Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 1 of 14 Page ID #:193
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`
`"“1
`
`BLACK HILLS MEDIA’ LLC
`
`Plaintiff,
`
`V.
`
`YAMAHA CORPORATION 03? AMERICA,
`
`Defendant.
`
`
`
`_l
`
`Civil Action No. lzi2~cvn00635
`
`JURY TRIAL DEMANDED
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Piaintiff Black Hills Media, LLC (“Black Hills” or “Plaintift"), for its First Amended
`
`Complaint against Yamaha Corporation of America (“Defendant”), states and alleges as follows:
`
`W
`
`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 Yamaha Corporation of America is a
`
`California corporation with its principal place 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—285. This Court has subject
`
`matter jurisdiction under Title 28 United States Code §§ 1331 and 1338(a).
`
`4.
`
`Personal jurisdiction over Defendant comport with the United States Constitution
`
`and 10 Del. C. § 3104 of the Delaware Code because Defendant has committed and continues to
`
`#1830vl
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`
`"“1
`
`BLACK HILLS MEDIA’ LLC
`
`Plaintiff,
`
`V.
`
`YAMAHA CORPORATION 03? AMERICA,
`
`Defendant.
`
`
`
`_l
`
`Civil Action No. lzi2~cvn00635
`
`JURY TRIAL DEMANDED
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Piaintiff Black Hills Media, LLC (“Black Hills” or “Plaintift"), for its First Amended
`
`Complaint against Yamaha Corporation of America (“Defendant”), states and alleges as follows:
`
`W
`
`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 Yamaha Corporation of America is a
`
`California corporation with its principal place 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—285. This Court has subject
`
`matter jurisdiction under Title 28 United States Code §§ 1331 and 1338(a).
`
`4.
`
`Personal jurisdiction over Defendant comport with the United States Constitution
`
`and 10 Del. C. § 3104 of the Delaware Code because Defendant has committed and continues to
`
`#1830vl
`
`
`
`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 property within the district under Title 28 United States Code §§
`
`1391(b) and (c) and 1400(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”)
`
`(collectiveiy, the “Patents in Suit”).
`
`7.
`
`The ‘952 Patent entitled “Method and Device for Obtaining Piayiist Content Over
`
`a Network” was duly and iegaliy issued by the United States Patent and Trademark Office on
`
`October 25, 2011, after fail and fair examination. A copy of the ‘952 Patent is attached as
`
`Exhibit A.
`
`8.
`
`The ‘652 Patent entitied “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 a Customized Personal Radio Broadcast” was duiy and legaliy 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~Line Infotmation 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
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`11.
`
`The ‘099 Patent entitied “System and Method for Sharing Playlists” was duly and
`
`iegaily issued by the United States Patent and Trademark Office on July 24, 2012. A copy of the
`
`‘099 Patent is attached as Exhibit E.
`
`12.
`
`The ‘873 Patent entitled “Method, System, and Computer—Readable Medium for
`
`Employing a First Device to Direct a Networked Audio Device to Render a Piaylist” was duly
`
`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.
`
`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—AlOZG, RX-A820, RX~
`
`A720, RXuV871, RX—V67i, RX-V867, RX—A3010, RX—AZOIO, RX~A1010, RX~A810, RX—
`
`A710, RX-A3000, RX-AZOOG, RX—AIOOO, RX—V673, RX—VS73, RXuV473, RX-V2065, RX-
`
`V3900, RX~Z7, I—ITRJO‘SS, HTR—4065, RX-V773WA, BD—Sofl, DD—AIOIO, BDuAlOOO, BD—
`
`8673, BD—S473, BD-AEOIO, BDX-olO, BRX—610, YEW-897, YHT~797, YHT-697, YEN-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.
`
`15.
`
`Defendant is directly or indirectly infringing at ieast 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
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`including but not limited to the products identified in preceding paragraph 13, or by contributing
`
`to or inducing infringement of the “952 Patent by a third party.
`
`16.
`
`Upon information and belief, after becoming aware of the ‘952 Patent and its
`
`infringement thereof, Defendant is knowineg inducing third party infringement of the ‘952
`
`Patent.
`
`17.
`
`Defendant’srinducement of infringement of the c952 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 internet 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 G:
`
`0
`
`http://usa.yamaha.Wroducts/audio—visuaE/aventage/rx-ai000 black
`
`11/
`
`(select the “Technoiogy” tab)
`
`-
`
`httpj/dowrrigadyamaha.cont/searcmoductmggiguagefiendesiteflusayamahaeo
`
`m&category id316622&product id=1071837
`
`-
`
`l9.
`
`h_ttpz/fituiiwle.cormpisjgppficty-controllenus/idfii67496375?mtm8
`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 ‘952 Patent pursuant to 35 U.S.C. 271(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
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`Patent and has acted objectively and subjectively reckless in implementing technology in its
`
`products that it knew or should have reasonably known wouid infringe the “952 Patent.
`21.
`The infringement by the Defendant of the c952 Patent has injured Black Hills and
`
`will cause Black Hills added irreparabie injury and damage in the future unless Defendant is
`
`enjoined from infringing the ‘952 Patent.
`
`W
`
`INFRINGEMENT OF THE ‘652 PATENT
`
`22.
`
`Plaintiff incorporates each of the preceding paragraphs 1 — 21 as if fuily set forth
`
`herein.
`
`23.
`
`Defendant is directly or indirectly infringing at ieast ciairns 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 sate in the United States, including the District of
`
`Delaware, products embodying the patented inventions claimed in the “6522 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 ‘652 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:
`
`o
`
`httpzl/usayarnaha.corn/products/audio-visual/aventage/rx~al000 black
`
`of
`
`(select the “Technoiogy” tab)
`
`6
`
`http://download.yarnaha.com/search/groduct/?languagetendzsitemusayamahaeo
`
`m&category id=16622&nroduct idmlO71837
`
`o
`
`
`http://itunes.aople.corn/us/agp/av~controlieruus/id467496375‘?th8
`
`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 ‘652 Patent pursuant to 35 U.S.C. 271(b).
`
`28.
`
`Upon information and belief, since the filing of the First Complaint in which the
`
`‘652 Patent was included Defendant has willfully infringed, directly and/or indirectly, the ‘652
`
`Patth by having deliberately engaged in its infringing conduct in knowing disregard of the “652
`
`Patent and has acted objectively and subjectively reckless in implementing technology in its
`
`products that it knew or shouid have reasonably known would infringe the ‘652 Patent.
`
`29.
`
`The infringement by the Defendant of the ‘652 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 ‘652 Patent.
`
`COUNT III
`
`INFRINGEMENT OF THE ‘694 PATENT
`
`30.
`
`Plaintiff incorporates each of the preceding paragraphs 1 ~ 29 as if fully 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
`
`iimited 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 pro-loaded streaming
`
`services (inciuding internet subscription services) and/or provides detailed 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:
`
`o
`
`httgz/fusa.yamaha.corn/products/audio—visual/aventage/rx~ai.000 biack
`
`u]
`
`(select the “Technology” tab)
`
`0
`
`http://download.yarnaha.com/search/mduct/Cdgnguage=en&sitewzsamahaco
`
`m&category id=16622&product id2107 i 837
`
`o
`
`http://itunes.apple.corn/usfapp/av-controiler-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
`
`G694 Patent was inciuded 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 iiteraiiy, 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 ‘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.
`
`Defendant’s 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 he found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`c
`
`http://usa.yarnaha.coWmducts/audio—visual/aventage/rxuai00_0__l_31acl< u/
`
`(select the “Technology” tab)
`http:l/download.ya1naha.corn/search/product/‘2languageflen&site$usa.yarnahaeo
`
`0
`
`m&category ide16622&groduct id=1071 837
`
`0
`
`http:l/itunes.appie.com/us/app/av~controlier—us/id467496375?rnt: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. 271(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 knew or should have reasonably known wouid infringe the ‘686 Patent.
`
`45.
`
`The infringement by the Defendant of the ‘686 i’atent has injured Biack 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 #:202
`
`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 i1 and 12 of the “099
`
`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 claimed in the ‘099 Patent without
`
`authority, including but not iimited 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 ‘099 Patent and its infringement, including third party infringement, thereof.
`
`49.
`
`Defendant’s inducement of infringement of the ‘099 Patent includes, but is not
`
`iirnited. to, actively encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘099 Patent. Defendant ships the accused products with pro—loaded streaming
`
`services (inciuding 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:
`
`-
`
`httng/usagygmaha.coflproducts/audio-visual/aventage/rx—aiOOMIaM
`
`(select the “Technology” tab)
`
`I
`
`httpildownloadiamaha.com/seaIQLquroducU?language=en&site~"~"wusa.yama'haco
`
`in&category id:16622&productwi_c_in=1071837
`
`10
`
`
`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 11 of 14 Page ID #:203
`
`o
`
`htt
`
`
`
`://itunes.a
`
`lecom/us/a
`
`/av—controller—
`
`
`us/id4674963757mt38
`
`
`
`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 iiabie for inducing
`
`infringement of the “099 Patent pursuant to 35 U.S.C. 271(b).
`
`52.
`
`Upon information and belief, with the filing of this First Amended Complaint,
`
`Defendant has learned about the ‘099 Patent and is willfully 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.
`
`flaintiff 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 equivaients, by importing into the United States, and/or making,
`
`using, seliing, or offering for sale in the United States, inciuding the District of Deiaware,
`
`products embodying the patented inventions ciairned in the “873 Patent without authority,
`including but not iimited 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
`
`1}
`
`
`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 12 of 14 Page ID #:204
`
`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
`
`iimited to, activeiy encouraging and instructing third parties to use Defendant’s products in ways
`
`that infringe the ‘873 Patent. Defendant ships the accused products with pre-ioaded 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.
`
`Exampies of such instructions can be found in the following links to the
`
`Defendant’s website and the attached Exhibit G:
`
`o
`
`http://usa.yamaha.com/products/audio~visual/avegt_age/rx~alOOOilaclguwu/
`
`(select the “Technology” tab)
`
`htt
`
`
`
`:I/download. arnahacom/search/ roduc
`
`
`t/‘?lan ua e5en&site2usa. arnahaco
`
`
`
`
`rn&category id=16622&product id=1071837
`
`-
`
`
`http://itunesapp}e.com/us/app/av—controller—us/id467496375‘?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 “873 Patent pursuant to 35 U.S.C. 271(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 ‘873 Patent by deliberately engaging in its infringing conduct in knowing disregard of the
`
`‘873 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 ‘873 Patent.
`
`61.
`
`The infringement by the Defendant of the “8773 Patent has injured Biack 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 #:205
`
`enjoined from infringing the ‘873 Patent.
`
`DEMANDS FOR RELIEF
`
`WHEREFORE, Black Hills respectfully requests that judgment be entered in its favor
`
`and against Defendant as foilows:
`
`a.
`
`That Defendant has directiy and/0r indirectly infringed the “952, “652, “694, “686,
`
`“099, and ‘873 Patents;
`
`b.
`
`That Defendant’s direct and/or indirect infringement of the ‘952, ‘652, ‘694, “686,
`
`‘099, and ‘873 Patents has been wiilfiii;
`
`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 Black Hills is entitled as a consequence of the infringement of the ‘952, ‘652, “694, ‘686,
`
`“099, and “873 Patents, together with pro—judgment interest and costs;
`
`e.
`
`That a postvjudgrnent 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, inciuding
`
`increased damages up to three times the amount of compensatory damages found be awarded;
`
`g.
`
`h.
`
`That Black Hills be awarded its costs and attorneys’ fees; and
`
`That Btack Hills be awarded such other and further relief as the Court may deem
`
`just and equitabie.
`
`i3
`
`
`
`Case 2:13-cv-06054-SJO-PJW Document 3 Filed 09/12/12 Page 14 of 14 Page ID #:206
`
`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 tria‘ole.
`
`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
`
`
`
`
`
`Pa icia P. M onigle (DE 3126)
`evin A. G
`ke (DE 4096)
`SEITZ, VA OGTROP & GREEN, PA.
`222 Delaware Avenue, Suite 1500
`P. O. Box 68
`Wilmington, DE 19899
`(302) 888~0600
`pmcgoniglegagsvglaweom
`kguel'ke@svglaw.com
`
`-
`
`14
`
`
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