2 3 4 5 6 7

Michael T. Homak (State Bar No. 81936) email: mhomak rutan.com Ronald P. Oines State Bar No. 145016) email: roines@rutan.com Bradley A. Chapin (State Bar No. 232885) email: bchapin rutan.corn Timothy Spivey State Bar No. 269084) RUTAN & TUC 611 Anton Boulevard,' Fourteenth Floor Costa Mesa, California 92626-1931 Telephone: 714-641-5100 Facsimile: 714-546-9035

211

Attorneys for Plaintiff HID GLOBAL 8 CORPORATION 9 10 11 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

HID GLOBAL CORPORATION, a 13 Delaware corporation, 14 15

VS.

Plaintiff,

' SACV14-00052 DOC (ANx) COMPLAINT Foa E CL TORY RELIEF RE PATENT DEMAND FOR JURY TRIAL

Case No

16 ISONAS, INC., a Colorado corporation; and DOES 1 through 10, inclusive 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT
2118/025100-0023 6530676.1 a01/13/14

Plaintiff HID GLOBAL CORPORATION ("HID"), for its Complaint against

2 defendant ISONAS, INC. ("Isonas"), alleges as follows: 3 4 1. JURISDICTION AND VENUE This is an action seeking a declaration of invalidity and

5 noninfringement of a United States patent, and thus arises under the United States 6 patent laws, Title 35, United States Code. This Court has jurisdiction pursuant to 28 7 U.S.C. 1331, 1338(a), 2201 and 2202. 8 2. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b)

9 and (c), as Defendants reside in this judicial district, a substantial part of the events, 10 omissions and acts which are the subject matter of this action occurred within the 11 Central District of California, and a substantial part of the property that is the 12 subject of the action is located in the Central District of California. Venue may also 13 be proper pursuant to 28 U.S.C. 1400(b). 14 15 3. THE PARTIES HID is a Delaware corporation having its principal place of business

16 located at 15370 Barranca Parkway, Irvine, California. 17 4. Plaintiffs are informed and believe, and thereon allege, that Isonas is a

18 Colorado corporation having its principal place of business located at 4720 Walnut 19 Street, Suite 200, Boulder, Colorado, 80301. 20 21 5.

HID'S BUSINESS
HID is a leader in the delivery of secure identity solutions for millions

22 of customers throughout the world. HID' s identity solutions are used in a variety of 23 applications, including physical access control, logical access control, access card 24 printing and personalization, highly secure government identification and animal 25 identification. HID's products, solutions and services are sold through a well26 established network of OEMs, developers, systems integrators and distributors 27 worldwide. End users of IIED's products, solutions and services include businesses 28 and organizations in virtually all industry sectors, including government, healthcare,
COMPLAINT
21181025100-0023 6530676.1 a01/13/14

1 retail, industrial, commercial, airports, ports, finance and education. 2 6. FLD's physical access control products and solutions are sold under

3 HID's well-known brands, including iCLASSO, SmartIDO, HID Prox and 4 Indalat Prox. 5 6

ACTS GIVING RISE TO NEED FOR DECLARATORY RELIEF

7. Isonas also is in the business of providing physical access control

7 solutions, and competes in some areas with HID. 8 8. On information and belief, Isonas owns United States Patent

9 no. 7,775,429, entitled "Method and System for Controlling Access to an Enclosed 10 Area" (the '429 Patent"). On information and belief, the '429 Patent issued on 11 August 17, 2010. 12 9. During September, 2013, senior executives of Isonas advised senior

13 executives of BID, that Isonas believes HID is infringing, and needs a license to, 14 Isonas"429 Patent. 15 10. Shortly thereafter, on October 9, 2013, an investment banker

16 exclusively representing Isonas informed Assa Abloy, HID's parent company, in an 17 email that "hide believe it is imperative for either HID or Assa Abloy 18 parent] to acquire Isonas because BID's Edge Series directly infringes on Isonas' 19 patent." On information and belief, prior to the October 9, 2013 email, Isonas 20 informed the investment banker of Isonas' belief that HID infringes the '429 Patent. 21 11. In light of Isonas' claims of infringement, HID believes Isonas intends

22 to sue HID for infringement of such patent. 23 24 25 12.

FIRST CLAIM FOR RELIEF

(Declaratory Judgment Invalidity of the '429 Patent) HID realleges each and every allegation set forth in paragraphs 1

26 through 11, inclusive, and incorporates them herein by this reference. 27 28 13. 14.
2118/025100-0023 6530676.1 a01/13/14

On information and belief, Isonas believes the '429 Patent is valid. An actual justiciable controversy has arisen and now exists between
COMPLAINT -2-

1 HID and Isonas concerning the validity of the '429 Patent. HID denies that the '429 2 Patent is valid, and asserts that it is invalid under one or more of the following, 3 among others: 35 U.S.C. 101, 102, 103, 112, 116 and/or 120. 4 15. HID desires a judicial determination of the respective rights and

5 obligations of the parties, and a declaratory judgment and order that the '429 Patent 6 is invalid. 7 8 9

SECOND CLAIM FOR RELIEF

(Declaratory Judgment Noninfringement of the '429 Patent) 16. HID realleges each and every allegation set forth in paragraphs 1

10 through 11, inclusive, and incorporates them herein by this reference. 11 17. As set forth above, Isonas has informed HID that Isonas believes HID

12 infringes the '429 Patent. HID denies that it infringes any claim of the '429 Patent. 13 18. An actual justiciable controversy has arisen and now exists between

14 HID and Isonas concerning Isonas' claim of infringement. 15

19.

HID desires a judicial determination of the respective rights and

16 obligations of the parties, and a declaratory judgment and order that HID does not 17 infringe, and has not infringed, the '429 Patent, directly, indirectly, literally, under 18 the doctrine of equivalents, or otherwise. 19 20 21

PRAYER FOR RELIEF

WHEREFORE, HID prays for judgment against Isonas as follows: 1. For a Declaratory Judgment that each and every claim of the '429

22 Patent is invalid; 23 2. For a Declaratory Judgment that HID does not infringe, and has not

24 infringed, in any manner any claim of the '429 Patent; 25 3. Preliminary and permanent relief enjoining Isonas and its officers,

26 directors, employees and agents from asserting that HID infringes the '429 Patent; 27 4. A determination that this case is "exceptional" under 35 U.S.C. 285,

28 and an award of Plaintiffs' reasonable attorneys' fees;

COMPLAINT
2118/025100-0023 6530676.1 a01/13/14

-3-

1 2

5. 6.

For costs of suit; and For such other and further relief as the Court deems just and proper. RUTAN & TUCKER, LLP MICHAEL T. HORNAK RONALD P. OINES BRADLEY A. CHAPIN TIMOTHY SPIVEY By: RonalP. Oines Attorneys for Plaintiff HID GLOBAL CORPORATION

3 Dated: January 13, 2014 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

COMPLAINT
2118/025100-0023 6530676.1 a01/13/14

-4-

1 2

DEMAND FOR JURY TRIAL Pursuant to Local Rule 38-1 of the Local Rules of the United States District

3 Court for the Central District of California, HID hereby demands a jury trial. 4 Dated: January 13, 2014 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT
2118/025100-0023 6530676.1 a01/13/14

RUTAN & TUCKER, LLP MICHAEL T. HORNAK RONALD P. OINES BRADLEY A. CHAPIN TIMOTHY SPIVY By: I I 1; Oines Attorneys for Plaintiffs HID GLOBAL CORPORATION

-5-

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

This case has been assigned to District Judge Magistrate Judge is Arthur Nakazato

David 0.

Carter

and the assigned

The case number on all documents filed with the Court should read as follows:

SACV14-00052 DOC (ANx)

Pursuant to General Order 05 07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
-

All discovery related motions should be noticed on the calendar of the Magistrate Judge.

Clerk, U. S. District Court

January 13, 2014 Date By Lori Wagers Deputy Clerk

NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location:
El Western Division 312 N. Spring Street, G-8 Los Angeles, CA 90012 Southern Division 411 West Fourth St., Ste 1053 Santa Ana, CA 92701 El Eastern Division 3470 Twelfth Street, Room 134 Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.
CV-18 (08/13) NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

UNITED

TES DISTRICT COURT, CENTRAL DISTRICT C ,ALIFORNIA CIVIL COVER SHEET

)

,11

PLAINTIFFS ( Check box if you are representing yourself

DEFENDANTS

( Check box if you are representing yourself Li

HID GLOBAL CORPORATION, a Delaware corporation,

(b) County of Residence of First Listed Plaintiff Orange
(EXCEPT IN US. PLAINTIFF CASES)

ISONAS, INC., a Colorado corporation; and DOES 1 through 10, inclusive, County of Residence of First Listed Defendant
(iiv US. PLAINTIFF CASES ONLY) Attorneys (Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.

(c) Attorneys (Firm Name, Address and Telephone Number) If you are

representing yourself, provide the same information.

Michael T. Hornak SBN 81936/ Ronald P. Oines SBN 145016 tlItrdley A. Chapin SBN 232885/ Timothy Spivey SBN 269084 RUTAN & TUCKER, LLP, 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Telephone: (714) 641-5100
II. BASIS OF JURISDICTION (Place an X in one box only.) -

III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only

(Place an X in one box for plaintiff and one for defendant)
PTF Citizen of This State Citizen of Another State DEF

D 1. U.S.

Government Plaintiff

3. Federal Question (U.S. Government Not a Party)

Di Di 2 Li2 0 3 L1 3

Incorporated or Principal Place of Business in this State Incorporated and Principal Place of Business in Another State Foreign Nation

PTF 4 Lis El 6

DEF

L14 I".11 5
El 6

Li 2. U.S. Government Defendant

Li 4. Diversity (Indicate Citizenship of Parties in Item III)

Citizen or Subject of a Foreign Country

IV. ORIGIN (Place an X in one box only.)

1. Original Proceeding

2. Removed from State Court

Li 3. Remanded from Appellate Court

El 4. Reinstated or Reopened

5. Transferred from Another District (Specify)

6. MultiDistrict Litigation

V. REQUESTED IN COMPLAINT: JURY DEMAND: CLASS ACTION under F.R.Cv.P. 23: VI, CAUSE OF ACTION

D Yes

No

Yes Li No (Check "Yes" only if demanded in complaint.) MONEY DEMANDED IN COMPLAINT: $ Fees and Costs.

(Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

This is an action seeking a declaration of invalidity and noninfringement of a United States patent, and thus arises under the United States patent laws, Title 35, United States Code.
VII. NATURE OF SUIT (Place an X in one box only).
OTHER STATUTES CONTRACT 110 Insurance Li 120 Marine REAL PROPERTY CONT. 240 Torts to Land Li 245 Tort Product Liability i1 290 All Other Real Property TORTS PERSONAL INJURY 310 Airplane 315 Airplane Li Product Liability
U

IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions

PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee n 510 Motions to Vacate UJ Sentence Li 530 General 535 Death Penalty Other: LI 540 Mandamus/Other

PROPERTY RIGHTS 820 Copyrights

n
Li

375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking

830 Patent

Li

130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment

Li 840 Trademark
SOCIAL SECURITY

TORTS PERSONAL PROPERTY Li 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability BANKRUPTCY

Li Li Li Li Li Li Li
1
r

450 Commerce/ICC Rates/Etc. 460 Deportation 470 Racketeer Influenced & Corrupt Org. 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Cornmodities/Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters

Li 861

HIA (1395ff)

862 Black Lung (923) 863 DIWC/DIWW (405 (g)) 864 SSID Title XVI 865 PSI (405 (g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS-Third Party 26 USC 7609

Li

Assault, Libel & Li 151 Medicare Act Li 320 Slander 152 Recovery of Defaulted Student Loan (Excl. Vet.) 330 Fed , Employers' NI Liability
Imi

Li 550 Civil Rights

555 Prison Condition 560 Civil Detainee Conditions of Confinement

340 Marine 153 Recovery of Overpayment of Vet. Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract II Product Liability 196 Franchise REAL PROPERTY: 345 Marine Product Li Liability

Li 350 Motor Vehicle

355 Motor Vehicle Product Liability 360 Other Personal Li Injury 362 Personal InjuryMed Malpratice

Li Li

422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 CIVIL RIGHTS

FORFEITURE/PENALTY
625 Drug Related Seizure of Property 21 USC 881 690 Other

Li

Li 440 Other Civil Rights

Li 441 Voting Employment Li 442 443 Housing/

1 895 Freedom of Info. I Act

LABOR Li 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations

P1 896 Arbitration 1 1
899 Admin. Procedures Act/Review of Appeal of Agency Decision

Li

365 Personal InjuryProduct Liability

L.J Accomodations
445 American with DisabilitiesEmployment 446 American with Disabilities-Other 448 Education

Constitutionality of Li 950 State Statutes

Li

367 Health Care/ 210 Land ri Pharmaceutical Personal Injury Condemnation Product Liability 220 Foreclosure 368 Asbestos 230 Rent Lease & Personal Injury Ejectment ,,, , dlict Liability

Li

Li 740 Railway Labor Act Family and Medical Li 751 Leave Act Other Labor Li 790 Litigation
791 Employee Ret. Inc. Security Act

FOR OFFICE USE ONLY: CV-71 (11/13)

Case Numbe

X
CIVIL COVER SHEET

Page 1 of 3

UNITED

"ES DISTRICT COURT, CENTRAL DISTRICT CIVIL COVER SHEET

.;ALIFORNIA

VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial assignment
is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

Question A: Was this case removed from state court? Yes

STATE CASE WAS PENDING IN THE COUNTY OR Los Angeles Ventura, Santa Barbara, or San Luis Obispo Lii Orange

INITIAL DIVISION IN CACD IS Western Western Southern Eastern

kl.

No

If "no," go to Question B. If "yes," check the box to the right that applies, enter the corresponding division in response to Question D, below, and skip to Section IX.

LI Riverside or San Bernardino

If the United States, or one of its agencies or employees, is a party, is it: A PLAINTIFF? A DEFENDANT'? Then check the box below for the county in which the majority of PLAINTIFFS reside. Los Angeles Ventura, Santa Barbara, or San Luis Obispo Orange Riverside or San Bemardino LI Other

Question B: Is the United States, or one of its agencies or employees, a party to this action? Yes No

INITIAL DIVISION IN CACD IS:

Then check the box below for the county in which the majority of DEFENDANTS reside. LII Los Angeles Ventura, Santa Barbara, or San Luis Obispo

If "no," go to Question C. If "yes," check the box to the right that applies, enter the corresponding division in response to Question D, below, and skip to Section IX.

Western Western Southern Eastern Western

LI Orange LI Riverside or San Bernardino

Other B. Ventura Santa Barbara or ' ' San Luis Obispo Counties

A. Question C: Location of Los Angeles plaintiffs , defendants ,and claim s? County (Make only one selection per row) Indicate the location in which a majority of plaintiffs reside: Indicate the location in which a majority of defendants reside: Indicate the location in which a majority of claims arose:

C. Orange County

Riverside or San Bernardino Counties

Outside the Central Disti lot of California

F. Other

II

C.1. Is either of the following true? If so, check the one that applies: .. 2 or more answers in Column C

C.2. Is either of the following true? If so, check the one that applies: LII 2 or more answers in Column D LI only 1 answer in Column D and no answers in Column C

LII only 1 answer in Column C and no answers in Column D

Your case will initially be assigned to the SOUTHERN DIVISION. Enter "Southern" in response to Question D, below. If none applies, answer question C2 to the right.

Your case will initially be assigned to the EASTERN DIVISION. Enter "Eastern" in response to Question D, below. If none applies, go to the box below.

Your case will initially be assigned to the WESTERN DIVISION. Enter "Western" in response to Question D below.

Question D: Initial Division? Enter the initial division determined by Question A, B, or C above: Immi.:SOUTHERN

INITIAL DIVISION IN CACD

CV-71 (11/13)

CIVIL COVER SHEET

Page 2 of 3
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UNITED F:

'ES DISTRICT COURT, CENTRAL DISTRICT CIVIL COVER SHEET

;ALIFORNIA

IX(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed?
If yes, list case number(s):

NO

CI YES

IX(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?
If yes, list case number(s): Civil cases

NO

YES

are deemed related if a previously filed case and the present case:

(Check all boxes that apply)

El

A. Arise from the same or closely related transactions, happenings, or events; or

El B. Call for determination of the same or substantially related or similar questions of law and fact; or El C. For other reasons would entail substantial duplication of labor if heard by different judges; or LI D. Involve the same patent, trademark or copyright and one of the factors identified above in a, b or c also is present.

X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT):

DATE:

January 13, 2014

Ronald P. Ines
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet). Key to Statistical codes relating to Social Security Cases: Nature of Suit Code Abbreviation 861 HIA Substantive

Statement of Cause of Action

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b)) All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923) All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g)) All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g)) All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended. All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g))

862

BL

863

DIWC

863 864

DIVVW SSID

865

RSI

CV-71 (11/13)

CIVIL COVER SHEET

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