`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`CIRREX SYSTEMS, LLC,
`
` Plaintiff
`
`v.
`
`ILLUMINA, INC.,
`
` Defendant.
`
`
`
`
`
`C.A. No.
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`
`JURY TRIAL DEMANDED
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`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Cirrex Systems, LLC (“Cirrex”) alleges as follows:
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`PARTIES
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`1.
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`Cirrex is a Delaware limited liability company with a principal place of business
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`located at 4425 Mariners Ridge, Alpharetta, GA 30005.
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`2.
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`Defendant Illumina, Inc. (“Illumina”) is a Delaware corporation with a principal
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`place of business at 5200 Research Way, San Diego, California, 92122. Illumina has appointed
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`The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801, as its agent for service of process.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C.
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`§§ 1331 and 1338(a).
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`4.
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`Illumina is a corporation organized and existing under the laws of the State of
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`Delaware. Thus, Illumina has purposefully availed itself of the benefits of the state of Delaware
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`Page 1
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`and the exercise of jurisdiction over Illumina would not offend traditional notions of fair play
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`and substantial justice.
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`5.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(d) and 1400(b)
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`because Illumina is subject to personal jurisdiction in this District.
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`FACTUAL BACKGROUND
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`6.
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`Optical technologies empower telecommunications, photonic instrumentation, and
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`biomedical devices. For the past two decades, Cirrex has pioneered the development of optics,
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`optical systems, and optical fabrication related to process control and the chemistry of fiber
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`optics. The main objective has been to find solutions that photonic technologies can provide that
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`will benefit instrumentation, communications, and healthcare. To date, Cirrex’s innovation
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`process has provided various novel technologies that combine the effects of multiple
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`conventional optical elements such as filters, mirrors, prisms, and lenses; these are fashioned into
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`highly complex designs on a microscopic scale, enabling fiber optics and lasers to attain new
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`uses at a fraction of the size and cost previously thought possible.
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`7.
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`For many years, it was thought to be impossible to uniquely mark or otherwise
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`identify optical fibers because of their tiny size and challenging composition (e.g., glass).
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`Moreover, different types of fibers that may appear identical to the human eye can have very
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`different qualities in practice. Additionally, the size of the markings on the fiber limits the
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`number of unique identifiers for fiber segments that can be cataloged and tracked at one time.
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`8.
`
`Cirrex’s solution to this problem was born out of a need to identify myriad fiber
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`optic segments, each different from one another, to place them in a desired configuration. Each
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`fiber segment was different from one another in shape or composition, and the minute scale of
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`the fiber made traditional marking technology impossible to use. It was simply not achievable to
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`2
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`Page 2
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`uniquely identify each fiber segment by writing on it due to the miniature size, nor was it
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`possible to identify the number of fiber segments needed to create a life sciences measuring
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`system. Also, markings on the fiber can negatively impact the use of that fiber, as the markings
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`can be deleterious to light passing through the fiber as desired.
`
`9.
`
`Cirrex’s ingenious solution is to use precisely the light that the fibers are intended
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`to interact with as the signal of a given fiber’s identification and any special qualities it may
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`have. Machine-readable identifiers can be encoded by slightly modifying the outer cladding,
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`inner core, or both to create a signature that can positively identify an almost limitless number of
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`fiber segments. Using light waves to encode the identifier in the fiber segment allows for the
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`identification tag to be made extremely small; even the smallest fiber segment can be uniquely
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`identified to a machine for any application. This has allowed companies like Illumina to provide
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`solutions in the life sciences to rapidly and efficiently detect and analyze data at low costs while
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`delivering consistent performance in application areas that require the testing and analysis of
`
`large volumes of samples.
`
`THE ASSERTED PATENTS
`
`10.
`
`Cirrex is the owner by assignment of U.S. Patent No. 6,542,673 (the “’673
`
`patent”). The ’673 patent is entitled “Identifier System and Components for Optical
`
`Assemblies.” The ’673 patent issued on April 1, 2003. A true and correct copy of the ’673
`
`patent is attached hereto as Exhibit A.
`
`11.
`
`Cirrex is the owner by assignment of U.S. Patent No. 8,135,250 (the “’250
`
`patent”). The ’250 patent is entitled “Facile Production of Optical Communication Assemblies
`
`and Components.” The ’250 patent issued on March 13, 2012. A true and correct copy of the
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`’250 patent is attached hereto as Exhibit B.
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`3
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`Page 3
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`12.
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`Cirrex is the owner by assignment of U.S. Patent No. 8,363,992 (the “’992
`
`patent”). The ’992 patent is entitled “Facile Optical Assemblies and Components.” The ’992
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`patent issued on January 29, 2013. A true and correct copy of the ’992 patent is attached hereto
`
`as Exhibit C.
`
`COUNT I
`(Infringement of U.S. Patent No. 6,542,673)
`
`Illumina has been and still is infringing the ’673 patent, including, but not limited
`
`13.
`
`to, Claim 30, literally and under the doctrine of equivalents, by using, selling, offering to sell, or
`
`importing, without license or authority, VeraCode microbeads.
`
`14.
`
`To the extent that facts learned in discovery show that Illumina’s infringement of
`
`the ’673 patent is or has been willful, Cirrex reserves the right to request such a finding at the
`
`time of trial.
`
`15.
`
`To the extent applicable, the requirements of 35 U.S.C. § 287(a) have been met
`
`with respect to the ’673 patent.
`
`16.
`
`As a result of Illumina’s infringement of the ’673 patent, Cirrex has suffered
`
`monetary damages in an amount adequate to compensate for Illumina’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Illumina, together with
`
`interest and costs as fixed by the Court, and Cirrex will continue to suffer damages in the future
`
`unless Illumina’s infringing activities are enjoined by this Court.
`
`17.
`
`Unless a permanent injunction is issued enjoining Illumina and its agents,
`
`servants, employees, representatives, affiliates, and all others acting or in active concert
`
`therewith from infringing the ’673 patent, Cirrex will be greatly and irreparably harmed.
`
`
`
`
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`4
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`Page 4
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`
`
`COUNT II
`(Infringement of U.S. Patent No. 8,135,250)
`
`Illumina has been and still is infringing the ’250 patent, including, but not limited
`
`18.
`
`to, Claim 1, literally and under the doctrine of equivalents, by using, selling, offering to sell, or
`
`importing, without license or authority, optical bead identification systems, including, but not
`
`limited to, VeraCode.
`
`19.
`
`To the extent that facts learned in discovery show that Illumina’s infringement of
`
`the ’250 patent is or has been willful, Cirrex reserves the right to request such a finding at the
`
`time of trial.
`
`20.
`
`To the extent applicable, the requirements of 35 U.S.C. § 287(a) have been met
`
`with respect to the ’250 patent.
`
`21.
`
`As a result of Illumina’s infringement of the ’250 patent, Cirrex has suffered
`
`monetary damages in an amount adequate to compensate for Illumina’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Illumina, together with
`
`interest and costs as fixed by the Court, and Cirrex will continue to suffer damages in the future
`
`unless Illumina’s infringing activities are enjoined by this Court.
`
`22.
`
`Unless a permanent injunction is issued enjoining Illumina and its agents,
`
`servants, employees, representatives, affiliates, and all others acting or in active concert
`
`therewith from infringing the ’250 patent, Cirrex will be greatly and irreparably harmed.
`
`COUNT III
`(Infringement of U.S. Patent No. 8,363,992)
`
`Illumina has been and still is infringing the ’992 patent, including, but not limited
`
`23.
`
`to, Claim 1, literally and under the doctrine of equivalents, by using, selling, offering to sell, or
`
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`5
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`Page 5
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`
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`importing, without license or authority, optical bead identification systems, including, but not
`
`limited to, VeraCode.
`
`24.
`
`To the extent that facts learned in discovery show that Illumina’s infringement of
`
`the ’992 patent is or has been willful, Cirrex reserves the right to request such a finding at the
`
`time of trial.
`
`25.
`
`To the extent applicable, the requirements of 35 U.S.C. § 287(a) have been met
`
`with respect to the ’992 patent.
`
`26.
`
`As a result of Illumina’s infringement of the ’992 patent, Cirrex has suffered
`
`monetary damages in an amount adequate to compensate for Illumina’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Illumina, together with
`
`interest and costs as fixed by the Court, and Cirrex will continue to suffer damages in the future
`
`unless Illumina’s infringing activities are enjoined by this Court.
`
`27.
`
`Unless a permanent injunction is issued enjoining Illumina and its agents,
`
`servants, employees, representatives, affiliates, and all others acting or in active concert
`
`therewith from infringing the ’992 patent, Cirrex will be greatly and irreparably harmed.
`
`PRAYER FOR RELIEF
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`Cirrex prays for the following relief:
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`1.
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`A judgment that Illumina has infringed one or more claims of the ’673, ’250, and
`
`’992 patents;
`
`2.
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`A permanent injunction enjoining Illumina and its officers, directors, agents,
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`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
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`active concert or participation with it, from infringing the ’673, ’250, and ’992 patents;
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`6
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`Page 6
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`3.
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`An award of damages resulting from Illumina’s acts of infringement in
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`accordance with 35 U.S.C. § 284;
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`4.
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`A judgment and order requiring Illumina to provide an accounting and to pay
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`supplemental damages to Cirrex, including, without limitation, prejudgment and post-judgment
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`interest; and
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`5.
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`Any and all other relief to which Cirrex may show itself to be entitled.
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`JURY TRIAL DEMANDED
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`Cirrex hereby demands a trial by jury of all issues so triable.
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`February 27, 2013
`
`OF COUNSEL:
`
`Marc A. Fenster
`Daniel P. Hipskind
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`mfenster@rawklaw.com
`dhipskind@raklaw.com
`(310) 826-7474
`
`
`BAYARD, P.A.
`
` /s/ Stephen B. Brauerman (sb4952)
`Richard D. Kirk (rk0922)
`Stephen B. Brauerman (sb4952)
`Vanessa R. Tiradentes (vt5398)
`222 Delaware Avenue, Suite 900
`Wilmington, DE 19801
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@bayardlaw.com
`
`
`Attorneys for Plaintiff,
`Cirrex Systems, LLC
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`
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`
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`7
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`Page 7
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