Advanced Aerodynamics v. Unmanned Cowboys - Complaint

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 1 of 8
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Civil Action No.:
ADVANCED AERODYNAMICS, L.L.C.,
a Florida limited liability company,
Plaintiff,
v.
UNMANNED COWBOYS, LLC,
an Oklahoma limited liability company,
Defendant.
_____________________________________/
COMPLAINT
Plaintiff, ADVANCED AERODYNAMICS, L.L.C. (Plaintiff or Advanced), by and
through undersigned counsel, sues Defendant, UNMANNED COWBOYS, LLC (Defendant or
Unmanned Cowboys), and alleges:
The Parties
1.
Plaintiff, Advanced, is a Florida limited liability company with its principal place
of business in Broward County, Florida.

2.
Defendant, Unmanned Cowboys, is an Oklahoma limited liability company doing
business throughout the United States, including within this District.

Jurisdiction and Venue
3.
This is an action for patent infringement arising under the patent laws of the
United States, including 35 U.S.C. 271, et seq., and other related claims.
4.
This Court has original jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. 1331 and 1338, as it is an action relating to patents.

1
5.
Upon information and belief, Unmanned Cowboys has offered for sale and/or sold
the products accused of infringement within Florida, which relates to the claims asserted by
Advanced, and out of which Advanceds claims, in part, arise. Specifically, among other things,
Unmanned Cowboys, through its officers and/or predecessors in interest, have offered the
products accused of infringement for sale in Florida at trade shows.
6.
Upon information and belief, Unmanned Cowboys has operated, conducted,
engaged in and/or carried on business within the State of Florida and/or caused injury within the
State of Florida. By virtue of its actions described herein, this Courts exercise of personal
jurisdiction over Unmanned Cowboys is consistent with the Constitution of the United States and
Fla. Stat. 48.193.
7.
Venue is proper in this district under 28 U.S.C. 1400(b) and/or 28 U.S.C.
1391(b) and (c), as Unmanned Cowboys committed acts of patent infringement in this judicial
district, and Unmanned Cowboys is subject to personal jurisdiction in this judicial district.
General Allegations
A.
The 854 Patent.

8.
On September 10, 2013, the United States Patent and Trademark Office issued
United States Patent No. 8,528,854 (the 854 Patent), entitled Self-Righting Frame and
Aeronautical Vehicle. A true and correct copy of the 854 Patent is attached hereto as Exhibit
A.
9.
Advanced is the sole owner of the 854 Patent via assignment and holds all rights,
title and interest in the 854 Patent.

10.
The 854 Patent claims an aeronautical device with a self-righting frame assembly
that allows the device to right itself from an inverted state to an upright state.
B.
The 667 Patent.

11.
On June 30, 2015, the United States Patent and Trademark Office issued United
States Patent No. 9,067,667 (the 667 Patent), entitled Self-Righting Frame and Aeronautical
Vehicle. A true and correct copy of the 667 Patent is attached hereto as Exhibit B.
12.
Advanced is the sole owner of the 667 Patent via assignment and holds all rights,
title and interest in the 667 Patent.

13.
The 667 Patent claims an aeronautical device with a self-righting frame assembly
that allows the device to right itself from an inverted state to an upright state.
14.
The 667 Patent stemmed from Application Number 14/022,213 (the 213
Application), which was filed on September 9, 2013.

15.
The 213 Application was published on January 16, 2014. The claims in the 213
Application ultimately issued in substantially identical form in the 667 Patent.

B.
Unmanned Cowboys Infringement of the 854 Patent and 667 Patent.

16.
Unmanned Cowboys makes, uses, sells, and/or offers for sale within the United
States a self-righting aeronautical vehicle device called the All Terrain Land & Air Sphere
ATLAS (the ATLAS or Infringing Product).
17.
Unmanned Cowboys ATLAS is covered by one or more claims of the 854
Patent and Unmanned Cowboys manufacture, use, sale, and/or offering for sale of the ATLAS
infringes one or more claims of the 854 Patent. More specifically, Unmanned Cowboys
ATLAS device is covered by and infringes upon at least Claim 10 of the 854 Patent.
18.
Unmanned Cowboys ATLAS is covered by one or more claims of the 667
Patent and Unmanned Cowboys manufacture, use, sale, and/or offering for sale of the ATLAS
infringes one or more claims of the 667 Patent. More specifically, Unmanned Cowboys
ATLAS device is covered by and infringes upon at least Claims 1, 10 and 18 of the 667 Patent.
19.
Unmanned Cowboys was, at all material times, aware of the 854 Patent and the
667 Patent, but has made, used, sold and/or offered for sale the Infringing Product despite such
knowledge. Unmanned Cowboys unauthorized production, use, sale and/or offering for sale of
the Infringing Product is willful and intentional.
20.
All conditions precedent to the filing of this action have been fulfilled or waived.
21.
Advanced has retained the undersigned counsel to represent it in this action and is
obligated to pay undersigned counsels reasonable attorneys fees, which fees, together with
costs, Advanced is entitled to recover from Unmanned Cowboys pursuant to 35 U.S.C. 285.
COUNT I
Infringement of the 854 Patent
22.
Advanced re-alleges and re-avers paragraphs 1-21 as though fully set forth herein.
23.
Advanced is the owner of the 854 Patent and holds all rights, title and interest in
the 854 Patent.

24.
Unmanned Cowboys has infringed and continues to infringe, directly and
indirectly through contributory and/or induced infringement, one or more claims of the 854
Patent by making, using, selling, and/or offering for sale within the United States products that
embody one or more of the claims of the 854 Patent, or by contributing to infringement,
inducing others to infringe the 854 Patent, or carrying out acts constituting infringement under
35 U.S.C. 271.
25.
The conduct of Unmanned Cowboys as set forth hereinabove, including, for
example, Unmanned Cowboys making, using and/or selling the ATLAS, gives rise to a cause of
action for infringement of the 854 Patent, pursuant to at least 35 U.S.C. 271 and 281.
4
26.
Unmanned Cowboys has manufactured, used, offered for sale, and/or sold the
Infringing Product despite an objectively high likelihood that its actions constitute infringement.
27.
The foregoing acts have been and continue to be deliberate, willful and wanton.
28.
Unmanned Cowboys has gained profits by virtue of its infringement of the 854
29.
By reason of the foregoing, Advanced has suffered and will continue to suffer
Patent.
damages and irreparable harm and is, therefore, entitled to monetary and/or injunctive relief
against Unmanned Cowboys, pursuant to 35 U.S.C. 28385, as more fully set forth herein.
Unless enjoined, Unmanned Cowboys will continue its infringing conduct.
COUNT II
Infringement of the 667 Patent
30.
31.
Advanced is the owner of the 667 Patent and holds all rights, title and interest in
the 667 Patent.

32.
Unmanned Cowboys has infringed and continues to infringe, directly and
indirectly through contributory and/or induced infringement, one or more claims of the 667
Patent by making, using, selling, and/or offering for sale within the United States products that
embody one or more of the claims of the 667 patent, or by contributing to infringement,
inducing others to infringe the 667 Patent, or carrying out acts constituting infringement under
35 U.S.C. 271.
33.
The conduct of Unmanned Cowboys as set forth hereinabove, including, for
example, Unmanned Cowboys making, using and/or selling the ATLAS, gives rise to a cause of
action for infringement of the 667 Patent, pursuant to at least 35 U.S.C. 271 and 281.
34.
Unmanned Cowboys has manufactured, used, offered for sale, and/or sold the
Infringing Product despite an objectively high likelihood that its actions constitute infringement.
35.
The foregoing acts have been and continue to be deliberate, willful and wanton.
36.
Unmanned Cowboys has gained profits by virtue of its infringement of the 667
37.
By reason of the foregoing, Advanced has suffered and will continue to suffer
Patent.
damages and irreparable harm and is, therefore, entitled to monetary and/or injunctive relief
against Unmanned Cowboys, pursuant to 35 U.S.C. 28385, as more fully set forth herein.
Unless enjoined, Unmanned Cowboys will continue its infringing conduct.
COUNT III
Infringement of Provisional Rights
38.
39.
Between the time of the publication of the 213 Application and the issuance of
the 667 Patent, Unmanned Cowboys made, used, sold and/or offered for sale products that
infringed the invention as claimed in the 213 Application.
40.
Unmanned Cowboys was on actual notice of the 213 Application from at least
May 2015 forward.

41.
The claims in the 667 Patent issued in substantially identical form to the claims
in the 213 Application.

42.
Unmanned Cowboys is liable for infringement of the provisional patent rights
pursuant to 35 U.S.C. 154(d).

PRAYER FOR RELIEF
WHEREFORE, Plaintiff, ADVANCED AERODYNAMICS, L.L.C., prays for judgment
as follows:
A.
Finding Defendant, UNMANNED COWBOYS, LLC, liable for infringement of
the 854 Patent.

B.
Finding Defendant liable for infringement of the 667 Patent.
C.
For temporary and permanent injunctive relief enjoining Defendant and its
respective officers, employees, and agents, and all persons or entities in active concert or
participation with Defendant, from:
1.
manufacturing any products falling within the scope of the claims of the
854 Patent or the 667 Patent;

2.
using any product falling within the scope of any of the
claims of the 854 Patent or the 667 Patent;

3.
selling, offering to sell, licensing or purporting to license any product falling
within the scope of any of the claims of the 854 Patent or the 667 Patent;
4.
importing any product into the United States which falls within the scope
of any of the claims of the 854 Patent or the 667 Patent;

5.
actively inducing others to infringe any of the claims of the 854 Patent or
667 Patent;
6.
engaging in acts constituting contributory infringement of any of the
claims of the 854 Patent or the 667 Patent; and

7.
D.
all other acts of infringement of the 854 Patent and the 667 Patent;
For judgment finding the infringement of Defendant to be willful, and for an
award of enhanced damages in connection with such finding;

E.
For judgment finding this to be an exceptional case and awarding Plaintiff its costs
and attorneys fees incurred herein;
F.
An award of damages adequate to compensate Plaintiff for infringement of the
854 Patent and the 667 Patent, in an amount to be proven at trial, including treble damages, lost
profits damages, reasonable royalty damages, and other damages allowed by 35 U.S.C. 284;
G.
For judgment finding that Plaintiff is entitled to provisional patent rights pursuant
to 35 U.S.C. 154(d), and that Defendant is therefore subject to a damages award;

H.
An award of Plaintiffs costs in bringing this action, pursuant to at least 28 U.S.C.
1920 and 35 U.S.C. 284;

I.
An order that Plaintiff be granted pre-judgment and post-judgment interest; and
J.
Such other and further relief this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff, ADVANCED AERODYNAMICS, L.L.C., hereby demands a jury trial on all

issues so triable.
Dated: December 22, 2015
Respectfully submitted,
By: /s/Joshua D. Martin
Joshua D. Martin
Florida Bar No. 028100
josh.martin@johnsonmartinlaw.com
JOHNSON & MARTIN, P.A.
500 W. Cypress Creek Rd., Suite 430
Fort Lauderdale, Florida 33309
Telephone: (954) 790-6699
Facsimile: (954) 206-0017
Attorneys for Plaintiff, Advanced
Aerodynamics, L.L.C.
Case 5:16-cv-00989-R Document 1-1 Filed 12/22/15 Page 1 of 2

JS 44 Reverse (Rev 12/12)
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Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
,
D 3ODLQWLIIV'HIHQGDQWV Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the
official, giving both name and title.
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time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
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(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section (see attachment).
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one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
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the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
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sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature
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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Southern District of Florida

ADVANCED AERODYNAMICS, L.L.C.
Plaintiff(s)
v.
UNMANNED COWBOYS, LLC
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 0:15-cv-62679
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Unmanned Cowboys, LLC
Registered Agent
1201 S. Innovation Way Drive
Stillwater, OK 74074
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Joshua D. Martin
Johnson & Martin, P.A.
500 W. Cypress Creek Road, Suite 430
Fort Lauderdale, FL 33309
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 0:15-cv-62679

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
u I personally served the summons on the individual at (place)

on (date)
; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
u I returned the summons unexecuted because
; or
u Other (specify):
My fees are $
for travel and $
for services, for a total of $
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00
EXHIBIT A
EXHIBIT B

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Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 1 of 8

UNITED STATES DISTRICT COURT

of business in Broward County, Florida.

Defendant, Unmanned Cowboys, is an Oklahoma limited liability company doing

business throughout the United States, including within this District.

to 28 U.S.C. 1331 and 1338, as it is an action relating to patents.

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 2 of 8

Upon information and belief, Unmanned Cowboys has operated, conducted,

Venue is proper in this district under 28 U.S.C. 1400(b) and/or 28 U.S.C.

The 854 Patent.

title and interest in the 854 Patent.

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 3 of 8

The 667 Patent.

title and interest in the 667 Patent.

Application), which was filed on September 9, 2013.

Application ultimately issued in substantially identical form in the 667 Patent.

Unmanned Cowboys Infringement of the 854 Patent and 667 Patent.

Unmanned Cowboys ATLAS is covered by one or more claims of the 854

Unmanned Cowboys ATLAS is covered by one or more claims of the 667

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 4 of 8

the 854 Patent.

Unmanned Cowboys has infringed and continues to infringe, directly and

The conduct of Unmanned Cowboys as set forth hereinabove, including, for

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 5 of 8

the 667 Patent.

Unmanned Cowboys has infringed and continues to infringe, directly and

The conduct of Unmanned Cowboys as set forth hereinabove, including, for

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 6 of 8

May 2015 forward.

in the 213 Application.

Unmanned Cowboys is liable for infringement of the provisional patent rights

pursuant to 35 U.S.C. 154(d).

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 7 of 8

Finding Defendant, UNMANNED COWBOYS, LLC, liable for infringement of

the 854 Patent.

Finding Defendant liable for infringement of the 667 Patent.

854 Patent or the 667 Patent;

using any product falling within the scope of any of the

claims of the 854 Patent or the 667 Patent;

selling, offering to sell, licensing or purporting to license any product falling

of any of the claims of the 854 Patent or the 667 Patent;

engaging in acts constituting contributory infringement of any of the

claims of the 854 Patent or the 667 Patent; and

For judgment finding the infringement of Defendant to be willful, and for an

award of enhanced damages in connection with such finding;

and attorneys fees incurred herein;

Case 5:16-cv-00989-R Document 1 Filed 12/22/15 Page 8 of 8

An award of damages adequate to compensate Plaintiff for infringement of the

to 35 U.S.C. 154(d), and that Defendant is therefore subject to a damages award;

An award of Plaintiffs costs in bringing this action, pursuant to at least 28 U.S.C.

1920 and 35 U.S.C. 284;

An order that Plaintiff be granted pre-judgment and post-judgment interest; and

Plaintiff, ADVANCED AERODYNAMICS, L.L.C., hereby demands a jury trial on all

Case 5:16-cv-00989-R Document 1-1 Filed 12/22/15 Page 1 of 2

Case 5:16-cv-00989-R Document 1-1 Filed 12/22/15 Page 2 of 2

,16758&7,216 )25 $77251(<6 &203/(7,1* &,9,/ &29(5 6+((7 )250 -6 

2ULJLQ. Place an X in one of the seven boxes.

Case 5:16-cv-00989-R Document 1-2 Filed 12/22/15 Page 1 of 2

UNITED STATES DISTRICT COURT

Southern District of Florida

Civil Action No. 0:15-cv-62679

SUMMONS IN A CIVIL ACTION

A lawsuit has been filed against you.

Case 5:16-cv-00989-R Document 1-2 Filed 12/22/15 Page 2 of 2

,16758&7,216 )25 $77251(<6 &203/(7,1* &,9,/ &29(5 6+((7 )250 -6