Free Opening Brief in Support - District Court of Delaware - Delaware

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DAVID C. DOYLE (CA SBN 70690) ERIC M. ACKER (CA SBN 135805) E. DALE BUXTON II (CA SBN 222580) KATHERINE L. PARKER (CA SBN 222629) MORRISON & FOERSTER LLP 12531 High Bluff Drive Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Attorneys for Plaintiff MAXWELL TECHNOLOGIES, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MAXWELL TECHNOLOGIES, INC., Plaintiff, v.

Case No.

06-cv-2311 JAH (BLM)

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

NESSCAP, INC., and NESSCAP CO., LTD. Defendants.

PARTIES 1. Maxwell Technologies, Inc. ("Maxwell" or "Plaintiff") is a public corporation

existing under the laws of the State of California and has its principal place of business at 9244 Balboa Avenue, San Diego, California 92123. 2. Nesscap, Inc. is incorporated under the laws of Delaware. Nesscap, Inc. owns

100% of its Korean subsidiary, Nesscap Co., Ltd. which has its principal place of business at 7508, Gomae-Dong, Kiheung-Gu, Yongin, Kyonggi-Do, 449-901, Republic of Korea. Nesscap, Inc. and Nesscap Co., Ltd will collectively be referred to as "Nesscap" or "Defendant". JURISDICTION AND VENUE 3. This is an action arising under the patent laws of the United States, Title 35 of the

United States Code, Section 271. The Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1338(a) and 1331. 1
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Case No. 06cv2311-JAH-BLM MAXWELL'S 1st AMENDED COMPLAINT FOR PATENT INFRINGEMENT

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1 2 3 4 5 6 7 8 9 10 11

4.

Personal jurisdiction is based upon Fed. R. Civ. P. 4(h) and Cal. Civ. Proc. Code

§ 410.10 governing long-arm jurisdiction. Nesscap's contacts with this jurisdiction include Nesscap's doing business in this district, and its commission of acts of patent infringement in this district. 5. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).

Nesscap's contacts with this district are sufficient to render it amenable to personal jurisdiction in this district, and Nesscap has committed acts of infringement in this district. Nesscap's contacts with this district include sales and offers for sale of infringing products. These contacts are related to, or gave rise to, Maxwell's claims for patent infringement. FIRST CLAIM (Infringement of U.S. Patent No. 6,525,924) 6. Plaintiff hereby incorporates by this reference paragraphs 1 through 5 inclusive. On February 25, 2003, U.S. Patent No. 6,525,924 ("the `924 patent") entitled

12 7. 13 "Device for Accumulating Electrical Energy Composed of a Winding of Superimposed Strips and 14 Method of Production" was duly and legally issued, and assigned to Montena Components S.A. 15 by the named inventors. A true and correct copy of the `924 patent is attached hereto as Exhibit 16 1. 17 8. 18 Stock Purchase and Barter Agreement dated May 30, 2002. Therefore, Plaintiff is the current 19 owner of the `924 patent. This Stock Purchase and Barter Agreement was recorded with the U.S. 20 Patent and Trademark Office on October 13, 2006. A true and correct copy of the Stock Purchase 21 and Barter Agreement as recorded with the U.S. Patent and Trademark Office is attached hereto 22 as Exhibit 2. 23 9. 24 making, using, and/or selling or offering for sale products embodying the patented invention in 25 the United States. 26 10. 27 unless enjoined by this court. 28 2
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Case No. 06cv2311-JAH-BLM MAXWELL'S 1st AMENDED COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff acquired Montena Components S.A. and all of its assets pursuant to a

Defendant has been infringing the `924 patent in violation of 35 U.S.C. § 271 by

Upon information and belief, Defendant will continue to infringe the `924 patent

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1 2 3 4 5

11.

Upon information and belief, Defendant's past and continued infringement of the

`924 patent is willful and deliberate, rendering this case appropriate for treble damages under 35 U.S.C. § 284 and making this an exceptional case under 35 U.S.C. § 285. SECOND CLAIM (Infringement of U.S. Patent No. 6,631,074) 12. Plaintiff hereby incorporates by this reference paragraphs 1 through 11 inclusive. On October 7, 2003, U.S. Patent No. 6,631,074 ("the `074 patent") entitled

6 13. 7 "Electrochemical Double Layer Capacitor Having Carbon Powder Electrodes" was duly and 8 legally issued, and assigned to Maxwell Technologies, Inc. by the named inventors. A true and 9 correct copy of the `074 patent is attached hereto as Exhibit 3. 10 14. 11 making, using, and/or selling or offering for sale products embodying the patented invention in 12 the United States. 13 15. 14 unless enjoined by this court. 15 16. 16 `074 patent is willful and deliberate, rendering this case appropriate for treble damages under 35 17 U.S.C. § 284 and making this an exceptional case under 35 U.S.C. § 285. 18 19 20 A. 21 B. 22 Defendant and its agents, servants, employees, successors, and assigns, and all persons acting 23 under the authority of, or in privity or concert with Defendant from directly or indirectly 24 infringing, or contributing to the infringement of the `924 and `074 patents; 25 C. 26 Plaintiff for the infringement of the `924 and `074 patents; 27 28 3
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Case No. 06cv2311-JAH-BLM MAXWELL'S 1st AMENDED COMPLAINT FOR PATENT INFRINGEMENT

Defendant has been infringing the `074 patent in violation of 35 U.S.C. § 271 by

Upon information and belief, Defendant will continue to infringe the `074 patent

Upon information and belief, Defendant's past and continued infringement of the

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for the following relief: A judgment by the Court that Defendant is infringing the `924 and `074 patents; Preliminary and permanent injunctions pursuant to 35 U.S.C. § 283 that enjoin

An award of damages that the Defendant be ordered to account for and pay to

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D.

That such damages be trebled for the willful, deliberate, and intentional

infringement by Defendant as alleged herein in accordance with 35 U.S.C. § 284; E. F. That Plaintiff be awarded interest on the damages so computed; An award of costs and attorneys' fees pursuant to 35 U.S.C. § 285 or as otherwise

permitted by law; and G. For such other and further relief the Plaintiff may be entitled to as a matter of law

or that the Court may deem just and equitable under the circumstances. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury pursuant to Rule 38 of the Rules of Civil Procedure. Dated: November 2, 2006 MORRISON & FOERSTER LLP

By:

/s David C. Doyle Attorneys for Plaintiff MAXWELL TECHNOLOGIES, INC. Email: [email protected]

4
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Case No. 06cv2311-JAH-BLM MAXWELL'S 1st AMENDED COMPLAINT FOR PATENT INFRINGEMENT

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(12)

United States Patent
Gallay et al.

(10) (45)

Patent NO.: US 6,525,924 B2 Date of Patent: Feb. 25,2003

(54) DEVICE FOR ACCUMULATING

ELECTRICAL ENERGY COMPOSED OF A WINDING OF SUPERIMPOSED STRIPS AND METHOD OF PRODUCTION
(75) Inventors: Roland Gallay, Farvagny (CH); Dominique Guillet, Marly (CH); Vincent Hermann, Fribourg (CH); Adrian Schneuwly, Schmitten (CH) (73) Assignee: Montena Components S.A., Rossens (CH)

4,546,415 4,633,369 5,017,442 6,021,040 6.031.713 6:054:233 6,282,081 6,307,733 6,310,756 6,310,764

A A A A A A Bl B1 B1 B1

* 1011985 Kent et al. .................. 3611433 * * * * * * * *
1211986 511991 212000 212000 412000 812001 1012001 1012001 1012001 Lapp et al. Watanabe et al. Suzuki et al. ............... 3611514 Takeishi et al. ............ 3611517 Vourlis Takabayashi et al. Maruyama et al. ......... 3611511 Miura et al. ............. 3611301.3 Will et al. .................. 3611513

FOREIGN PATENT DOCUMENTS

( * ) Notice:

Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days.

* cited by examiner
Primary Examiner--Anthony Dinkins Assistant Examiner4guyen T. Ha (74) Attorney, Agent, or F i r m q l i f f & Berridge, PLC (57)

(21) Appl. No.: 091966,258 (22) Filed: (65)

Oct. 1, 2001 Prior Publication Data

ABSTRACT

US 200210048140 A1 Apr. 25, 2002

(30)

Oct. 25, 2000

Foreign Application Priority Data (EP) ........................................ 00810995

(51) Int. CL7 .................................................. HOlG 4/06 (52) U.S. C1. .................... 3611511; 3611301.1; 3611330; 3611512; 3611502; 3611503 (58) Field of Search .............................. 3611511, 301.3, 3611517, 535, 512, 523, 528, 532, 514, 502, 513, 433, 328, 330 (56)
4,447,854 A *

References Cited
U.S. PATENT DOCUMENTS
511984 Markarian

The invention relates to a device for accumulation of electrical energy. The device is a substantially cylindrical winding of strips. At least one strip is a strip conductor. The device is defined transversally by a substantially cylindrical lateral face and longitudinally by two opposite end faces. Each of the two opposite end faces contains an edge of the strip conductor. In the device, at least one of the edges of at least one strip conductor contains a plurality of teeth. The teeth are disposed on at least one of the end faces and form at least one set in which they are substantially superimposed in a predetermined direction, approximately perpendicular to a plane tangent to the cylindrical face. The teeth constitute a group of elements of electrical connection to a terminal and in which each element extends itself in continuity with the strip conductor which comprises the element. 14 Claims, 3 Drawing Sheets

.................. 3611329

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U.S. Patent

Feb. 25,2003

Sheet 1 of 3

FIG. I

EXHIBIT 1 PAGE 6

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U.S. Patent

Feb. 25,2003

Sheet 2 of 3

FIG. 2

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U.S. Patent

Feb. 25,2003

Sheet 3 of 3

FIG. 3A

28
- _ .._
.... ..

U4

FIG. 3C

FIG. 3D

EXHIBIT 1 PAGE 8

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US 6,525,924 B2

1
DEVICE FOR ACCUMULATING ELECTRICAL ENERGY COMPOSED OF A WINDING OF SUPERIMPOSED STRIPS AND METHOD OF PRODUCTION

2

The invention will be better understood from reading the description which follows, given by way of non-limiting example, with reference to the attached drawing representing schematically: s FIG. 1: a view in longitudinal section of a device This invention relates to a device for accumulating according to the invention, electrical energy composed of a winding of superimposed FIG. 2: a view in perspective, showing the device accordstrips. The invention also relates to a method for producing ing to the invention during its production, according to a a device for accumulating electrical energy composed of a preferred embodiment of the method for producing the winding of superimposed strips. 10 invention, The invention applies preferably, but not exclusively, to FIGS. 3A to 3D: four views in perspective of four steps the production of capacitors of electrochemical type. involved in producing the device according to the invention. Production of capacitors through spiral winding of a Referring to the drawing, one sees a device 1for accumulating electrical energy comprising a substantially cylinplurality of strips of different materials which are preferably superimposed has been known for a long time. IS drical winding of strips 2, at least one of which is an electrical strip conductor 2. This device 1is defined transConventionally, two of the strips are of electrically conductversally by a substantially cylindrical lateral face 1 A and ing material so as to constitute the two electrodes of the longitudinally by two opposite end faces lB, 1C which each capacitor, and these strip electrodes are each connected by at contain an edge 2B, 2C of the said electrical strip conductor least one collector element at an electrical connection ter20 2. minal outside the capacitor. The device 1is preferably an electrochemical capacitor The windings thus produced are generally of substanmade up of a spiral winding of a plurality of superimposed tially cylindrical shape, generated by rotation or flattened, strips 2. and have a substantially cylindrical lateral face and two opposite end faces. Preferably, but not exclusively, each electrical strip conThese windings are generally covered by a protective 25 ductor 2 is made of aluminum. sheathing made of an electrically insulating material and to In one embodiment of the invention for producing elecwhich electrical connection terminals are fixed. trochemical capacitors, the device comprises two electrical As described in U.S. Pat. No. 4,633,369 for making up strip conductors 2 which are superimposed. collector elements that connect the electrodes to terminals of Each electrical strip conductor 2 has two opposite faces a capacitor obtained by winding strips or sheets. Known is 30 21,22, one of which 21, referred to as the first, bears a layer offsetting the two strip electrodes with respect to a median 3 of material allowing a high degree of electrochemical plane orthogonal to the winding in such a way that after activity, and the other 22, referred to as the second, likewise winding, each strip has, at right angles to one of the end bears a layer 3 of material permitting a high degree of faces of the winding, an edge which is free by the amount electrochemical activity, itself covered by a layer element 4, of the offsetting. 35 referred to as the separator element 4. The amount of offsetting is selected in such a way that a The indication according to which each face 21,22 of the metallic element can be crimped, clamped or soldered onto electrical strip conductor 2 bears a layer 3 of material the conducting part formed at each end of the capacitor, and permitting a high degree of electrochemical activity includes thereby constitute a collector element which itself can be in particular the fact that this layer 3 consists of a deposit of connected to an electrical terminal of the said capacitor. 40 material allowing a high degree of electrochemical activity This technical solution is satisfactory with respect to on the said face 21, 22 or an applied strip of material efficiency of the connection and the section that is estaballowing a high degree of electrochemical activity. lished for the current to pass through, but since it is Likewise, the indication according to which the second cumbersome, it has serious drawbacks. face 22 of the electrical strip conductor 2 bears a layer 3 of An object of the invention is to propose a device for 45 material permitting a high degree of electrochemical accumulating electrical energy made up of a winding of activity, itself covered by the separator element 4, includes superimposed strips which does not have the aforemenin particular the fact that this separator element 4 consists of tioned drawbacks. a deposit of material on the layer 3 of material permitting a To this end, the invention has as its subject matter a high degree of electrochemical activity or an applied strip of device for accumulating electrical energy comprising a so this material. substantially cylindrical winding of strips, at least one of In the embodiment of the invention for producing elecwhich is an electrical strip conductor, this device being trochemical capacitors, the separator layer 4 consists of a defined transversallv bv a substantiallv cvlindrical lateral material which is an electrical insulator and an ionic con, , , , face and longitudinally by two opposite end faces which ductor when it is impregnated with an electrolyte agent. For example, the electrolyte is a liquid or a polymer each include an edge of the said electrical strip conductor. ss This device is characterized in particular in that at least one which impregnates the layers 3 of material permitting a high of the edges of at least one electrical strip conductor contains degree of electrochemical activity and the separator element 4. a plurality of teeth disposed in such a way that on at least one of the end faces of the device they form at least one set in In the embodiment of the invention for producing elecwhich they are substantially superimposed in a predeter- 60 trochemical capacitors, the material may be, but is not mined direction, approximately perpendicular to a plane limited to, carbon (activated carbon, graphite, carbon black), tangent to the cylindrical face of the said device, so as to rare earth oxides, metal foams, etc. constitute a group of elements of electrical connection to a As shown in the drawing, each of the electrical strip terminal and in which each element extends in continuity conductors 2 constitutes one of the electrodes of the 65 capacitor, and is connected by at least one electrical conwith the electrical strip conductor which comprises it. The invention also has as its subject matter a method of necting element 5 to at least one electrical connection producing a device of the aforementioned type. terminal 6 that is external to the capacitor 1.

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US 6,525,924 B2

3
In the embodiment shown, the device 1 comprises a protective sheathing ID, made up of a wall ID, for instance rigid and consisting of electrically insulating material. This device is noteworthy in that at least one of the edges 2B, 2C at least One bears a plurality of teeth 5 disposed in such a way that on at least one of the end faces lB, 1C of the device 1, they form at least one set in which they are substantially superimposed in a predetermined direction, approximately perpendicular to a plane tangent to the cylindrical face 1A of the said device, so as to a group of elements 5 of electrical connection to a terminal 6 and in which each element 5 extends in continuity with the strip 2 which comprises it, These technical features enable the device 1 to be provided with groups of electrical collector elements each constituting an electrical conductor, the transverse crosssection of which is large without any drawback with regard to the volume it occupies on each end face lB, 1C of the said device 1. The device 1for accumulating electrical energy is likewise noteworthy in that, on the one hand, each electrical strip conductor 2, including teeth 5, which is used to make up the device has an initial width L greater than the distance D separating the end faces 1B, 1C of the winding, and, on the other hand, the teeth 5 are obtained by cutting notches 7 in at least one lateral border 2D, 2E of the said electrical strip conductor 2. Designated by the initial width L of the electrical strip conductor 2 is the width which can be measured between its two lateral borders 2D, 2E before cutting the notches 7. Conforming to these technical features makes it possible to ensure that each tooth 5 is in continuity with the electrical which it and that there is therefore no break in the electrical connection desired. The device 1 for accumulating electrical energy is also in that, On the One hand, in each set where the teeth 5 are superimposed, they are, at least locally, applied tightly against one another by their opposite faces 5A, 5B so as to establish electrical contact between them, and, on the hand, are at least an electrical connection terminal 6, external to the device 1. Conforming to these technical features makes it possible to establish an electrical connection of high quality with each electrical connection terminal 6, external to the device 1. The device 1 for accumulating electrical energy is also noteworthy in that in each set where the teeth 5 are superimposed, they are, at least locally, applied tightly against one another by riveting by means of an element 8 inserted through the thickness of the set of said teeth 5. For example, a spindle 8 is inserted through the thickness of the set of said teeth 5, with its end then deformed in such a way as to lock the assembly. In a variant, the device for accumulating electrical energy is also noteworthy in that in each set where the teeth 5 are superimposed, they are, at least locally, applied tightly against one another by soldering. This solution does not exclude use of the aforementioned spindle 8. In another embodiment, the device 1comprises at least one set of teeth 5 on each of these end faces lB, l C , and each of these sets is connected to a terminal 6 situated at the level of the said face l B , 1C. In another embodiment: the device 1comprises an electrical conducting element 9 disposed substantially axially with respect to the winding and which has an end 9B, 9C jutting out over each of the end faces lB, 1C of the device,

4
at the level of a first 1B of the end faces l B , 1C of the device 1, at least one first set of teeth 5 is connected at least directly to a first end 9B of the conducting element 9 which is situated at the level of this first end face l B , at the level of the second end face l C , the second end 9B of the conducting element 9 is, for its part, connected to a first terminal 6, whereas at least a second set of teeth 5 situated at the level of this second face 1C is itself connected to a second terminal 6. The invention also has as an object a method for producing a device 1for accumulating electrical energy, on the one hand, defined transversally by a substantially cylindrical lateral face 1 A and longitudinally by two opposite end faces l B , 1C separated by a distance D, and, on the other hand, obtained by winding strips 2 at least one of which being an electrical strip conductor 2 whose initial width L, defined between two lateral borders 2D, 2E, is greater than the distance D that separates the said opposite end faces l B , 1C. The method according to the invention is noteworthy in that it is at the latest after the strips 2 have been wound that the teeth 5 are obtained by cutting notches 7 in at least one of the two lateral borders 2D, 2~ which determine the initial width L of at least one electrical strip conductor 2, ~ h notches are made preferably after the winding, , 1, a variant embodiment,the cutting of at least part of the notches 7 defining each tooth 5 is achieved after the winding of the part of the electrical strip conductor 2 that has to bear this tooth 5, This technique makes it possible to achieve the teeth as each strip to be provided with teeth is wound, which makes it possible for the winding machines to be operated without any real technical difficulties and without repercussions on the high productivity of this type of machine. ~ ~ to an equally noteworthy ~ ~ ~ variant of the d method, at least part of the notches 7 which delimit the teeth 5 are obtained prior to the winding of at least one electrical strip conductor 2, In another embodiment, all the notches 7 that delimit the teeth 5 are achieved prior to the winding of the electrical strip conductor 2, 1, a noteworthy way, the winding of the strips 2 is carried out around an electrical conductor element 9 of length such that it is able, at least after the device has been made, to have one end 9B, 9C jutting out over each of the end faces lB, 1C of the said device 1, at the latest after the winding, teeth 5 are formed on two electrical strip conductors 2 in such a way that each of the end faces l B 3 lC the device is of be provided with at least one set of teeth 5, at the level of a first end face 1B of the winding, at least one first set of teeth 5 is connected to a first end 9B of the conducting element 9 which is situated at the level of this end face l B , at the level of the second end face l C , on the one hand, the second end 9B of the conducing element 9 is connected to a first terminal 6, and, on the other hand, at least one set of teeth 5 situated at the level of this second face is connected to a second terminal 6. However, this last-mentioned embodiment of the method does not exclude production of devices which are flattened after withdrawal of a removable winding tube on which they have been made beforehand. In a noteworthy way, at least one electrical strip conductor 2 is used having two opposite faces 21,22, one of which 21, referred to as the first, bears a layer 3 of material permitting

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US 6,525,924 B2
5
a high degree of electrochemical activity, and the other 22, referred to as the second, likewise bears a layer 3 of material permitting a high degree of electrochemical activity, itself covered by a layer element 4, referred to as separator element 4. 5 In a likewise noteworthy way, at least one electrical strip conductor 2 is used whose two layers 3 of material permitting a high degree of electrochemical activity and whose separator element 4, which equip the two opposite faces 21, 22, extend from one of the two lateral borders 2D, 2E over l o a transverse dimension substantially equal to the distance D which the end faces lC the device TO this end, each face 21, 22 of the electrical strip conductor 2 has a portion without covering which is partitularly suitable for making teeth 5. 15 What is claimed is: 1. Adevice for accumulating electrical energy comprising a substantially cylindrical winding of strips at least one of which is an electrical strip conductor, this device being defined transversally by a substantially cylindrical lateral 20 end faces which face and longitudinally by two each contain an edge of the electrical strip conductor, this device being characterized in that at least one of the edges of at least one electrical strip conductor includes a plurality of teeth disposed in such a way that on at least one of the end 25 faces of the device they form at least one set in which they are substantially superimposed in a predetermined direction, approximately perpendicular to a plane tangent to the c ~ l i n drical face of the device, in such a way as to constitute a group of elements of electrical connection to a terminal and 30 in which each element extends in continuity with the electrical strip conductor which comprises the element. 2. The device for accumulating electrical energy according to claim 1, characterized in that, on the one hand, each strip, including teeth, which is used to constitute the device 35 width (L) greater than the distance (D) which has an the end faces the and, On the hand, the teeth are obtained by cutting notches in at least one lateral border of the electrical strip conductor. 3. The device for accumulating electrical energy accord- 40 ing to claim 1, characterized in that, on the one hand, in each are, at least set where the teeth are locally, applied tightly against one another by their opposite faces in such a way as to establish electrical contact between are at least them, and, On the other hand, 45 connected to an electrical connection terminal, external to the device. 4. The device for accumulating electrical energy according to claim 3, characterized in that in each set where the teeth are situated superimposed, they are, at least locally, so applied tightly against one another by riveting by means of an element inserted through the thickness of the set of said teeth. 5. The device for accumulating electrical energy according to claim 3, characterized in that in each set where the 5s teeth are situated superimposed, they are, at least locally, applied tightly against one another by soldering. 6. The device for accumulating electrical energy according to claim 3, characterized in that it comprises at least one set of teeth on each of said end faces, and each of said sets 60 is connected to a terminal situated at the level of the face. 7. The device for accumulating electrical energy according to claim 3, characterized in that the device 1 further comprises an electrical conducting element disposed substantially axially with respect to 65 the winding and which has an end jutting out over each of the end faces of the device,
l B 3

6
at the level of a first of the end faces of the device, at least one first set of teeth is connected at least directly to a first end of the conducting element which is situated at the level of this first end face, at the level of the second end face, the second end of the conducting element is, for its part, connected to a first terminal, whereas at least a second set of teeth situated at the level of this second face is itself connected to a second terminal. 8, A method of producing a device for accumulating electrical energy the device defined transversally by a substantially cylindrical lateral face and longitudinally by two opposite end faces separated by a distance, the method comprising winding strips at least one of which being an electrical strip conduclor whose initial width (L), defined between two lateral borders, is greater than the distance (D) that separates the opposite end faces, this method being characterized in that it is at the latest after the strips have been wound that the teeth are achieved by cutting notches in at least one of the two lateral borders which determine the initial width (L) of at least one electrical strip conductor. 9, ~ h method of production according to claim 8, char, acterized in that the cutting of at least part of the notches determining each tooth is achieved after the winding of the part of the electrical strip conductor that has to bear this tooth, 10. The method of production according to claim 8, characterized in that at least part of the notches which delimit the teeth are achieved prior to the winding of at least one electrical strip conductor, 11, ~h~ method of production according to claim 8, characterized in that all the notches that delimit the teeth are achieved prior to the winding of the electrical strip conductor, 12, A method of producing a device for accumulating electrical energy, the device defined transversally by a substantially cylindrical lateral face and longitudinally by two opposite end faces separated by a distance (D), the method comprising winding strips at least one of which being an electrical strip conductor whose initial width (L), defined between two lateral borders, is greater than a distance (D) that separates the opposite end faces, this method being characterized in that: the winding of the strips is carried out around an electrical conductor element of length such that it is able, at least after the device has been made, to have one end jutting out over each of the end faces of the device, at the latest after the winding, teeth are formed on two strip conductors in such a way that each of the two end faces of the device is able to be provided with at least one set of teeth, at the level of a first end face of the winding, at least one first set of teeth is connected to a first end of the conducting element which is situated at the level of this end face, at the level of the second end face, on the one hand, the second end of the conducing element is connected to a first terminal, and, on the other hand, at least one set of teeth situated at the level of this second face is connected to a second terminal. 13. The method of production according to claim 8, characterized in that at least one electrical strip conductor is used having two opposite faces, one of which, referred to as the first, bears a layer of material permitting a high degree of electrochemical activity, and the other, referred to as the second, likewise bears a layer of material permitting a high

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US 6,525,924 B2

7
degree of electrochemical activity, itself covered by a layer element, referred to as separator element. 14. The method of production according to claim 13, characterized in that at least one electrical strip conductor is used whose two layers of material permitting a high degree s of electrochemical activity and whose separator element,

8
which equip the two opposite faces, extend from one of the two lateral borders over a transverse dimension substantially equal to the distance (D) which separates the two end faces of the device.

* * * * *

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Callie A. Bjurstrom, State Bar No. 137816 Email: [email protected] Michelle A. Herrera, State Bar No. 209842 Email: [email protected] LUCE, FORWARD, HAMILTON & SCRIPPS LLP 600 West Broadway, Suite 2600 San Diego, California 92101-3372 Telephone No.: 619.236.1414 Fax No.: 619.232.8311 Brian M. Gaff, State Bar No. 202896 Email: [email protected] EDWARDS ANGELL PALMER & DODGE LLP 111 Huntington Avenue Boston, MA 02199-7613 Telephone: 617-439-4444 Facsimile: 617-439-4170 Attorneys for NessCap, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MAXWELL TECHNOLOGIES, INC., Plaintiff, v. NESSCAP, INC. and NESSCAP CO., LTD., Defendants. Case No. 06CV2311-JAH(BLM) NESSCAP, INC.'S ANSWER TO FIRST AMENDED COMPLAINT, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS; DEMAND FOR JURY TRIAL Judge: The Hon. John A. Houston Crtrm: 11 Complaint Filed: October 17, 2006

Defendant, NessCap, Inc., hereby answers the First Amended Complaint of Plaintiff Maxwell Technologies, Inc. ("Maxwell") as follows: /// /// /// /// /// /// 1
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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 28 3. 1.

I. ANSWER Parties Maxwell Technologies, Inc. ("Maxwell" or "Plaintiff") is a public corporation

existing under the laws of the State of California and has its principal place of business at 9244 Balboa Avenue, San Diego, California 92123. ANSWER: NessCap, Inc. is without knowledge or information sufficient to form a

belief as to the truth of the allegations in this paragraph. 2. Nesscap, Inc. is incorporated under the laws of Delaware. Nesscap, Inc. owns

100% of its Korean subsidiary, Nesscap Co., Ltd. which has its principal place of business at 7508, Gomae-Dong, Kiheung-Gu, Yongin, Kyonggi-Do, 449-901, Republic of Korea. Nesscap, Inc. and Nesscap Co., Ltd will collectively be referred to as "Nesscap" or "Defendant". ANSWER: NessCap, Inc. admits that it is a corporation that is organized under

Delaware law. NessCap, Inc. admits that it owns 100% of NessCap Co., Ltd., which is located at (466-901) 750-8 Gome-Dong, Kiheung-Gu, Yongin-City, Kyonggi-Do, South Korea. NessCap, Inc. denies the remaining allegations in this paragraph. Jurisdiction And Venue This is an action arising under the patent laws of the United States, Title 35 of the

United States Code, Section 271. The Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1338(a) and 1331. ANSWER: is required. 4. Personal jurisdiction is based upon Fed. R. Civ. P. 4(h) and Cal. Civ. Proc. Code Nesscap's contacts with this jurisdiction include The allegations in this paragraph are legal conclusions to which no response

§ 410.10 governing long-arm jurisdiction.

Nesscap's doing business in this district, and its commission of acts of patent infringement in this district. /// /// 2
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ANSWER:

NessCap, Inc. denies that it does business in the Southern District of

California. NessCap, Inc. denies that it has committed any act of patent infringement in the Southern District of California or anywhere else. The remaining allegations in this paragraph are legal conclusions to which no response is required. 5. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).

Nesscap's contacts with this district are sufficient to render it amenable to personal jurisdiction in this district, and Nesscap has committed acts of infringement in this district. Nesscap's contacts with this district include sales and offers for sale of infringing products. These contacts are related to, or gave rise to, Maxwell's claims for patent infringement. ANSWER: NessCap, Inc. denies having sufficient contacts with this district to render it

amenable to personal jurisdiction in this district for this patent infringement action. NessCap, Inc. denies that it has committed any act of patent infringement in the Southern District of California or anywhere else. NessCap, Inc. denies that it has made sales or offers for sale of products in the Southern District of California. The remaining allegations in this paragraph are legal conclusions to which no response is required. First Claim 6. Plaintiff hereby incorporates by this reference paragraphs 1 through 5 inclusive. NessCap, Inc. repeats and incorporates herein by reference its answers to

ANSWER: paragraphs 1-5. 7.

On February 25, 2003, U.S. Patent No. 6,525,924 ("the `924 patent") entitled

"Device for Accumulating Electrical Energy Composed of a Winding of Superimposed Strips and Method of Production" was duly and legally issued, and assigned to Montena Components S.A. by the named inventors. A true and correct copy of the `924 patent is attached hereto as Exhibit 1. ANSWER: NessCap, Inc. admits that U.S. Patent No. 6,525,924 bears an issue date of

February 25, 2003, but denies any implication that this patent is valid or enforceable. NessCap, Inc. is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in this paragraph. /// 3
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8.

Plaintiff acquired Montena Components S.A. and all of its assets pursuant to a

Stock Purchase and Barter Agreement dated May 30, 2002. Therefore, Plaintiff is the current owner of the `924 patent. This Stock Purchase and Barter Agreement was recorded with the U.S. Patent and Trademark Office on October 13, 2006. A true and correct copy of the Stock Purchase and Barter Agreement as recorded with the U.S. Patent and Trademark Office is attached hereto as Exhibit 2. ANSWER: NessCap, Inc. is without knowledge or information sufficient to form a

belief as to the truth of the allegations in this paragraph. 9. Defendant has been infringing the `924 patent in violation of 35 U.S.C. § 271 by

making, using, and/or selling or offering for sale products embodying the patented invention in the United States. ANSWER: 10. Denied.

Upon information and belief, Defendant will continue to infringe the `924 patent

unless enjoined by this court. ANSWER: 11. Denied.

Upon information and belief, Defendant's past and continued infringement of the

`924 patent is willful and deliberate, rendering this case appropriate for treble damages under 35 U.S.C. § 284 and making this an exceptional case under 35 U.S.C. § 285. ANSWER: Denied. Second Claim 12. Plaintiff hereby incorporates by this reference paragraphs 1 through 11 inclusive. NessCap, Inc. repeats and incorporates herein by reference its answers to

ANSWER: paragraphs 1-11. 13.

On October 7, 2003, U.S. Patent No. 6,631,074 ("the `074 patent") entitled

"Electrochemical Double Layer Capacitor Having Carbon Powder Electrodes" was duly and legally issued, and assigned to Maxwell Technologies, Inc. by the named inventors. A true and correct copy of the `074 patent is attached hereto as Exhibit 3. /// 4
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ANSWER:

NessCap, Inc. admits that U.S. Patent No. 6,631,074 bears an issue date of

October 7, 2003, but denies any implication that this patent is valid or enforceable. NessCap, Inc. is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in this paragraph. 14. Defendant has been infringing the `074 patent in violation of 35 U.S.C. § 271 by

making, using, and/or selling or offering for sale products embodying the patented invention in the United States. ANSWER: 15. Denied.

Upon information and belief, Defendant will continue to infringe the `074 patent

unless enjoined by this court. ANSWER: 16. Denied.

Upon information and belief, Defendant's past and continued infringement of the

`074 patent is willful and deliberate, rendering this case appropriate for treble damages under 35 U.S.C. § 284 and making this an exceptional case under 35 U.S.C. § 285. ANSWER: Denied. Prayer For Relief NessCap, Inc. denies that Plaintiff is entitled to any of the relief requested in the First Amended Complaint. II. AFFIRMATIVE DEFENSES 17. Maxwell's First Amended Complaint fails to state a claim against NessCap, Inc. on

which relief may be granted. 18. NessCap, Inc. has not infringed, contributorily infringed, and/or induced

infringement, and does not infringe, contributorily infringe, and/or induce infringement of any valid claims of the `924 patent or the `074 patent, either literally or under the Doctrine of Equivalents. 19. The `924 patent and the `074 patent are invalid for failure to meet one or more of

the conditions of patentability set forth in 35 U.S.C. §§101, 102, 103, and/or 112. 5
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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 28 A. § 288.

20.

By virtue of the prosecution histories of the `924 patent and the `074 patent,

Maxwell is estopped from construing the claims of these patents to cover any products made, sold, or used by NessCap Co., Ltd., or any acts by NessCap, Inc. 21. 22. Maxwell has failed to comply with 35 U.S.C. §287. Maxwell is precluded from recovering its costs under the provisions of 35 U.S.C.

23. 24.

Maxwell comes to this Court with unclean hands. The `924 patent and the `074 patent are unenforceable due to laches. III. COUNTERCLAIMS

Invalidity And Noninfringement Of U.S. Patent No. 6,525,924 25. NessCap, Inc.'s answers to paragraphs 1-16 and allegations of paragraphs 17-24 are

incorporated in this Counterclaim. 26. This Counterclaim is for a Declaratory Judgment and arises under the Patent Laws

of the United States. 35 U.S.C. § 1 et seq. 27. This Court has jurisdiction over the subject matter of this Counterclaim under 28

U.S.C. §§ 1331, 1338(a), 2201, and 2202, and under Rule 13 of the Federal Rules of Civil Procedure. 28. Venue is proper in this judicial district under 28 U.S.C. §§1391(b) and 1391(c), and

Maxwell, by virtue of having brought suit against NessCap, Inc., has submitted itself to the jurisdiction of this Court. 29. An actual and justiciable controversy exists between Maxwell and NessCap, Inc.

based on Maxwell having filed the Complaint and the First Amended Complaint. 30. Maxwell alleges that it is the owner of U.S. Patent No. 6,525,924 ("the `924

patent") entitled "Device for Accumulating Electrical Energy Composed of a Winding of Superimposed Strips and Method of Production." 31. 32. NessCap, Inc. does not infringe the `924 patent. On information and belief, the `924 patent is invalid. 6
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B.

Invalidity And Noninfringement Of U.S. Patent No. 6,631,074 33. NessCap, Inc.'s answers to paragraphs 1-16 and allegations of paragraphs 17-32 are

incorporated in this Counterclaim. 34. Maxwell alleges that it is the owner of U.S. Patent No. 6,631,074 ("the `074

patent") entitled "Electrochemical Double Layer Capacitor Having Carbon Powder Electrodes." 35. 36. NessCap, Inc. does not infringe the `074 patent. On information and belief, the `074 patent is invalid. IV. PRAYERS FOR RELIEF WHEREFORE, NessCap, Inc. denies that Maxwell is entitled to any of the relief prayed for in its First Amended Complaint, and NessCap, Inc. requests judgment against Maxwell and respectfully prays that this Court enter orders that: (a) (b) (c) Maxwell's Complaint and First Amended Complaint be dismissed with prejudice; Declare that the claims of the `924 patent and the `074 patent are invalid; Declare that NessCap, Inc. has not committed any act of direct and/or indirect

infringement of the `924 patent or the `074 patent with respect to products that NessCap Co., Ltd. makes, uses, imports into the United States, offers for sale, or sells, or any act by NessCap, Inc.; (d) Enjoin Maxwell, its agents, servants, employees and attorneys, and all those in

active participation or privity with any of them, from charging NessCap, Inc. or its agents, distributors, or customers with infringement of the `924 patent or the `074 patent, from representing to others that NessCap, Inc. is liable for patent infringement of either of these patents, and from otherwise interfering in any way with the manufacture, use, import into the United States, offer for sale, or sale of electrical energy storage products by NessCap Co., Ltd. and with any of the business activities of NessCap, Inc.; (e) This is an exceptional case, pursuant to 35 U.S.C. § 285. NessCap, Inc., therefore,

specifically requests that the Court award NessCap, Inc. its reasonable attorney's fees, expenses and costs in this action; and /// 7
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(f)

Grant NessCap, Inc. such other and further relief as the Court deems just and

DATED: March 14, 2007

LUCE, FORWARD, HAMILTON & SCRIPPS LLP

By: s/Callie A. Bjurstrom Callie A. Bjurstrom Michelle A. Herrera Attorneys for NessCap, Inc. DATED: March 14, 2007 EDWARDS ANGELL PALMER & DODGE LLP

By: s/Brian M. Gaff George W. Neuner Brian M. Gaff Attorneys for NessCap, Inc.

8

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3799120.1

DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38, NessCap, Inc. demands a trial by jury on all issues so triable. DATED: March 14, 2007 LUCE, FORWARD, HAMILTON & SCRIPPS LLP

By: s/Callie A. Bjurstrom Callie A. Bjurstrom Michelle A. Herrera Attorneys for NessCap, Inc. DATED: March 14, 2007 EDWARDS ANGELL PALMER & DODGE LLP

By: s/Brian M. Gaff George W. Neuner Brian M. Gaff Attorneys for NessCap, Inc.

9

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Callie A. Bjurstrom, State Bar No. 137816 Email: [email protected] Michelle A. Herrera, State Bar No. 209842 Email: [email protected] LUCE, FORWARD, HAMILTON & SCRIPPS LLP 600 West Broadway, Suite 2600 San Diego, California 92101-3372 Telephone No.: 619.236.1414 Fax No.: 619.232.8311 Brian M. Gaff State Bar No. 202896 Email: [email protected] EDWARDS ANGELL PALMER & DODGE LLP 101 Federal Street Boston, MA 02110-1810 Telephone: 617-439-4444 Facsimile: 617-439-4170 Attorneys for NessCap, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MAXWELL TECHNOLOGIES, INC., Plaintiff, v. NESSCAP, INC. and NESSCAP CO., LTD., Defendants.

Case No. 06CV2311-JAH(BLM) PROOF OF SERVICE

Crtrm: 11 Judge: The Hon. John A. Houston Complaint Filed: October 17, 2006

I declare as follows: I am an attorney with the law firm of Luce, Forward, Hamilton & Scripps LLP, whose address is 600 West Broadway, Suite 2600, San Diego, California 92101-3372. I am a member of the bar of this court, over the age of eighteen years and not a party to this action. On March 14, 2007, I caused the following to be served: 1. NESSCAP, INC.'S ANSWER TO FIRST AMENDED COMPLAINT, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS; DEMAND FOR JURY TRIAL /// /// 1
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Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. David C. Doyle, Esq. Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 [email protected] [email protected] Attorneys for Plaintiff Maxwell Technologies, Inc. Katherine Lind Parker, Esq. Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 [email protected] [email protected] Attorneys for Plaintiff Maxwell Technologies, Inc. Eric Martin Acker, Esq. Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 [email protected] [email protected] Attorneys for Plaintiff Maxwell Technologies, Inc. E. Dale Buxton II, Esq. Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 [email protected] Attorneys for Plaintiff Maxwell Technologies, Inc. Brian M. Kramer, Esq. Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 [email protected] Attorneys for Plaintiff Maxwell Technologies, Inc.

/// 2
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