throbber
Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 1 of 14 Page ID #:193
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`BLACK HILLS MEDIA’ LLC
`
`Civil Action No. 1:i2~cv—00635
`
`Plaintiff,
`
`V.
`
`YAMAHA CORPORATION on AMERICA,
`
`JURY TRIAL DEMAND“)
`
`Defendant.
`
`_l
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Piaintiff Black Hilis Media, LLC (“Black Hiils” or “P1aintift"), for its First Amended
`
`Complaint against Yamaha Corporation of America (“Defendant”), states and alleges as follows:
`
`THE PARTIES
`
`1.
`
`?1aintiff Black Hills Media, LLC, is a Delaware limited liability company having
`
`its principal place of business at 1000 N. West St, Suite 1200, Wiimington, Delaware 19801.
`
`2.
`
`Upon information and belief, Defendant Yamaha Corporation of America is a
`
`California corporation with its principal piece of business at 6600 Orangethorpe Avenue, Buena
`
`Park, California 90620.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, Title 35, United States Code, specifically §§ 271 and 28i—28S. This Court has subject
`
`matter jurisdiction under Title 28 United States Code §§ 1331 and i338(a).
`
`4.
`
`Personal jurisdiction over Defendant cornport with the United States Constitution
`
`and 10 Del. C. § 3104 of the Deiaware Code because Defendant has committed and continues to
`
`#l830vl
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 2 of 14 Page ID #:194
`
`commit acts of patent infringement in this district as aileged in this Compiaint.
`
`5.
`
`Venue is properly within the district under Title 28 United States Code §§
`
`139i(b) and (c) and l400(b).
`
`BACKGROUND
`
`6.
`
`Black Hills owns ali 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”)
`
`(eollectiveiy, the “Patents in Suit”).
`
`7.
`
`The ‘952 Patent entitled “Method and Device for Obtaining Playiist Content Over
`
`a Network” was duly and iegaliy issued by the United States Patent and Trademark Office on
`
`October 25, 2011, after fuil and fair examination. A copy of the ‘952 Patent is attached as
`
`Exhibit A.
`
`8.
`
`The ‘652 Patent entitieci “Method and Device for an Internet Radio Capable of
`
`Obtaining a Playiist Content From a Content Server” was duly and iegally 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.
`
`9.
`
`The ‘694 Patent entitied “Method and System for Providing an Audio Element
`
`Cache in 3 Customized Personal Radio Broadcast” was duiy and legally issued by the United
`
`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.
`
`10.
`
`The ‘686 Patent entitled “Agent-Based On~Li11e Infcrrnation Retrieval and
`
`Viewing System” was duly and legaliy issued by the United States Patent and Trademark Office
`
`on August 22, 2000. A copy of the ‘686 Patent is attached as Exhibit D.
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 3 of 14 Page ID #:195
`
`11.
`
`The ‘099 Patent entitled “System and Method for Sharing Playlists” was duly and
`
`iegally issued by the United States Patent and Trademark Office on July 24, 2012. A copy of the
`
`‘O99 Patent is attached as Exhibit E.
`
`12.
`
`The ‘873 Patent entitled “Method, System, and Cornputer—Readabie Medium for
`
`Employing a First Device to Direct a Networked Audio Device to Render a Piaylist” was duly
`
`and legally issued by the United States Patent and Trademark Office on July 3, 2012. A copy of
`
`the ‘S73 Patent is attached as Exhibit F.
`
`13.
`
`Defendant sells and distributes, including upon information and belief within the
`
`District of Delaware, at least the foliowing ‘AV receivers, networked Blu—ray piayers, Bin-ray
`
`home systems, and home theater systems: RX-A3020, RX-A2020, RX—/K1020, RX-A820, RX~
`
`A720, RXN871, RX~V67i, RXN867, RX—A3010, RX—A2€)l0, RX~A10l0, RX-A810, RX-
`
`A710, RX-A3000, RX—A200€}, RX—Al000, RX—\/673, RX—VS73, RXN473, RX-V2065, RX-
`
`V3900, RX»-Z7, HTR~7065, HTR—4065, RX-V773WA, BD—S67l, li’»D—Al010, BD~A1000, BD~
`
`S673, BD—S473, BD-A1010, BDX-610, BRX—6l0, YHT-897, YHT—797, YHT-697, YHT-597,
`
`NP»-S2000, and YMC—700 (the “accused products”).
`
`COUNT I
`
`INFRINGEMENT OF THE ‘952 PATENT
`
`14.
`
`Plaintiff incorporates each of the preceding paragraphs 1 ~ 13 as if fully set forth
`
`herein.
`
`I5.
`
`Defendant is directly or indirectly infringing at least ciairn 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 Deiaware,
`
`products embodying the patented inventions claimed in the ‘952 Patent without authority,
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 4 of 14 Page ID #:196
`
`including but not limited to the products identified in preceding paragraph 13, or by contributing
`
`to or inducing infringement of the ‘9S2 Patent by a third party.
`
`16.
`
`Upon information and belief, after becoming aware of the ‘952 Patent and its
`
`infringement thereof, Defendant is knowingiy inducing third party infringement of the ‘952
`
`Patent.
`
`17.
`
`Defendantsinducement of infringement of the ‘952 Patent inciudes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘952 Patent. Defendant ships the accused products with preloaded streaming
`
`services (inciuding Enternet subscription services) and/or provides detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`18.
`
`Examples of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit C}:
`
`0
`
`httg://usayamaha.ggrrgprcducts/audio-visuai/aventage/rx-a1000 black
`
`11/
`
`(select the “Technoiogy” tab)
`
`0
`
`lM;ttp:_//dowitiqadgyraniaha.cont/searchjqgroduct/?lgng_uagef_en&sitemusa.yamaha.co
`
`m&category idm16622&product id=l07l837
`
`-
`
`19.
`
`h_ttp://ituitemgagple.coin/wtggappficty-controller~us/id467496375?intw8
`Defendant knew or should have known that its encouragement and instructions to
`
`third parties results in infringement of the ‘952 Patent. Defendant is thus liable for inducing
`
`infringement of the ‘9S2 Patent pursuant to 35 U.S.C. 27l(b).
`
`20.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘952 Patent was inciuded Defendant has wiilfuily infringed, directiy and/or indirectly, the ‘952
`
`Patent by having deliberately engaged in its infringing conduct in knowing disregard of the ‘952
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 5 of 14 Page ID #:197
`
`Patent and has acted objectively and subjectively reckless in implementing technology in its
`
`products that it knew or should have reasonably known would infringe the ‘952 Patent.
`21.
`The infringernent by the Defendant of the ‘952 Patent has injured Black Hills and
`
`will cause Black Hills added irreparable injury and damage in the future unless Defendant is
`
`enjoined from infringing the ‘952 Patent.
`
`COUNT II
`
`INFRINGEMENT OF THE ‘652 PATENT
`
`22.
`
`Plaintiff incorporates each of the preceding paragraphs 1 — 21 as if fully set forth
`
`herein.
`
`23.
`
`Defendant is directly or indirectly infringing at least claims l, 21, and 42 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 saie 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 13, or by
`
`contributing to or inducing infringement of the ‘652 Patent by a third party.
`
`24.
`
`Upon information and belief, after becoming aware of the ‘6S2 Patent and its
`
`infringement thereof, Defendant is knowingly inducing third party infringement of the ‘652
`
`Patent.
`
`25.
`
`Defendant’s inducement of infringement of the ‘652 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘652 Patent. Defendant ships the accused products with pre-loaded streaming
`
`services (inciuding Internet subscription services) and/or provides detaiied instructions to third
`
`parties on how to download streaming services to the accused products.
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 6 of 14 Page ID #:198
`
`26.
`
`Examples of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`-
`
`http://usayamaha.coin/products/audio-visual/aventage/rx«a1000 black
`
`uf
`
`(seiect the “Technology” tab)
`
`s
`
`httg://downloadyamaha.corn/search/groduct/‘?language“"—=en&site=usa.ya1naha.co
`
`rn&category id=l6622&product idmlO7l837
`
`0
`
`http://itunesangle.coin/us/agp/av-controlieruus/i<i467496375?rntw8
`
`27.
`
`Defendant knew or should haye known that its encouragement and instructions to
`
`third parties results in infringement of the ‘652 Patent. Defendant is thus liable for inducing
`
`infringement of the ‘6S2 Patent pursuant to 35 U.S.C. 27103).
`
`28.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘6S2 Patent was included Defendant has willfully infringed, directly and/or indirectly, the ‘652
`
`Patent by having cieliberateiy engaged in its infringing conduct in knowing disregard of the ‘652
`
`Patent and has acted objectively and subjectively reckiess in irnplernenting technology in its
`
`products that it knew or shouid have reasonably known would infringe the ‘652 Patent.
`
`29.
`
`The infringernent by the Defendant of the ‘652 Patent has injured Black Hills and
`
`wiil cause Black Hills added irreparable injury and damage in the future unless Defendant is
`
`enjoined from infringing the ‘652 Patent.
`
`COUNT III
`
`INFRINGEMENT OF THE ‘694 PATENT
`
`30.
`
`Plaintiff incorporates each of the preceding paragraphs 1 ~ 29 as if fuily set forth
`
`herein.
`
`31.
`
`Defendant is directly or indirectly infringing at least claim 1 of the ‘694 Patent
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 7 of 14 Page ID #:199
`
`iiteraily, or under the doctrine of equivaients, 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 ‘694 Patent without authority,
`
`including but not limited to the products identified in preceding paragraph 13, or by contributing
`
`to or inducing infringement of the ‘694 Patent by a third party.
`
`32.
`
`Upon information and belief, after becoming aware of the ‘694 Patent and its
`
`infringement thereof, Defendant is knowingly inducing third party infringement of the ‘694
`
`Patent.
`
`33.
`
`Defendant’s inducement of infringement of the ‘694 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘694 Patent. Defendant ships the accused products with preloaded streaming
`
`services (inciuding Internet subscription services) and/or provides detaiied instructions to third
`
`parties on how to download streaming services to the accused products.
`
`34.
`
`Examples of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`0
`
`httg://usa.yaniaha.corn/products/audio—visual/aventage/rx~aI.000 biack
`
`u/
`
`(select the “Technology” tab)
`
`0 Lttp://dovvnlggdgyamaha.corn/search/_g;g)duct/?iangua,g<~§en&siteeusa.y§.r;raha.co
`
`rn&category id"~=16622&product
`
`id"“—" 1 O7 1 837
`
`1»
`
`httg://itunes.app1e.coin/usfap_p/av-contro11er-us/id46749637S?rnt=“-8
`
`35.
`
`Defendant knew or should have known that its encouragement and instructions to
`
`third parties results in infringement of the ‘694 Patent. Defendant is thus liable for inducing
`
`infringement of the ‘694 Patent pursuant to 35 U.S.C. 271(b).
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 8 of 14 Page ID #:200
`
`36.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘694 Patent was included Defendant has willfully infringed, directly and/or indirectly, the ‘694
`
`Patent by having deliberately engaged in its infringing conduct in knowing disregard of the ‘694
`
`Patent and has acted objectively and subjectively reckless in implementing technology in its
`
`products that it knew or should have reasonably known would infringe the ‘694 Patent.
`
`37.
`
`The infringement by the Defendant of the ‘694 Patent has injured Black Hills and
`
`will cause Black Hills added irreparable injury and damage in the future unless Defendant is
`
`enjoined from infringing the ‘694 Patent.
`
`COUNT IV
`
`INFRINGEMENT OF THE ‘686 PATENT
`
`38.
`
`Plaintiff incorporates each of the preceding paragraphs 1 — 37 as if fully set forth
`
`herein.
`
`39.
`
`Defendant is directiy or indirectly infringing at least claims 1, 20, and 29 of the
`
`‘686 Patent literally, or under the doctrine of equivalents, by irnporting 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 ‘686 Patent without
`
`authority, including but not limited to the products identified in preceding paragraph 13, or by
`
`contributing to or inducing infringement of the ‘686 Patent by a third party.
`
`40.
`
`At least upon the filing of this First Amended Complaint, Defendant is aware of
`
`the ‘686 Patent and its infringement, including third party infringement, thereof.
`
`41.
`
`Defendanfs inducement of infringement of the ‘686 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘686 Patent. Defendant ships the accused products with preloaded streaming
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 9 of 14 Page ID #:201
`
`services (including Internet subscription services) and/or provides detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`42.
`
`Examples of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`0
`
`http1//usayarnaha.corn/Mgrgducts/audio—visual/aventage/rx~al00Q__lglacl<
`
`u/
`
`(select the “Technology” tab)
`
`0
`
`http2//downloadyainaha.corn/search/product/?language“een&site=usa.yarnaliaeo
`
`rn&category id~=i 6622&Qi:oduct
`
`id= I 071 837
`
`0
`
`http://itunes.apple.com/usfirgp/av~controller—us/id467496375?nit=8
`
`43.
`
`Defendant knew or should have known that its encouragement and instructions to
`
`third parties results in infringement of the ‘686 Patent. Defendant is thus liable for inducing
`
`infringement of the ‘686 Patent pursuant to 35 U.S.C. 2”/’l(b).
`
`44.
`
`Upon information and belief, with the filing of this First Amended Complaint,
`
`Defendant has learned about the ‘686 Patent and is willfully infringing, directly and/or indirectly,
`
`the ‘686 Patent by deliberately engaging in its infringing conduct in knowing disregard of the
`‘686 Patent and is acting objectiveiy and subjectively reckless in implementing technology in its
`
`products that it lcnew or should have reasonably known wouid infringe the ‘686 Patent.
`
`45.
`
`The infringement by the Defendant of the ‘686 Patent has injured Black Hills and
`
`will cause Black Hills added irreparable injury and damage in the future unless Defendant is
`
`enjoined from infringing the ‘686 Patent.
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 10 of 14 Page ID #2202
`
`COUNT V
`
`INFRINGEMENT OF THE ‘099 PATENT
`
`46.
`
`Plaintiff incorporates each of the preceding paragraphs 1 — 45 as if fully set forth
`
`herein.
`
`47.
`
`Defendant is directly or indirectly infringing at least claims El and 12 of the ‘O99
`
`Patent iiteraily, 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 ciairned in the ‘099 Patent without
`
`authority, inciuding but not iirnited to the products identified in preceding paragraph 13, or by
`
`contributing to or inducing infringement of the ‘099 Patent by a third party.
`
`48.
`
`At least upon the fiiing of this First Amended Complaint, Defendant is aware of
`
`the ‘U99 Patent and its infringement, including third party infringement, thereof.
`
`49.
`
`Defendant’s inducement of infringement of the ‘D99 Patent includes, but is not
`
`limited. to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘G99 Patent. Defendant ships the accused products with preloaded streaming
`
`services (including Internet subscription services) and/or provides detailed instructions to third
`
`parties on how to downioad streaming services to the accused products.
`
`50.
`
`Examples of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`0
`
`http_:/_/usfirnaha.co_rL/products/audio-visual/avengage/rx-at00_Q_j_J1aglg___u1
`
`(select the “Technology” tab)
`
`I
`
`ht,tp:_/[downloa_c_l_.y_ainaha.com/seag9_hjprod.uct/?language=en&site*wusa.yarnahaco
`
`ni&category id:16622&product__i_c_i“=l€i71 837
`
`10
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 11 of 14 Page ID #2203
`
`0
`
`h.tt ://itunesa
`
`
`le.com/us/a
`
`/av-controllenus/id467496375?mtW8
`
`
`
`
`51.
`
`Defendant knew or should have known that its encouragement and instructions to
`
`third parties results in infringement of the ‘099 Patent. Defendant is thus liable for inducing
`
`inlfringernent of the ‘099 ?atent pursuant to 35 U.S.C. 2’/‘l(b).
`
`52.
`
`Upon information and belief, with the tiling of this First Amended Complaint,
`
`Defendant has learned about the ‘099 Patent and is wiilfuliy infringing, directly and/or indirectiy,
`
`the ‘099 Patent by deliberately engaging in its infringing conduct in knowing disregard of the
`
`‘099 Patent and is acting objectively and subjectively reckless in implementing technology in its
`
`products that it knew or should have reasonably known would infringe the ‘099 Patent.
`
`53.
`
`The infringement by the Defendant of the ‘099 Patent has injured Black Hilts and
`
`will cause Black Hilis added irreparable injury and damage in the future unless Defendant is
`
`enjoined from infringing the ‘099 Patent.
`
`COUNT VI
`
`INFRINGEMENT OF THE ‘873 PATENT
`
`54.
`
`Plaintiff incorporates each of the preceding paragraphs 1 — 53 as if fully set forth
`
`herein.
`
`55.
`
`Defendant is directly or indirectly infringing at ieast claim 1 of the ‘873 Patent
`
`literaliy, 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, inchiding the District of Deiaware,
`
`products embodying the patented inventions ciairned in the ‘S73 Patent without authority,
`including but not limited to the products identified in preceding paragraph 13, or by contributing
`
`to or inducing infringement of the ‘873 Patent by a third party.
`
`56.
`
`At least upon the filing of this First Amended Complaint, Defendant is aware of
`
`11
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 12 of 14 Page ID #2204
`
`the ‘ 873 Patent and its infringement, including third party infringement, thereof.
`
`57.
`
`Defendant's inducement of infringement of the ‘873 Patent includes, but is not
`
`limited to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘873 Patent. Defendant ships the accused products with pre-loaded streaming
`
`services (including Internet subscription services) and/or provides detailed instructions to third
`
`parties on how to download streaming services to the accused products.
`
`58.
`
`Exainpies of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`0
`
`http://usayainaha.com/products/audio-visuai/avengge/rx—al00O__l;laclg_____u/
`
`(select the “Technology” tab)
`
`htt
`
`
`://download. aniaha.com/search/ roduc
`
`t/‘?lan ua e*en&site“"—=usa. arnahaco
`
`
`
`
`
`
`rn&category id==16622&produ.ct id=i071837
`
`0
`
`http://itunes.agpie.corn/us/app/aV—control1er—us/id467-496375‘?mt=8
`
`59.
`
`Defendant knew or should have known that its encouragement and instructions to
`
`third parties results in infringement of the ‘873 Patent. Defendant is thus liable for inducing
`
`infringement of the ‘S73 Patent pursuant to 35 U.S.C. 27i(b).
`
`60.
`
`Upon information and belief, with the filing of this First Amended Complaint,
`
`Defendant has learned about the ‘873 Patent and is willfully infringing, directly and/or indirectly,
`
`the ‘S73 Patent by deliberately engaging in its infringing conduct in knowing disregard of the
`
`‘S73 Patent and is acting objectively and subjectively reckiess in implementing technology in its
`
`products that it knew or should have reasonably known would infringe the ‘873 Patent.
`
`61.
`
`The infringement by the Defendant of the ‘873 Patent has injured Black Hills and
`
`will cause Black Hills added irreparable injury and damage in the future unless Defendant is
`
`12
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 13 of 14 Page ID #2205
`
`enjoined from infringing the ‘S73 Patent.
`
`DEMANDS FOR RELIEF
`
`WHBREFORE, Black Hills respectfully requests that judgment be entered in its favor
`
`and against Defendant as foilows:
`
`a.
`
`That Defendant has directiy and/or indirectly infringed the ‘952, ‘652, ‘694, ‘686,
`
`‘099, and ‘873 Patents;
`
`b.
`
`That Defendanfs direct and/or indirect infringement of the ‘952, ‘652, ‘694, ‘686,
`
`‘099, and ‘873 Patents has been willful;
`
`c.
`
`That Defendant and their
`
`respective agents,
`
`servants, officers, directors,
`
`employees, and all persons acting in concert with them, directly or indirectly, be temporarily and
`
`permanently enjoined from infringement of the ‘952, ‘652, ‘694, ‘686, ‘099, and ‘873 Patents;
`
`d.
`
`That Defendant be ordered to account for and pay to Black Hills the damages to
`
`which Biack Hills is entitled as a consequence of the infringement of the ‘952, ‘652, ‘694, ‘686,
`
`‘099, and ‘873 Patents, together with pre—judgrnent interest and costs;
`
`e.
`
`That a postjudgment 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;
`
`g.
`
`ii.
`
`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 equitaioie.
`
`i3
`
`

`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 14 of 14 Page ID #2206
`
`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
`
`
`
`onigle (DE 3126)
`
`Ice (DE 4096)
`
`OGTROP & GREEN, P.A.
`222 Delaware Avenue, Suite 1500
`P. O. Box 68
`Wilmington, DE E9899
`(302) 888~0600
`pmcgonigle§a)svglaw.com
`l«:gue1'ke@svglaW.com

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket