Case: 4:13—CV—01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 1 of 17 PagelD #: 1
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MISSOURI
`EASTERN DIVISION
`
`CASE NO. ;
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`
`§ § §
`
`NIDEC MOTOR CORPORATION
`Plaintiff,
`
`v.
`
`BROAD OCEAN MOTOR LLC,
`BROAD OCEAN TECHNOLOGIES,
`LLC, and
`ZHONGSHAN BROAD OCEAN
`
`MOTOR CO., LTD.
`
`Defendants.
`
`ORIGINAL COMPLAINT
`
`Plaintiff Nidec Motor Corporation (“Nidec Motor”),
`
`through its attorneys, files this
`
`complaint against Defendants, Broad Ocean Motor LLC, Broad Ocean Technoiogies, LLC, and
`
`Zhongshan Broad Ocean Motor CO., Ltd. (collectively, “Broad Ocean”) and hereby alleges as
`
`follows:
`
`PARTIES
`
`1.
`
`Plaintiff Nidec Motor is a corporation organized and existing under the laws of the state
`
`of Delaware, with a principal place of business in this judicial district at 8050 W. Florissant
`
`Avenue, St. Louis, Missouri 63136.
`
`2.
`
`Upon information and belief, Defendant, Broad Ocean Motor LLC is a corporation
`
`organized and existing under the laws of the state of Delaware, with an office at 201 E 5th Street,
`
`Washington, Missouri 63090.
`
`3.
`
`Upon information and belief, Defendant, Broad Ocean Technologies, LLC is a
`
`corporation organized and existing under the laws of the state of Michigan, with a principal place
`
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MISSOURI
`EASTERN DIVISION
`
`CASE NO. ;
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`
`§ § §
`
`NIDEC MOTOR CORPORATION
`Plaintiff,
`
`v.
`
`BROAD OCEAN MOTOR LLC,
`BROAD OCEAN TECHNOLOGIES,
`LLC, and
`ZHONGSHAN BROAD OCEAN
`
`MOTOR CO., LTD.
`
`Defendants.
`
`ORIGINAL COMPLAINT
`
`Plaintiff Nidec Motor Corporation (“Nidec Motor”),
`
`through its attorneys, files this
`
`complaint against Defendants, Broad Ocean Motor LLC, Broad Ocean Technoiogies, LLC, and
`
`Zhongshan Broad Ocean Motor CO., Ltd. (collectively, “Broad Ocean”) and hereby alleges as
`
`follows:
`
`PARTIES
`
`1.
`
`Plaintiff Nidec Motor is a corporation organized and existing under the laws of the state
`
`of Delaware, with a principal place of business in this judicial district at 8050 W. Florissant
`
`Avenue, St. Louis, Missouri 63136.
`
`2.
`
`Upon information and belief, Defendant, Broad Ocean Motor LLC is a corporation
`
`organized and existing under the laws of the state of Delaware, with an office at 201 E 5th Street,
`
`Washington, Missouri 63090.
`
`3.
`
`Upon information and belief, Defendant, Broad Ocean Technologies, LLC is a
`
`corporation organized and existing under the laws of the state of Michigan, with a principal place
`
`
`
`Case: 4:137cv—01895—JCH Doc. #: 1 Filed; 09/25/13 Page: 2 of 17 PagelD #: 2
`
`of business at 29615 Hudson Drive, Novi, Michigan 48377. Broad Ocean Technologies, LLC is
`
`registered to do business in the State of Missouri.
`
`4.
`
`Upon information and belief, Defendant, Zhengshan Broad Ocean Motor Co., Ltd. is a
`
`corporation organized and existing under the laws of China, with a principal place of business at
`
`No. 3 Shalang Industriai Zone, West District, Zhengshan, 52841 i , China.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for infringement of United States patents, and arises under the patent
`
`laws of the United States, 35 U.S.C. § 271, et. seq. This Court has exclusive subject matter
`
`jurisdiction of such action under 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendants by virtue of Defendants’ regular
`
`commercial and business activities within and/or directed to the State of Missouri.
`
`7.
`
`This Ceurt has general jurisdiction over Defendants because Defendants have continuous
`
`and systematic contacts with this forum through their making, using, selling, offering to sell,
`
`and/or importing blower motors for an HVAC system in or into the State of Missouri.
`
`In
`
`addition, this Court has specific jurisdiction over Defendants because Defendants purposefully
`
`directed their activities at residents of this forum and this patent infringement action arises out of
`
`or relates to their making, using, selling, offering to seii, andfor importing blower motors for an
`
`HVAC system in or into the State of Missouri.
`
`8.
`
`Defendant, Broad Ocean Motor LLC is doing business in Missouri, has purposefully
`
`availed itself of the privilege of conducting business with residents of Missouri, inter alz'a, by
`
`having an office in this judicial district, and as such, has established sufficient minimum contacts
`
`with the State of Missouri.
`
`
`
`Case: 4:13-Cv—01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 3 of 17 PagelD #: 3
`
`9.
`
`Defendant, Broad Ocean Technologies, LLC is doing business in Missouri, has
`
`purposefully availed itself of the privilege of conducting business with residents of Missouri,
`
`inter alia, by registering with the State of Missouri to do business in Missouri, and as such, has
`
`established sufficient minimum contacts with the State of Missouri.
`
`10.
`
`Defendant, Zhongshan Broad Ocean Motor Co., Ltd. is doing business in Missouri, has
`
`purposefully availed itself of the privilege of conducting business with residents of Missouri,
`
`inter alia, by supplying, distributing, selling, using, making, ofiering to sell, and/or importing
`
`blower motors for an HVAC system in or into the State of Missouri, and as such, has established
`
`sufficient minimum contacts with the State of Missouri.
`
`11.
`
`Venue is proper before this Court pursuant to 28 U.S.C. § 1391(b) and (c) and 28 U.S.C.
`
`§ 1400(b).
`
`INFRINGEMENT OF U.S. PATENT NO. 7,208,895
`
`COUNT I:
`
`12.
`
`On April 24, 2007, United States Patent No. 7,208,895 (“the ‘895 patent”) was duly and
`
`legally issued for “Control Systems and Methods for Permanent Magnet Rotating Machines.” A
`
`true and correct copy of the ‘895 patent is attached hereto as Exhibit A and made a part hereof.
`
`13.
`
`Nidec Motor is the assignee and owner of all rights and title to the ‘895 patent, with the
`
`right to enforce the patent against infringers and to sue for and collect damages for all relevant
`
`times, including the right to assert the present cause of action.
`
`14.
`
`Defendants manufacture, make, have made, use, practice,
`
`import, provide, supply,
`
`distribute, sell andfor offer for sale products in or into the United States, including but not limited
`
`to blower motors for HVAC systems, that infringe one or more claims of the ‘895 patent in
`
`violation of one or more subsections of 35 U.S.C. § 271.
`
`
`
`
`
`Case: 4:13—CV-01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 4 of 17 PagelD #: 4
`
`15.
`
`Defendants” products that infringe the “895 patent include but are not limited to “IHP
`
`115~120V Uni ” BO Part Number ZWK702E0750501 (“the HP Broad Ocean Motor”).
`
`16.
`
`As one example of Defendants’ infringement of the ‘895 Patent, the HP Broad Ocean
`
`Motor infringes at least claims 9 and 21 of the ‘895 Patent. Details of this infringement are set
`
`forth below:
`
`17.
`
`Claim 9 recites “[a] permanent magnet rotating machine and controller assembly
`
`configured to perform the method of claim 1.” The HP Broad Ocean Motor includes a motor
`
`controller that controls a permanent magnet rotating machine that performs the method of claim
`
`1.
`
`18.
`
`As recited in claim 1, the permanent magnet rotating machine of the HP Broad Ocean
`
`Motor includes “a stator and a rotor situated to rotate relative to the stator, the stator having a
`
`plurality of energizable phase windings situated therein.” A photograph of the HP Broad Ocean
`
`Motor having a permanent magnet rotating machine having the recited elements of claim 1 is
`
`provided below:
`
`
`
`
`
`Case: 4:13—cv—01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 5 of 17 PagelD #: 5
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`19.
`
`As further recited in claim 1 of the ‘895 Patent,
`
`the HP Broad Ocean Motor is configured
`
`for “receiving a rotor torque demand.” As shown in the table below, the HP Broad Ocean Motor
`
`exhibits substantially constant rotor torque (between 24.4 lb-in and 25.0 lb—in) over a range of
`
`rotor speeds (between 600 RPMs to around 1200 RPMS). Upon information and belief, the
`
`motor controller for such product must rely on a rotor torque demand to achieve such calibration
`
`of torque output over a range of speeds.
`
`
`
`20.
`
`As still further recited in claim 1 of the ‘895 Patent, the HP Broad Ocean Motor is
`
`configured for “calculating a scaled torque demand fiom the received torque demand as a
`
`function of a speed of the machine to obtain a substantially constant rotor torque over a range of
`
`rotor speeds.” As stated in paragraph 19, the HP Broad Ocean Motor exhibits substantially
`
`constant rotor torque (between 24.4 lb~in and 25.0 lb—in) over a range of rotor speeds (between
`
`600 RPMs to around 1200 RPMs). Upon information and belief, the motor controller of the HP
`
`Broad Ocean Motor must scale the torque demand to produce such constant rotor torque from an
`
`input rotor torque demand.
`
`21.
`
`Furthermore, the HP Broad Ocean Motor includes a speed sensor. Upon information and
`
`belief, the HP Broad Ocean Motor uses the speed of the motor as sensed by the speed sensor as
`
`the feedback element to control how the torque demand is sealed in order to achieve the result of
`
`
`
`Case: 4:13—CV—01895—JCH DOC. #2 1 Filed: 09/25/13 Page: 6 0f 17 PageID #: 6
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`a substantially constant rotor torque over a range of rotor speeds. A photograph of the HP Broad
`
`Ocean Motor having a speed sensor (xHall Device “40AF139”) is provided below:
`
`
`
`22.
`
`Claim 21 recites “[a] permanent magnet rotating machine and controller assembly
`
`configured to perform the method of claim 12.” The HP Broad Ocean Motor includes a motor
`
`controller that controls a permanent magnet rotating machine that performs the method of claim
`
`12.
`
`23.
`
`As recited in claim 12, the permanent magnet rotating machine of the HP Broad Ocean
`
`Motor includes “a stator and a rotor situated to rotate relative to the stator, the stator having a
`
`plurality of energizable phase windings situated therein.”
`
`24.
`
`Upon information and belief, the HP Broad Ocean Motor is configured for “calculating
`
`an IQr demand from a speed or torque demand,” as recited in claim 12.
`
`25.
`
`Upon information and belief, the HP Broad Ocean Motor is configured for “calculating a
`
`dr—axis injection current demand as a fiJnction of a speed of the rotor,” as recited in claim 12.
`
`
`
`Case: 4:13-cv—01895-JCH Doc. #: 1 Filed109/25/13 Page: 7 of 17 PagelD it: 7
`
`26.
`
`Upon information and belief, the HP Broad Ocean Motor is configured for “combining
`
`the IQr demand and the dr—axis injection current demand to produce an Ier demand that is
`
`compensated for any torque contribution of dr—axis—current,” as recited in claim 12.
`
`27.
`
`The HP Broad Ocean Motor, when used by Broad Ocean’s customers as part of HVAC
`
`systems and as intended and instructed by Defendants, infringes at least claims 9 and 21 of the
`
`“895 Patent. Upon information and belief, the HP Broad Ocean Motor is specifically designed
`
`and specifically marketed by Defendants as a blower motor for use in an HVAC system.
`
`28.
`
`Upon information and belief, Defendants offer to sell or sell within the United States or
`
`import into the United States blower motors, which constitute an apparatus for use in practicing
`
`the claimed methods of the ‘895 Patent. The motor controller andfor permanent magnet rotating
`
`machine of the HP Broad Ocean Motor constitutes a material component of the claimed
`
`I
`
`invention of the ‘895 Patent.
`
`29.
`
`Upon information and belief, Defendants knew that the HP Broad Ocean Motor is
`
`especially made or especially adapted for use in an infringement of the ‘895 patent. Upon
`
`information and belief, the motor controller and/or permanent magnet rotating machine of the HP
`
`Broad Ocean Motor is specifically designed and specifically marketed for use in practicing
`
`claims 9 and 21 of the ‘895 Patent.
`
`30.
`
`Upon information and belief, the motor controller and/or permanent magnet rotating
`
`machine of the HP Broad Ocean Motor is not a staple article or commodity of commerce suitable
`
`for substantial noninfringing use. There is no substantial non—infringing use of the motor
`
`controller and permanent magnet rotating machine of the HP Broad Ocean Motor because, upon
`
`information and belief, they are specifically designed and marketed as a component of a blower
`
`motor for use in an HVAC system.
`
`
`
`
`
`Case: 4:13—cv—01895~JCH Doc. #: 1 Filed: 09/25/13 Page: 8 of 17 PagelD #: 8
`
`31.
`
`Defendants andfor individuals within Defendants” employ had knowledge of the ‘895
`
`patent by virtue of Nidec Motor’s marking of the ‘895 Patent in its products, or at the latest, by
`
`virtue of cease and desist letters
`
`(attached hereto as Exhibit B) mailed to each of Defendants
`
`respectively on September 20 and 23, 2013 which serve as notice to Defendants of the ‘895
`
`Patent and of their infringing conduct.
`
`32.
`
`At all relevant times, Nidec Motor has complied with any and all marking and/or notice
`
`provisions of 35 USS. § 287 with respect to the ‘895 patent. Among other things, Nidec Motor
`
`has marked products utilizing the subject matter of the ‘895 Patent with the number of the ‘895
`
`Patent. As an example, photographs of Nidec Motor’s RESCUE EcoTech® motor bearing the
`
`number of the ‘895 Patent are provided below:
`
`
`
`33.
`
`Nidec Motor has been damaged as a result of Defendants’ infringing conduct. Defendants
`
`are, thus, liable to Nidec Motor in an amount that adequately compensates it for Defendants’
`
`infimgement, which, by law, cannot be less than a reasonable royalty, together with interest and
`
`costs, including lost profits, as affixed by this Court under 35 U.S.C. § 284.
`
`
`
`
`
`Case: 4:13—cv—01895—30H Doc. #: 1 Filed: 09125/13 Page: 9 of 17 PageID #: 9
`
`34.
`
`Defendants will continue their infringement of the ‘895 patent unless enjoined by the
`
`Court. Defendants’ infringing conduct has caused Nidec Motor irreparable harm and will
`
`continue to cause such harm without the issuance of an injunction.
`
`INFRINGEMENT OF US. PATENT NO. 7,626,349
`
`COUNT II:
`
`35.
`
`On December 1, 2009, United States Patent No. 7,626,349 (“the ‘349 paten ”) was duly
`
`and legally issued for “Low Noise Heating, Ventilating and/or Air Conditioning (HVAC)
`
`Systems.” A true and correct copy of the “349 patent is attached hereto as Exhibit C and made a
`
`part hereof.
`
`36.
`
`Nidec Motor is the assignee and owner of all rights and title to the ‘349 patent, with the
`
`exclusive right to enforce the patent against infiingers and to sue for and collect damages for all
`
`reievant times, including the right to assert the present cause of action.
`
`37.
`
`Defendants manufacture, make, have made, use, practice,
`
`import, provide, supply,
`
`distribute, sell and/or offer for sale products in or into the United States, including but not limited
`
`to blower motors for HVAC systems, that infiinge one or more claims of the ‘349 patent in
`
`Violation of one or more subsections of 35 U.S.C. § 271.
`
`38.
`
`Defendants’ products that infringe the ‘349 patent include but are not limited to the HP
`
`Broad Ocean Motor.
`
`39.
`
`Upon information and belief, the HP Broad Ocean Motor is specifically designed and is
`
`specifically marketed by Defendants as a blower motor for use in an HVAC system.
`
`40.
`
`Upon information and belief, the HP Broad Ocean Motor is specifically designed and is
`
`specifically marketed by Defendants to be used in combination with an HVAC system, which
`
`includes “a system controller, a motor controller, an air—moving component, and permanent
`
`magnet motor.”
`
`
`
`Case: 4:13-cv-01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 10 of l? PagelD #1 10
`
`41.
`
`The HP Broad Ocean Motor includes “a permanent magnet motor having a stationary
`
`assembly, a rotatable assembly in magnetic coupling relation to the stationary assembly, and a
`
`shaft coupled to the air—moving component.” A photograph of the HP Broad Ocean Motor is
`
`provided below:
`
`
`
`42.
`
`Further, the motor controller ofthe HP Broad Ocean Motor “is configured for performing
`
`sinewave commutation, using independent values of Q and d axis currents, in response to one or
`
`more control signals received fiom the system controller to produce continuous phase currents in
`
`the permanent magnet motor for driving the air—moving component.” The signal plots shown
`
`below show that the HP Broad Ocean Motor produces continuous phase sine wave currents in
`
`the permanent magnet motor that will drive the air—moving component during use at various
`
`revolutions per minute (RPMs). Upon information and belief,
`
`the operation of the motor
`
`controller of the HP Broad Ocean Motor is controlled by the system controller.
`
`
`
`Case: 4:13—cv—01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 11 of 17 PaQBED #: ll
`
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`43.
`
`Further proof that the HP Broad Ocean Motor performs sine wave commutation using
`
`independent values of Q and d axis currents can be found in a digital signal processor (DSP). A
`
`photograph is provided below showing that the HP Broad Ocean Motor uses a digital signal
`
`processor labeled with “C2L4DFP,” which, upon information and belief,
`
`is a number for a
`
`Renesas DSP chip.
`
`
`
`
`
`Case: 4:13-cv-01895-JCH Doc. #: 1 Filed: 09125/13 Page: 12 of 17 PagelD #: 12
`
`44.
`
`Upon information and belief, the mode of control for the D8? in the Broad Ocean Motor
`
`is to use sine wave commutation driven by independent values of Q and d axis currents to
`
`provide a computationally and memory efficient manner for producing continuous sine wave
`
`phase currents in the permanent magnet motor as shown by the above signal plots.
`
`45.
`
`Upon information and belief, the HP Broad Ocean Motor is specifically designed and is
`
`specifically marketed by Defendants as a blower assembly for use in an HVAC system.
`
`46.
`
`Upon information and belief, the E]? Broad Ocean Motor is specifically designed and is
`
`specifically marketed by Defendants to be used in combination with an HVAC system, which
`
`include “a motor controller, a blower, and permanent magnet motor.”
`
`47.
`
`The HP Broad Ocean Motor includes a permanent magnet motor “having a stationary
`
`assembly, a rotatable assembly in magnetic coupling relation to the stationary assembly, and a
`
`shaft coupled to the blower.”
`
`48.
`
`Upon information and belief, the HP Broad Ocean Motor includes a motor controller that
`
`“is configured for performing sinewave commutation, using independent values of Q and d axis
`
`currents, in reSponse to one or more control signals received from a system controller to produce
`
`continuous phase currents in the permanent magnet motor for driving the blower.” As stated in
`
`paragraphs 42, 43, and 44 and incorporated herein by reference, the motor controller of the HP
`
`Broad Ocean Motor is specifically designed to drive the blower by “performing sinewave
`
`commutation, using independent values of Q and (1 axis currents, in response to one or more
`
`control signals received from a system controller to produce continuous phase currents in the
`
`permanent magnet motor.”
`
`49.
`
`Upon information and belief, the HP Broad Ocean Motor is specifically designed and
`
`specifically marketed by Defendants to perform the “method for driving an air-moving
`
`
`
`Case: 4:13-cv—01895-JCH Doc. #: 1 Filed: 09/25f13 Page: 13 of 17' PagelD #: 13
`
`component of a heating, ventilating and/or air conditioning (HVAC) system in resPonse to a
`
`control signal.”
`
`50.
`
`The HP Broad Ocean Motor includes a permanent magnet motor “having a stationary
`
`asscmbly and a rotatable assembly in magnetic coupling relation to the stationary assembly, said
`
`rotatable assembly coupled in driving relation to the air—moving component.”
`
`5].
`
`Upon information and belief,
`
`the HP Broad Ocean Motor performs the method of
`
`“receiving at least one control signal from a system controller.” As stated in paragraph 42 and as
`
`is standard in the industry, the HP Broad Ocean Motor receives a control signal from a system
`
`controller of an HVAC system when in use.
`
`52.
`
`Upon information and belief,
`
`the HP Broad Ocean Motor performs the method of
`
`“performing sinevvave commutation, using independent values of Q and d axis currents,
`
`in
`
`response to the at least one controi signals received fiom the system controller to produce
`
`continuous currents in the permanent magnet motor for driving said air—moving component.” As
`
`stated in paragraphs 42, 43, and 44 and incorporated herein by reference, the motor controller of
`
`the HP Broad Ocean Motor is specifically designed to drive the air—moving component by
`
`“performing sinewave commutation, using independent values of Q and d axis currents,
`
`in
`
`response to the at
`
`least one control signals received from the system controller to produce
`
`continuous currents in the permanent magnet motor.”
`
`53.
`
`The HP Broad Ocean Motor, when used by Broad Ocean’s customers as part of HVAC
`
`systems and as intended and instructed by Defendants, infi'inges at least claims 1, 16 and 19 of
`
`the ‘349 Patent. Upon information and belief,
`
`the HP Broad Ocean Motor is specifically
`
`designed and specifically marketed by Defendants as a blower motor for use in an HVAC system
`
`
`
`Case: 4:13-cv—01895rJCH Doc. #: 1 Filed: 09/25/13 Page: 14 of 17 PagelD #: 14
`
`54.
`
`Upon information and belief, Defendants offer to sell or sell Within the United States or
`
`import into the United States blower motors for HVAC systems, which constitute a component
`
`of and a material part of the claimed invention of the ‘349 Patent. The motor controller of the
`
`HP Broad Ocean Motor or the HP Broad Ocean Motor itself constitutes a material component of
`
`an HVAC system.
`
`55.
`
`Defendants knew that
`
`the E? Broad Ocean Motor is especially made or especially
`
`adapted for use in an infringement of the ‘349 patent. Upon information and belief, the HP Broad
`
`Ocean Motor is specifically designed and marketed for use in combination with HVAC system.
`
`56.
`
`The HP Broad Ocean Motor is not a staple article or commodity of commerce suitable for
`
`substantial noninfringing use as there is no substantial non-infiringing use of the HP Broad Ocean
`
`Motor. Upon information and belief, the HP Broad Ocean Motor is specifically designed and
`
`marketed to be used with HVAC systems.
`
`57.
`
`Defendants and/or individuals within Defendants’ employ had knowledge of the “349
`
`patent by virtue of Nidec Motor’s marking of the ‘349 Patent in its products, or at the latest, by
`
`virtue of cease and desist letters
`
`(attached hereto as Exhibit B) mailed to each of Defendants
`
`respectively on September 20 and 23, 2013 which serve as notice to Defendants of the ‘349
`
`Patent and of their infringing conduct.
`
`58.
`
`At all relevant times, Nidec Motor has complied with any and all marking and/or notice
`
`provisions of 35 U.S.C. § 287 with respect to the ‘349 patent. Among other things, Nidec Motor
`
`has marked products utilizing the subject matter of the ‘349 Patent with the number of the ‘349
`
`Patent. As an example, photographs of Nidec Motor’s RESCUE EcoTech® motor bearing the
`
`number of the “349 Patent are provided below:
`
`14
`
`
`
`
`Case: 4:13—cv-01895—JCH Doc. #: 1 Filed: 09/25/13 Page: 15 of 17 PagelD #: 15
`
`
`
`59.
`
`Nidec Motor has been damaged as a result of Defendants’ infringing conduct. Defendants
`
`are, thus, liable to Nidec Motor in an amount that adequately compensates it for Defendants’
`
`infringement, which, by law, cannot be less than a reasonable royalty, together with interest and
`
`costs, including lost profits, as affixed by this Court under 35 U.S.C. § 284.
`
`60.
`
`Defendants will continue their infringement of the ‘349 patent unless enjoined by the
`
`Court. Defendants’ infringing conduct has caused Nidec Motor irreparable harm and will
`
`continue to cause such harm without the issuance of an injunction.
`
`JURY DEMAND
`
`Nidec Motor hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
`
`Civil Procedure.
`
`PRAYER FOR RELIEF
`
`THEREFORE, Nidec Motor respectfully requests that this Court enter judgment in its
`
`favor and grant Nidec Motor the following relief:
`
`15
`
`
`
`
`Case: 4:13-cv-01895—JCH Doe. #I 1 Filed: 09/25/13 Page: 16 of 17 PageED #: 16
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`Judgment that one or more claims of the ‘895 Patent have been infringed, either literally
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`and/or under the doctrine of equivalents, in violation of one or more subsections of 35 §
`
`U.S.C. 27];
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`Judgment that one or more claims of the ‘349 Patent have been infringed, either literally
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`and/or under the doctrine of equivalents, in violation of one or more subsections of 35 §
`
`U.S.C. 271;
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`An award of damages adequate to compensate Nidec Motor for the infringement that has
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`occurred, but in no event less than a reasonable royalty as permitted by 35 U.S.C. § 284.
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`That Nidec Motor be granted pre—judgment and post—judgment interest on the damages
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`caused to it by reason of Defendants” infringing activities and other conduct complained
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`of herein;
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`That this Court declare this an exceptional case and award Nidec Motor its reasonable
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`attorney’s fees and costs in accordance with 35 U.S.C. §285;
`
`That Defendants be enjoined from any further activity or conduct that infringes one or
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`more claims of the “895 Patent and ‘349 Patent; and
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`That Nidec Motor be granted such other and fiarther relief as the Court may deem just and
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`proper under the circumstances including, but not limited to, supplemental damages
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`and/or and accounting for any infiinging acts not covered by any damages verdict entered
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`in this action and for any post—verdict and/or post-injunction infringing acts.
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`
`
`Case: 4:13—cv-01895-JCH Doc. #1 1 Filed: 09/25/13 Page: 17 0f 17 Page”) #: 17
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`Date: September 25, 2013
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`Respectfully submitted
`
`Byz/s/ Jason M Schwenr
`
`Jason M. Schwent # 53260 MO
`David B. Jinkins #49254 MO
`
`Siho (Scott) YOU #65297 MO
`THONIPSON COBURN LLP
`One US Bank Plaza
`
`St. Louis, MO 63101—1693
`Telephone:
`(314) 552—6000
`Facsimile:
`(314) 552—7000
`jschWent@th0mpsoncoburneom
`djmkins@thompsoncobum.com
`sy00@th0mpsoncobum.eom
`
`Attorneys for Plaintiff
`NIDEC MOTOR CORPORATION
`
`17
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`
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