Free Complaint - District Court of Delaware - Delaware

Case 1:08-cv-00332-GMS

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Thomas R. Curtin George C. Jones Kathleen N. Fennelly GRAHAM CURTIN A Professional Association 4 Headquarters Plaza P.O. Box 1991 Morristown, New Jersey 07928-1991 Telephone: (973) 292-1700 Facsimile: (973) 292-1767 Richard L. Stroup Anand K. Sharma Walter D. Davis, Jr. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001-4413 Attorneys for Plaintiffs LG ELECTRONICS U.S.A., INC., LG ELECTRONICS, INC., & LG ELECTRONICS MONTERREY MEXICO, S.A., DE, CV UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : : : : : : : : :

LG ELECTRONICS U.S.A., INC., LG ELECTRONICS, INC., & LG ELECTRONICS MONTERREY MEXICO, S.A., DE, CV, Plaintiffs, v. WHIRLPOOL CORPORATION, WHIRLPOOL PATENTS COMPANY, WHIRLPOOL MANUFACTURING CORPORATION, & MAYTAG CORPORATION, Defendants.

Civil Action No.

COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiffs LG Electronics U.S.A., Inc., LG Electronics, Inc., and LG Electronics Monterrey Mexico, S.A., DE, CV (collectively, "LG") allege as follows for their Complaint for

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Declaratory Judgment against Defendants Whirlpool Corporation, Whirlpool Patents Company, Whirlpool Manufacturing Corporation, and Maytag Corporation (collectively, "Whirlpool"): Parties 1A. Plaintiff LG Electronics U.S.A., Inc. is a Delaware corporation having a principal

place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. 1B. Plaintiff LG Electronics, Inc. is a Korean corporation having a principal place of

business at LG Twin Towers, 20 Yoido-dong, Yeongdeungpo-gu, Seoul, Korea 150-721. 1C. Plaintiff LG Electronics Monterrey Mexico, S.A., DE, CV is a Mexican

corporation having a principal place of business at Av. Industrias 180, Fracc Industrial Pimsa Ote., 66603 Apodaca, Nuevo Leon, Mexico. 1D. On information and belief, Defendant Whirlpool Corporation is a Delaware

corporation having a principal place of business at 2000 North M-63, Benton Harbor, Michigan 49022. 1E. On information and belief, Defendant Whirlpool Patents Company is a Michigan

corporation having a principal place of business at 500 Renaissance Drive, Suite 102, St. Joseph, Michigan 49085 and is a wholly owned subsidiary of Whirlpool Corporation. 1F. On information and belief, Defendant Whirlpool Manufacturing Corporation is a

Michigan corporation having a principal place of business at 500 Renaissance Drive, Suite 102, St. Joseph, Michigan 49085 and is a wholly owned subsidiary of Whirlpool Corporation. 1G. On information and belief, Defendant Maytag Corporation is a Delaware

corporation having a principal place of business at 2000 North M-63, Benton Harbor, Michigan 49022 and is a wholly owned subsidiary of Whirlpool Corporation.

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Jurisdiction and Venue 2. LG brings this civil action under the Patent Laws, Title 35 of the United States

Code, and under 28 U.S.C. § 2201 to obtain a declaration of noninfringement and/or invalidity and/or unenforceability with respect to U.S. Patent Nos. 6,082,130, 6,810,680, 6,915,644, 6,971,730, and 7,240,980 (collectively, "the patents-in-suit" or "the asserted patents"). Since this action arises under the Patent Laws of the United States, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 3. 1400(b). Background 4. LG hereby restates and realleges the allegations set forth in paragraphs 1 through Venue in this judicial district is proper under 28 U.S.C. §§ 1391(b), 1391(c) and

3 and incorporates them by reference. 5. On information and belief, Whirlpool Patents Company is the owner by

assignment of U.S. Patent No. 6,082,130 and Maytag Corporation is the owner by assignment of U.S. Patent Nos. 6,810,680, 6,915,644, 6,971,730, and 7,240,980. 6. On January 23, 2008, Whirlpool filed a Complaint with the U.S. International

Trade Commission (ITC) alleging that LG was engaging in unfair acts in violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, through the alleged importation into the United States, the sale for importation into the United States, and/or the sale or offer for sale within the United States after importation, of refrigerators and components that were alleged to infringe the patents-in-suit. The ITC instituted the investigation on February 21, 2008, and the investigation has been captioned In re CERTAIN REFRIGERATORS AND COMPONENTS THEREOF, Inv. No. 337-TA-632 (ITC).

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7.

Whirlpool, based on its alleged assertion of infringement of the asserted patents

before the ITC, is seeking a permanent exclusion order under Section 337(d) and a cease and desist order under Section 337(f)(1). LG denies that it infringes any valid and enforceable claims of the asserted patents, or that Whirlpool is entitled to any relief for the alleged infringement of the asserted patents. 8. In view of Whirlpool's Complaint against LG with the ITC and the pending ITC

investigation, and in view of Whirlpool's assertions of patent infringement and requests for relief and LG's denials, an actual and justiciable controversy exists between LG and Whirlpool regarding the infringement, validity, and/or enforceability of the patents asserted in the ITC investigation, the rights of the respective parties regarding Whirlpool's allegations of infringement, and the remedies available to the respective parties regarding Whirlpool's assertion of infringement. First Count: Declaratory Judgment of Noninfringement and Invalidity of U.S. Patent No. 6,082,130 9. Plaintiffs hereby restate and reallege the allegations set forth in paragraphs 1

through 8 and incorporate them by reference. 10. On information and belief, Defendant Whirlpool Patents Company is the owner

by assignment of U.S. Patent No. 6,082,130, entitled "Ice Delivery System for a Refrigerator." A copy of U.S. Patent No. 6,082,130 is attached as Exhibit A. 11. Plaintiffs have not infringed and are not infringing, either directly or indirectly,

contributorily or otherwise any of the claims of U.S. Patent No. 6,082,130. 12. Plaintiffs cannot be liable for infringement of U.S. Patent No. 6,082,130 because

the claims are invalid under one or more provisions of 35 U.S.C. §§ 102, 103, and/or 112, and/or the patent is unenforceable.

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13.

On information and belief, Whirlpool, either in initiating the ITC investigation or

in pursuing the ITC investigation and its claims of patent infringement against LG regarding the above patent, has presented and pursued allegations of patent infringement against LG in bad faith and for ulterior purposes not proper under the law. Second Count: Declaratory Judgment of Noninfringement and Invalidity of U.S. Patent No. 6,810,680 14. Plaintiffs hereby restate and reallege the allegations set forth in paragraphs 1

through 13 and incorporate them by reference. 15. On information and belief, Defendant Maytag Corporation is the owner by

assignment of U.S. Patent No. 6,810,680, entitled "Ice Maker Fill Tube Assembly." A copy of U.S. Patent No. 6,810,680 is attached as Exhibit B. 16. Plaintiffs have not infringed and are not infringing, either directly or indirectly,

contributorily or otherwise any of the claims of U.S. Patent No. 6,810,680. 17. Plaintiffs cannot be liable for infringement of U.S. Patent No. 6,810,680 because

the claims are invalid under one or more provisions of 35 U.S.C. §§ 102, 103, and/or 112, and/or the patent is unenforceable. 18. On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain. 19. On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain and that Whirlpool, in a reasonable investigation, would have found or should have found, before it filed its Complaint in the ITC.

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20.

On information and belief, when prosecuting and obtaining the above patent

asserted by Whirlpool against LG in the ITC investigation, Whirlpool did not comply with the duty of disclosure owed to the U.S. Patent and Trademark Office and the public. 21. On information and belief, Whirlpool, either in initiating the ITC investigation or

in pursuing the ITC investigation and its claims of patent infringement against LG regarding the above patent, has presented and pursued allegations of patent infringement against LG in bad faith and for ulterior purposes not proper under the law. Third Count: Declaratory Judgment of Noninfringement and Invalidity of U.S. Patent No. 6,915,644 22. Plaintiffs hereby restate and reallege the allegations set forth in paragraphs 1

through 21 and incorporate them by reference. 23. On information and belief, Defendant Maytag Corporation is the owner by

assignment of U.S. Patent No. 6,915,644, entitled "Ice Maker Fill Tube Assembly." A copy of U.S. Patent No. 6,915,644 is attached as Exhibit C. 24. Plaintiffs have not infringed and are not infringing, either directly or indirectly,

contributorily or otherwise any of the claims of U.S. Patent No. 6,915,644. 25. Plaintiffs cannot be liable for infringement of U.S. Patent No. 6,915,644 because

the claims are invalid under one or more provisions of 35 U.S.C. §§ 102, 103, and/or 112, and/or the patent is unenforceable. 26. On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain. 27. On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that

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Whirlpool, or its predecessors, placed into the public domain and that Whirlpool, in a reasonable investigation, would have found or should have found, before it filed its Complaint in the ITC. 28. On information and belief, when prosecuting and obtaining the above patent

asserted by Whirlpool against LG in the ITC investigation, Whirlpool did not comply with the duty of disclosure owed to the U.S. Patent and Trademark Office and the public. 29. On information and belief, Whirlpool, either in initiating the ITC investigation or

in pursuing the ITC investigation and its claims of patent infringement against LG regarding the above patent, has presented and pursued allegations of patent infringement against LG in bad faith and for ulterior purposes not proper under the law. Fourth Count: Declaratory Judgment of Noninfringement and Invalidity of U.S. Patent No. 6,971,730 30. Plaintiffs hereby restate and reallege the allegations set forth in paragraphs 1

through 29 and incorporate them by reference. 31. On information and belief, Defendant Maytag Corporation is the owner by

assignment of U.S. Patent No. 6,971,730, entitled "Freezer Drawer Support Assembly." A copy of U.S. Patent No. 6,971,730 is attached as Exhibit D. 32. Plaintiffs have not infringed and are not infringing, either directly or indirectly,

contributorily or otherwise any of the claims of U.S. Patent No. 6,971,730. 33. Plaintiffs cannot be liable for infringement of U.S. Patent No. 6,971,730 because

the claims are invalid under one or more provisions of 35 U.S.C. §§ 102, 103, and/or 112, and/or the patent is unenforceable. 34. On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain.

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35.

On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain and that Whirlpool, in a reasonable investigation, would have found or should have found, before it filed its Complaint in the ITC. 36. On information and belief, when prosecuting and obtaining the above patent

asserted by Whirlpool against LG in the ITC investigation, Whirlpool did not comply with the duty of disclosure owed to the U.S. Patent and Trademark Office and the public. 37. On information and belief, Whirlpool, either in initiating the ITC investigation or

in pursuing the ITC investigation and its claims of patent infringement against LG regarding the above patent, has presented and pursued allegations of patent infringement against LG in bad faith and for ulterior purposes not proper under the law. Fifth Count: Declaratory Judgment of Noninfringement and Invalidity of U.S. Patent No. 7,240,980 38. Plaintiffs hereby restate and reallege the allegations set forth in paragraphs 1

through 37 and incorporate them by reference. 39. On information and belief, Defendant Maytag Corporation is the owner by

assignment of U.S. Patent No. 7,240,980, entitled "Freezer Drawer Support Assembly." A copy of U.S. Patent No. 7,240,980 is attached as Exhibit E. 40. Plaintiffs have not infringed and are not infringing, either directly or indirectly,

contributorily or otherwise any of the claims of U.S. Patent No. 7,240,980. 41. Plaintiffs cannot be liable for infringement of U.S. Patent No. 7,240,980 because

the claims are invalid under one or more provisions of 35 U.S.C. §§ 102, 103, and/or 112, and/or the patent is unenforceable.

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42.

On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain. 43. On information and belief, one or more numbered claims of the above patent

asserted by Whirlpool against LG in the ITC investigation are invalid over prior art that Whirlpool, or its predecessors, placed into the public domain and that Whirlpool, in a reasonable investigation, would have found or should have found, before it filed its Complaint in the ITC. 44. On information and belief, when prosecuting and obtaining the above patent

asserted by Whirlpool against LG in the ITC investigation, Whirlpool did not comply with the duty of disclosure owed to the U.S. Patent and Trademark Office and the public. 45. On information and belief, Whirlpool, either in initiating the ITC investigation or

in pursuing the ITC investigation and its claims of patent infringement against LG regarding the above patent, has presented and pursued allegations of patent infringement against LG in bad faith and for ulterior purposes not proper under the law. Prayers for Relief WHEREFORE, Plaintiffs pray that this Court: A. Declare that Plaintiffs have not infringed and are not infringing any of the claims

of U.S. Patent Nos. 6,082,130, 6,810,680, 6,915,644, 6,971,730, and 7,240,980; B. Declare that the claims of U.S. Patent Nos. 6,082,130, 6,810,680, 6,915,644,

6,971,730, and 7,240,980 are invalid and/or unenforceable; C. Declare this case exceptional under 35 U.S.C. § 285 and award Plaintiffs their

costs, disbursements, and attorney fees in connection with this action;

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D.

Enjoin Whirlpool from making any further allegations of infringement of the

above patents against LG; E. to LG; and F. Award Plaintiffs such other and further relief, including an award of its attorney Order Whirlpool to take corrective measures to offset and avoid any further injury

fees incurred and its damages caused by Whirlpool's allegations of patent infringement of the above patents and Whirlpool's actions and claims for relief based on that allegation, as this Court may deem just and proper. Certification Pursuant To L.CIV.R. 11.2 Plaintiffs, by their undersigned counsel, hereby certify pursuant to L.CIV.R. 11.2 that the matters in controversy are not the subject of any other action pending in any other court or of any pending arbitration or administrative proceeding, with the exception of the pending ITC proceeding referenced above.

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Dated:

April 16, 2008 /s/ Thomas R. Curtin Thomas R. Curtin George C. Jones Kathleen N. Fennelly GRAHAM CURTIN A Professional Association 4 Headquarters Plaza P.O. Box 1991 Morristown, New Jersey 078962-1991 Telephone: (973) 292-1700 Facsimile: (973) 292-1767 Richard L. Stroup Anand K. Sharma Walter D. Davis, Jr. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001-4413 Attorneys for Plaintiffs LG ELECTRONICS U.S.A., INC., LG ELECTRONICS, INC., & LG ELECTRONICS MONTERREY MEXICO, S.A., DE, CV

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Case 1:08-cv-00332-GMS Case 2:08-cv-01869-FSH-PS Document 1-10 Document 1-10 Filed 04/16/2008 Page 1 1 of 2 Filed 04/16/2008 Page of 2

Case 1:08-cv-00332-GMS Case 2:08-cv-01869-FSH-PS Document 1-10 Document 1-10 Filed 04/16/2008 Page 2 2 of 2 Filed 04/16/2008 Page of 2

Case 1:08-cv-00332-GMS Case 2:08-cv-01869-FSH-PS Document 1-11 Document 1-11 Filed 04/16/2008 Page 1 1 of 2 Filed 04/16/2008 Page of 2

Case 1:08-cv-00332-GMS Case 2:08-cv-01869-FSH-PS Document 1-11 Document 1-11 Filed 04/16/2008 Page 2 2 of 2 Filed 04/16/2008 Page of 2