throbber
Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 1 of 14 Page ID #:193
`
`IN THE UNITED STATES DISTRICT COURT
`
`' FOR THE DISTRXCT OF DELAWARE
`
`W
`
`BLACK HILLS MEDIA, LLC
`
`V.
`
`Plaintifl,
`
`PIONEER CORPORATION; PiONEER
`ELECTRONICS (USA) INC.
`
`Defendant.
`
`
`
`”mam—I
`
`Civil Action No. 1:12-ev—00634
`
`JURY TRIAL DEMANDED
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Black Hills Media, LLC (“Black Hills” or “Plaintiff’), for its First Amended
`
`Complaint against Pioneer Corporation and Pioneer Electronics (USA) inc. (“Defendants”),
`
`states and alleges as follows:
`
`THE PARTiES
`
`1.
`
`Plaintiff Black Hills Media, LLC, is a Delaware limited liability company having _
`
`its principal place of business at 1000 N. West St, Suite 1200, Wilmington, Delaware 19801.
`
`2.
`
`Upon information and belief, Defendant Pioneer Corporation is a Japanese
`
`corporation with its principal place of business at
`
`lul Shin—ogura, Saiwai—ku, Kawasaki-ski,
`
`Kanagawa 2 i 2~003 1, Japan.
`
`3.
`
`Upon information and belief, Defendant Pioneer Electronics (USA) Inc.
`
`is a
`
`Delaware corporation with its principal place of business at 2265 E. 220th Street, Long Beach,
`
`California 908 l 0.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement under the patent laws of the United
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 2 of 14 Page ID #:194
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`States, Title 35, United States Code, specifically §§ 271 and 281—285. This Court has subject
`
`matter jurisdiction under Title 28 United States Code §§ 1331 and 1338(a).
`
`5.
`
`Personal
`
`jurisdiction over Defendants
`
`comports with the United States
`
`Constitution and 10 Del. C. § 3104 of the Delaware Code because Defendants have committed
`
`and continue to commit acts of patent infringement in this district as alleged in this Complaint
`
`and additionally, at least one Defendant is a citizen of this state.
`
`6.
`
`Venue is properly within the district under Title 28 United States Code §§
`
`1391(b) and (c) and 1400(b).
`
`BACKGROUND
`
`7.
`
`Black Hills owns all of the rights and interests in United States Patent Nos.
`
`8,045,952 (“the ‘952 Patent”); 8,050,652 (“the ‘652 Patent”); 6,985,694 (“the ‘694 Patent”);
`
`6,108,686 (“the ‘686 Patent”); 8,230,099 (“the ‘099 Patent”); and 8,214,873 (“the ‘873 Patent”)
`
`(collectively, the “Patents in Suit”).
`
`8.
`
`The “952 Patent entitled “Method and Device for Obtaining Playlist Content Over
`
`a Network” was duly and legally issued by the United States Patent and Trademark Office on
`
`October 25, 2011, after full and fair examination. A copy of the ‘952 Patent is attached as
`
`Exhibit A.
`
`9.
`
`The “652 Patent entitled “Method and Device for an Internet Radio Capable of
`
`Obtaining a Playlist Content From a Content Server” was duly and legally issued by the United
`
`States Patent and Trademark Office on November 1, 2011, after full and fair examination. A
`
`copy of the ‘652 Patent is attached as Exhibit B.
`
`10.
`
`The ‘694 Patent entitled “Method and System for Providing an Audio Element
`
`Cache in a Customized Personal Radio Broadcast” was duly and legally issued by the United
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 3 of 14 Page ID #:195
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`States Patent and Trademark Office on January 10, 2006, after full and fair examination. A copy
`
`of the ‘694 Patent is attached as Exhibit C.
`
`11.
`
`The ‘686 Patent entitled “Agent—Based On~Line Information Retrieval and
`
`Viewing System” was duly and legally issued by the United States Patent and Trademark Office
`
`on August 22, 2000. A copy of the ‘686 Patent is attached as Exhibit D.
`
`12.
`
`The ‘099 Patent entitled “System and Method for Sharing Playlists” was duly and
`
`legally issued by the United States Patent and Trademark Office on July 24, 20l2. A copy of the
`
`‘099 Patent is attached as Exhibit E.
`
`13.
`
`The ‘873 Patent entitied “Method, System, and ComputerwReadable Medium for
`
`Employing a First Device to Direct a Networked Audio Device to Render a Playlist” was duty
`
`and legaliy issued by the United States Patent and Trademark Office on July 3, 2012. A copy of
`
`the “873 Patent is attached as Exhibit F.
`
`14.
`
`Defendants sell and distribute, including upon information and belief within the
`
`District of Delaware, at least the following AV receivers, AV receiversuElite tine, networked
`
`Blu~ray players, and home theater systems: VSX-l lZZ—K, VSX«112t-K, VSX—1022~K, VSX~
`
`lOZt-K, VSX—SZZ-K, VSX-920wK, VSX—921-K, VSX~60, VSX—53, VSX—SZ, VSX—Sl, VSX—SO,
`
`VSX-42, SCI-68, SCI-67, SC-6S, SCI—63, 80-61, 8057, SCI-55, EDP-430, EDP—330, EDP-«140,
`
`BDP~53FD, BDP-43FD, BDP-33FD, BDP—SZFD, BDP~41FD, BDP-31FD, EDP—150, SCI-1222-
`
`K, SC~1522—K, HTZ-BD32, and I—ITzoBDSl (the “accused products”).
`
`m1!
`
`INFRINGEMENT OF THE ‘952 PATENT
`
`15.
`
`Plaintiff incorporates each of the preceding paragraphs 1 - 14 as if fully set forth
`
`herein.
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 4 of 14 Page ID #:196
`
`16.
`
`Defendants are directly or indirectly infringing at least claim 9 of the ‘952 Patent
`
`literally, or under the doctrine of equivalents, by importing into the United States, and/or making,
`
`using, selling, or offering for sale in the United States, including the District of Delaware,
`
`products embodying the patented inventions claimed in the “952 Patent without authority,
`
`including but not limited to the products identified in preceding paragraph 14, or by centributing
`
`to or inducing infringement of the “952 Patent by a third party.
`
`17.
`
`Upon informatiou and belief, after becoming aware of the ‘952 Patent and their
`
`infringement thereof, Defendants are knowingly inducing third party infringement of the ‘952
`
`Patent.
`
`18.
`
`Defendants” inducement of infringement of the “952 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendants” products in ways I
`
`that infringe the ‘952 Patent. Defendants ship the accused products with pie—loaded streaming
`
`services (including Internet subscription services) and/or provide detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`19.
`
`Examples of such instructions can be found in the following link to the
`
`Defendants’ website and the attached Exhibit (3:
`
`-
`
`http:flwwwpioneerelectronics.com/PUSA/I-iome/AV—Receivers/Elite+Receivers/SC~
`
`fl. (See the “Overview” and “Specifications” tabs. Under the “Specifications” tab,
`
`expand “Handheld and Internet”)
`
`0
`
`0
`
`http:Hitunes.agpie.coin/us/agg/icontro1av2/id4 1 808 l 365?rnt=8
`
`httgz/I’itunes.apple.com/us/agp/icontroiavZO12/id499l85618?mt:8
`
`20.
`
`Defendants knew or should have known that their encouragement and instructions
`
`to third parties results in infringement of the ‘952 Patent. Defendants are thus liable for inducing
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 5 of 14 Page ID #:197
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`infringement of the ‘952 Patent pursuant to 35 U.S.C. 271(b).
`
`21.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘952 Patent was included Defendants have willfuliy infringed, directly and/0r indirectly, the ‘952
`
`fatent by having deliberately engaged in their infringing conduct in knowing disregard of the
`
`‘952 Patent and have acted objectively and subjectively reckless in implementing technology in
`
`their products that they knew or should have reasonably known would infringe the ‘952 Patent.
`
`22.
`
`The infringement by the Defendants of the ‘952 Patent has injured Biack Hills
`
`and wili cause Black Hills added irreparable injury and damage in the future unless Defendants
`
`are enjoined from infringing the c952 Patent.
`
`W
`
`INFRINGEMENT OF THE ‘652 PATENT
`
`23.
`
`Plaintiff incorporates each of the preceding paragraphs 1 - 22 as if fuliy set forth
`
`herein.
`
`24.
`
`Defendants are directly or indirectly infringing at least claims i, 21, 42, and 63 of
`
`the ‘652 Patent literally, or under the doctrine of equivalents, by importing into the United States,
`
`and/or making, using, seiling, or offering for sale in the United States, including the District of
`
`Delaware, products embodying the patented inventions claimed in the ‘652 Patent without
`
`authority, including but not limited to the products identified in preceding paragraph 14, or by
`
`contributing to or inducing infringement of the ‘652 Patent by a third party.
`
`25.
`
`Upon information and belief, after becoming aware of the ‘652 Patent and their
`
`infringement thereof, Defendants are knowingly inducing third party infringement of the ‘652
`
`Patent.
`
`26.
`
`Defendants’ inducement of infringement of the c652 Patent includes, but is not
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 6 of 14 Page ID #:198
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`limited to, actively encouraging and instructing third parties to use Defendants” products in ways
`
`that infringe the ‘652 Patent. Defendants ship the accused products with pie-loaded streaming
`
`services (including internet subscription services) and/or provide detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`27.
`
`Examples of such instructions can be found in the following link to the
`
`Defendants” website and the attached Exhibit G:
`
`o
`
`http://www.pioneerelectronics.corn/PUSA/Horne/AV~Receivers/Elite+Receivers/SC-
`
`fl. (See the “Overview” and “Specifications” tabs. Under the “Specifications” tab,
`
`expand “Handheld and Internet”)
`
`0
`
`o
`
`httg:l/itunesapple.com/us/app/icontrolav2/id418081365?1nt=8
`
`http:llitunes.apple.com/us/app/icontrolavZOl2/id499l 85618?mte8
`
`28.
`
`Defendants knew or should have known that their encouragement and instructions
`
`to third parties results in infringement of the ‘652 Patent. Defendants are thus liable for inducing
`
`infringement of the ‘652 Patent pursuant to 35 U.S.C. 271(h).
`
`29.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘652 Patent was included Defendants have wiiifuily infringed, directly and/or indirectly, the “652
`
`Patent by having deliberately engaged in their infringing conduct in knowing disregard of the
`
`‘652 Patent and have acted objectively and subjectively reckless in implementing technology in
`
`their products that they knew or should have reasonabiy known would infringe the ‘652 Patent.
`
`30.
`
`The infringement by the Defendants of the ‘652 Patent has injured Black Hills
`
`and will cause Black Hills added irreparabie injury and damage in the future uniess Defendants
`
`are enjoined from infringing the ‘652 i3atent.
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 7 of 14 Page ID #:199
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`W
`
`INFRINGEMENT OF THE ‘694 PATENT
`
`3 1.
`
`Plaintiff incorporates each of the preceding paragraphs 1 - 30 as if faily set forth
`
`herein.
`
`32.
`
`Defendants are directly or indirectly infringing at least claim i of the ‘694 Patent
`
`literally, or under the doctrine of equivalents, by importing into the United States, and/or making,
`
`using, seiling,-or offering for sale in the United States, including the District of Delaware,
`
`products embodying the patented inventions claimed in the "694 Patth without authority,
`
`including but not limited to the products identified in preceding paragraph 14, or by contributing
`
`to or inducing infringement of the ‘694 Patent by a third party.
`
`33.
`
`Upon information and belief, after becoming aware of the ‘694 Patent and their
`
`infringement thereof, Defendants are knowingiy inducing third party infringement of the ‘694
`
`Patent.
`
`34.
`
`Defendants’ inducement of infringement of the ‘694 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendants’ products in ways
`
`that infringe the ‘694 Patent. Defendants ship the accused products with preloaded streaming
`
`services (inciuding Internet subscription services) and/or provide detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`35.
`
`Examples of such instructions can be found in the following fink to the
`
`Defendants’ website and the attached Exhibit G:
`
`e
`
`http://www.pioneereiectronics.corn/PUSA/Home/AV—Receivers/EliteiReceivers/SC—
`
`51. (See the “Overview” and “Specifications” tabs. Under the “Specifications” tab,
`
`expand “Handheld and Internet”)
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 8 of 14 Page ID #:200
`
`e
`
`-
`
`://itunes.a
`htt
`
`
`le.com/us/a
`
`licontrolaVZ/id418081365‘?th8
`
`
`
`
`httrng/itunesapplecorn/us/agp/icontroiav2012/id4991 8561817rnt=8
`
`36.
`
`Defendants knew or should have known that their encouragement and instructions
`
`to third parties results in infringement of the ‘694 Patent. Defendants are thus iiabie for inducing
`
`infringement of the ‘694 Patent pursuant to 35 U.S.C. 271(b).
`
`37.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘694 Patent was included Defendants have willfully infringed, directly and/or indirectly, the “6994
`
`Patent by having deliberately engaged in their infringing conduct in knowing disregard of the
`
`‘694 Patent and have acted objectively and subjectively reckless in implementing technology in
`
`their products that they knew or should have reasonabiy known would infringe the ‘694 Patent.
`
`38.
`
`The infringement by the Defendants of the “694 Patent has injured Black Hills
`
`and will cause Black Hilts added irreparabie injury and damage in the future uniess Defendants
`
`are enjoined from infringing the ‘694 Patent.
`
`COUNT IV
`
`INFRINGEMENT OF THE ‘686 PATENT
`
`39.
`
`Plaintiff incorporates each of the preceding paragraphs 1 — 38 as if fully set forth
`
`herein.
`
`40.
`
`Defendants are directly or indirectly infringing at least claims 1, 20, and 29 of the
`
`c686 Patent literatiy, or under the doctrine of equivalents, by importing into the United States,
`
`and/or making, using, seliing, or offering for sale in the United States, including the District of
`
`Delaware, products embodying the patented inventions claimed in the ‘686 Patent without
`
`authority, inciuding but not iirnited to the products identified in preceding paragraph 14, or by
`
`contributing to or inducing infringement of the “686 Patent by a third party.
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 9 of 14 Page ID #:201
`
`41.
`
`At ieast upon the filing of this First Amended Complaint, Defendants are aware of
`
`the ‘686 Patent and their infringement, including third party infringement, thereof.
`
`42.
`
`Defendants’ inducement of infringement of the “686 Patent includes, but is not
`
`iirnited to, actively encouraging and instructing third parties to use Defendants’ products in ways
`
`that infringe the ‘686 Patent. Defendants ship the accused products with pre-loaded streaming
`
`services (including Internet subscription services) and/or provide detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`43.
`
`Exampies of such instructions can be found in the following link to the
`
`Defendants” website and the attached Exhibit G:
`
`o
`
`htt
`
`://www.
`
`ioneerelectronics.corn/PUSA/Home/AV—Receivers/Elite+ReceiverslSC-
`
`5,]. (See the “Overview” and “Specifications” tabs. Under the “Specifications” tab,
`
`expand “Handheld and Internet”)
`
`0
`
`o
`
`httgz/litunes.appleccm/us/apg/icontroiaV2/id4i 8081365?mt=8
`
`hit};://itunes.agpie.com/us/app/icontrolavZO12/id499185618191:11th
`
`44.
`
`Defendants knew or should have known that their encouragement and instructions
`
`to third parties results in infringement of the ‘686 Patent. Defendants are thus iiabie for inducing
`
`infringement of the ‘686 Patent pursuant to 35 U.S.C. 271(b).
`
`45.
`
`Upon information and belief, with the fiiing of this First Amended Complaint,
`
`Defendants have {earned about the ‘686 Patent and are willfully infringing, directly and/0r
`
`indirectly,
`
`the ‘686 Patent by deliberately engaging in their infringing conduct in knowing
`
`disregard of the ‘686 Patent and are acting objectiveiy and subjectively reckless in implementing
`
`technology in their products that they knew or shouid have reasonably known would infringe the
`
`‘686 Patent.
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 10 of 14 Page ID #:202
`
`46.
`
`The infringement by the Defendants of the ‘686 Patent has injured Black Hiils
`
`and will cause Black Hills added irreparable injury and damage in the future unless Defendants
`
`are enjoined from infringing the “686 Patent.
`
`COUNT V
`
`INFRINGEMENT OF THE ‘099 PATENT
`
`47.
`
`Piaintiff incorporates each of the preceding paragraphs 1 ,. 46 as if fishy set forth
`
`herein.
`
`48.
`
`Defendants are directly or indirectly infringing at least claims 11 and 12 of the
`
`‘099 Patent literally, or under the doctrine of equivalents, by importing into the United States,
`
`and/or making, using, selling, or offering for sale in the United States, including the District of
`
`Delaware, products embodying the patented inventions claimed in the ‘099 Patent without
`
`authority, including but not limited to the products identified in preceding paragraph 14, or by
`
`contributing to or inducing infringement of the ‘099 Patent by a third party.
`
`49.
`
`At least upon the filing of this First Amended Complaint, Defendants are aware of
`
`the ‘099 Patent and their infringernent, including third party infringement, thereof.
`
`50.
`
`Defendants’ inducement of infringement of the ‘099 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendants’ products in ways
`
`that infringe the “099 Patent. Defendants ship the accused products with pre—ioaded streaming
`
`services (including Internet subscription services) and/or provide detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`51.
`
`Examples of such instructions can be found in the following link to the
`
`Defendants’ website and the attached Exhibit G:
`
`-
`
`http:llwwwpioneerelectronics.com/PUSA/Horne/AV-Receivers/Elite+ReceiverslSC—
`
`10
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 11 of 14 Page ID #:203
`
`Q. (See the “Overview” and “Specifications” tabs. Under the “Specifications” tab,
`
`expand “Handheld and Internet”)
`
`-
`
`a
`
`http://itunes.angle.com/us/an/icontrolaV2/id4i 8081365?mt=8
`
`http://itunes.apgie.corn/us/app/icontrolaVZOlZ/id499l8561817111th
`
`52.
`
`Defendants knew or should have known that their encouragement and instructions
`
`to third parties results in infringement of the ‘099 Patent. Defendants are thus liable for inducing
`
`infringement of the ‘099 Patent pursuant to 35 U.S.C. 271(b).
`
`53.
`
`Upon information and belief, with the filing of this First Amended Complaint,
`
`Defendants have learned about the “099 Patent and are willfuily infringing, directly and/or
`
`indirectly, the ‘099 Patent by deliberately engaging in their infringing conduct in knowing
`
`disregard of the ‘099 Patent and are acting objectively and subjectively reckless in implementing
`
`technology in their products that they knew or should have reasonably known would infringe the
`
`‘099 Patent.
`
`54.
`
`The infringement by the Defendants of the ‘099 Patent has injured Black Hills
`
`and will cause Black Hiiis added irreparable injury and damage in the future unless Defendants
`
`are enjoined from infringing the ‘099 Patent.
`
`COUNT VI
`
`INFRINGEMENT OF THE ‘873 PATENT
`
`55.
`
`Plaintiff incorporates each of the preceding paragraphs 1 - 54 as if fuliy set forth
`
`herein.
`
`56.
`
`Defendants are directly or indirectly infringing at least claim 1 of the “873 Patent
`
`literally, or under the doctrine of equivalents, by importing into the United States, and/or making,
`
`using, selling, or offering for sale in the United States, including the District of Delaware,
`
`11
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 12 of 14 Page ID #:204
`
`products embodying the patented inventions claimed in the “873 Patent without authority,
`
`including but not limited to the products identified in preceding paragraph 14, or by contributing
`
`to or inducing infringement of the ‘873 Patent by a third party.
`
`57.
`
`At least upon the filing of this First Amended Complaint, Defendants are aware of
`
`the ‘873 Patent and their infringement, including third party infringement, thereof.
`
`58.
`
`Defendants’ inducement of infringement of the ‘873 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendants’ products in ways
`
`that infringe the “873 Patent. Defendants ship the accused products with pre—loaded streaming
`
`services (including lnternet subscription services) and/or provide detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`59.
`
`Examples of such instructions can be found in the following link to the
`
`Defendants’ website and the attached Exhibit G:
`
`:-
`
`http://www.pioneerelectronics.corn/PUSA/Horne/AVwReceivers/Elite+Receivers/SC-
`
`fl. (See the “Overview” and “Specifications” tabs. Under the “Specifications” tab,
`
`expand “Handheld and Internet”)
`
`0
`
`I
`
`http://itunes.apple.corn/us/app/icontroiaVZ/id418081365?mt=:8
`
`http://itunes.apple.corn/us/apg/icontrolavZO12/id499i 856 l 8‘?rnt=-"8
`
`60.
`
`Defendants knew or should have known that their encouragement and instructions
`
`to third parties results in infringement of the ‘873 Patent. Defendants are thus liable for inducing
`
`infringement of the ‘873 Patent pursuant to 35 U.S.C. 271(1)).
`
`61.
`
`Upon information and belief, with the filing of this First Amended Complaint,
`
`Defendants have learned about the ‘873 Patent and are willfully infringing, directly and/or
`
`indirectly,
`
`the “873 Patent by deliberately engaging in their infringing conduct in knowing
`
`12
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 13 of 14 Page ID #:205
`
`disregard of the “873 Patent and are acting objectively and subjectively reckless in impternenting
`
`technology in their products that they knew or should have reasonably known would infringe the
`
`“873 Patent.
`
`62.
`
`The infringement by the Defendants of the “873 Patent has injured Black Hills
`
`and will cause Black Hiils added irreparable injury and damage in the future uniess Defendants
`
`are enjoined from infringing the “873 Patent.
`
`DEMANDS FOR RELIEF
`
`WHEREFORE, Black Hills respectfully requests that judgment be entered in its favor
`
`and against Defendants as foliows:
`
`a.
`
`That Defendants have directly and/or indirectly infringed the “952, “652, “694,
`
`“686, ‘099, and “873 Patents;
`
`b.
`
`That Defendants’ direct and/or indirect infringement of the ‘952, “652, “694, “686,
`
`“099, and “873 i’atents has been wiilfui;
`
`c.
`
`That Defendants and their
`
`respective agents,
`
`servants, officers, directors,
`
`empioyees, and all persons acting in concert with them, directly or indirectiy, be temporarily and
`
`permanently enjoined from infringement of the “952, “652, “694, “686, ‘099, and “873 Patents;
`
`d.
`That Defendants be ordered to account for and pay to Black Hilts the damages to
`which Black Hills is entitled as a consequence of the infringement of the “952, “652, “694, “686,
`
`“099, and. “873 Patents, together with pre—judgment interest and costs;
`
`6.
`
`That a post~judgment equitable accounting of damages be ordered for the period
`
`of infringement of the “952, “652, “694, “686, “099, and “873 Patents;
`
`f.
`
`That all other damages permitted by Title 35 United States Code § 284, including
`
`increased damages up to three times the amount of compensatory damages found be awarded;
`
`i3
`
`

`

`Case 2:13-cv-05980-SJO-PJW Document 3 Filed 09/12/12 Page 14 of 14 Page ID #:206
`
`g.
`
`h.
`
`That Black Hills be awarded its costs and attorneys’ fees; and
`
`That Black Hills be awarded such other and further relief as the Court may deem
`
`just and equitable.
`
`DEMAND FOR TRIAL BY JURY
`
`Black Hills respectfully demands a trial by jury pursuant to Rule 38 of the Federal Rules
`
`of Civil Procedure on any and all issues so triable.
`
`Dated: September 12, 2012
`
`Of Counsel:
`
`R. Terrance Rader
`Glenn E. Forbis
`RADER, FISHMAN & GRAUER PLLC
`39533 Woodward Avenue
`
`Bloomfield Hills, MI 48304
`Tel: (248) 594-0600
`Fax: (248) 594-0610
`
`
`. McGonigle (DE 3126)
`/
`
`"atriciay
`Guerke (DE 4096)
`{
`
`SEITZ, AN OGTROP & GREEN, RA.
`222 Delaware Avenue, Suite 1500
`P. O. Box 68
`
`
`
`Wilmington, DE 19899
`(302) 888-0600
`mo oni rle
`sv law.com
`kguerl<e@svglaw.eom
`
`l4
`
`

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