjoined by this Court. 15. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. has been and still is knowingly and intentionally inducing others under 35 U.S.C. 271(b) to directly infringe the '736 patent by providing emsCharts emergency medical management and reporting software and sufficient instructions to make and use the software that is covered by one or more claims of the '736 patent. Plaintiff is further informed and believes, and on that basis alleges, that the inducement of others by Defendant under 271(b) to directly infringe the '736 patent will continue unless enjoined by this Court. 16. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. has been and still is knowingly and intentionally contributorily infringing the

COMPLAINT FOR PATENT INTINGEMENT

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'736 patent under 35 U.S.C. 271(c) by providing emsCharts emergency medical management and reporting software especially made or especially adapted for infringing use and neither a staple article nor commodity of commerce suitable for substantial noninfringing use. Plaintiff is further informed and believes, and on that basis alleges, that the infringement of the '763 patent by Defendant emsCharts, Inc. under 271(c) will continue unless enjoined by this Court. 17. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. is willfully, deliberately, and intentionally infringing the '736 patent in the manners described above with full knowledge thereof, and will continue to do so unless enjoined by this Court. 18. Plaintiff is informed and believes, and on that basis alleges, that Defendant

emsCharts, Inc. has derived, received, and will continue to derive and receive from the aforesaid acts of infringement gains, profits, and advantages, tangible and intangible, the extent of which are not presently known to Plaintiff. By reason of the aforesaid acts of infringement, Plaintiff has been, and will continue to be, greatly and irreparably damaged. 19. WHEREFORE, Plaintiff Golden Hour Data Systems, Inc. prays for the following

relief against Defendant emsCharts, Inc.: That Defendant emsCharts, Inc. be adjudged to have infringed the '736 patent under 35 U.S.C. 271(a), (b), and/or (c); a preliminary and permanent injunction against Defendant emsCharts, Inc., its officers, agents, servants, employees, attorneys, all parent and subsidiary corporations, all assignees and successors in interest, and those persons in active concert or participation with Defendant emsCharts, Inc., enjoining it from continuing acts of infringement of the 736 Patent; an award of damages under 35 U.S.C. 284 for Defendant emsCharts, Inc.s infringement of the 736 Patent, together with pre-judgment and postjudgment interest;

COMPLAINT FOR PATENT INTINGEMENT

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That Defendant emsCharts, Inc. be adjudged to have willfully infringed the '763 patent under 35 U.S.C. 271(a), (b), and/or (c), and that the Court treble the amount of actual damages pursuant to 35 U.S.C. 284;

That this action be adjudged an exceptional case, and that the Court award Plaintiff its attorneys' fees incurred in connection with this action, pursuant to 35 U.S.C. 285; and

any such other relief that this Court deems just and proper. Respectfully submitted, The Cabrera Firm, APC

DATED: August 2, 2012

By:

Guillermo Cabrera Attorney for Plaintiff Golden Hour Data Systems, Inc., a California Corporation.

COMPLAINT FOR PATENT INTINGEMENT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 By: Guillermo Cabrera Attorney for Plaintiff Golden Hour Data Systems, Inc., a California Corporation. DATED: August 2, 2012 Respectfully submitted, The Cabrera Firm, APC DEMAND FOR JURY TRIAL Plaintiff respectfully demands a trial by jury on all issues so triable.

COMPLAINT FOR PATENT INTINGEMENT