Professional Documents
Culture Documents
3
4 f, 6
I I
r
10
11
\
th
EN
Plaintifl
V.
d ^:
lg'= >.=^
\Ev
t2
E T r F , v'
\o
gr^U
l3
Innolight Technology Corporation, a Chinese
g F' .9 Evrl
t4 corporation,
15
;8q :- - u ELJo
Defendant.
(n
^; E: =
\o
t6
l7
18
Plaintiff Fourte Design & Development, LLC alleges as follows against Defendant
Innolight Technology Corporation
:
t9
20
PARTIES
1.
2.
this
24
belief, a Chinese corporation doing business in the United States, the State of California and
t< within
26
judicial district, including without limitation by and through its subsidiary and/or
affiliate companies, sales offices and research and development (R&D) centers in San Jose,
California, Sunnyvale, California and Cupertino, California.
27 28
P:00760789-3 :07580.040
I
2
3. 4.
I
This is a civil action for patent infringement arising under the patent laws of the
3
4 5 6 7 8 9
r
United States, 35 U.S.C. sections 7, et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. sections 1331,
338(a).
5.
This Court has personal jurisdiction over Defendant and venue in this judicial
district is proper because, on information and belief, Defendant engages in continuous and
systematic business within the United States and within this judicial district and/or Defendant has placed infringing products into the stream of commerce by selling and/or offering to sell products
10
11
into the United States and this judicial district with knowledge that such products would be
shipped into and/or used in the United States and this judicial district.
-
Ctn LN t4 o ^OF\
12 13
THE PATENT.IN-SUIT
E ((l R ! F L -V: F s
6.
U.S. Patent No. 6,872,010, entitled "Fiber Optic Connector Release Mechanism"
was duly and legally granted on March
=L^
)..:
- iq f uo -rte -\o
l6
7.
At all times relevant to this action, Plaintiff is and has been the owner, by
Patent.
.
A
Lh
t9
20
8. 9.
2l
22
'010 Patent pursuant to 35 U.S.C. section 271(a) in the State of California, this judicial district and
elsewhere in the United States by designing, making, manufacturing, operating, using, offering for
sale, andlor selling within the United States and/or importing into the United States, one or more
23 24 25 26 27
28
devices (the "Infringing Devices") that are covered by the inventions claimed in the '010 Patent.
10.
I
l.
On information and belief, Defendant has been and is now indirectly infringing the
'010 Patent pursuant to 35 U.S.C. section 271(b) andlor (c) by intentionally inducing infringement
P:00760789-3 :07580.040
I
I
3
4 5 6
7
and/or contributing to the infringement of the '010 Patent in the State of California, this judicial
district and elsewhere in the United States by providing and/or selling the Infringing Devices to
customers andlor users of those products.
12. 13.
Plaintiff has been damaged and injured by Defendant's infringement of the '010
Patent. Because of its infringing acts and for its unauthorized use of the inventions claimed in the
I
9
r
'010 Patent, Defendant is liable to Plaintiff for damages in an amount no less than a reasonable
royalty.
10
I j
14.
Defendant's infringement of the '010 Patent has caused and will continue to cause
ll
YF
irreparable harm to Plaintiff, for which Plaintiff has no adequate remedy at law, unless Defendant
C6 LN
C 19\o <--L^
':-t
G) =l U-
t4
l. 3.
Adjudging that Defendant have infringed one or more claims of the '010 Patent;
Permanently enjoining Defendant and its officers, agents, servants, employees,
l7
attorneys and all others in active concert or participation with them from further infringement of
.n
18
t9
20
4. 5. 6.
equitable.
infringement, but in no event less than a reasonable royalty; Awarding Plaintiff pre-judgment and post-judgment interest; and Awarding Plaintiff such other and further relief as this Court deems just and
2t
t)
23 24 25 26
27
28
P:00760789-3 ;07580.040
-3-
I )
3 4 3 6 7
DATED:
Januarv 23.2013
By:
/s/TANYA M. SCHIERLING
tschierl ine@swsslaw.com
I
9
{
r,,]\
o ^OC6 L6
10
11
t2
13
tr rO): 9 !
s.o
t4
15
3 igs !-
iro (n
= io
t6
t7
18 19
20
2l
,,,
23 24 25 26
27 28
P:00760789-3 :07580.040
-4-