Kyocera v. Eastman Kodak Company

8/3/2019 Kyocera v. Eastman Kodak Company

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1 CASE NO. ______COMPLAINT

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M. ANDREW WOODMANSEE (CA SBN 201780)[email protected]. DALE BUXTON II (CA SBN 222580)[email protected] G. ANDREU-VON EUW (CA SBN 265360)[email protected] & FOERSTERLLP12531 High Bluff DriveSan Diego, California 92130-2040Telephone: 858.720.5100Facsimile: 858.720.5125

Attorneys for PlaintiffKYOCERA CORPORATION

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

KYOCERA CORPORATION,

Plaintiff,

v.

EASTMAN KODAKCOMPANY,

Defendants.

CASE NO:___________________

COMPLAINT FOR INFRINGEMENTOF U.S. PATENT NO. 7,097,286

DEMAND FOR JURY TRIAL

PlaintiffKyocera Corporation. (KYOCERA) files this Complaint and Demand for Jury

Trial seeking relief for patent infringementby Defendant Eastman Kodak Company (KODAK).

For its Complaint, KYOCERA alleges the following:

THE PARTIES

1. Plaintiff KYOCERA is a Japanese corporation with its principal office at 6 Takeda

Tobadono-cho, Fushimi-ku, Kyoto-shi 612-8501, Japan. KYOCERAs North American

operations are headquartered at 8611 Balboa Avenue, San Diego, California.

2. For over fifty years KYOCERA has been an innovator in ceramic components for

electronics, as well as an innovator and a leader for over a decade in discovering, patenting, and

implementing new technology for computer printers, multifunction products (MFPs) and other

diverse technologies such as telecommunications equipment.

___________'11 CV2934 JMAJAH


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3. On information and belief, Defendant KODAK is a corporation organized and

existing under the laws of the State ofNew Jersey with a principal place of business at 343 State

Street, Rochester, New York 14650.

JURISDICTION AND VENUE4. The Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 1 et

seq. Venue is proper in this federal district pursuant to 28 U.S.C. 1391 and 1400(b) at least in

that Defendants have done business in this District, have committed acts of infringement in this

District, and continue to commit acts of infringement in this District, entitling KYOCERA to

relief.

5. On information and belief, Defendant KODAK researches and designs inkjet

printers, MFPs, and inkjet printer supplies in the Southern District of California.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 7,097,286)

6. Plaintiffrepeats and incorporates by reference the allegations set forth above.

7. On August 29, 2006, United States Patent Number 7,097,286 (the 286 Patent)

titled Ink Jet Recording Head Structure, Ink Jet Printer, Powder Molding Method, Method of

Manufacturing Recording Head Structure Supporting Member, and Powder Molding Press

Apparatus was duly issued to KYOCERA. A true and correct copy of the 286 Patent is

attached hereto as Exhibit 1.

8. The 286 Patent is valid and enforceable.

9. By assignment recorded in the PTO on April 12, 2004, each inventor of the 286

Patent assigned its title and interest in the 286 patent to KYOCERA.

10. KODAKhas infringed and continues to infringe at least one claim ofthe 286

patent, literally and under the doctrine of equivalents, by its manufacturing, use, importation, sale,

and/or offers for sale of its products utilizing inkjet technology, including, but not limited to, the

Kodak inkjet printheads and the inkjet printers and MFPs that utilize those inkjet printheads.


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11. KODAK also indirectly infringes at least one claim of the 286 patent, literally and

under the doctrine of equivalents,by its contributing to and inducement of others to manufacture,

use, sell, import, and/or offer for sale infringing products. KODAKis liable for its infringement

of the 286 patent pursuant to 35 U.S.C. 271.

12. Defendant KODAKs acts of infringement have caused damage to KYOCERA,

and KYOCERA is entitled to recover from Defendant the damages sustained by KYOCERA as a

result of Defendants wrongful acts in an amount subject to proof at trial. Defendants

infringement ofKYOCERAs exclusive rights under the 286 patent will continue to damage

KYOCERA, causing irreparable harm for which there is no adequate remedy at law, unless

enjoined by this Court.

JURY DEMAND

13. PlaintiffKYOCERA hereby demands a jury trial on all issues so triable .

PRAYER FOR RELIEF

WHEREFORE, PlaintiffKYOCERA requests the following relief:

a) That judgment be entered in favor of KYOCERA that KODAKhas infringed U.S.

Patent No. 7,097,286 in violation of 35 U.S.C. 271;

b) That permanent injunctions be issued pursuant to 35 U.S.C. 283 enjoining

KODAK, its officers, agents, servants, employees, and all other persons acting in concert or

participation with it from further infringement of the 286 Patent;

c) That KYOCERA be awarded damages pursuant to 35 U.S.C. 284 arising out of

KODAKs infringement of the 286 Patent, together with prejudgment and post-judgment

interest, according to proof at trial;

d) That KYOCERA be awarded any other remedy to which they are entitled by law;

and

e) That KYOCERA be awarded such other costs and further relief as the Court may

deem just and proper.


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DATED: December 19, 2011 Respectfully submitted,

MORRISON & FOERSTERLLP

By: /s/ M. Andrew WoodmanseeM. Andrew [email protected]. Dale Buxton [email protected] G. Andreu-von [email protected]

Attorneys for PlaintiffKYOCERA CORPORATION


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S 44 (Rev. 09/11) CIVIL COVER SHEEThe 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 proy 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 inhe civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS

KYOCERA CORPORATION,

(b) County of Residence of First Listed PlaintiffSan Diego

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

SEE ATTACHMENT

DEFENDANTSEASTMAN KODAK COMPANY,

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATITHE TRACT OF LAND INVOLVED.

Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X" in One Box for Pla(For Diversity Cases Only) and One Box for Defendant

1 U.S. Government

Plaintiff

2 U.S. Government

Defendant

3 Federal Question

(U.S. Government Not a Party)

4 Diversity

(Indicate Citizenship of Parties in Item III)

Citizen of This State

Citizen of Another State

Citizen or Subject of a

Foreign Country

PTF DEF

1 1

2 2

3 3

Incorporated orPrincipal Placeof Business In This State

Incorporated andPrincipal Place

of Business In Another State

Foreign Nation

PTF D

4

5

6

V. NATURE OF SUIT (Place an "X" in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

422 Appeal 28 USC 158

423 Withdrawal

28 USC 157

PROPERTY RIGHTS

625 Drug Related Seizure

of Property 21 USC 881

690 Other

820 Copyrights

830 Patent

840 Trademark

LABOR SOCIAL SECURITY

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 Liability196 Franchise

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 PersonalInjury

362 Personal Injury -

Med. Malpractice

PERSONAL INJURY

365 Personal Injury -

Product Liability

367 Health Care/

PharmaceuticalPersonal InjuryProduct Liability

368 Asbestos Personal

Injury ProductLiability

PERSONAL PROPERTY

370 Other Fraud

371 Truth in Lending

380 Other Personal

Property Damage385 Property Damage

Product Liability

861 HIA (1395ff)

862 Black Lung (923)

863 DIWC/DIWW (405(g))

864 SSID Title XVI

865 RSI (405(g))

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS

710 Fair Labor Standards

Act

720 Labor/Mgmt. Relations

740 Railway Labor Act

751 Family and MedicalLeave Act

790 Other Labor Litigation

791 Empl. Ret. Inc.

Security Act

IMMIGRATION

210 Land Condemnation

220 Foreclosure

230 Rent Lease & Ejectment

240 Torts to Land

245 Tort Product Liability

290 All Other Real Property

440 Other Civil Rights

441 Voting

442 Employment

443 Housing/

Accommodations

445 Amer. w/Disabilities -

Employment

446 Amer. w/Disabilities -

Other

448 Education

510 Motions to Vacate

Sentence

Habeas Corpus:

530 General

535 Death Penalty

540 Mandamus & Other

550 Civil Rights

555 Prison Condition

560 Civil Detainee -

Conditions ofConfinement

462 Naturalization Application

463 Habeas Corpus -

Alien Detainee(Prisoner Petition)

465 Other Immigration

Actions

870 Taxes (U.S. Plaintiff or

Defendant)

871 IRSThird Party

26 USC 7609

375 False Claims Act

400 State Reapportionm

410 Antitrust

430 Banks and Banking

450 Commerce

460 Deportation

470 Racketeer Influence

Corrupt Organizati

480 Consumer Credit

490 Cable/Sat TV

850 Securities/Commod

Exchange

890 Other Statutory Act

891 Agricultural Acts

893 Environmental Matt

895 Freedom of Informa

Act

896 Arbitration

899 Administrative Proc

Act/Review or App

Agency Decision

950 Constitutionality of

State Statutes

V. ORIGIN (Place an "X" in One Box Only) Transferred from1 Original

Proceeding2 Removed from

State Court3 Remanded from

Appellate Court4 Reinstated or

Reopened5 another district

(specify)

6 MultidistrictLitigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 U.S.C. 271 VI. CAUSE OF ACTION Brief description of cause:

Patent Infringement - US 7,097,286

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE DOCKET NUMBER

ATE

December 19, 2011SIGNATURE OF ATTORNEY OF RECORD

/s/ M. Andrew WoodmanseeOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

'11 CV2934 JMAJAH


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ATTACHMENT TO CIVIL COVER SHEET

I(c) Plaintiffs Attorneys (Firm Name, Address, and Telephone Number):

M. ANDREW WOODMANSEE (CA SBN 201780)[email protected]. DALE BUXTON II (CA SBN 222580)[email protected] G. ANDREU-VON EUW (CA SBN 265360)[email protected] & FOERSTERLLP12531 High Bluff DriveSan Diego, California 92130-2040Telephone: 858.720.5100Facsimile: 858.720.5125


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S 44 Reverse (Rev. 09/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as requby 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 fouse of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for eachcomplaint filed. The attorney filing a case should complete the form as follows:

. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use

he full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giboth name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides

ime of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnacases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, nn this section "(see attachment)".

I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" inof the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to

Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenshhe different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sefor each principal party.

V. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI beloufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one natu

uit, select the most definitive.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the pet

for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidiitigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Whenbox is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional staunless diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numand the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Kyocera v. Eastman Kodak Company

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