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M. ANDREW WOODMANSEE (CA SBN 201780) mawoodmansee@mofo.com E. DALE BUXTON II (CA SBN 222580) dbuxton@mofo.com CHRISTIAN G. ANDREU-VON EUW (CA SBN 265360) CAndreuvonEuw@mofo.com MORRISON & FOERSTER LLP 12531 High Bluff Drive San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Plaintiff KYOCERA CORPORATION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA KYOCERA CORPORATION, Plaintiff, v. EASTMAN KODAK COMPANY, Defendants. DEMAND FOR JURY TRIAL
Plaintiff Kyocera Corporation. (KYOCERA) files this Complaint and Demand for Jury 18 Trial seeking relief for patent infringement by Defendant Eastman Kodak Company (KODAK). 19 For its Complaint, KYOCERA alleges the following: 20 21 1. 22 Tobadono-cho, Fushimi-ku, Kyoto-shi 612-8501, Japan. KYOCERAs North American 23 operations are headquartered at 8611 Balboa Avenue, San Diego, California. 24 2. 25 electronics, as well as an innovator and a leader for over a decade in discovering, patenting, and 26 implementing new technology for computer printers, multifunction products (MFPs) and other 27 diverse technologies such as telecommunications equipment. 28 1
sd-575528 CASE NO. ______ COMPLAINT
THE PARTIES Plaintiff KYOCERA is a Japanese corporation with its principal office at 6 Takeda
For over fifty years KYOCERA has been an innovator in ceramic components for
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3.
existing under the laws of the State of New Jersey with a principal place of business at 343 State Street, Rochester, New York 14650. JURISDICTION AND VENUE 4. The Court has subject matter jurisdiction 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. Venue is proper in this federal district pursuant to 28 U.S.C. 1391 and 1400(b) at least in that Defendants have done business in this District, have committed acts of infringement in this District, and continue to commit acts of infringement in this District, entitling KYOCERA to relief. 5. On information and belief, Defendant KODAK researches and designs inkjet
printers, MFPs, and inkjet printer supplies in the Southern District of California. FIRST CLAIM FOR RELIEF (Infringement of U.S. Patent No. 7,097,286) 6. 7. Plaintiff repeats and incorporates by reference the allegations set forth above. On August 29, 2006, United States Patent Number 7,097,286 (the 286 Patent)
titled Ink Jet Recording Head Structure, Ink Jet Printer, Powder Molding Method, Method of Manufacturing Recording Head Structure Supporting Member, and Powder Molding Press Apparatus was duly issued to KYOCERA. A true and correct copy of the 286 Patent is attached hereto as Exhibit 1. 8. 9. The 286 Patent is valid and enforceable. By assignment recorded in the PTO on April 12, 2004, each inventor of the 286
Patent assigned its title and interest in the 286 patent to KYOCERA. 10. KODAK has infringed and continues to infringe at least one claim of the 286
patent, literally and under the doctrine of equivalents, by its manufacturing, use, importation, sale, and/or offers for sale of its products utilizing inkjet technology, including, but not limited to, the Kodak inkjet printheads and the inkjet printers and MFPs that utilize those inkjet printheads.
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11.
KODAK also indirectly infringes at least one claim of the 286 patent, literally and
under the doctrine of equivalents, by its contributing to and inducement of others to manufacture, use, sell, import, and/or offer for sale infringing products. KODAK is liable for its infringement of the 286 patent pursuant to 35 U.S.C. 271. 12. Defendant KODAKs acts of infringement have caused damage to KYOCERA,
and KYOCERA is entitled to recover from Defendant the damages sustained by KYOCERA as a result of Defendants wrongful acts in an amount subject to proof at trial. Defendants infringement of KYOCERAs exclusive rights under the 286 patent will continue to damage KYOCERA, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. JURY DEMAND 13. Plaintiff KYOCERA hereby demands a jury trial on all issues so triable. PRAYER FOR RELIEF WHEREFORE, Plaintiff KYOCERA requests the following relief: a) That judgment be entered in favor of KYOCERA that KODAK has infringed U.S.
Patent No. 7,097,286 in violation of 35 U.S.C. 271; b) That permanent injunctions be issued pursuant to 35 U.S.C. 283 enjoining
KODAK, its officers, agents, servants, employees, and all other persons acting in concert or participation with it from further infringement of the 286 Patent; c) That KYOCERA be awarded damages pursuant to 35 U.S.C. 284 arising out of
KODAKs infringement of the 286 Patent, together with prejudgment and post-judgment interest, according to proof at trial; d) That KYOCERA be awarded any other remedy to which they are entitled by law;
e)
That KYOCERA be awarded such other costs and further relief as the Court may
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By: /s/ M. Andrew Woodmansee M. Andrew Woodmansee mawoodmansee@mofo.com E. Dale Buxton II dbuxton@mofo.com Christian G. Andreu-von Euw candreuvoneuw@mofo.com Attorneys for Plaintiff KYOCERA CORPORATION
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JS 44 (Rev. 09/11)
The 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, 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(c)
SEE ATTACHMENT
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X" in One Box for Plaintiff)
(For Diversity Cases Only) PTF 1 Citizen of This State Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF 4 4 Incorporated or Principal Place of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes 5 6 5 6
3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)
REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609
IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee (Prisoner Petition) 465 Other Immigration Actions
V. ORIGIN
1 Original Proceeding
4 Reinstated or Reopened
6 Multidistrict Litigation
VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY
DATE
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 Brief description of cause:
U.S.C. 271
DEMAND $
CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER
JUDGE
SIGNATURE OF ATTORNEY OF RECORD
I(c) Plaintiffs Attorneys (Firm Name, Address, and Telephone Number): M. ANDREW WOODMANSEE (CA SBN 201780) mawoodmansee@mofo.com E. DALE BUXTON II (CA SBN 222580) dbuxton@mofo.com CHRISTIAN G. ANDREU-VON EUW (CA SBN 265360) candreuvonEuw@mofo.com MORRISON & FOERSTER LLP 12531 High Bluff Drive San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125
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