Free Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE FLASHPOINT TECHNOLOGY, INC., § § Plaintiff, § § v. § § AIPTEK, INC., § ARGUS CAMERA CO., LLC, § BUSHNELL INC., § DXG TECHNOLOGY (U.S.A.) INC., § DXG TECHNOLOGY CORP., § GENERAL ELECTRIC CO., § INTERNATIONAL NORCENT TECH., § LEICA CAMERA AG, § LEICA CAMERA INC., § MINOX GMBH, § MINOX USA, INC., § MUSTEK, INC. USA, § MUSTEK, INC., § OREGON SCIENTIFIC, INC., § POLAROID CORP., § RITZ INTERACTIVE, INC., § RITZ CAMERA CENTERS, INC., § SAKAR INTERNATIONAL, INC., D/B/A § DIGITAL CONCEPTS, § TABATA U.S.A., INC., D/B/A § SEA & SEA, § TARGET CORP., § VISTAQUEST CORP., § VUPOINT SOLUTIONS, INC., § WALGREEN CO., § and § WAL-MART STORES, INC., § § Defendants. §

Civil Action No. ______________

JURY TRIAL DEMANDED

PLAINTIFF'S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Plaintiff FlashPoint Technology, Inc. ("Plaintiff" or "FlashPoint"), by and through its undersigned counsel, files this Original Complaint against Aiptek, Inc., Argus Camera Co., LLC,

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Bushnell Inc., DXG Technology (U.S.A.) Inc., DXG Technology Corp., General Electric Co., International Norcent Tech., Leica Camera AG, Leica Camera Inc., Minox GmbH, Minox USA, Inc., Mustek, Inc. USA, Mustek, Inc., Oregon Scientific, Inc., Polaroid Corp., Ritz Interactive, Inc., Ritz Camera Centers, Inc., Sakar International, Inc., d/b/a Digital Concepts, Tabata U.S.A., Inc., d/b/a Sea & Sea, Target Corp., VistaQuest Corp., VuPoint Solutions, Inc., Walgreen Co., and Wal-Mart Stores, Inc. (collectively "Defendants") as follows:

NATURE OF THE ACTION 1. This is a patent infringement action to stop each Defendant's infringement of

FlashPoint's United States Patent No. 6,118,480 entitled "Method and Apparatus for Integrating a Digital Camera User Interface Across Multiple Operating Modes" (the "`480 patent"; a copy of which is attached hereto as Exhibit 1), United States Patent No. 6,177,956 entitled "System and Method for Correlating Processing Data and Image Data within a Digital Camera Device" (the "`956 patent"; a copy of which is attached hereto as Exhibit 2), United States Patent No. 6,222,538 entitled "Directing Image Capture Sequences in a Digital Imaging Device Using Scripts" (the "`538 patent"; a copy of which is attached hereto as Exhibit 3), United States Patent No. 6,223,190 entitled "Method and System for Producing an Internet Page Description File on a Digital Imaging Device" (the "`190 patent"; a copy of which is attached hereto as Exhibit 4), United States Patent No. 6,249,316 entitled "Method and System for Creating a Temporary Group of Images on a Digital Camera" (the "`316 patent"; a copy of which is attached hereto as Exhibit 5), United States Patent No. 6,486,914 entitled "Method and System for Controlling User Interaction in a Digital Imaging Device Using Dynamic Overlay Bars" (the "`914 patent"; a copy of which is attached hereto as Exhibit 6), and United States Patent No. 6,504,575 entitled

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"Method and System for Displaying Overlay Bars in a Digital Imaging Device" (the "`575 patent"; a copy of which is attached hereto as Exhibit 7). The `480, `956, `538, `190, `316, `914 and `575 patents may be collectively referred to herein as the "patents-in-suit." FlashPoint is the legal owner of the patents-in-suit. FlashPoint seeks injunctive relief and monetary damages.

PARTIES 2. Plaintiff FlashPoint Technology, Inc. is a corporation organized and existing

under the laws of the State of Delaware. FlashPoint maintains its principal place of business at 20 Depot Street, Suite 2A, Peterborough, New Hampshire 03458. FlashPoint is the legal owner of the patents-in-suit, and possesses all rights of recovery under the patents-in-suit, including the right to sue for infringement and recover past damages. 3. Upon information and belief, Defendant Aiptek, Inc. ("Aiptek") is a corporation

organized and existing under the laws of the State of California, with its principal place of business located at 51 Discovery, Suite 100, Irvine, California 92618. 4. Upon information and belief, Defendant Argus Camera Co., LLC ("Argus") is a

limited liability company organized and existing under the laws of the State of Illinois, with its principal place of business located at 1610 Colonial Parkway, Inverness, Illinois 60067. 5. Upon information and belief, Defendant Bushnell Inc. ("Bushnell") is a

corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 9200 Cody, Overland Park, Kansas 66214. 6. Upon information and belief, Defendant DXG Technology (U.S.A) Inc. ("DXG

USA") is a corporation organized and existing under the laws of the State of California, with its principal place of business located at 1001 Lawson Street, City of Industry, California 91748.

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7.

Upon information and belief, Defendant DXG Technology Corp. ("DXG Corp.")

is a corporation organized and existing under the laws of Taiwan, with its principal place of business located at 15 Fl., No. 4, Sec. 3, Ming-Chuan East Road., Taipei, Taiwan R.O.C. 8. Upon information and belief, Defendant General Electric Co. ("GE") is a

corporation organized and existing under the laws of the State of New York, with its principal place of business located at 3135 Easton Turnpike, Fairfield, Connecticut 06431. 9. Upon information and belief, Defendant International Norcent Tech. ("Norcent")

is a corporation organized and existing under the laws of the State of California, with its principal place of business located at 550 Cliffside Drive, San Dimas, California 91773. 10. Upon information and belief, Defendant Leica Camera AG ("Leica Camera") is a

corporation organized and existing under the laws of Germany, with its principal place of business located at Oskar-Barnack-Strasse 11, D-35606 Solms. 11. Upon information and belief, Defendant Leica Camera Inc. ("Leica") is a

corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 156 Ludlow Avenue, Northvale, New Jersey 07647. 12. Upon information and belief, Defendant Minox GmbH ("Minox") is a corporation

organized and existing under the laws of Germany, with its principal place of business located at Walter-Zapp-Street 4, 35578 Wetzlar Germany. 13. Upon information and belief, Defendant Minox USA, Inc. ("Minox USA") is a

corporation organized and existing under the laws of the state of New Hampshire, with its principal place of business located at 438 Willow Brook Road, Plainfield, New Hampshire 03781.

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14.

Upon information and belief, Defendant Mustek, Inc. USA ("Mustek USA") is a

corporation organized and existing under the laws of the State of California, with its principal place of business located at 15271 Barranca Parkway, Irvine, California 92618. 15. Upon information and belief, Defendant Mustek, Inc. ("Mustek") is a corporation

organized and existing under the laws of Taiwan, with its principal place of business located at 25 R&D Road II, Science-Based Industrial Park, Hsin-Chu, Taiwan. 16. Upon information and belief, Defendant Oregon Scientific, Inc. ("Oregon

Scientific") is a corporation organized and existing under the laws of the State of Oregon, with its principal place of business located at 19861 Southwest 95th Avenue, Tualatin, Oregon 97062. 17. Upon information and belief, Defendant Polaroid Corp. ("Polaroid") is a

corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 1265 Main Street, Waltham, Massachusetts 02451. 18. Upon information and belief, Defendant Ritz Interactive, Inc. ("Ritz Interactive")

is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 2010 Main Street, Suite 400, Irvine, California 92614. 19. Upon information and belief, Defendant Ritz Camera Centers, Inc. ("Ritz

Camera") is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 6711 Ritz Way, Beltsville, Maryland 20705. 20. Upon information and belief, Defendant Sakar International, Inc., d/b/a Digital

Concepts ("Digital Concepts") is a corporation organized and existing under the laws of the State of New York, with its principal place of business located at 195 Carter Drive, Edison, New Jersey, 08817.

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21.

Upon information and belief, Defendant Tabata U.S.A., Inc., d/b/a Sea & Sea

("Sea & Sea") is a corporation organized and existing under the laws of the State of California, with its principal place of business located at 2380 Mira Mar Avenue, Long Beach, California 90815. 22. Upon information and belief, Defendant Target Corp. ("Target") is a corporation

organized and existing under the laws of the State of Minnesota, with its principal place of business located at 1000 Nicollet Mall, Minneapolis, Minnesota 55403. 23. Upon information and belief, Defendant VistaQuest Corp. ("VistaQuest") is a

corporation organized and existing under the laws of the State of California, with its principal place of business located at 6303 Owensmouth Avenue, 10th Floor, Woodland Hills, California 91367. 24. Upon information and belief, Defendant VuPoint Solutions Inc. ("VuPoint") is a

corporation organized and existing under the laws of the State of California, with its principal place of business located at 17583 Railroad Street, City of Industry, California 91748. 25. Upon information and belief, Defendant Walgreen Co. ("Walgreens") is a

corporation organized and existing under the laws of the State of Illinois, with its principal place of business located at 200 Wilmot Road, Deerfield, Illinois 60015. 26. Upon information and belief, Defendant Wal-Mart Stores, Inc. ("Wal-Mart") is a

corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 702 Southwest 8th Street, Bentonville, Arkansas 72716.

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JURISDICTION AND VENUE 27. This action arises under the Patent Laws of the United States, 35 U.S.C. § 1 et

seq., including 35 U.S.C. §§ 271, 281-285. This Court has subject matter jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a). 28. Upon information and belief, Defendants have transacted business and committed

acts of infringement within the State of Delaware, and the District of Delaware, and are subject to the personal jurisdiction of this Court. 29. Upon information and belief, Defendants have offered for sale, imported, or sold

electronic products capable of being used, inter alia, to capture, process and view digital images in this District. 30. 31. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b). Defendants reside in this District for the purposes of venue, insofar as they are

subject to the personal jurisdiction in this District, have committed acts of infringement in this District, solicit business in this District, provide services in this District, encourage others to practice infringing methods in this District, and conduct other business in this District.

COUNT I ­ PATENT INFRINGEMENT 32. On September 12, 2000, the United States Patent and Trademark Office duly and

legally issued the `480 patent to FlashPoint, as assignee of the inventors Eric C. Anderson, Steve Saylor, and Amanda R. Mander. The `480 patent is in full force and effect. FlashPoint is the legal owner of the `480 patent and possesses all rights of recovery under the `480 patent. 33. On January 23, 2001, the United States Patent and Trademark Office duly and

legally issued the `956 patent to FlashPoint, as assignee of the inventors Eric C. Anderson and

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Mike M. Masukawa. The `956 patent is in full force and effect. FlashPoint is the legal owner of the `956 patent and possesses all rights of recovery under the `956 patent. 34. On April 24, 2001, the United States Patent and Trademark Office duly and

legally issued the `538 patent to FlashPoint, as assignee of the inventor Eric C. Anderson. The `538 patent is in full force and effect. FlashPoint is the legal owner of the `538 patent and possesses all rights of recovery under the `538 patent. 35. On April 24, 2001, the United States Patent and Trademark Office duly and

legally issued the `190 patent to FlashPoint, as assignee of the inventors Tim Takao Aihara and Rodney Somerstein. The `190 patent is in full force and effect. FlashPoint is the legal owner of the `190 patent and possesses all rights of recovery under the `190 patent. 36. On June 19, 2001, the United States Patent and Trademark Office duly and legally

issued the `316 patent to FlashPoint, as assignee of the inventor Eric C. Anderson. The `316 patent is in full force and effect. FlashPoint is the legal owner of the `316 patent and possesses all rights of recovery under the `316 patent. 37. On November 26, 2002, the United States Patent and Trademark Office duly and

legally issued the `914 patent to FlashPoint, as assignee of the inventor Eric C. Anderson. The `914 patent is in full force and effect. FlashPoint is the legal owner of the `914 patent and possesses all rights of recovery under the `914 patent. 38. On January 7, 2003, the United States Patent and Trademark Office duly and

legally issued the `575 patent to FlashPoint, as assignee of the inventors Michael A. Ramirez and Eric C. Anderson. The `575 patent is in full force and effect. FlashPoint is the legal owner of the `575 patent and possesses all rights of recovery under the `575 patent.

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39.

In 1996, FlashPoint was founded as a spin-off of the Imaging Division of Apple

Computer, Inc. ("Apple"). FlashPoint continued the research and development of the core technologies started at Apple, and perfected such technologies. 40. Those technologies, protected by the patents-in-suit, enable users to, among other

things, capture, process and view digital images. 41. The marketplace has long recognized the value of FlashPoint's inventions,

including the patents-in-suit. Licensees include Canon Inc., Casio Computer Co., Ltd., Concord Camera Corp., Seiko Epson Corp., Fuji Photo Film Co., Ltd., Hewlett-Packard Co., Eastman Kodak Co., Konica Corp., Matsushita Electric Industrial Co., Minolta Co., Ltd., Pentax Corp., Ricoh Corp., Samsung Techwin Co., Ltd., Sanyo Electric Co., Ltd., Sharp Corp., Toshiba Corp., and Vivitar Corp. 42. Upon information and belief, each Defendant practices inventions covered by one

or more of the patents-in-suit. 43. Upon information and belief, Aiptek has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Aiptek has also contributed to the infringement of one or more claims of the patents-in-suit, and/or actively induced others to infringe one or more claims of the patents-in-suit, in this District and elsewhere in the United States. 44. Upon information and belief, Argus has infringed and continues to infringe one or

more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Argus has also contributed to the infringement

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of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 45. Upon information and belief, Bushnell has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Bushnell has also contributed to the

infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 46. Upon information and belief, DXG USA has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, DXG USA has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 47. Upon information and belief, DXG Corp. has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, DXG Corp. has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States.

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48.

Upon information and belief, GE has infringed and continues to infringe one or

more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, GE has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 49. Upon information and belief, Norcent has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Norcent has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 50. Upon information and belief, Leica Camera has infringed and continues to

infringe one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Leica Camera has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 51. Upon information and belief, Leica has infringed and continues to infringe one or

more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Leica has also contributed to the infringement of

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one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 52. Upon information and belief, Minox has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Minox has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 53. Upon information and belief, Minox USA has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Minox USA has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 54. Upon information and belief, Mustek USA has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Mustek USA has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States.

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55.

Upon information and belief, Mustek has infringed and continues to one or more

claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Mustek has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 56. Upon information and belief, Oregon Scientific has infringed and continues to

infringe one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Oregon Scientific has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 57. Upon information and belief, Polaroid has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Polaroid has also contributed to the

infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 58. Upon information and belief, Ritz Interactive has infringed and continues to

infringe one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this

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District and elsewhere in the United States. Upon information and belief, Ritz Interactive has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 59. Upon information and belief, Ritz Camera has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Ritz Camera has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 60. Upon information and belief, Digital Concepts has infringed and continues to

infringe one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Digital Concepts has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 61. Upon information and belief, Sea & Sea has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Sea & Sea has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to

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infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 62. Upon information and belief, Target has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Target has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 63. Upon information and belief, VistaQuest has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, VistaQuest has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 64. Upon information and belief, VuPoint has infringed and continues to infringe one

or more claims of the patents-in-suit by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, VuPoint has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 65. Upon information and belief, Walgreens has infringed and continues to infringe

one or more claims of the patents-in-suit by making, using, importing, providing, offering to sell,

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and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Walgreens has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 66. Upon information and belief, Wal-Mart has infringed and continues to infringe

one or more claims of the patents-in-suits by making, using, importing, providing, offering to sell, and selling (directly or through intermediaries) infringing products, in this District and elsewhere in the United States. Upon information and belief, Wal-Mart has also contributed to the infringement of one or more claims of the patents-in-suit and/or actively induced others to infringe one or more claims of the patents-in-suit in this District and elsewhere in the United States. 67. Each Defendant's aforesaid activities have been without authority and/or license

from FlashPoint. 68. FlashPoint is entitled to recover from the Defendants the damages sustained by

FlashPoint as a result of the Defendants' wrongful acts in an amount subject to proof at trial. 69. Upon information and belief, the infringement of one or more claims of the

patents-in-suit by Polaroid, DXG USA, DXG Corp., Mustek USA, and Mustek is willful and deliberate. Upon information and belief, the inducement and contributory infringement of one or more claims of one or more claims of the patents-in-suit by Polaroid, DXG USA, DXG Corp., Mustek USA, and Mustek is willful and deliberate. As a result, Flashpoint is entitled to

increased damages under 35 U.S.C. § 284 and to attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285 with respect to these defendants.

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70.

Defendants' infringement of Flashpoint's exclusive rights under the one or more

of the patents-in-suit will continue to damage Flashpoint, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court.

JURY DEMAND 71. Plaintiff demands a trial by jury on all issues.

PRAYER FOR RELIEF Plaintiff FlashPoint Technology, Inc. respectfully requests the following relief: A. An adjudication that the Defendants have infringed and continue to infringe claims of one or more of the patents-in-suit; B. An award to Flashpoint of damages adequate to compensate Flashpoint for the Defendants' acts of infringement together with prejudgment interest; C. An award of enhanced damages, up to and including trebling of Flashpoint damages pursuant to 35 U.S.C. § 284 for willful infringement by Polaroid, DXG USA, DXG Corp., Mustek USA, and Mustek; D. An award of Flashpoint's costs of suit and reasonable attorneys' fees pursuant to 35 U.S.C. § 285 due to the exceptional nature of this case, or as otherwise permitted by law with respect to Polaroid, DXG USA, DXG Corp., Mustek USA, and Mustek; E. A grant of permanent injunction pursuant to 35 U.S.C. § 283, enjoining the Defendants from further acts of (1) infringement, (2) contributory infringement,

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and (3) actively inducing infringement with respect to the claims of one or more of the patents-in-suit; and F. Any further relief that this Court deems just and proper. Respectfully submitted, /s/ David Margules David Margules Delaware Bar No. 2254 E-mail: [email protected] BOUCHARD MARGULES & FRIEDLANDER, P.A. 222 Delaware Avenue Suite 1400 Wilmington, Delaware 19801 Telephone: (302) 573-3500 Facsimile: (302) 573-3501 OF COUNSEL: Patrick J. Coughlin, Esq. E-mail: [email protected] Michael J. Dowd, Esq. E-mail: [email protected] Ray A. Mandlekar, Esq. E-mail: [email protected] COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, California 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 John F. Ward, Esq. E-mail: [email protected] John W. Olivo, Jr., Esq. E-mail: [email protected] David M. Hill, Esq. E-mail: [email protected] WARD & OLIVO 380 Madison Avenue New York, New York 10017 Telephone: (212) 697-6262 Facsimile: (212) 972-5866

Dated: March 7, 2008

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Attorneys for Plaintiff FlashPoint Technology, Inc.

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EXHIBIT 2

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EXHIBIT 3

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EXHIBIT 4

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JS 44 (Rev. 12/07)

Case 1:08-cv-00139-GMS

Document 1-4 Filed CIVIL COVER SHEET 03/07/2008

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The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS FlashPoint Technology, Inc. (b) County of Residence of First Listed Plaintiff

DEFENDANTS Aiptek, Inc., Argus Camera Co., LLC, Bushnell Inc., DXG Tech. (USA) Inc., DXG Tech. Corp., General Electric Co., Int'l Norcent Tech., Leica Camera Inc., Leica Camera AG, Minox GmbH, Minox USA, Inc., Mustek, Inc. USA, Mustek, Inc., Oregon Scientific, (*)

Hillsborough, NH

County of Residence of First Listed Defendant

Orange, CA

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney's (Firm Name, Address, and Telephone Number)

Bouchard Margules & Friedlander, 222 Delaware Ave., Ste. 1400, Wilmington, DE 19801; (302) 573-3500 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
1 U.S. Government Plaintiff 3 Federal Question (U.S. Government Not a Party) (For Diversity Cases Only) PTF Citizen of This State 1 DEF 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 5

(*) Inc., Polaroid, Inc., Ritz Interactive, Inc., Ritz _____________ Camera Centers Inc., Sakar Int'l, Inc., Attorneys (If Known) d/b/a Digital Concepts, Tabata USA, Inc., d/b/a Sea & Sea, VistaQuest Corp., VuPoint Solutions, Inc., Walgreen Co., Wal-Mart Stores, Inc.

2

U.S. Government Defendant

4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State

2

2

Citizen or Subject of a Foreign Country

3

3

6

6

IV. NATURE OF SUIT
CONTRACT 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 Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

(Place an "X" in One Box Only) TORTS 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 Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

FORFEITURE/PENALTY 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee 465 Other Immigration Actions

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS--Third Party 26 USC 7609

V. ORIGIN
1 Original
Proceeding

(Place an "X" in One Box Only)

Appeal to District

2 Removed from
State Court

Title 35, United States Code Sections 271, et seq. VI. CAUSE OF ACTION Brief description of cause: Patent Infringement DEMAND $ VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE Sleet IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD

Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

3 Remanded from

4 Reinstated or

5 Transferred from another district

6 Multidistrict

7 Judge from Magistrate
Judgment

CHECK YES only if demanded in complaint: Yes No JURY DEMAND:

01-cv-00707-GMS; 01-cv-00708-GMS; 01-cv-00709-GMS; 01-cv-00710-GMS; DOCKET NUMBER 01-cv-00711-GMS; 02-cv-00553-GMS; 02-cv-00554-GMS; 02-cv-00555-GMS; 02-cv-01522-GMS; and 05-cv-00802-GMS

03/07/2008
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ David Margules

APPLYING IFP

JUDGE

MAG. JUDGE

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