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8/3/2019 Kyocera v. Eastman Kodak Company
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1 CASE NO. ______COMPLAINT
sd-575528
M. ANDREW WOODMANSEE (CA SBN 201780)[email protected]. DALE BUXTON II (CA SBN 222580)[email protected] G. ANDREU-VON EUW (CA SBN 265360)[email protected] & FOERSTERLLP12531 High Bluff DriveSan Diego, California 92130-2040Telephone: 858.720.5100Facsimile: 858.720.5125
Attorneys for PlaintiffKYOCERA CORPORATION
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KYOCERA CORPORATION,
Plaintiff,
v.
EASTMAN KODAKCOMPANY,
Defendants.
CASE NO:___________________
COMPLAINT FOR INFRINGEMENTOF U.S. PATENT NO. 7,097,286
DEMAND FOR JURY TRIAL
PlaintiffKyocera Corporation. (KYOCERA) files this Complaint and Demand for Jury
Trial seeking relief for patent infringementby Defendant Eastman Kodak Company (KODAK).
For its Complaint, KYOCERA alleges the following:
THE PARTIES
1. Plaintiff KYOCERA is a Japanese corporation with its principal office at 6 Takeda
Tobadono-cho, Fushimi-ku, Kyoto-shi 612-8501, Japan. KYOCERAs North American
operations are headquartered at 8611 Balboa Avenue, San Diego, California.
2. For over fifty years KYOCERA has been an innovator in ceramic components for
electronics, as well as an innovator and a leader for over a decade in discovering, patenting, and
implementing new technology for computer printers, multifunction products (MFPs) and other
diverse technologies such as telecommunications equipment.
___________'11 CV2934 JMAJAH
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2 CASE NO. ______COMPLAINT
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3. On information and belief, Defendant KODAK is a corporation organized and
existing under the laws of the State ofNew Jersey with a principal place of business at 343 State
Street, Rochester, New York 14650.
JURISDICTION AND VENUE4. 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. Plaintiffrepeats and incorporates by reference the allegations set forth above.
7. 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. The 286 Patent is valid and enforceable.
9. 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. KODAKhas infringed and continues to infringe at least one claim ofthe 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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3 CASE NO. ______COMPLAINT
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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. KODAKis 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 ofKYOCERAs 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. PlaintiffKYOCERA hereby demands a jury trial on all issues so triable .
PRAYER FOR RELIEF
WHEREFORE, PlaintiffKYOCERA requests the following relief:
a) That judgment be entered in favor of KYOCERA that KODAKhas 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;
and
e) That KYOCERA be awarded such other costs and further relief as the Court may
deem just and proper.
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4 CASE NO. ______COMPLAINT
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DATED: December 19, 2011 Respectfully submitted,
MORRISON & FOERSTERLLP
By: /s/ M. Andrew WoodmanseeM. Andrew [email protected]. Dale Buxton [email protected] G. Andreu-von [email protected]
Attorneys for PlaintiffKYOCERA CORPORATION
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S 44 (Rev. 09/11) CIVIL COVER SHEEThe 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 proy 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 inhe civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
. (a) PLAINTIFFS
KYOCERA CORPORATION,
(b) County of Residence of First Listed PlaintiffSan Diego
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
SEE ATTACHMENT
DEFENDANTSEASTMAN KODAK COMPANY,
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATITHE TRACT OF LAND INVOLVED.
Attorneys (If Known)
I. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X" in One Box for Pla(For Diversity Cases Only) and One Box for Defendant
1 U.S. Government
Plaintiff
2 U.S. Government
Defendant
3 Federal Question
(U.S. Government Not a Party)
4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen of This State
Citizen of Another State
Citizen or Subject of a
Foreign Country
PTF DEF
1 1
2 2
3 3
Incorporated orPrincipal Placeof Business In This State
Incorporated andPrincipal Place
of Business In Another State
Foreign Nation
PTF D
4
5
6
V. NATURE OF SUIT (Place an "X" in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
625 Drug Related Seizure
of Property 21 USC 881
690 Other
820 Copyrights
830 Patent
840 Trademark
LABOR SOCIAL SECURITY
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability196 Franchise
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other PersonalInjury
362 Personal Injury -
Med. Malpractice
PERSONAL INJURY
365 Personal Injury -
Product Liability
367 Health Care/
PharmaceuticalPersonal InjuryProduct Liability
368 Asbestos Personal
Injury ProductLiability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage385 Property Damage
Product Liability
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and MedicalLeave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act
IMMIGRATION
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities -
Employment
446 Amer. w/Disabilities -
Other
448 Education
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee -
Conditions ofConfinement
462 Naturalization Application
463 Habeas Corpus -
Alien Detainee(Prisoner Petition)
465 Other Immigration
Actions
870 Taxes (U.S. Plaintiff or
Defendant)
871 IRSThird Party
26 USC 7609
375 False Claims Act
400 State Reapportionm
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influence
Corrupt Organizati
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commod
Exchange
890 Other Statutory Act
891 Agricultural Acts
893 Environmental Matt
895 Freedom of Informa
Act
896 Arbitration
899 Administrative Proc
Act/Review or App
Agency Decision
950 Constitutionality of
State Statutes
V. ORIGIN (Place an "X" in One Box Only) Transferred from1 Original
Proceeding2 Removed from
State Court3 Remanded from
Appellate Court4 Reinstated or
Reopened5 another district
(specify)
6 MultidistrictLitigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 U.S.C. 271 VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement - US 7,097,286
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23DEMAND $ CHECK YES only if demanded in complaint
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY(See instructions):
JUDGE DOCKET NUMBER
ATE
December 19, 2011SIGNATURE OF ATTORNEY OF RECORD
/s/ M. Andrew WoodmanseeOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
'11 CV2934 JMAJAH
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sd-577194
ATTACHMENT TO CIVIL COVER SHEET
I(c) Plaintiffs Attorneys (Firm Name, Address, and Telephone Number):
M. ANDREW WOODMANSEE (CA SBN 201780)[email protected]. DALE BUXTON II (CA SBN 222580)[email protected] G. ANDREU-VON EUW (CA SBN 265360)[email protected] & FOERSTERLLP12531 High Bluff DriveSan Diego, California 92130-2040Telephone: 858.720.5100Facsimile: 858.720.5125
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S 44 Reverse (Rev. 09/11)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
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 requby 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 fouse 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 eachcomplaint filed. The attorney filing a case should complete the form as follows:
. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
he 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, giboth name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides
ime 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 condemnacases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, nn this section "(see attachment)".
I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" inof 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.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenshhe different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sefor each principal party.
V. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI beloufficient 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 natu
uit, select the most definitive.
V. Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the pet
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidiitigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Whenbox is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional staunless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numand the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.