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 2. seq. THE PARTIES Plaintiff EagleView Technologies, Inc. (Plaintiff or EagleView) is a 1.

NATURE OF ACTION This action arises under the Patent Laws of the United States, 35 U.S.C. 100 et v. RoofWalk, Inc., a Minnesota corporation, Peter Wegier, an individual, and Josh Hedlund, an individual, Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE EagleView Technologies, Inc., a Washington corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

Plaintiff EagleView Technologies, Inc. for its Complaint herein, alleges as follows:

Washington corporation having a principal place of business at 2525 220th Street SE, Suite 203, Bothell, Washington 98021.

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3.

Upon information and belief, Defendant RoofWalk, Inc. (RoofWalk) is a

Minnesota corporation having a registered office address at 7825 Washington Avenue South, #500, Bloomington, Minnesota 55439. 4. Upon information and belief, Defendant Peter Wegier is an owner, a founder

and the CEO of RoofWalk and resides at 2172 70th Street, Balsam Lake, Wisconsin 54810. 5. Upon information and belief, Defendant Josh Hedlund is an owner and a partner

of RoofWalk and resides at 101 Hidden Meadow Court, Apple Valley, Minnesota 55124. 6. Upon information and belief, Defendants Peter Wegier and Josh Hedlund are

personally responsible for the acts of RoofWalk. They personally have controlled and continue to control the decisions of the company and carrying out the specific acts by Roofwalk with respect to the infringement as set forth herein. JURISDICTION AND VENUE 7. The Court has original jurisdiction of the federal claims raised herein pursuant

to 28 U.S.C. 1331, 1332 and 1338(a). 8. Venue in this judicial district is proper under 28 U.S.C. 1391(b), (c), (d), Defendants are currently doing business in this Judicial District. On

and/or 1400(b).

information and belief, Defendants have sold, continue to sell and offer to sell infringing products and services in this Judicial District. In addition, Defendants sell products into this Judicial District that were made by an infringing method. Events giving rise to the claims herein occurred in this district. Further, substantial damage to Plaintiff EagleView has

occurred and continues to occur in this judicial district, which is their home district and the location of their company headquarters. PLAINTIFF AND ITS RIGHTS 9. On December 13, 2011, the United States Patent and Trademark Office issued

United States Patent No. 8,078,436 (hereinafter the 436 Patent), entitled Aerial Roof

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Estimation Systems and Methods. The 436 patent has been assigned to and is fully owned by Plaintiff. A true and correct copy of the 436 Patent is attached hereto as Exhibit A. The 436 Patent is valid, enforceable, and subsisting. 10. On March 27, 2012, the United States Patent and Trademark Office issued

United States Patent No. 8,145,578 (hereinafter the 578 Patent), entitled Aerial Roof Estimation Systems and Methods. The 578 patent has been assigned to and is fully owned by Plaintiff. A true and correct copy of the 578 Patent is attached hereto as Exhibit B. The 578 Patent is valid, enforceable, and subsisting. 11. In 2006, Chris Pershing and David P. Carlson, the inventors of the asserted

patents, created an entirely new product that did not previously exist: roof estimation software. They founded a company, EagleView Technologies, based in Bothell, Washington, that has now grown to over 100 employees employed in the state of Washington. They applied for and received the 436 Patent and the 578 Patent on their invention, which they assigned to EagleView, making EagleView the sole owner of the two issued U.S. patents of this action. EagleView, the owner of the patents, is an active technology company that makes use of both patents as part of its daily operations in Bothell, Washington and in the products it supplies to its customers. The use of the 436 and 578 Patents is at the core of EagleViews business. 12. EagleView Technologies products, such as roof estimation reports, were

marked patent pending before the present patents issued and the patent numbers were applied to the products after the patents issued. FIRST COUNT - PATENT INFRINGEMENT - U.S. Patent 8,078,436 13. Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 12 of this Complaint. 14. Upon information and belief, Defendants have been, and are, infringing one or

more claims of the 436 Patent by using, offering to sell, selling, and/or causing to be used,

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offered for sale or sold, infringing aerial roof estimation products, including reports and software, and services in this judicial district. 15. Upon information and belief, Defendants offer on its website at

www.roofwalk.com, in this judicial district and elsewhere in the United States, aerial roof estimation reports that have been made by infringing one or more claims of the 436 Patent. 16. On January 4, 2012, Plaintiff sent Defendants a letter informing them that

EagleViews patent had been granted and requesting them to stop all infringing activities, copy attached as Exhibit C. In this letter, EagleView offered to settle the matter and not file an infringement law suit if Roofwalk agreed to stop all infringing activities and make an accounting of past infringement. Roofwalk did not cease infringement and continues to

infringe the 436 Patent, taking away customers of EagleView by their actions. 17. The letter of January 4, 2012 was a reminder of prior letters which had been sent

informing RoofWalk of EagleViews pending patent applications and that patents covering RoofWalks products were expected to issue shortly. For example, on February 2, 2010,

Plaintiff sent RoofWalk a letter informing it of Plaintiffs published patent, 2008/0262789 A1, entitled Aerial Roof Estimation Systems and Method, and officially notifying Roofwalk of Plaintiffs provisional patent rights, attached as Exhibit D. On February 4, 2010, Plaintiff sent another letter to RoofWalk again informing it of Plaintiffs published patent and of a second published patent, 2009/0132436 A1, entitled Aerial Roof Estimation Systems and Methods which issued as the 436 Patent, attached as Exhibit E. On September 21, 2010, Plaintiff sent another letter to RoofWalk informing them that EagleViews patents were beginning to issue around the world, and to let them know that EagleView would aggressively defend its intellectual property as its patents issue, attached as Exhibit F. On November 2, 2010, Plaintiff sent a copy of the September 21, 2010 letter to another address found for RoofWalk, Exhibit G.

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18.

On information and belief, Defendants infringement has been willful.

Particularly, Defendants became aware of the EagleView product and services before they started their business. Only after viewing the EagleView product and website did RoofWalk start their business. Their products were made as an attempt to imitate EagleViews product line. Even after knowledge of the existence of the patent and knowing that they had imitated and copied significant portions of the EagleView material, Defendants continued to infringe the 436 patent. 19. Defendants offered their products and services at a lower price than EagleView

in direct competition with EagleView to take away customers, reducing the price at which EagleView could sell their reports. Defendants sale of reports also reduced EagleViews market share, number of products sold and the price at which EagleView could sell their own products. Each of these caused loss of revenue to EagleView. Defendants infringing actions have caused economic harm to EagleView in this judicial district in which EagleViews headquarters are located and in which they carry out their business. 20. Attached as Exhibit H are samples of roof estimation reports of the type

provided by EagleView. 21. by RoofWalk. 22. Plaintiff EagleView has been, and will continue to be, damaged by such Attached as Exhibit I are samples of roof estimation reports of the type provided

infringement in an amount to be proven at trial in excess of the amount for diversity jurisdiction, and in a manner and amount that cannot be fully measured or compensated in economic terms and for which there is no adequate remedy at law. The patent infringement actions of Defendants have damaged, and will continue to damage, Plaintiffs business, market, reputation, and goodwill unless Defendants acts of patent infringement complained of herein are enjoined.

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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 23. SECOND COUNT - PATENT INFRINGEMENT - U.S. Patent 8,145,578 Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 22 of this Complaint. 24. Upon information and belief, Defendants have been, and are, infringing one or

more claims of the 578 Patent by using, offering to sell, selling, and/or causing to be used, offered for sale or sold, infringing aerial roof estimation products, including reports and software, and services in this judicial district. 25. Upon information and belief, Defendants offer on its website at

www.roofwalk.com, in this judicial district and elsewhere in the United States, aerial roof estimation reports that have been made by infringing one or more claims of the 578 Patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff EagleView respectfully demands judgment: 1. That Defendants, and their respective officers, agents, servants, employees,

attorneys, and all other persons in active concert or participation with any of them, be enjoined and restrained and permanently thereafter from all acts that infringe either the 436 or the 578 Patents directly, contributorily, or by inducement, including being enjoined from manufacturing, importing, using, offering for sale and/or selling aerial roof estimation reports, products, or software that infringe either the 436 or the 578 patents or that have been made by an infringing process covered by the 436 or the 578 patents. 2. That Defendants be required to prepare and deliver to the Court a complete list

of entities to whom such Defendants have sold aerial roof estimation reports. 3. That Defendants be required to prepare and deliver to the Court a full

accounting of all aerial roof estimation reports sold, including the price at which they were

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sold, the date sold and a profit and loss statement for each year in which any infringing activities took place. 4. That Defendants be required to prepare and deliver to the Court a complete list

of entities to whom such Defendants have sold aerial roof estimation software. 5. That Defendants be required to prepare and deliver to the Court a full

accounting of all aerial roof estimation software sold, including the price at which such software was sold, the date sold and a profit and loss statement for each year in which any infringing activities took place. 6. That Defendants, within thirty days after receiving notice of entry of judgment,

be required to file with the Court and serve upon Plaintiffs counsel a written report under oath setting forth in detail the manner in which each Defendant has complied with Paragraphs 1 through 5, immediately above. 7. That Defendants account for and pay over to Plaintiff damages sustained by

Plaintiff, directly and indirectly, by reason of Defendants patent infringement. 8. activities. 9. That Defendants infringement of the 436 patent be found willful and that That Defendants be found to be jointly and severally liable for the infringing

treble damages, together with interest and costs, be awarded under 35 U.S.C. 284, or as otherwise permitted by law. 10. That Defendants infringement of the 578 patent be found willful and that

treble damages, together with interest and costs, be awarded under 35 U.S.C. 284, or as otherwise permitted by law. 11. That Plaintiff be awarded all costs and expenses in this action under 28 U.S.C.

1920 and under Fed. Rules of Civil Procedure 54(d). 11. That the present case be found exceptional and that attorney fees be awarded to Plaintiff under 35 U.S.C. 285, or as otherwise permitted by law.

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9. equitable.

That Plaintiff have such other and further relief as the Court may deem

DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury of all issues in this case. DATED this 2 day of April 2012, Respectfully submitted, SEED IP Law Group PLLC /s/ David V. Carlson David V. Carlson, WSBA No. 17643 [email protected] William O. Ferron, Jr., WSBA No. 11813 [email protected] 701 Fifth Avenue, Suite 5400 Seattle, Washington 98104-7092 Telephone: (206) 622-4900 Attorneys for Plaintiff EAGLEVIEW, INC.

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SEED INTELLECTUAL PROPERTY LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900