Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00601-GMS-LPS

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Case Case 2:07-cv-00340-DF Document 1 17-2 1:07-cv-00601-GMS-LPS Document Filed 08/08/2007 Page Page 2 of 6 Filed 11/21/2007 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SCREENTONE SYSTEMS CORPORATION, Plaintiff, v. CANON U.S.A., INC., EASTMAN KODAK COMPANY, PANASONIC CORPORATION OF NORTH AMERICA, RICOH AMERICAS CORPORATION, KONICA MINOLTA PRINTING SOLUTIONS U.S.A., INC., KYOCERA MITA AMERICA, INC., and HEIDELBERG USA, INC., Defendants. ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '

CIVIL ACTION NO. 2:07cv340-DF JURY TRIAL DEMANDED

PLAINTIFF'S ORIGINAL COMPLAINT Plaintiff SCREENTONE SYSTEMS CORPORATION ("Plaintiff") files this Original Complaint against Defendants CANON U.S.A., INC. ("Canon"), EASTMAN KODAK COMPANY ("Kodak"), PANASONIC CORPORATION OF NORTH AMERICA ("Panasonic"), RICOH AMERICAS CORPORATION ("Ricoh"), KONICA MINOLTA PRINTING SOLUTIONS U.S.A., INC. ("Konica Minolta"), KYOCERA MITA AMERICA, INC. ("Kyocera"), and HEIDELBERG USA, INC. ("Heidelberg"), alleging as follows: I. THE PARTIES 1. Plaintiff is a corporation organized and existing under the laws of the State of

Delaware, with its principal place of business in Newport Beach, CA. 2. Upon information and belief, CANON is a corporation organized and existing under

the laws of the State of New York, with a principal place of business in Lake Success, NY.

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CANON may be served with process through its registered agent, CT Corporation System, located at 350 N. St. Paul Street, Dallas, Texas 75201. 3. Upon information and belief, KODAK is a corporation organized and existing under

the laws of the State of New Jersey, with a principal place of business in Rochester, NY. KODAK may be served with process through its registered agent, CT Corporation System, located at 350 N. St. Paul Street, Dallas, Texas 75201. 4. Upon information and belief, PANASONIC is a corporation organized and existing

under the laws of the State of Delaware, with a principal place of business in Secaucus, NJ. PANASONIC may be served with process through its registered agent, CT Corporation System, located at 350 N. St. Paul Street, Dallas, Texas 75201. 5. Upon information and belief, RICOH is a corporation organized and existing under

the laws of the State of Delaware, with a principal place of business in West Caldwell, NJ. RICOH may be served with process through its registered agent, CT Corporation System, located at 350 N. St. Paul Street, Dallas, Texas 75201. 6. Upon information and belief, KONICA MINOLTA is a corporation organized and

existing under the laws of the State of Delaware, with a principal place of business in Mobile, AL. KONICA MINOLTA may be served with process through its registered agent, Corporation Service Company, 710 Brazos Street, Suite 1050, Austin, TX 78701. 7. Upon information and belief, KYOCERA is a corporation organized and existing

under the laws of the State of California, with a principal place of business in Fairfield, NJ. KYOCERA may be served with process through its registered agent, Hiroyuki Kobayashi, 2825 West Story Road, Irving, Texas 75038. 8. Upon information and belief, HEIDELBERG is a corporation organized and existing

under the laws of the State of Delaware, with a principal place of business in Kennesaw, GA.

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HEIDELBERG may be served with process through its registered agent, CT Corporation System, located at 350 N. St. Paul Street, Dallas, Texas 75201. II. JURISDICTION AND VENUE 9. This is an action for infringement of a United States patent arising under 35 U.S.C.

§§ 271, 281, and 284-285, among others. This Court has subject matter jurisdiction of the action under Title 28 U.S.C. §1331 and §1338(a). 10. Upon information and belief, Defendants have minimum contacts with the Marshall

Division of the Eastern District of Texas such that this venue is fair and reasonable. Defendants have each committed such purposeful acts and/or transactions in Texas that they reasonably should know and expect that they could be hailed into this Court as a consequence of such activity. Upon information and belief, Defendants have transacted and, at the time of the filing of this Complaint, are transacting business within the Marshall Division of the Eastern District of Texas. For these reasons, personal jurisdiction exists and venue is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) and 28 U.S.C. § 1400(b). III. PATENT INFRINGEMENT 11. On November 24, 1992, United States Patent No. 5,166,809 ("the `809 patent") was

duly and legally issued for an "Apparatus and Methods for Digital Halftoning." A true and correct copy of the `809 patent is attached hereto as Exhibit "A" and made a part hereof. 12. Plaintiff is the owner of the `809 patent with the exclusive right to enforce the `809

patent against infringers and collect damages for all relevant times, including the right to prosecute this action. 13. Upon information and belief, Defendants manufacture, make, have made, use,

practice, import, provide, supply, distribute, sell, and/or offer for sale products and/or systems that infringe one or more claims in the `809 patent; and/or induce and/or contribute to the infringements

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of one or more of the claims in the `809 patent by others. Defendants' acts of infringement generally involve their manufacture, use, and sale of printer and other imaging products which operate to reproduce images by the claimed digital halftoning techniques. 14. Plaintiff has been damaged as a result of Defendants' infringing conduct.

Defendants are, thus, each liable to Plaintiff in an amount that adequately compensates it for Defendants' infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. ' 284. 15. Excepting Defendant HEIDELBERG, Plaintiff notified each Defendant in writing in

March 2006 of their respective infringing conduct. The notified Defendants have knowingly and willfully infringed the `809 patent since at least the time of their notices. IV. JURY DEMAND Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. V. PRAYER FOR RELIEF Plaintiff requests that the Court find in its favor and against Defendants, and that the Court grant Plaintiff the following relief: a. Judgment that one or more claims of United States Patent No. 5,166,809 have been infringed, either literally and/or under the doctrine of equivalents, by one or more Defendants and/or by others to whose infringements Defendants have contributed and/or by others whose infringements have been induced by Defendants; Judgment that Defendants account for and pay to Plaintiff all damages to and costs incurred by Plaintiff because of Defendants' infringing activities and other conduct complained of herein; That Defendants' infringements be found to be willful from the time that Defendants became aware of the infringing nature of their respective products and services, which is the time of filing of Plaintiff's Complaint at the latest, and that the Court award treble damages for the period of such willful infringement pursuant to 35 U.S.C. § 284;

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c.

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d.

That Plaintiff be granted pre-judgment and post-judgment interest on the damages caused by Defendants' infringing activities and other conduct complained of herein; That the Court declare this an exceptional case and award Plaintiff its reasonable attorneys' fees and costs in accordance with 35 U.S.C. ' 285; and That Plaintiff be granted such other and further relief as the Court may deem just and proper under the circumstances. Respectfully submitted,

e.

f.

Dated: August 8, 2007

___________________________________ T. John Ward, Jr. State Bar No. 00794809 WARD & SMITH LAW FIRM 111 W. Tyler Street Longview, Texas 75601 (903) 757-6400 (903) 757-2323 (fax) [email protected] Edward R. Nelson III State Bar No. 00797142 Jonathan T. Suder State Bar No. 19463350 Edward E. Casto, Jr. State Bar No. 24044178 FRIEDMAN, SUDER & COOKE Tindall Square Warehouse No. 1 604 East 4th Street, Suite 200 Fort Worth, Texas 76102 (817) 334-0400 Fax (817) 334-0401 [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF

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