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Plaintiff,
v.
Case No.
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COMPLAINT
1.
Minnesota and has a principal place of business at 1187 Park Place, Shakopee, MN 55379.
2. Upon information and belief, Defendant, Opterna AM, Inc. ("Defendant"), is a
Delaware corporation having a principal place of business at 44901 Falcon Place, Suite 116,
Sterling, Virginia 20166. Upon information and belief, the corporation Opterna AM, Inc. was
formerly named AM Networks, Inc.
Jurisdiction
3.
This action includes counts for patent infringement under the patent laws of the
4.
This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).
Count I
5. 6.
Paragraphs 14 are incorporated into this count by reference. ADC is the owner of the entire right, title, and interest in and to United States
Patent No. RE 38,311 ("the '311 patent") which duly and legally issued on November 11, 2003.
7. 8.
ADC has satisfied the notice provisions of 35 U.S.C. 287. Defendant makes and sells fiber optic distribution products, including without
limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '311 patent, and by its actions relating to such fiber optic distribution products, including at least the sale, offer for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '311
patent and will continue to do so unless enjoined by this Court.
9.
ADC has been damaged by Defendant's infringement of the '311 patent and will
continue to be damaged in the future unless Defendant is enjoined from infringing the '311
patent.
Count II
10. 11.
Paragraphs 1-4 are incorporated into this count by reference. ADC is the owner of the entire right, title, and interest in and to United States
Patent No. RE 41,460 ("the '460 patent") which duly and legally issued on July 27, 2010.
12. ADC has satisfied the notice provisions of 35 U.S.C. 287.
13.
Defendant makes and sells fiber optic distribution products, including without
limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '460 patent, and by its actions relating to such fiber optic distribution products, including at least the sale, offer
for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '460
continue to be damaged in the future unless Defendant is enjoined from infringing the '460
patent.
Count III
15.
16.
ADC is the owner of the entire right, title, and interest in and to United States
Patent No. 7,756,379 ("the '379 patent") which duly and legally issued on July 13, 2010.
17. 18. ADC has satisfied the notice provisions of 35 U.S.C. 287. Defendant makes and sells fiber optic distribution products, including without
limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '379 patent, and
by its actions relating to such fiber optic distribution products, including at least the sale, offer
for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '379
continue to be damaged in the future unless Defendant is enjoined from infringing the '379
patent.
Count IV
20. 21.
Paragraphs 1-4 are incorporated into this count by reference. ADC is the owner of the entire right, title, and interest in and to United States
Patent No. 7,894,701 ("the '701 patent") which duly and legally issued on February 22, 2011.
22.
23.
Defendant makes and sells fiber optic distribution products, including without
limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '701 patent, and
by its actions relating to such fiber optic distribution products, including at least the sale, offer
for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '701
patent and will continue to do so unless enjoined by this Court. 24. ADC has been damaged by Defendant's infringement of the '701 patent and will
continue to be damaged in the future unless Defendant is enjoined from infringing the '701
patent.
b.
its officers, directors, agents, servants, employees, attorneys and all other acting under or through it, directly or indirectly, from infringing the '311 patent;
c. A judgment that Defendant has infringed the '460 patent;
d.
its officers, directors, agents, servants, employees, attorneys and all other acting under or through
its officers, directors, agents, servants, employees, attorneys and all other acting under or through
it, directly or indirectly, from infringing the '379 patent;
g. h.
A judgment that Defendant has infringed the '701 patent; Both preliminary and permanent injunctions enjoining and restraining Defendant,
its officers, directors, agents, servants, employees, attorneys and all other acting under or through
35 U.S.C. 284, including treble damages if any of the infringement is determined to be willful;
j.
A judgment and order requiring Defendant to pay the costs of this action,
including all disbursements and attorney fees, if this case is exceptional as provided by 35 U.S.C.
285;and
k.
Such other and further relief that this Court may deem just and equitable.
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff ADC demands a
Dabney J. Carr, IV, VSB #28679 dabney.carr@troutmansanders.com Robert A. Angle, VSB #37691 robert. angle@troutmansanders.com
TROUTMAN SANDERS LLP
P.O. Box 1122
Alan G. Carlson (pro hac vice to be filed) Philip P. Caspers (pro hac vice to be filed) Timothy A. Lindquist (pro hac vice to be filed) Samuel A. Hamer (pro hac vice to be filed) CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.A.
225 South Sixth Street, Suite 3200
Minneapolis, MN 55402
612-436-9600