Case 1:17-cv-00297-LPS Document 1 Filed 03/20/17 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`INTELLECTUAL VENTURES II LLC,
`Plaintiff,
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`
`
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`v.
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`DENSO CORPORATION, AND
`DENSO INTERNATIONAL AMERICA, INC.,
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`Civil Action No.
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`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Intellectual Ventures II LLC (“IV” or “Plaintiff’), brings this action for patent
`
`infringement against Defendants Denso Corporation and Denso International America, Inc.
`
`(“Denso” or “Defendants”), and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement under the patent laws of the United
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`States, Title 35 of the United States Code. IV seeks remedies for Defendants’ infringement of
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`IV’s U.S. Patent No. 7,067,952 (“the ’952 Patent” or the “Patent-in-Suit”).
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`THE PARTIES
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`2.
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`Intellectual Ventures II LLC is a Delaware limited liability company, with a
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`principal place of business at 3150 139th Ave. SE, Bldg. 4, Bellevue, WA 98005.
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`3.
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`Upon information and belief, Denso Corporation is a corporation organized and
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`existing under the laws of Japan, with its principal place of business at 1-1, Showacho, Kariya,
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`Aichi, 448-0029, Japan.
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`4.
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`Upon information and belief, Denso International America, Inc. is a Michigan
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`corporation headquartered at 24777 Denso Drive, Southfield, MI 48033.
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`- 1 -
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`INTELLECTUAL VENTURES II LLC,
`Plaintiff,
`
`
`
`
`v.
`
`DENSO CORPORATION, AND
`DENSO INTERNATIONAL AMERICA, INC.,
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Intellectual Ventures II LLC (“IV” or “Plaintiff’), brings this action for patent
`
`infringement against Defendants Denso Corporation and Denso International America, Inc.
`
`(“Denso” or “Defendants”), and alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, Title 35 of the United States Code. IV seeks remedies for Defendants’ infringement of
`
`IV’s U.S. Patent No. 7,067,952 (“the ’952 Patent” or the “Patent-in-Suit”).
`
`THE PARTIES
`
`2.
`
`Intellectual Ventures II LLC is a Delaware limited liability company, with a
`
`principal place of business at 3150 139th Ave. SE, Bldg. 4, Bellevue, WA 98005.
`
`3.
`
`Upon information and belief, Denso Corporation is a corporation organized and
`
`existing under the laws of Japan, with its principal place of business at 1-1, Showacho, Kariya,
`
`Aichi, 448-0029, Japan.
`
`4.
`
`Upon information and belief, Denso International America, Inc. is a Michigan
`
`corporation headquartered at 24777 Denso Drive, Southfield, MI 48033.
`
`- 1 -
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`Case 1:17-cv-00297-LPS Document 1 Filed 03/20/17 Page 2 of 5 PageID #: 2
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`JURISDICTION AND VENUE
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`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
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`Venue in this district is proper under 28 U.S.C. §§ 1400(b) and 1391(b) and (c).
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`This Court has personal jurisdiction over Denso by virtue of, inter alia, (i)
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`1338.
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`5.
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`6.
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`7.
`
`8.
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`maintaining a regular place of business and a continuing presence in this jurisdiction; (ii)
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`committing at least a portion of the infringements alleged herein within this district; and (iii)
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`regularly doing business or soliciting business, engaging in other persistent courses of conduct
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`and/or deriving substantial revenue from goods and services provided to individuals in this
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`district.
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`THE PATENT
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`9.
`
`United States Patent No. 7,067,952 is entitled “Stator assembly made from a
`
`molded web of core segments and motor using same,” and issued June 27, 2006 to inventor
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`Griffith D. Neal. The ’952 Patent issued from United States Patent Application No. 10/383,219
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`filed on March 5, 2003. The ’952 Patent claims priority to U.S. Patent No. 7,036,207 filed on
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`March 2, 2001. A copy of the ’952 Patent is attached as Exhibit 1.
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`10.
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` IV is the lawful assignee and owner of all right, title, and interest in and to the
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`’952 Patent.
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`INFRINGEMENT OF THE PATENT-IN-SUIT
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`11.
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`Denso has infringed and continues to infringe at least one of IV’s patents that
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`cover aspects of electric motors and other products, including, without limitation the Denso
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`Power Steering Motor with Toyota part number 89650-33680 (the “Exemplary Denso Product”).
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`- 2 -
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`Case 1:17-cv-00297-LPS Document 1 Filed 03/20/17 Page 3 of 5 PageID #: 3
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`12.
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`IV incorporates by reference in its allegations herein certain claim charts
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`comparing exemplary claims of the Patent-in-Suit to the Exemplary Denso Product.
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`13.
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`Specifically, Exhibit 2 is a chart comparing claims of the Patent-in-Suit to the
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`Exemplary Denso Product.
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`14.
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`As set forth in Exhibit 2, the Exemplary Denso Product practices, in whole or in
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`material part, the technology claimed by the Patent-in-Suit.
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`COUNT I
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`(Denso’s Infringement of the ’952 Patent)
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`Paragraphs 1 through 14 are incorporated by reference as if fully restated herein.
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`IV is the assignee and lawful owner of all right, title and interest in and to the
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`The ’952 Patent is valid and enforceable.
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`Denso has infringed, and is still infringing, the ’952 Patent in at least this District
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`15.
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`16.
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`’952 Patent.
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`17.
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`18.
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`by making, using, offering to sell, selling and/or importing Accused Products that infringe at
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`least claims 10 and 12 of the ’952 Patent (the “Exemplary ’952 Patent Claims”) literally or by
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`the doctrine of equivalents.
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`19.
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`On information and belief, Denso directly infringes the ’952 Patent by designing,
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`manufacturing, and selling the Exemplary Denso Product.
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`20.
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`Exhibit 2 includes a chart comparing exemplary claims 10 and 12 of the ’952
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`Patent to the Exemplary Denso Product. As set forth in these charts, the Exemplary Denso
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`Product practices, in whole or in material part, the technology claimed by the ’952 Patent.
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`Accordingly, the Exemplary Denso Product infringes at least exemplary claims 10 and 12 of the
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`’952 Patent.
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`Case 1:17-cv-00297-LPS Document 1 Filed 03/20/17 Page 4 of 5 PageID #: 4
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`21.
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`IV is entitled to recover damages adequate to compensate for Denso’s
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`infringement.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests the following relief:
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`a)
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`b)
`
`and
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`g)
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`A judgment that the ’952 Patent is valid and enforceable.
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`A judgment that Defendants have infringed one or more claims of the ’952 Patent;
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`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants’ past infringement, and any continuing or future infringement of the
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`Patents-in-Suit, up until the date such judgment is entered, including pre or post judgment
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`interest, costs, and disbursements as justified under 35 U.S.C. § 284 and, if necessary, to
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`adequately compensate Plaintiff for Defendants’ infringement, an accounting:
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`i.
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`that this case be declared exceptional within the meaning of 35 U.S.C. § 285 and
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`that Plaintiff be awarded its reasonable attorneys’ fees against Defendants that it
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`incurs in prosecuting this action;
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`ii. that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
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`action; and
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`iii. that Plaintiff be awarded such further relief at law or in equity as the Court deems
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`just and proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands trial by jury on all claims and issues so triable.
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`Case 1:17-cv-00297-LPS Document 1 Filed 03/20/17 Page 5 of 5 PageID #: 5
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`Respectfully submitted,
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`FARNAN LLP
`
`
`/s/ Brian E. Farnan
`Brian Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street,12th Floor
`Wilmington, DE 19801
`Phone: 302-777-0300
`Fax: 302-777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`
`
` Attorneys for INTELLECTUAL
`VENTURES II LLC
`
`Dated: March 20, 2017
`
`Of Counsel:
`
`James M. Wodarski
`Michael T. Renaud
`Brad M. Scheller
`Andrew H. DeVoogd
`Nicholas W. Armington
`Serge Subach
`MINTZ LEVIN COHN FERRIS
` GLOVSKY AND POPEO, P.C.
`Boston, MA 02111
`Tel: 617-542-6000
`Fax: 617-542-2241
`
`Aarti Shah
`MINTZ LEVIN COHN FERRIS
` GLOVSKY AND POPEO, P.C.
`701 Pennsylvania Avenue NW
`Suite 900
`Washington, DC 20004
`Tel: 202-434-7300
`Fax: 202-434-7400
`
`
`- 5 -
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