Case 3:12-cv-01500-MO Document 1 Filed 08/17/12 Page 1 of 6 Page ID#: 1
`
`JAMES E. GERINGER (OSB No. 951783) – james.geringer@klarquist.com
`PATRICK M. BIBLE (OSB No. 020323) – patrick.bible@klarquist.com
`KLARQUIST SPARKMAN, LLP
`121 S.W. Salmon Street, Suite 1600
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Fax: (503) 595-5301
`
`MARK E. MILLER (pro hac vice forthcoming) – markmiller@omm.com
`MICHAEL SAPOZNIKOW (pro hac vice forthcoming) – msapoznikow@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111
`Telephone:
`(415) 984-8700
`Facsimile:
`(415) 984-8701
`
`Attorneys for Plaintiff
`MENTOR GRAPHICS CORPORATION
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF OREGON
`
`PORTLAND DIVISION
`
`MENTOR GRAPHICS CORPORATION,
`an Oregon corporation,
`
` Civil Action No.
`
`PLAINTIFF,
`
`v.
`
`COMPLAINT FOR PATENT
`INFRINGEMENT AND DEMAND FOR
`JURY TRIAL
`
`
`EVE-USA, INC., a Delaware Corporation, and
`EMULATION AND VERIFICATION
`ENGINEERING, S.A., formed under the laws
`of France,
`
`DEFENDANTS.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`1
`
`
`
`JAMES E. GERINGER (OSB No. 951783) – james.geringer@klarquist.com
`PATRICK M. BIBLE (OSB No. 020323) – patrick.bible@klarquist.com
`KLARQUIST SPARKMAN, LLP
`121 S.W. Salmon Street, Suite 1600
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Fax: (503) 595-5301
`
`MARK E. MILLER (pro hac vice forthcoming) – markmiller@omm.com
`MICHAEL SAPOZNIKOW (pro hac vice forthcoming) – msapoznikow@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111
`Telephone:
`(415) 984-8700
`Facsimile:
`(415) 984-8701
`
`Attorneys for Plaintiff
`MENTOR GRAPHICS CORPORATION
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF OREGON
`
`PORTLAND DIVISION
`
`MENTOR GRAPHICS CORPORATION,
`an Oregon corporation,
`
` Civil Action No.
`
`PLAINTIFF,
`
`v.
`
`COMPLAINT FOR PATENT
`INFRINGEMENT AND DEMAND FOR
`JURY TRIAL
`
`
`EVE-USA, INC., a Delaware Corporation, and
`EMULATION AND VERIFICATION
`ENGINEERING, S.A., formed under the laws
`of France,
`
`DEFENDANTS.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`1
`
`
`
`Case 3:12-cv-01500-MO Document 1 Filed 08/17/12 Page 2 of 6 Page ID#: 2
`
`Plaintiff Mentor Graphics Corporation (“Mentor Graphics”) hereby alleges in its
`
`Complaint against Defendants EVE-USA, Inc. and Emulation and Verification Engineering, S.A.
`
`(collectively, “EVE”) as follows.
`
`PARTIES
`
`1.
`
`Mentor Graphics is a corporation organized and existing under the laws of the
`
`State of Oregon, with a principal place of business at 8005 SW Boeckman Road, Wilsonville,
`
`Oregon 97070.
`
`2.
`
`EVE-USA, Inc. is a corporation organized and existing under the laws of
`
`Delaware, with a principal office in San Jose, California.
`
`3.
`
`Emulation and Verification Engineering, S.A. (“EVE S.A.”) is a French
`
`corporation headquartered in Wissous, France.
`
`4.
`
`5.
`
`EVE-USA, Inc. (“EVE-USA”) is a wholly-owned subsidiary of EVE S.A.
`
`EVE-USA and EVE S.A. jointly develop, market, and support the “ZeBu” series
`
`of verification, emulation, and acceleration systems.
`
`6.
`
`The “ZeBu” series of emulation systems is marketed and sold in competition with
`
`verification, emulation, and acceleration systems designed, manufactured, marketed, and sold by
`
`Mentor Graphics.
`
`JURISDICTION AND VENUE
`
`7.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code, including, but not limited to, 35 U.S.C. § 271.
`
`8.
`
`This court has original jurisdiction over patent infringement claims under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`9.
`
`EVE-USA has committed acts of patent infringement in this District.
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`2
`
`
`
`Case 3:12-cv-01500-MO Document 1 Filed 08/17/12 Page 3 of 6 Page ID#: 3
`
`10.
`
`EVE-USA’s contacts with this District are sufficient to subject it to the personal
`
`jurisdiction of this court.
`
`11.
`
`12.
`
`EVE S.A. has committed acts of patent infringement in this District.
`
`EVE S.A.’s contacts with this District are sufficient to subject it to the personal
`
`jurisdiction of this court.
`
`13.
`
`14.
`
`EVE has sold and offered to sell ZeBu emulation system products in this District.
`
`Several ZeBu Servers have been purchased by a customer of EVE and delivered
`
`to the customer’s offices in Oregon.
`
`15.
`
`EVE provides maintenance, support, and installation services in Oregon for ZeBu
`
`Servers in Oregon.
`
`16.
`
`Venue is proper in this Court under 28 U.S.C. §§ 1391(b)–(c) and 1400(b).
`
`GENERAL ALLEGATIONS
`
`17. Mentor Graphics is an industry leader in functional design and verification.
`
`Mentor Graphics has provided the world’s leading circuit design companies with mission-critical
`
`design and verification tools for over two decades. As an industry leader, Mentor Graphics has
`
`introduced numerous innovations in the design and verification field, including but not limited to
`
`those covered by United States Patent No. 6,947,882 (the ’882 Patent).
`
`18.
`
`The ’882 Patent is titled “Regionally Time Multiplexed Emulation System,” and
`
`issued on September 20, 2005. A copy of the ’882 Patent is attached as Exhibit A to this
`
`Complaint.
`
`19. Mentor Graphics owns all right, title and interest in the ’882 Patent.
`
`20.
`
`On March 31, 2004, before the ’882 Patent issued, Mentor Graphics offered to
`
`license EVE under the allowed claims that issued in the ’882 Patent. EVE did not take a license
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`3
`
`
`
`Case 3:12-cv-01500-MO Document 1 Filed 08/17/12 Page 4 of 6 Page ID#: 4
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`under the ’882 Patent, and instead incorporated the subject matter of at least one claim of the
`
`’882 Patent in ZeBu emulation systems without authority or license from Mentor Graphics.
`
`COUNT I – PATENT INFRINGEMENT
`
`21. Mentor Graphics repeats and realleges each and every allegation contained in the
`
`preceding paragraphs, with the same force and effect as if repeated in full here.
`
`22.
`
`Defendants have infringed the ’882 Patent by, inter alia, making, using, selling,
`
`offering for sale, importing, and supporting EVE’s “ZeBu” series of verification, emulation, and
`
`acceleration systems in the United States, including at least “ZeBu Server.”
`
`23.
`
`Defendants have infringed and continue to infringe the ’882 Patent by making,
`
`using, selling, offering for sale, and/or importing infringing products, without authority or license
`
`from Mentor Graphics, in violation of 35 U.S.C. § 271(a).
`
`24.
`
`Defendants have induced others to infringe one or more claims of the ’882 Patent
`
`in violation of 35 U.S.C. § 271(b).
`
`25.
`
`Defendants have contributorily infringed one or more claims of the ’882 Patent in
`
`violation of 35 U.S.C. § 271(c).
`
`26. Mentor Graphics has suffered damages as a result of EVE’s infringement of the
`
`’882 Patent.
`
`27.
`
`EVE has been aware of the existence of the application that issued as the ’882
`
`Patent and its subject matter at least since March 31, 2004. On information and belief, EVE’s
`
`infringement has been and continues to be willful.
`
`28.
`
`EVE will continue to infringe, induce others to infringe, and/or engage in
`
`contributory infringement of the ’882 Patent unless enjoined by the Court.
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`4
`
`
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`Case 3:12-cv-01500-MO Document 1 Filed 08/17/12 Page 5 of 6 Page ID#: 5
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`29.
`
`EVE’s acts of infringement have caused and, unless enjoined by this Court, will
`
`continue to cause Mentor Graphics to sustain irreparable damage, loss and injury, for which
`
`Mentor Graphics has no adequate remedy at law.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Mentor Graphics prays for judgment against EVE as follows:
`
`(a)
`
`Preliminarily and permanently enjoining EVE, EVE’s officers, agents, servants,
`
`and employees, and all persons acting in concert with them, and each of them, from infringing,
`
`inducing others to infringe, and/or engaging in contributory infringement of the ’882 Patent;
`
`(b) Awarding Mentor Graphics damages based on EVE’s infringement of the ’882
`
`Patent, in an amount according to proof, and trebling same by reason of the willful, wanton, and
`
`deliberate nature of such infringement;
`
`(c) Declaring that this is an exceptional case under 35 U.S.C. § 285 and awarding
`
`Mentor Graphics its attorneys’ fees and costs in this action;
`
`(d) Assessing prejudgment interest on damages; and,
`
`(e) Awarding Mentor Graphics such other and further relief as the Court deems just
`
`and equitable.
`
`JURY DEMAND
`
`Mentor Graphics hereby demands trial by jury of all issues so triable under the law.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`5
`
`
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`Case 3:12-cv-01500-MO Document 1 Filed 08/17/12 Page 6 of 6 Page ID#: 6
`
`
`Dated: August 17, 2012
`
`
`
`
`
`
`
`
`
`
` s/James E. Geringer
`James E. Geringer, OSB No. 951783
`james.geringer@klarquist.com
`Patrick M. Bible, OSB No. 020323
`patrick.bible@klarquist.com
`Mark W. Wilson, OSB No. 091596
`mark.wilson@klarquist.com
`KLARQUIST SPARKMAN, LLP
`121 S.W. Salmon Street, Suite 1600
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Fax: (503) 595-5301
`
`Mark E. Miller (pro hac vice forthcoming)
`markmiller@omm.com
`Michael Sapoznikow (pro hac vice forthcoming)
`msapoznikow@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111
`Telephone (415) 984-8700
`Facsimile (415) 984-8701
`
`Attorneys for Plaintiff
`MENTOR GRAPHICS CORPORATION
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`
`
`
`6
`
`
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