IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LI-COR, INC., Plaintiff, v.

LOS GATOS RESEARCH, INC. Defendant. ) ) ) ) ) ) ) ) ) Case No. 4:13-cv-3147 COMPLAINT FOR PATENT INFRINGEMENT AND PERMANENT INJUNCTION DEMAND FOR JURY TRIAL

Plaintiff LI-COR, Inc. (LI-COR), for its complaint against Defendant Los Gatos Research, Inc. (LGR), hereby alleges, upon personal knowledge as to itself and on information and belief as to all other matters, as follows: Nature of the Action 1. This action arises as a result of LGRs infringement of LI-CORs

patents, U.S. Patent No. 7,509,836 (the 836 patent) and U.S. Patent No. 7,568,374 (the 374 patent), attached respectively as Exhibits A and B. LI-COR seeks damages for LGRs infringement, enhancement of damages due to LGRs willful infringement, a permanent injunction restraining LGR from further infringement, and other appropriate relief. The Parties 2. Plaintiff LI-COR is a corporation organized and existing under the

laws of the State of Nebraska, with its principal place of business at 4647 Superior Street, Lincoln, Nebraska 68504. LI-COR is the technology leader in scientific instruments for measuring gas flux such as found in soil samples.

3.

Defendant LGR is a corporation organized and existing under the

laws of the State of California, with its principal place of business at 67 East Evelyn Avenue, Mountain View, California 94041. LGR conducts business in Lincoln, Nebraska through at least one employee located in Lincoln, Nebraska including its Director of Sales and Marketing. LGR has promoted and offered for sale products including but not limited to LGRs Automated Soil Flux Systems with gas flux chambers within the State of Nebraska and this District, including without limitation, through its website www.lgrinc.com. Jurisdiction and Venue 4. This action arises under the patent laws of the United States,

including Title 35 of the United States Code. This Court has subject matter jurisdiction over this patent infringement action pursuant to, inter alia, 28 U.S.C. 1331 and 1338(a). 5. Venue is proper in this District pursuant to 28 U.S.C. 1391 and

1400 because LGR is doing business in the State of Nebraska and this District, LGR has committed acts giving rise to this action in the State of Nebraska and this District, and LGR is subject to personal jurisdiction in this District by establishing minimum contacts such that the exercise of jurisdiction over LGR would not offend traditional notions of fair play and substantial justice. First Claim for Relief (Infringement of United States Patent No. 7,509,836) 6. LI-COR incorporates by reference the allegations contained in

paragraphs 1-5 above. 2

7.

On March 31, 2009, the United States Patent and Trademark

Office duly and lawfully issued United States Patent No. 7,509,836 (Exhibit A) entitled Gas Flux System Chamber Design and Positioning Method. 8. LI-COR is the owner and assignee of all right, title, and interest in

and to the 836 patent. LI-COR has owned the patent throughout the period of LGRs infringing acts. 9. LI-COR provided actual notice to LGR of its infringement on

repeated occasions at least as early as June 5, 2013, and including without limitation the filing of this complaint. Since at least as early as LGRs

infringement commenced, LI-COR has placed notice of the 836 patent in association with its products covered by the 836 patent. 10. In spite of such repeated notices, LGR has engaged in a pattern of

conduct demonstrating: LGRs awareness of the 836 patent; the objectively high likelihood that LGRs actions constitute infringement of the 836 patent and that the 836 patent is valid and enforceable; that this objectively-defined risk was so obvious that LGR knew or should have known it. 11. LGR has been and is infringing the 836 patent by, among other

things, using, repairing, importing, offering to sell, or selling in the United States products practicing one or more claims of the 836 patent in violation of 35 U.S.C. 271, including but not limited to LGRs Automated Soil Flux Systems with gas flux chambers.

12.

LGRs infringement of the 836 patent has caused and will continue

to cause LI-COR both monetary damage and irreparable harm for which it has no adequate remedy at law. 13. rights. 14. LI-COR has suffered and will continue to suffer damage to its LGRs infringement has been in willful disregard of LI-CORs patent

business by reason of LGRs acts of infringement of the 836 patent as alleged herein and LI-COR is entitled to recover from LGR the damages sustained as a result of LGRs acts pursuant to 35 U.S.C. 284. LI-COR further alleges that LGRs actions make this an exceptional case within the meaning of 35 U.S.C. 285 entitling LI-COR to an award of its attorney fees. Second Claim for Relief (Infringement of United States Patent No. 7,568,374) 15. LI-COR incorporates by reference the allegations contained in

paragraphs 1-14 above. 16. On August 4, 2009, the United States Patent and Trademark Office

duly and lawfully issued United States Patent No. 7,568,374 (Exhibit B) entitled Gas Flux System Chamber Design and Positioning Method. 17. LI-COR is the owner and assignee of all right, title, and interest in

and to the 374 patent. LI-COR has owned the patent throughout the period of LGRs infringing acts. 18. LI-COR provided actual notice to LGR of its infringement on

repeated occasions at least as early as June 5, 2013, and including without 4

limitation the filing of this complaint. Since at least as early as LGRs infringement commenced, LI-COR has placed notice of the 374 patent in association with its products covered by the 374 patent. 19. In spite of such repeated notices, LGR has engaged in a pattern of

conduct demonstrating: LGRs awareness of the 374 patent; the objectively high likelihood that LGRs actions constitute infringement of the 374 patent and that the 374 patent is valid and enforceable; that this objectively-defined risk was so obvious that LGR knew or should have known it. 20. LGR has been and is infringing the 374 patent by, among other

things, using, repairing, importing, offering to sell, or selling in the United States products practicing one or more claims of the 374 patent in violation of 35 U.S.C. 271, including but not limited to LGRs Automated Soil Flux Systems with gas flux chambers. 21. LGRs infringement of the 374 patent has caused and will continue

to cause LI-COR both monetary damage and irreparable harm for which it has no adequate remedy at law. 22. rights. 23. LI-COR has suffered and will continue to suffer damage to its LGRs infringement has been in willful disregard of LI-CORs patent

business by reason of LGRs acts of infringement of the 374 patent as alleged herein and LI-COR is entitled to recover from LGR the damages sustained as a result of LGRs acts pursuant to 35 U.S.C. 284. LI-COR further alleges that

LGRs actions make this an exceptional case within the meaning of 35 U.S.C. 285 entitling LI-COR to an award of its attorney fees. Prayer for Relief WHEREFORE, Plaintiff LI-COR, INC., prays for the following relief: A. That judgment be entered in favor of LI-COR on its claims for

patent infringement. B. A permanent injunction enjoining LGR, its respective officers,

directors, agents, and employees and all those in active concert or participation with it who receive notice of the judgment by personal service or otherwise, from making, importing, using, selling, and offering to sell infringing products practicing one or more claims of the 836 or 374 patents and from otherwise infringing, contributing to infringement of, and actively inducing infringement of one or more claims of the 836 and 374 patents; C. An award of actual damages in an amount not less than a

reasonable royalty for LGRs infringement; D. damages; E. An award of enhanced damages pursuant to 35 U.S.C. 284 for An award of interest, including prejudgment interest, on such

LGRs willful and deliberate infringement; F. fees; and, G. That LI-COR be awarded such further relief as the Court deems An award of costs of this action together with LI-CORs attorney

just and proper. 6

DEMAND FOR JURY TRIAL LI-COR hereby demands a trial by jury as to all issues so triable. LI-COR requests such trial by jury take place in Lincoln, Nebraska. LI-COR, INC., Plaintiff By: James M. Bausch, #10236 Trenten P. Bausch, # 20655 CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. One Pacific Place 1125 South 103rd Street, Suite 600 Omaha, Nebraska 68124 Telephone: (402) 397-1700 Fax: (402) 397-1806 Email: jbausch@clinewilliams.com tbausch@clinewilliams.com s/James M. Bausch James M. Bausch, #10236 - and Eley O. Thompson (pro hac vice application forthcoming) ethompson@leydig.com John K. Winn (pro hac vice application forthcoming) jwinn@leydig.com LEYDIG, VOIT & MAYER, LTD. Two Prudential Plaza; Suite 4900 180 N. Stetson Street Chicago, IL 60601 Telephone: (312) 616-5600 Facsimile: (312) 616-5700

By:

Gerald T. Gray (pro hac vice application forthcoming) ggray@leydig.com Arthur J. Bobel (pro hac vice application forthcoming) abobel@leydig.com LEYDIG, VOIT & MAYER, LLP The Atrium Building 1981 N. Broadway, Suite 310 Walnut Creek, CA 94596 Telephone: (925) 482-0100 Facsimile: (925) 482-0110

4811-0347-3941, v. 2