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28HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400FAX: 619.696.0323
ANTON HANDAL (Bar No. 113812)[email protected] C. CHALK (Bar No. 216411)
[email protected] HEDRICK (Bar No. 220649)
[email protected] &ASSOCIATES1200 Third Avenue, Suite 1321San Diego, California 92101Tel: 619.544.6400Fax: 619.696.0323
Attorneys for Plaintiffe.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Shinano Kenshi Co., Ltd.; ShinanoKenshi Corporation, dba under the brand
name Plextor; Plextor LLC; and, PlextorAmericas,
Defendants.
Case No.
COMPLAINT FOR PATENTINFRINGEMENT
DEMAND FOR JURY TRIAL
Plaintiff e.Digital Corporation (e.Digital or Plaintiff), by and through it
undersigned counsel, complains and alleges against Defendants Shinano Kensh
Co., Ltd.; Shinano Kenshi Corporation (dba under the brand name Plextor)
Plextor LLC; and, Plextor Americas (collectively referred to hereafter as
PLEXTOR or Defendant or Defendants) as follows:
NATURE OF THE ACTION
1. This is a civil action for infringement of a patent arising under the
laws of the United States relating to patents, 35 U.S.C. 101, et seq., including
without limitation, 281. Plaintiff e.Digital seeks a preliminary and permanen
'1 CV0227 BLMLAB
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28HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400FAX: 619.696.0323
injunction and monetary damages for the infringement of its U.S. Patent No
5,839,108.
JURISDICTION AND VENUE
2. This court has subject matter jurisdiction over this case for pateninfringement under 28 U.S.C. 1331 and 1338(a) and pursuant to the patent law
of the United States of America, 35 U.S.C. 101, et seq.
3. Venue properly lies within the Southern District of California
pursuant to the provisions of 28 U.S.C. 1391(b), (c), and (d) and 1400(b). O
information and belief, Defendants conduct substantial business directly and/o
through third parties or agents in this judicial district by selling and/or offering to
sell the infringing products and/or by conducting other business in this judicia
district. Furthermore, Plaintiff e.Digital is headquartered and has its principa
place of business in this district, engages in business in this district, and has been
harmed by Defendants conduct, business transactions and sales in this district.
4. This Court has personal jurisdiction over Defendants because, on
information and belief, Defendants transact continuous and systematic busines
within the State of California and the Southern District of California. In addition
this Court has personal jurisdiction over the Defendants because, on information
and belief, this lawsuit arises out of Defendants infringing activities, including
without limitation, the making, using, selling and/or offering to sell infringin
products in the State of California and the Southern District of California. Finally
this Court has personal jurisdiction over Defendants because, on information and
belief, Defendants have made, used, sold and/or offered for sale their infringingproducts and placed such infringing products in the stream of interstate commerce
with the expectation that such infringing products would be made, used, sold
and/or offered for sale within the State of California and the Southern District o
California.
PARTIES
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28HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400FAX: 619.696.0323
5. Plaintiff e.Digital is a Delaware corporation with its headquarters and
principal place of business at 16870 West Bernardo Drive, Suite 120, San Diego
California 92127.
6. Upon information and belief, Defendant Shinano Kenshi Co., Ltd. icorporation registered and lawfully existing under the laws of Japan, with a
principal place of business located at 1078 Kamimaruko, Maruko-Machi
Chiisagata-Gun, Nagano-Ken, 386-0498 Japan. Upon information and belief, th
PLEXTOR brand of storage and multimedia products is owned by Shinano Kensh
Co., Ltd. and/or PLEXTOR is the brand name of Shinano Kenshi Co., Ltd.
7. Upon information and belief, Defendant Shinano Kenshi Corporation
is a company registered and lawfully existing under the laws of the State o
California, with an office and principal place of business located at 6065 Bristo
Parkway,Culver City, CA 90230. Upon information and belief, PLEXTOR is the
brand name Shinano Kenshi Corporation and/or the dba of Shinano Kensh
Corporation
8. Upon information and belief, Defendant Plextor LLC is a company
registered and lawfully existing under the laws of the State of California, with an
office and principal place of business located at6065 Bristol Parkway,Culver City
CA 90230.
9. Upon information and belief, Defendant Plextor Americas is a
company registered and lawfully existing under the laws of the State of California
with an office and principal place of business located at 42000 Christy Street
Fremont, California 94538.THE ASSERTED PATENT
10. On November 17, 1998, the United States Patent and Trademark
Office duly and legally issued United States Patent No. 5,839,108 (the 108
patent) entitled Flash Memory File System In A Handheld Record And Playback
Device, to its named inventors Norbert P. Daberko and Richard K. Davis
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28HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400FAX: 619.696.0323
Plaintiff e.Digital is the assignee and owner of the entire right, title and interest in
and to the 108 patent and has the right to bring this suit for damages and othe
relief. A true and correct copy of the 108 patent is attached hereto as Exhibit A.
COUNT ONE
INFRINGEMENT OF THE 108 PATENT BY DEFENDANT
11. Plaintiff re-alleges and incorporates by reference each of the
allegations set forth in paragraphs 1 through 10 above.
12. Upon information and belief, Defendants, without authority, (a) have
induced and continue to induce infringement of one or more claims of the 108
patent in violation of 35 U.S.C. 271(b); and, (b) have contributed and continue t
contribute to the infringement of one or more claims of the 108 patent in violation
of 35 U.S.C. 271(c).
13. The accused products for purposes of the 108 patent include but ar
not limited to PLEXTORs memory card products for Flash Memory Storage
including but not limited to its USB, SSD, SD, microSD, and/or Compact Flash
products. The accused products include but are not limited to PLEXTORS PX
M5S Series SSD products, Pro Xtreme SSD series of products, M5Pro Xtreme
SSD series of products, and/or PLEXTOR M6M SSD series of products.
14. The accused product, alone or in combination with other products
practice each of the limitations of independent claim 1 of the 108 patent.
15. Upon information and belief, Defendants, without authority, hav
actively induced infringement and continue to actively induce infringement of th
108 patent in violation of 35 U.S.C. 271(b) by causing others to directly infringthe claims of the 108 patent and/or by intentionally instructing others how to us
the accused products in a manner that infringes the claims of the 108 patent. On
information and belief, Defendants have induced and continue to induc
infringement by instructing customers to operate the product in an infringin
manner and/or when Defendants tests or otherwise operate the accused products in
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28HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400FAX: 619.696.0323
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all claims.
Dated: January 31, 2014
HANDAL & ASSOCIATES
By: /s/ Pamela C. ChalkAnton N. Han aPamela C. ChalkGabriel G. HedrickAttorneys for Plaintiffe.Digital Corporation
8/13/2019 e.Digital v. Shinano Kenshi et. al.
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28HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400FAX: 619.696.0323
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing document has been served on this date to all counsel of record, if any to
date, who are deemed to have consented to electronic service via the Courts
CM/ECF system per CivLR 5.4(d). Any other counsel of record will be served by
electronic mail, facsimile and/or overnight delivery upon their appearance in this
matter.
I declare under penalty of perjury of the laws of the United States that the
foregoing is true and correct. Executed this 31st day of January, 2014 at San
Diego, California.
Dated: January 31, 2014
HANDAL & ASSOCIATES
By: /s/ Pamela C. ChalkAnton N. Han aPamela C. ChalkGabriel G. HedrickAttorneys for Plaintiffe.Di ital Cor oration
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EXHIBIT A
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S 44 (Rev. ) CIVIL COVER SHEETThe 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 pr
y 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 Clerkof Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATIONTHE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) 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 (For Diversity Cases Only) and One Box for Defendant
1 U.S. Government 3 Federal Question PTF DEF PTF D
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6
Foreign Country
V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionm
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influence
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizatio
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liabili ty PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commod
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 BlackLung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 890 Other StatutoryActi
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 893 Environmental Matt
196 Franchise Injury 385 Property Damage Leave Act 895 Freedom of Informa
362 Personal Injury - Product Liability 790 Other Labor Litigation ActMed. Malpractice 791 Empl. Ret. Inc. 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 899 Administrative Proc
210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act/Review or Appe
220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 535 Death Penalty IMMIGRATION
290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application
Employment 550 Civil Rights 463 Habeas Corpus -
446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee
Other 560 Civil Detainee - (Prisoner Petition)
448 Education Conditions of 465 Other Immigration
Confinement Actions
V. ORIGINTransferred fromanother district(specify)
(Place an X in One Box Only)
1 OriginalProceeding
2 Removed fromState Court
3 Remanded fromAppellate Court
4 Reinstated orReopened
5 6 MultidistrictLitigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND $ CHECK YES only if demanded in complaint
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
e.Digital Corporation
San Diego
Handal & Associates1200 Third Avenue, Suite 1321, San Diego, CA619) 544-6400
Shinano Kenshi Co., Ltd.; Shinano Kenshi Corporation, dba undbrand name Plextor; Plextor LLC; and, Plextor Americas
Nagano-Ken, Japan
35 U.S.C. 271, 281
Patent Infringement
See attachment. See attachment.
01/31/2014 /s/Pamela C. Chalk
'14CV0227 BLMLAB
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