`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`ADC TECHNOLOGY INC.,
`
`Plaintiff,
`
`v.
`
`
`
`
`
`KYOCERA COMMUNICATIONS INC.
`and KYOCERA CORPORATION,
`
`
`
`
`
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`Civil Action No. 1:12-cv-6418
`
`JURY TRIAL DEMANDED
`
`Plaintiff ADC Technology Inc., for its complaint against Defendants
`
`Kyocera Communications
`
`Inc. and Kyocera Corporation
`
`(collectively
`
`“Defendants”), alleges as follows:
`
`NATURE OF THE SUIT
`
`1.
`
`This is a claim for patent infringement arising under the patent laws
`
`of the United States, Title 35 of the United States Code.
`
`PARTIES
`
`2.
`
`ADC Technology Inc. (“ADC”) is a corporation organized under the
`
`laws of Japan with a principal place of business in Nagoya, Japan. Among other
`
`things, ADC develops technology and has sold products used in wireless
`
`communication.
`
`3.
`
`ADC is the owner of a series of patents on inventions made by
`
`Toshiharu Enmei for ADC, in the field of mobile communication devices.
`
`4.
`
`ADC owns all right, title, and interest in, and has standing to sue
`
`for, the infringement of United States Patent No. 8,103,313 B2, titled “Portable
`
`PX 1048
`
`Kyocera PX 1048_1
`
`
`
`Case: 1:12-cv-06418 Document #: 1 Filed: 08/14/12 Page 2 of 4 PageID #:2
`
`Communicator” (“the ‘313 Patent”).
`
`5.
`
`Each of the following Defendants have infringed the ‘313 Patent by
`
`selling, offering to sell, and/or importing mobile communication devices in the
`
`United States, including sales in Illinois and this judicial district.
`
`6.
`
`Kyocera Communications Inc. (“Kyocera USA”) is a Delaware
`
`corporation with an office at 10300 Campus Point Drive, San Diego, California
`
`92121. Kyocera USA is in the business of designing, importing, selling, and
`
`distributing mobile communication devices in the United States.
`
`7.
`
`Kyocera Corporation (“Kyocera”) is the parent of Kyocera USA, and
`
`is a corporation organized under the laws of Japan with principal offices in Kyoto,
`
`Japan. Kyocera is in the business of designing, manufacturing, importing into the
`
`United States, and selling mobile communication devices, among other
`
`businesses.
`
`JURISDICTION AND VENUE
`
`8.
`
`This Court has exclusive jurisdiction over the subject matter of this
`
`case for patent infringement under 28 U.S.C. § 1338(a).
`
`9.
`
`This Court has personal jurisdiction over Kyocera USA and
`
`Kyocera because they conduct business in Illinois, and have committed acts of
`
`patent infringement in Illinois and this judicial district, such as the marketing and
`
`sale of mobile communication devices to customers in Illinois.
`
`10. Each of the defendants has placed its infringing products in the
`
`stream of commerce with knowledge and intent that the products would be
`
`distributed and sold, directly or through others in a distribution chain, to
`
`Kyocera PX 1048_2
`
`
`
`Case: 1:12-cv-06418 Document #: 1 Filed: 08/14/12 Page 3 of 4 PageID #:3
`
`customers in Illinois and this judicial district.
`
`11. Venue is proper in this judicial district under 28 U.S.C. §§ 1400(b)
`
`and 1391. All defendants reside in this district because they are subject to
`
`personal jurisdiction here. All defendants have committed acts of infringement in
`
`this district, and a substantial part of the infringing acts have occurred here.
`
`Kyocera Corporation is an alien corporation that can be sued in any district.
`
`PATENT INFRINGEMENT
`
`12. Kyocera USA and Kyocera have infringed at least one claim of the
`
`‘313 Patent, at least by importing, using, selling, and offering to sell mobile
`
`communication devices under the Kyocera and Sanyo brand names, including
`
`but not limited to phones designated by the names Zio, Brio, Milano, Torino,
`
`Incognito and/or Innuendo.
`
`13. Each Defendant’s infringement has injured ADC, and ADC is
`
`entitled to recover damages adequate to compensate it for such infringement, but
`
`in no event less than a reasonable royalty.
`
`14. ADC’s injury will continue unless and until this Court enters an
`
`injunction against further infringement by all Defendants.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Plaintiff ADC Technology Inc. respectfully requests that
`
`this Court enter judgment against each of Defendants Kyocera Communications
`
`Inc. and Kyocera Corporation, and against their subsidiaries, successors,
`
`parents, affiliates, officers, directors, agents, servants, employees, and all
`
`persons in active concert or participation with them, granting the following relief:
`
`Kyocera PX 1048_3
`
`
`
`Case: 1:12-cv-06418 Document #: 1 Filed: 08/14/12 Page 4 of 4 PageID #:4
`
`
`
`A.
`
`The entry of judgment in favor of ADC Technology Inc. on the claim
`
`of infringement for the ‘313 Patent;
`
`
`
`B.
`
`An award of damages adequate to compensate ADC Technology
`
`Inc. for the infringement that has occurred (together with prejudgment interest
`
`from the date the infringement began), but in no event less than a reasonable
`
`royalty as permitted by 35 U.S.C. § 284;
`
`
`
`C.
`
`A permanent injunction against further infringement of the ‘313
`
`Patent;
`
`
`
`D.
`
`A finding that this case is exceptional and an award to ADC
`
`Technology Inc. of all relief provided by 35 U.S.C. § 285; and
`
`
`
`E.
`
`Such other and further relief that ADC Technology Inc. is entitled to
`
`under law, and any additional relief that this Court or a jury may deem just and
`
`proper.
`
`JURY DEMAND
`
`
`
`ADC Technology Inc. demands a trial by jury on all issues presented in
`
`this amended complaint.
`
`Dated: August 14, 2012
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ADC Technology Inc.
`
`
`
`/s/Richard B. Megley, Jr.
`Raymond P. Niro
`Dean D. Niro
`Patrick F. Solon
`Richard B. Megley, Jr.
`Niro, Haller & Niro
`181 West Madison, Suite 4600
`Chicago, Illinois 60602-4515
`Telephone: (312) 236-0733
`Facsimile: (312) 236-3137
`
`
`
`
`
`
`
`Kyocera PX 1048_4
`
`