Free Motion for Leave to File - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION, and PARKER INTANGIBLES, LLC, Plaintiffs, v. ZIPPERTUBING (JAPAN), LTD., Defendant. ) ) ) ) ) ) ) ) ) )

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PLAINTIFF PARKER-HANNIFIN CORPORATION'S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT Plaintiff Parker-Hannifin Corp. ("Parker"), through counsel, hereby moves the Court, pursuant to Fed.R.Civ.P. 15(a) and 21, for leave to file and serve a First Amended Complaint, attached hereto as Exhibit 1. A second copy ("Redlined") of this pleading "which ... indicate[s] in what respect it differs from the pleading which it amends," as required by Local Rule 15.1, is attached hereto as Exhibit 2. The First Amended Complaint adds Parker Intangibles, LLC, assignee of the patents-in-suit, as a plaintiff. This motion is filed within the time frames set by the Court's Scheduling Order for motions to add parties and amend pleadings. (D.I. 16, ¶ 2). Parker conferred with counsel for Defendant, as required under Local Rule 7.1.1, and they have informed us that Defendant does not oppose this motion, without waiver of its defenses and objections to the assertions in the Complaints. WHEREFORE, Plaintiff requests leave to file and serve the attached First Amended Complaint.

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Respectfully submitted,

/s/ Francis DiGiovanni Rudolf E. Hutz (#484) Francis DiGiovanni (#3189) Steven A. Nash (PA #85707 admitted pro hac vice) The Nemours Building 1007 N. Orange Street P.O. Box 2207 Wilmington, DE 19899 Phone (302) 658-9141 [email protected] [email protected] [email protected] Dated: January 10, 2008

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CERTIFICATE OF SERVICE I hereby certify that on January 10, 2008, I caused to be electronically filed a true and correct copy of the foregoing documents with the Clerk of the Court using CM/ECF, which will send notification that such filing is available for viewing and downloading to counsel of record on the Court's CM/ECF registrants for this case. I further certify that on January 10, 2008, I caused a copy of the foregoing documents to be served upon the following in the manner indicated: BY E-MAIL AND HAND DELIVERY William J. Marsden, Jr. FISH & RICHARDSON P.C. 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 [email protected] BY E-MAIL AND U.S. MAIL John P. Pegram Michael T. Zoppo FISH & RICHARDSON P.C. Citigroup Center 153 East 53rd Street, 52nd Floor New York, NY 10022-4611 [email protected] [email protected] /s/ Francis DiGiovanni Francis DiGiovanni (#3189)

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EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION and PARKER INTANGIBLES, LLC, Plaintiffs, v. ZIPPERTUBING (JAPAN) LTD., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 1:06-cv-751-*** JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT Plaintiffs, PARKER-HANNIFIN CORPORATION and PARKER INTANGIBLES, LLC, as and for their complaint against defendant, ZIPPERTUBING (JAPAN) LTD., allege as follows: THE PARTIES 1. Plaintiff PARKER-HANNIFIN CORPORATION (hereinafter "PARKER") is a

corporation organized and existing under the laws of the State of Ohio, having its principal place of business at 6035 Parkland Blvd., Cleveland, Ohio. 2. Plaintiff PARKER INTANGIBLES, LLC (hereinafter "PI") is a Delaware limited

liability company, having a place of business at 6035 Parkland Blvd., Cleveland, Ohio, and a whollyowned subsidiary of PARKER. 3. Defendant, ZIPPERTUBING (JAPAN) LTD. (hereinafter "ZTL"), is a corporation

organized and existing under the laws of Japan, with its principal place of business at Yamamoto Bldg. 71, Kyo-machi, Chuo-Ku, Kobe 65, Japan. JURISDICTION AND VENUE 4. 5. The jurisdiction of this Court arises under 28 U.S.C. '' 1331 and 1338(a). Venue is proper in this district pursuant to 28 U.S.C. '' 1391(b) and (c), and 1400(b).

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THE PATENTS 6. On May 14, 2002, United States Letters Patent No. 6,387,523 (hereinafter the "`523

patent") (attached hereto as Exhibit "A") was duly and legally issued. The `523 patent is owned by PI. PARKER is the exclusive licensee under the `523 patent, and has the right to sue for past, present, and future infringement of the `523 patent, and further the right to seek injunctive relief and monetary damages. 7. On February 18, 2003, United States Letters Patent No. 6,521,348 (hereinafter the

"`348 patent") (attached hereto as Exhibit "B") was duly and legally issued. The `348 patent is owned by PI. PARKER is the exclusive licensee under the `348 patent, and has the right to sue for past, present, and future infringement of the `348 patent, and further the right to seek injunctive relief and monetary damages. 8. On April 6, 2004, United States Letters Patent No. 6,716,536 (hereinafter the "`536

patent") (attached hereto as Exhibit "C") was duly and legally issued. The `536 patent is owned by PI. PARKER is the exclusive licensee under the `536 patent, and has the right to sue for past, present, and future infringement of the `536 patent, and further the right to seek injunctive relief and monetary damages. 9. On August 17, 2004, United States Letters Patent No. 6,777,095 (hereinafter the

"`095 patent") (attached hereto as Exhibit "D") was duly and legally issued. The `095 patent is owned by PI. PARKER is the exclusive licensee under the `095 patent, and has the right to sue for past, present, and future infringement of the `095 patent, and further the right to seek injunctive relief and monetary damages.

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PATENT INFRINGEMENT 10. ZTL has been and still is infringing one or more claims of the `523, `348, `536, and/or

`095 patents. ZTL's infringing activities have included direct infringement, contributory infringement and active inducement of infringement within the meaning of 35 U.S.C. '' 271(a) through (c). 11. ZTL has committed acts of infringement in disregard of PARKER's and PI's

(hereinafter collectively "Plaintiffs") rights in the `523, `348, `536, and/or `095 patents. Upon information and belief, ZTL's infringement has been willful, deliberate and intentional, and will continue, to Plaintiffs' irreparable harm, unless enjoined by this Court. WHEREFORE, plaintiff demands judgment as follows: A. 6,777,095; B. That ZTL be permanently enjoined from further conduct which infringes the `523, That ZTL has infringed U.S. Patent Nos. 6,387,523; 6,521,348; 6,716,536; and/or

`348, `536, or `095 patents; C. That Plaintiffs be awarded damages adequate to compensate them for ZTL's

infringement, and that the damages be trebled because of the willful nature of ZTL's infringement, together with interest, pursuant to 35 U.S.C. ' 284; and D. That Plaintiffs be awarded their attorney fees and costs in this action, together with

such other relief as this Court deems appropriate.

DEMAND FOR JURY TRIAL Plaintiffs hereby request a trial by jury.

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/s/ Francis DiGiovanni Rudolf E. Hutz (#484) Francis DiGiovanni (#3189) Steven A. Nash (PA #85707 admitted pro hac vice) The Nemours Building 1007 N. Orange Street Wilmington, DE 19899 Phone (302) 658-9141 [email protected] [email protected] [email protected] Attorneys for Plaintiffs Dated: _January 10, 2008_

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EXHIBIT 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION, PARKER INTANGIBLES, LLC, Plaintiff, Plaintiffs, v. ZIPPERTUBING (JAPAN) LTD., DEMANDED Defendant. ) ) ) and ) ) ) ) ) ) ) C.A. No. )

1:06-cv-751-*** ) JURY TRIAL

FIRST AMENDED COMPLAINT PlaintiffPlaintiffs, PARKER-HANNIFIN CORPORATION and PARKER

INTANGIBLES, LLC, as and for itstheir complaint against defendant, ZIPPERTUBING (JAPAN) LTD., allegesallege as follows: THE PARTIES 1. Plaintiff, PARKER-HANNIFIN CORPORATION (hereinafter "PARKER"), is a

corporation organized and existing under the laws of the State of Ohio, having its principal place of business at 6035 Parkland Blvd., Cleveland, Ohio. 2. Plaintiff PARKER INTANGIBLES, LLC (hereinafter "PI") is a Delaware limited

liability company, having a place of business at 6035 Parkland Blvd., Cleveland, Ohio, and a wholly-owned subsidiary of PARKER. 3. Defendant, ZIPPERTUBING (JAPAN) LTD. (hereinafter "ZTL"), is, on

information and belief, a corporation organized and existing under the laws of Japan, with its principal place of business at Yamamoto Bldg. 71, Kyo-machi, Chuo-Ku, Kobe 65, Japan.

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JURISDICTION AND VENUE 3.4. 4.5. 1400(b). THE PATENTS 5.6. On May 14, 2002, United States Letters Patent No. 6,387,523 (hereinafter the The jurisdiction of this Court arises under 28 U.S.C. '' 1331 and 1338(a). Venue is proper in this district pursuant to 28 U.S.C. '' 1391(b) and (c), and

"`523 patent") (attached hereto as Exhibit "A") was duly and legally issued. The `523 patent is owned by Parker Intangibles LLC, a Delaware limited liability company which is a whollyowned subsidiary of Parker. ParkerPI. PARKER is the exclusive licensee under the `523 patent, and has the right to sue for past, present, and future infringement of the `523 patent, and further the right to seek injunctive relief and monetary damages. 6.7. On February 18, 2003, United States Letters Patent No. 6,521,348 (hereinafter the

"`348 patent") (attached hereto as Exhibit "B") was duly and legally issued. The `348 patent is owned by Parker Intangibles LLC, a Delaware limited liability company which is a whollyowned subsidiary of Parker. ParkerPI. PARKER is the exclusive licensee under the `348 patent, and has the right to sue for past, present, and future infringement of the `348 patent, and further the right to seek injunctive relief and monetary damages. 7.8. On April 6, 2004, United States Letters Patent No. 6,716,536 (hereinafter the

"`536 patent") (attached hereto as Exhibit "C") was duly and legally issued. The `536 patent is owned by Parker Intangibles LLC, a Delaware limited liability company which is a whollyowned subsidiary of Parker. ParkerPI. PARKER is the exclusive licensee under the `536 patent,

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and has the right to sue for past, present, and future infringement of the `536 patent, and further the right to seek injunctive relief and monetary damages. 8.9. On August 17, 2004, United States Letters Patent No. 6,777,095 (hereinafter the

"`095 patent") (attached hereto as Exhibit "D") was duly and legally issued. The `095 patent is owned by Parker Intangibles LLC, a Delaware limited liability company which is a whollyowned subsidiary of Parker. ParkerPI. PARKER is the exclusive licensee under the `095 patent, and has the right to sue for past, present, and future infringement of the `095 patent, and further the right to seek injunctive relief and monetary damages. PATENT INFRINGEMENT 9.10. ZTL has been and still is infringing one or more claims of the `523, `348, `536, and/or `095 patents. ZTL's infringing activities have included direct infringement, contributory infringement and active inducement of infringement within the meaning of 35 U.S.C. '' 271(a) through (c). 10.11. ZTL has committed acts of infringement in disregard of PARKER's and PI's (hereinafter collectively "Plaintiffs") rights in the `523, `348, `536, and/or `095 patents. Upon information and belief, ZTL's infringement has been willful, deliberate and intentional, and will continue, to PARKER'sPlaintiffs' irreparable harm, unless enjoined by this Court. WHEREFORE, plaintiff demands judgment as follows: A. 6,777,095; B. That ZTL be permanently enjoined from further conduct which infringes the `523, That ZTL has infringed U.S. Patent Nos. 6,387,523; 6,521,348; 6,716,536; and/or

`348, `536, or `095 patents; 3

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C.

That PARKERPlaintiffs be awarded damages adequate to compensate itthem for

ZTL's infringement, and that the damages be trebled because of the willful nature of ZTL's infringement, together with interest, pursuant to 35 U.S.C. ' 284; and D. That PARKERPlaintiffs be awarded itstheir attorney fees and costs in this action,

together with such other relief as this Court deems appropriate.

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DEMAND FOR JURY TRIAL PARKERPlaintiffs hereby requestsrequest a trial by jury.

/s/ Francis DiGiovanni Rudolf E. Hutz (#484) Harold Pezzner (#479) Francis DiGiovanni (#3189) Attorneys for Plaintiff Steven A. Nash (PA #85707 admitted pro hac vice) The Nemours Building 1007 N. Orange Street Wilmington, DE 19899 Phone (302) 658-9141 [email protected] [email protected] [email protected] [email protected] Attorneys for Plaintiffs Dated: December 8, 2006_January 10, 2008_
503539_1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION, and PARKER INTANGIBLES, LLC, Plaintiffs, v. ZIPPERTUBING (JAPAN), LTD., Defendant. ORDER WHEREAS, the Court has reviewed plaintiff Parker-Hannifin Corp.'s Unopposed Motion for Leave to File First Amended Complaint (the "Motion"); IT IS SO ORDERED, this ______ day of ______________, 2008, pursuant to Federal Rule of Civil Procedure 15(a), that the Motion is granted, and plaintiff ParkerHannifin Corp.'s First Amended Complaint as set forth in Exhibit 1 to the Motion is deemed filed and served on defendant Zippertubing (Japan), LTD. ) ) ) ) ) ) ) ) ) )

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____________________________________ United States District Judge