Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 1 of 7
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`
`
`Jill F. Kopeikin (State Bar No. 160792)
`Valerie M. Wagner (State Bar No. 173146)
`GCA LAW PARTNERS LLP
`2570 W. El Camino Real, Suite 510
`Mountain View, CA 94040
`Tel: (650) 428-3900
`Fax: (650) 428-3901
`vwagner@gcalaw.com
`jkopeikin@gcalaw.com
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`CASE NO. _________________
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`
`
`DEMAND FOR JURY TRIAL
`
`
`
`DR. CHEN-JEAN CHOU,
`
`Plaintiff,
`
`SONY CORPORATION, SONY
`CORPORATION OF AMERICA,
`AND SONY ELECTRONICS, INC.,
`
`Defendants.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
`
`
`
`'13
`
`CV1661
`
`-KSC
`
`WQH-
`
`
`
`
`
`Jill F. Kopeikin (State Bar No. 160792)
`Valerie M. Wagner (State Bar No. 173146)
`GCA LAW PARTNERS LLP
`2570 W. El Camino Real, Suite 510
`Mountain View, CA 94040
`Tel: (650) 428-3900
`Fax: (650) 428-3901
`vwagner@gcalaw.com
`jkopeikin@gcalaw.com
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`CASE NO. _________________
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`
`
`DEMAND FOR JURY TRIAL
`
`
`
`DR. CHEN-JEAN CHOU,
`
`Plaintiff,
`
`SONY CORPORATION, SONY
`CORPORATION OF AMERICA,
`AND SONY ELECTRONICS, INC.,
`
`Defendants.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
`
`
`
`'13
`
`CV1661
`
`-KSC
`
`WQH-
`
`
`
`Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 2 of 7
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`Plaintiff Dr. Chen-Jean Chou (hereinafter “Dr. Chou” or “Plaintiff”)
`by and through its undersigned counsel, files this Original Complaint against
`Defendants Sony Corporation, Sony Corporation of America, and Sony
`Electronics, Inc. (collectively, “Sony” or “Defendants”) as follows:
`THE PARTIES
`1.
`Plaintiff Dr. Chen-Jean Chou has an address of 729 San Cristoval
`Ct., Morgan Hill, CA 95037.
`2.
`Upon information and belief, Defendant Sony Corporation is a
`Japanese corporation with its principal place of business at 1-7-1 Konan,
`Minato-ku, Tokyo 108-0075, Japan. Upon information and belief, Sony
`Corporation may be served at 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan,
`via an officer, a managing or general agent, or any other agent authorized by
`appointment or by law to receive service of process.
`3.
`Upon information and belief, Defendant Sony Corporation of
`America is a New York corporation with its principal place of business at 550
`Madison Avenue, 27th Floor, New York, NY 10022. Sony Corporation of
`America has appointed CSC – Lawyers Incorporating Service, 2710 Gateway
`Oaks Dr., Suite 150N, Sacramento, CA 95833 as its agent for service of process.
`Upon information and belief, Sony Corporation of America is a wholly owned
`subsidiary of Sony Corporation.
`4.
`Upon information and belief, Defendant Sony Electronics Inc. is a
`Delaware corporation with its principal place of business at 16530 Via Esprillo,
`San Diego, CA, 92127. Upon information and belief, Sony Electronics Inc. may
`be served at CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Dr.,
`Suite 150N, Sacramento, CA 95833 as its agent for service of process. Upon
`information and belief, Sony Electronics Inc. is a subsidiary of Sony
`Corporation of America.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
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`1
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`Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 3 of 7
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`JURISDICTION AND VENUE
`5.
`This action arises under the Patent Laws of the United States, 35
`U.S.C. § 1, et seq., including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This
`Court has subject matter jurisdiction over this case for patent infringement under
`28 U.S.C. §§ 1331 and 1338(a).
`6.
`This Court has personal jurisdiction over each Defendant. Each
`Defendant has conducted and does conduct business within the state of
`California. Each Defendant, directly or through intermediaries (including
`distributors, retailers, and others), ships, distributes, offers for sale, and/or sells
`its products in the United States, the State of California, and the Southern
`District of California. Each Defendant has purposefully and voluntarily placed
`one or more of its infringing products into the stream of commerce with the
`expectation that they will be purchased by consumers in the Southern District of
`California. Each Defendant has committed acts of patent infringement within the
`State of California and, more particularly, within the Southern District of
`California.
`7.
`Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c), and
`(d), as well as 28 U.S.C. § 1400(b), in that, upon information and belief, each
`Defendant has committed acts within this judicial District giving rise to this
`action and does business in this District, including using, selling, offering for
`sale, providing service and support for their respective customers, and/or
`importing infringing products in and/or into this District.
`COUNT I
`PATENT INFRINGEMENT OF U.S. PATENT NO. 7,612,843
`8.
`Plaintiff repeats and re-alleges each and every allegation of
`paragraphs 1-7 as though fully set forth herein.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
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`2
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`Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 4 of 7
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`9.
`United States Patent No. 7,612,843, titled “Structure and Drive
`Scheme for Light Emitting Device Matrix as Display Light Source” (hereinafter
`“the ’843 patent”), was duly and legally issued by the United States Patent and
`Trademark Office on November 3, 2009, after full and fair examination. A true
`and correct copy of the ’843 patent is attached as Exhibit A and made a part
`hereof.
`10. Dr. Chou is the owner of all right, title, and interest in and to the
`’843 patent with full right to bring suit to enforce the patent, including the right
`to recover for past infringement damages.
`11. The ’843 patent is valid and enforceable.
`12. Sony has at no time, either expressly or impliedly, been licensed
`under the ’843 patent.
`13. With respect to the ’843 patent, Dr. Chou has complied with 35
`U.S.C. § 287.
`14. Upon information and belief, Sony has directly, literally under 35
`U.S.C. § 271(a), and/or equivalently under the doctrine of equivalents, infringed
`the ’843 patent, by making, using, selling, offering for sale, and/or importing
`into the United States, without authority, products that fall within the scope of
`one or more claims of the ’843 patent, including, but not limited to, models
`XBR-46HX929, XBR-55HX950, and other similar products, which perform
`substantially the same function as the devices embodied in one or more claims
`of the ’843 patent in substantially the same way to achieve the same result.
`COUNT II
`PATENT INFRINGEMENT OF U.S. PATENT NO. 7,629,751
`15. Plaintiff repeats and re-alleges each and every allegation of
`paragraphs 1-14 as though fully set forth herein.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
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`3
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`Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 5 of 7
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`16. United States Patent No. 7,629,751, titled “Electrical Compensation
`and Fault Tolerant Structure for Light Emitting Array” (hereinafter “the ’751
`patent”), was duly and legally issued by the United States Patent and Trademark
`Office on December 8, 2009, after full and fair examination. A true and correct
`copy of the ’751 patent is attached as Exhibit B and made a part hereof.
`17. Dr. Chou is the owner of all right, title, and interest in and to the
`’751 patent, with full right to bring suit to enforce the patent, including the right
`to recover for past infringement damages.
`18. The ’751 patent is valid and enforceable.
`19. Sony has at no time, either expressly or impliedly, been licensed
`under the ’751 patent.
`20. With respect to the ’751 patent, Dr. Chou has complied with 35
`U.S.C. § 287.
`21. Upon information and belief, Sony has directly, literally under 35
`U.S.C. § 271(a), and/or equivalently under the doctrine of equivalents,
`infringed the ’751 patent, by making, using, selling, offering for sale, and/or
`importing into the United States, without authority, products that fall within the
`scope of one or more claims of the ’751 patent, including, but not limited to,
`models XBR-46HX929, XBR-55HX950, KDL-46R453A, KDL-46HX750, and
`other similar products, which perform substantially the same function as the
`devices embodied in one or more claims of the ’843 patent in substantially the
`same way to achieve the same result.
`CONCLUSION
`22. Unless Defendants are enjoined by this Court from continuing their
`patent infringements, Plaintiff will suffer additional irreparable harm for which
`there is no adequate remedy at law and impairment of the value of its patent
`rights.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
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`4
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`Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 6 of 7
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`23. Plaintiff is entitled to recover from Defendants the damages
`sustained by Plaintiff as a result of Defendants’ wrongful acts in an amount
`subject to proof at trial, which, by law, cannot be less than a reasonable royalty,
`together with interest and costs as fixed by this Court.
`24. Plaintiff has incurred and will incur attorneys’ fees, costs, and
`expenses in the prosecution of this action.
`JURY DEMAND
`25. Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the
`Federal Rules of Civil Procedure.
`PRAYER FOR RELIEF
`26. Plaintiff respectfully requests that the Court find in its favor and
`against Sony, and that the Court grant Plaintiff the following relief:
`A. A judgment that each Defendant infringed U.S. Patents 7,612,843
`and 7,629,751 as alleged herein;
`B. A judgment for an accounting of all damages sustained by Dr. Chou
`as a result of the acts of infringement by each Defendant;
`C. A judgment and order requiring each Defendant to pay Dr. Chou
`damages under 35 U.S.C. § 284, supplemental damages for any continuing post-
`verdict infringement of active patents until entry of the final judgment with an
`accounting as needed, and any royalties determined to be appropriate;
`D. A judgment and order requiring each Defendant to pay Dr. Chou
`pre-judgment and post-judgment interest on the damages awarded;
`E. A preliminary and permanent injunction against further and
`continued infringement of U.S. Patents 7,612,843 and 7,629,751; and
`F.
`Such other and further relief as the Court deems just and equitable.
`[Signature On Next Page]
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
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`5
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`Case 3:13-cv-01661-WQH-KSC Document 1 Filed 07/16/13 Page 7 of 7
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`GCA LAW PARTNERS LLP
`
`
`
`/s/ Jill F. Kopeikin
` Jill F. Kopeikin
`
`Jill F. Kopeikin (SBN 160792)
`Valerie M. Wagner (SBN 173146)
`GCA LAW PARTNERS LLP
`2570 W. El Camino Real, Suite 510
`Mountain View, CA 94040
`Tel: (650) 428-3900
`Fax: (650) 428-3901
`vwagner@gcalaw.com
`jkopeikin@gcalaw.com
`
`
`
`Attorneys for Plaintiff CHEN-JEAN
`CHOU
`
`
`
`Dated: July 16, 2013
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT;
`CASE NO.
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`6
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