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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

BIG WILL ENTERPRISES INC., 

Plaintiff, 

vs. 

MONTBLANC NORTH AMERICA, LLC, 

Defendant.

Civil Action File No.: 6:20-cv-354 

JURY TRIAL DEMANDED 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiff Big Will Enterprises Inc. (“BWE” or the “Plaintiff”) in British Columbia, by and 

through their undersigned attorneys, file this original Complaint against Defendant Montblanc 

North America, LLC (“Montblanc” or “Defendant”) and allege, based on its own knowledge with 

respect to itself and its own actions and based on information and belief as to all other matters, as 

follows: 

INTRODUCTION 

1.

This is an action for patent infringement arising under the patent laws of the United States, 

Title 35, United States Code to enjoin infringement and obtain damages from Defendant’s 

unauthorized manufacture, use, sale, offer to sell, and/or importation into the United States for the 

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subsequent use or sale of products or methods that infringe one or more claims of United States 

Patents Nos. 9,049,558; 8,737,951; 8,559,914; and 8,452,273. 

2.

BWE is an innovative company in the field of sensor technology for determining human 

activities for health, safety and other uses. BWE’s sensor based technologies go beyond 

determining simple human locations and include uniquely identifying human activities for 

automatically monitoring and tracking movements, such as sleep, stationary, walking, running, 

cycling, falling down, rotating and other human movements where capturing data and or providing 

feedback if desired. BWE has created proprietary technologies in this field of technology since at 

least 2007 for, among other benefits, the increased health, safety and wellbeing of its users. BWE’s 

patented technology was developed for use on a wide variety of devices, including smartphones 

and wearables and are in use on many popular products in the market today. In addition to 

licensing, BWE has incorporated its patented technology in its own test platforms for determining 

human activities, motions within activities, accidents and falls, among others. 

3.

 BWE’s sensor monitoring, processing and communication technology is covered by the 

claims of the ’558 Patent, the ’951 Patent, the ’914 Patent, and the ’273 Patent asserted in this 

action, as well as other BWE patents. 

JURISDICTION AND VENUE

4.

BWE is a British Columbia company, incorporated in Canada having its principal place of 

business at 4573 West 1st Avenue, Vancouver, British Columbia V6R 1H7, Canada. 

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5.

On information and belief, Defendant Montblanc North America, LLC is a company 

formed under the laws of the State of Delaware. Montblanc is registered with the State of Texas 

to transact business in the state, it has an online business and many stores throughout the state 

including a store located at 15900 La Cantera Parkway, San Antonio TX, 78256. On information 

and belief, Montblanc manufactures luxury goods including but not limited to: watches, jewelry, 

travel goods, and writing implements and sells these items online throughout the Western District 

of Texas and in at least its store in San Antonio.

6.

Upon information and belief, Defendant may be served this Complaint by service upon its 

registered agent C T Corporation System, 1999 Bryan St., Ste. 900 Dallas, TX 75201.

7.

This is an action for infringement of a United States patent arising under 35 U.S.C. §§ 271, 

281, and 284-285, among others. This Court has subject matter jurisdiction over all causes of action 

set forth herein pursuant to 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the 

patent laws of the United States, 35 U.S.C. §§ 1 et seq. 

8.

Venue is proper in this judicial district and division pursuant to 28 U.S.C. §§1391(b) and 

(c) and 1400(b) in that, upon information and belief, Defendant routinely does business within this 

district, Defendant has committed acts of infringement within this district, and Defendant 

continues to commit acts of infringement within this district. 

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9.

Upon information and belief, Defendant is subject to this Court’s specific and general 

personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to 

Defendant’s substantial business in this State and judicial district, including: (i) at least a portion 

of the infringements alleged herein; and/or (ii) regularly doing or soliciting business, engaging in 

other persistent courses of conduct, and/or deriving substantial revenue from goods and services 

provided to individuals in Texas and in this district. 

ALLEGATIONS COMMON TO ALL COUNTS 

10.

Plaintiff (“BWE”) owns all right, title, interest in, and has standing to sue for infringement 

the following patents: United States Patents No. 9,049,558 (“the ’558 patent”), entitled “Systems 

and methods for determining mobile thing motion activity (MTMA) using sensor data of wireless 

communication device (WCD) and initiating activity-based actions,” issued on June 02, 2015; 

United States Patents No. 8,737,951 (“the ’951 patent”), entitled “Interactive personal surveillance 

and security (IPSS) systems and methods,” issued on May 27, 2014; United States Patents No. 

8,559,914 (“the ’914 patent”) entitled “Interactive personal surveillance and security (IPSS) 

systems and methods,” issued on October 15, 2013, and United States Patents No. 8,452,273 (“the 

’273 patent”), entitled “Systems and methods for determining mobile thing motion activity 

(MTMA) using accelerometer of wireless communication device,” issued May 28, 2013. Copies 

of the ’558 Patent, the ’951 Patent, the ’914 Patent and the ’273 Patent are attached as Exhibits 

1-4. 

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COUNT I 

DIRECT INFRINGEMENT OF THE ’558 PATENT

11.

Plaintiffs incorporate by reference the allegations of Paragraphs 1-10. 

12.

Defendant has directly infringed and continues to directly infringe at least one or more 

claims of the ’558 Patent, through among other activities, engineering, designing, supplying, 

marketing, advertising, and sale of consumer wearable activity trackers.

13.

The Defendant’s Montblanc Summit 2 uses BWE technologies. The Montblanc Summit 2 

use technologies noted in at least claims 17, 27, 42 and 52 of the ‘558 patent and likely other claims 

in the BWE patents. 

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14.

The Defendant’s website and its supporting information describe the online user 

information is available at https://www.montblanc.com/en-us/discover/specials/summit2.html and 

the manuals are available at https://www.montblanc.com/en-us/montblanc-customer-service/usermanuals.html. The Montblanc Summit 2 uses the data from the accelerometer and heart rate 

sensors to track human activities such as how much time the user spends sleeping, when sedentary, 

when running and others. Accelerometer data is received by time periods, length and or size and 

when this data is matched by multiple sets of data, activities are determined by the Montblanc 

Summit 2 and with apps. 

15.

Montblanc Summit 2 uses the accelerometer reference data for determining activities such 

as how much time the user spends sleeping, when sedentary, when running and others. The 

accelerometer data is normalized by time and or adjusting values and or series of data and or 

sample size for processing with reference data. Peak frequencies, time between peaks, rounding 

and other processes may be used. By comparing the Montblanc Summit 2 accelerometer data with 

reference data activities such as how much time the user spends sleeping, when sedentary, when 

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running and others the human activity is identified. It can also track your sleep, calories burnt and 

calories consumed, hiking, sedentary moments and more. 

16.

The Montblanc Summit 2 is connected to internal and external smartphone applications 

use data from the accelerometer sensors to determine how much time the user spends sleeping, 

when sedentary, when running and others. The Montblanc Summit 2 also use accelerometers (and 

other sensors) to collect and process sensor data when users are wearing Montblanc Summit 2. 

Montblanc Summit 2 computes reference data within a framework (values, size, time, peaks, 

frequencies, filtering out dominant frequencies, etc.) with accelerometer data samples within the 

Montblanc Summit 2. 

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17.

The Montblanc Summit 2 contains memories, a processor, code and use data from 

accelerometer sensors to determine when a user is sleeping, sedentary, running and other human 

activity. 

COUNT 2 

DIRECT INFRINGEMENT OF THE ’951 PATENT

18.

Plaintiffs incorporate by reference the allegations of Paragraphs 1-20. 

19.

Defendant has directly infringed and continues to directly infringe at least Claim 10 or 

more claims of the ’951 Patent, through, among other activities, engineering, designing, supplying, 

marketing, advertising, and selling of consumer wearable activity trackers.

20.

The Montblanc Summit 2 is connected to internal and external smartphone applications 

and use data from accelerometer sensors to determine when a user is in deep or light sleep and 

when the user is stationary/sedentary (not walking) for too long. Montblanc Summit 2 is also 

connected to internal and external smartphone applications for determining how much time the 

user spends sleeping, when sedentary, when running and others via sets of data that are 

continuously compared to reference data. When the Montblanc Summit 2 connected to internal 

and external smartphone applications and when the user enters the sleep function the Summit 2 

enters into a first investigation process by monitoring accelerometer data for determining when 

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sleep stages occur. The Montblanc Summit 2 connected to internal and external smartphone 

applications will also investigate at least different types of data for sleep cycles.

COUNT 3 

DIRECT INFRINGEMENT OF THE ’273 PATENT

21.

Plaintiffs incorporate by reference the allegations of Paragraphs 1-20. 

22.

Defendant has directly infringed and continues to directly infringe at least Claims 12 and 

22 or more claims of the ’273 Patent, through, among other activities, engineering, designing, 

supplying, marketing, advertising, and selling of consumer wearable activity tracker products. 

23.

The Montblanc Summit 2 uses data from the accelerometer sensors to determine how much 

time the user spends sleeping, when sedentary, when running and others. The Montblanc 

Summit 2 connected to internal and external smartphone is equipped with accelerometers for 

determining and tracking human activities via accelerations via sets of data that are 

continuously compared to reference data. 

24.

The Montblanc Summit 2 connected to internal and external smartphone uses reference 

data that determines peaks (2D) inertia motions by the accelerometer, normalizes the second 

data with the reference data so that the second data can be analyzed in the 2D space. 

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25.

In response to the receiving live data, the data is sampled by time and or ranges/averages, 

which is using a 2D analysis and identifying a mobile thing motion activity associated with a 

mobile based upon the normalized second data. By comparing reference data for deep sleep, 

light sleep and when awake to live or recorded motion data from the accelerometer the activity 

is determined. 

26.

The Montblanc Summit 2 connected to internal and external smartphone apps use data 

from a three dimensional (3D) accelerometer sensors to monitor when a user moves during sleep. 

The accelerometer data comes in sets corresponding to a time value that are continuously compared 

to reference data. Montblanc Summit 2 connected to internal and external smartphone apps use 

reference data that when matched with live (or recorded) accelerometer data will determine how 

much time the user spends sleeping, when sedentary, when running and others and other human 

activity identifications; calculating movement data for each set based upon the reference data. In 

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response to the receiving live data, the data is sampled by time, peaks, ranges, and or averages; 

and by comparing the reference data when sleep occurs with live accelerometer data that is 

normalized (by determining peaks, frequencies, timing, etc.) the motion activity (how much time 

the user spends sleeping, when sedentary, when running and others is determined. It can also track 

your sleep, calories burnt and calories consumed, hiking, sedentary moments and more. 

COUNT 4 

DIRECT INFRINGEMENT OF THE ’914 PATENT

27.

Plaintiffs incorporate by reference the allegations of Paragraphs 1-27. 

28.

Defendant has directly infringed and continues to directly infringe at least Claim 5 and 15, 

or more claims of the ’914 Patent, through, among other activities, engineering, designing, 

supplying, marketing, advertising, and selling of consumer wearable activity trackers.

29.

The Montblanc Summit 2 connected to internal and external smartphone use data from at 

least an accelerometer to determine how much time the user spends sleeping, when sedentary, 

running and other human activity. 

30.

Montblanc Summit 2 connected to internal and external smartphone applications uses at 

least accelerometer reference data for determining how much time the user spends sleeping, when 

sedentary, when running and others by values and or time-series (samples) and or frequencies. 

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31.

Montblanc Summit 2 connected to communicates surveillance information to external 

smartphone applications. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff prays for relief that the Court enter judgment in their favor and 

against the Defendant, granting the following relief: 

A. That the Court enter judgment that one or more claims of the ’558 Patent have been 

infringed either literally and/or under the doctrine of equivalents, by Defendant; 

B. That the Court enter judgment that one or more claims of the ’951 Patent have 

been infringed either literally and/or under the doctrine of equivalents, by Defendant; 

C. That the Court enter judgment that one or more claims of the ’273 Patent have been 

infringed either literally and/or under the doctrine of equivalents, by Defendant; 

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D. That the Court enter judgment that one or more claims of the ’914 Patent have been 

infringed either literally and/or under the doctrine of equivalents, by Defendant; 

E. That Defendant be ordered to pay damages adequate to compensate Plaintiff for its 

acts of infringement, pursuant to 35 U.S.C. § 284; 

F. That Plaintiff be awarded increased damages under 35 U.S.C. § 284 due to 

Defendant’s willful infringement of the ’558, the ’914, the ’951, and the’273. Patents; That the 

Court find that this case is exceptional and award Plaintiff reasonable attorneys’ fees pursuant to 

35 U.S.C. § 285; 

G. That Defendant, its officers, agents, employees, and those acting in privity with it, 

be preliminarily enjoined from further infringement, contributory infringement, and/or inducing 

infringement of the patent-in-suit, pursuant to 35 U.S.C. § 283; 

H. That Defendant, its officers, agents, employees, and those acting in privity with it, 

be permanently enjoined from further infringement, contributory infringement, and/or inducing 

infringement of the patent-in-suit, pursuant to 35 U.S.C. § 283; 

I. That Defendant be ordered to pay prejudgment and post-judgment interest; 

J. That Defendant be ordered to pay all costs associated with this action; and 

K. That Plaintiff be granted such other and additional relief as the Court deems just, 

equitable, and proper. 

DEMAND FOR JURY TRIAL 

Pursuant to Fed. R. Civ. P. 38(b), Plaintiffs demands a jury trial on all issues justiciable by 

a jury. 

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Respectfully Submitted, 

Dated: April 30, 2020 

/s/ H. Artoush Ohanian 

H. Artoush Ohanian 

State Bar No. 24013260 

artoush@ohanianip.com 

OHANIANIP 

604 West 13th Street 

Austin, Texas 78701 

Telephone: (512) 277-3266 

Facsimile: (512) 298-2005 

Counsel for Plaintiff 

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