THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`
`C.A. No. ____________
`
`JURY TRIAL DEMANDED
`
`WASICA FINANCE GMBH AND
`BLUEARC FINANCE AG,
`
`
`
`
`Plaintiffs,
`
`v.
`
`
`CONTINENTAL AUTOMOTIVE SYSTEMS
`U.S., INC.,
`
`
`Defendant.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs, Wasica Finance GmbH and BlueArc Finance AG file this Complaint and
`
`demand for jury trial seeking relief for patent infringement by the Defendant, Continental
`
`Automotive Systems U.S., Inc. Plaintiffs state and allege the following:
`
`BACKGROUND
`
`1.
`
`Wasica Finance GmbH is a Swiss company with a place of business at
`
`Schwanderstrasse 27, 6063 Stalden, Switzerland. Mr. Karl Leemann is the primary owner of
`
`Wasica Finance GmbH.
`
`2.
`
`BlueArc Finance AG is a Swiss company with a place of business at
`
`Schwanderstrasse 27, 6063 Stalden, Switzerland. Mr. Heinz Ruchti is the primary owner of
`
`BlueArc Finance AG.
`
`3. During the early 1990s, Mr. Leeman and Mr. Ruchti owned Uwatec AG, a Swiss
`
`company in the business of manufacturing and selling scuba diving products. During that time,
`
`Uwatec engaged Mr. Markus Mock and Mr. Ernst Völlm to develop technology for the scuba
`
`diving business. While working on that assignment, Messrs. Mock and Völlm conceived of an
`
`
`
`
`
`
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`
`C.A. No. ____________
`
`JURY TRIAL DEMANDED
`
`WASICA FINANCE GMBH AND
`BLUEARC FINANCE AG,
`
`
`
`
`Plaintiffs,
`
`v.
`
`
`CONTINENTAL AUTOMOTIVE SYSTEMS
`U.S., INC.,
`
`
`Defendant.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs, Wasica Finance GmbH and BlueArc Finance AG file this Complaint and
`
`demand for jury trial seeking relief for patent infringement by the Defendant, Continental
`
`Automotive Systems U.S., Inc. Plaintiffs state and allege the following:
`
`BACKGROUND
`
`1.
`
`Wasica Finance GmbH is a Swiss company with a place of business at
`
`Schwanderstrasse 27, 6063 Stalden, Switzerland. Mr. Karl Leemann is the primary owner of
`
`Wasica Finance GmbH.
`
`2.
`
`BlueArc Finance AG is a Swiss company with a place of business at
`
`Schwanderstrasse 27, 6063 Stalden, Switzerland. Mr. Heinz Ruchti is the primary owner of
`
`BlueArc Finance AG.
`
`3. During the early 1990s, Mr. Leeman and Mr. Ruchti owned Uwatec AG, a Swiss
`
`company in the business of manufacturing and selling scuba diving products. During that time,
`
`Uwatec engaged Mr. Markus Mock and Mr. Ernst Völlm to develop technology for the scuba
`
`diving business. While working on that assignment, Messrs. Mock and Völlm conceived of an
`
`
`
`
`
`
`
`Invention relating to monitoring the air-pressure in pneumatic tires on vehicle wheels. Mr. Mock
`
`and Mr. Völlm assigned their patent rights in the Invention to Uwatec AG, which applied for
`
`patents on the Invention in multiple jurisdictions including the United States. On February 11,
`
`1997, the U.S. Patent and Trademark Office issued U.S. Patent No. 5,602,524 to Messrs. Mock
`
`and Völlm for the Invention. Later, Messrs. Leeman and Ruchti sold Uwatec AG. As part of that
`
`transaction, the patent rights to the Invention were assigned to Messrs. Leeman and Ruchti.
`
`Messrs. Leeman and Ruchti formed Wasica Finance GmbH and BlueArc Finance AG to own
`
`and hold their respective patent rights in the Invention, including the ‘524 patent.
`
`4.
`
`On information and belief, Defendant Continental Automotive Systems U.S., Inc.
`
`is a corporation organized and existing under the laws of the state of Delaware, with its principal
`
`place of business located at 1 Continental Drive, Auburn Hills, Michigan 48236
`
`5.
`
`On information and belief, Continental is a major manufacturer and seller of tire
`
`pressure monitoring systems. Continental sells its tire pressure monitoring sensors and
`
`equipment in both the OEM and Aftermarket channels.
`
`JURISDICTION AND VENUE
`
`6.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1 et seq. This Court has subject matter jurisdiction pursuant to
`
`28 U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`This Court has personal jurisdiction over Continental because it regularly
`
`conducts business in the State of Delaware and therefore has substantial and continuous contacts
`
`within this judicial district; because it has purposefully availed itself to the privileges of
`
`conducting business in this judicial district; and/or because it has committed acts of patent
`
`infringement in this judicial district.
`
`2
`
`
`
`
`8.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and
`
`1400(b).
`
`9.
`
`On information and belief, Continental has placed infringing products into the
`
`stream of commerce by shipping those products into this judicial district and/or by knowing that
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`such products would be shipped into this judicial district. On information and belief,
`
`Continental’s established distribution network distributes accused products directly into this
`
`judicial district.
`
`COUNT I
`(Patent Infringement)
`
`10.
`
`11.
`
`Plaintiffs restate and reallege the preceding paragraphs of this Complaint.
`
`On February 11, 1997, United States Patent No. 5,602,524 (“the ‘524 patent”)
`
`entitled “Device for Monitoring and the Air-Pressure in Pneumatic Tires Fitted on Vehicle
`
`Wheels” was duly and legally issued by the United States Patent and Trademark Office.
`
`Plaintiffs owns the ‘524 patent by assignment. A true and correct copy of the ‘524 patent is
`
`attached as Exhibit A.
`
`12.
`
` The ‘524 patent relates to tire pressure monitoring systems (“TPMS”) used to
`
`monitor the pressure in automobiles and other vehicles. Low tire pressure can lead to tire failure,
`
`often a tire blow-out, that poses serious danger to vehicles and their occupants. In addition, low
`
`tire pressure can result in increased fuel consumption and shortened tire life. As a result,
`
`Congress has mandated that all passenger vehicles weighing less than 10,000 pounds be
`
`equipped with a TPMS to warn drivers of under-inflated tires.
`
`13.
`
`Continental is a major manufacturer and seller of TPMS equipment in the United
`
`States.
`
`14.
`
`On information and belief, Continental has knowledge of the ‘524 patent.
`
`3
`
`
`
`
`15.
`
`On information and belief, Continental has been and is actively inducing others to
`
`infringe and/or contributing to the infringement of the ‘524 patent in violation of 35 U.S.C. § 271
`
`in the United States.
`
`16.
`
`Plaintiffs have been and continue to be damaged as the result of Continental’s
`
`infringement.
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs respectfully requests that this Court:
`
`(1)
`
`(2)
`
`Enter judgment that Continental has infringed the ‘524 patent;
`
`Enter an order permanently enjoining Continental and its officers, agents,
`
`employees, attorneys, and all persons in active concert or participation with any of them, from
`
`infringing the ‘524 patent;
`
`(3)
`
`Award Plaintiffs damages in an amount sufficient to compensate it for
`
`Continental’s infringement of the ‘524 patent, together with pre-judgment and post-judgment
`
`interest and costs, and all other damages permitted under 35 U.S.C. § 284;
`
`(4)
`
`Award Plaintiffs an accounting for acts of infringement not presented at trial and
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`an award by the Court of additional damage for any such acts of infringement; and
`
`(75 Award Plaintiffs such other and further relief as this Court deems just and proper.
`
`JURY TRIAL DEMAND
`
`Plaintiffs demand a jury trial on all issues so triable.
`
`
`
`
`
`4
`
`
`
`
`Dated: July 30, 2013
`
`FISH & RICHARDSON P.C.
`
`
`
`By: /s/ Thomas L. Halkowski
`
`Thomas L. Halkowski (#4099)
`222 Delaware Avenue, 17th Floor
`P.O. Box 1114
`Wilmington, DE 19899-1114
`(302) 778-8407 Telephone
`(302) 652-0607 Facsimile
`
`Of Counsel:
`
`Michael J. Kane
`Jason M. Zucchi
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(612) 335-5070 Telephone
`(612) 288-9696 Facsimile
`
`Attorneys for Plaintiffs
`Wasica Finance GmbH and
`BlueArc Finance AG
`
`5
`
`
`
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