Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 1 of 13
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`
`CIVIL ACTION NO.:
`1:11-cv-03855-RLV
`
`JURY TRIAL DEMANDED
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`Defendants.
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`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Canon Inc. (“Canon”), for its Amended Complaint against
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`Defendants Color Imaging, Inc. and General Plastic Industrial Co., Ltd.
`
`(collectively, “Defendants”), alleges as follows:
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`The Parties
`
`1.
`
`Canon is a corporation organized and existing under the laws of
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`Japan, having its principal place of business at 30-2, Shimomaruko 3-chome, Ohta-
`
`ku, Tokyo 146-8501, Japan.
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`2.
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`Canon is a leading innovator, manufacturer and seller of a wide
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`variety of copying machines, laser beam printers, inkjet printers, cameras and other
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`consumer, business and industrial products.
`
`
`CANON INC.,
`
`
`
`Plaintiff,
`
`
`v.
`
`COLOR IMAGING, INC. and
`GENERAL PLASTIC INDUSTRIAL
`CO., LTD.,
`
`
`
`
`
`
`
`CANON KABUSHIKI KAISHA EXHIBIT 2109
`General Plastic Indus. Co. v. Canon Kabushiki Kaisha
`IPR2016-01360
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`
`CIVIL ACTION NO.:
`1:11-cv-03855-RLV
`
`JURY TRIAL DEMANDED
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Defendants.
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Canon Inc. (“Canon”), for its Amended Complaint against
`
`Defendants Color Imaging, Inc. and General Plastic Industrial Co., Ltd.
`
`(collectively, “Defendants”), alleges as follows:
`
`The Parties
`
`1.
`
`Canon is a corporation organized and existing under the laws of
`
`Japan, having its principal place of business at 30-2, Shimomaruko 3-chome, Ohta-
`
`ku, Tokyo 146-8501, Japan.
`
`2.
`
`Canon is a leading innovator, manufacturer and seller of a wide
`
`variety of copying machines, laser beam printers, inkjet printers, cameras and other
`
`consumer, business and industrial products.
`
`
`CANON INC.,
`
`
`
`Plaintiff,
`
`
`v.
`
`COLOR IMAGING, INC. and
`GENERAL PLASTIC INDUSTRIAL
`CO., LTD.,
`
`
`
`
`
`
`
`CANON KABUSHIKI KAISHA EXHIBIT 2109
`General Plastic Indus. Co. v. Canon Kabushiki Kaisha
`IPR2016-01360
`
`
`
`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 2 of 13
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`3.
`
`On information and belief, Defendant Color Imaging, Inc. (“Color
`
`Imaging”) is a corporation organized and existing under the laws of Delaware,
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`having its principal place of business at 4350 Peachtree Industrial Boulevard, Suite
`
`100, Norcross, Georgia 30071.
`
`4.
`
`On information and belief, Defendant General Plastic Industrial Co.,
`
`Ltd. (“General Plastic”) is a company organized and existing under the laws of
`
`Taiwan, having its principal place of business at 50 Tzu-Chiang Road, Wu-Chi
`
`Town, Taichung County, Taiwan R.O.C.
`
`5.
`
`On information and belief, General Plastic owns 10 percent or more of
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`the stock of Color Imaging and is a supplier of products to Color Imaging,
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`including products accused of infringement in this case.
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`Jurisdiction and Venue
`
`6.
`
`This is an action for patent infringement arising under the patent laws
`
`of the United States, Title 35 of the United States Code. Accordingly, this Court
`
`has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`Defendants are subject to this Court’s personal jurisdiction, consistent
`
`with the principles of due process and the Georgia Long-Arm Statute, because
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`Color Imaging’s principal place of business is located in this judicial district and
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`because each of Defendants, directly or through intermediaries, is transacting
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`
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`-2-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 3 of 13
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`
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`business, supplying products, committing acts of patent infringement and/or
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`contributing to and inducing acts of patent infringement by others in Georgia,
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`including in this judicial district.
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`8.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c) and (d)
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`and 28 U.S.C. § 1400(b).
`
`Canon’s Patent-in-Suit
`
`9.
`
`On January 12, 2010, U.S. Patent No. 7,647,012 (the “’012 patent”),
`
`entitled “Sealing Member, Toner Accommodating Container and Image Forming
`
`Apparatus,” duly and legally issued to Canon as assignee of the inventors, Yusuke
`
`Yamada, Yutaka Ban, Katsuya Murakami, Fumio Tazawa and Hironori Minagawa.
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`A true and correct copy of the ’012 patent is attached as Exhibit A.
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`10. Canon is the sole owner of the entire right, title and interest in and to
`
`the ’012 patent, including the right to sue and recover for any and all infringements
`
`thereof.
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`11. The ’012 patent describes and claims, among other things, a toner
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`supply container capable of being used in an electrophotographic image forming
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`apparatus such as a copier. The toner supply container is designed to be inserted
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`into and removed from an electrophotographic image forming apparatus, as
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`
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`-3-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 4 of 13
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`
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`needed, in order to replenish the electrophotographic image forming apparatus’
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`toner.
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`12. On January 12, 2010, Canon filed a lawsuit alleging infringement of
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`the ’012 patent against Densigraphix Kopi Inc. and Densigraphix Inc. (collectively,
`
`“Densigraphix”) in the United States District Court for the Eastern of District
`
`Virginia, Case No. 1:10-cv-34-CMH-IDD. This lawsuit resulted in a Stipulation,
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`Consent Judgment and Permanent Injunction, which the Court entered on March 9,
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`2010.
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`13. On June 29, 2010, Canon filed a lawsuit alleging infringement of the
`
`’012 patent against Copylite Products Corp., Copylite Products, LLC (collectively,
`
`“Copylite”) and Polek & Polek Inc. (“Polek”) in the United States District Court
`
`for the Eastern of District Virginia, Case No. 2:10-cv-313-JBF-TEM. This lawsuit
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`resulted in a Stipulation, Consent Order and Permanent Injunction as to each of
`
`Copylite and Polek, which the Court entered on September 16, 2010.
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`14. The aforementioned Permanent Injunctions, among other things,
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`permanently enjoined Densigraphix, Copylite and Polek from making, using,
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`selling, offering to sell and importing certain toner bottle products (the “Enjoined
`
`Toner Bottle Products”).
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`
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`
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`-4-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 5 of 13
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`
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`Defendants’ Infringing Activities
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`15. On information and belief, Defendants are engaged in the business of
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`manufacturing, importing, selling and/or offering to sell replacement toner
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`products and parts for copiers and printers, including toner bottle products for use
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`in Canon imageRUNNER® copiers. Specifically, on information and belief,
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`General Plastic designs and manufactures such toner bottle products, which it
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`offers for sale and sells to customers worldwide, including in the United States.
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`On information and belief, one customer for the toner bottle products of General
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`Plastic in the United States is Color Imaging. On information and belief, Color
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`Imaging purchases such toner bottles from General Plastic, then fills, packages and
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`warehouses them. On information and belief, Color Imaging offers both empty
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`toner bottle products as well as finished toner bottle products for sale worldwide.
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`16. On information and belief, Defendants’ toner bottle products are sold
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`both to end users and to resellers. On information and belief, resellers to whom
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`Defendants’ products are sold include, but are not limited to, UniNet Imaging, Inc.
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`and/or UI Supplies, Inc. (collectively, “UniNet”), which in turn resell such
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`products under their own designations. Defendants market their toner bottle
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`products as purported alternatives to genuine toner bottle products manufactured
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`by Canon and sold under the Canon brand name. Included among such toner bottle
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`-5-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 6 of 13
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`
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`products are at least the following (collectively, the “Accused Toner Bottle
`
`Products”):
`
`Accused Toner Bottle
`Product Designation
`Color Imaging
`Designation:
`FCA2270
`
`UniNet Designation:
`11717
`UniNet Designation:
`11718
`
`UniNet Designation:
`13714
`UniNet Designation:
`13691
`Color Imaging
`Designations:
`FCAC5051-C
`FCAC5051-M
`FCAC5051-Y
`FCAC5051-K
`
`Promoted by
`Defendants For Use In
`imageRUNNER®
`2230/2270/2830/2870/
`3025/3035/3225/3230/
`3235/3245/3530/3570/
`4570
`
`imageRUNNER®
`5070/5570/5570N/
`6570/6570N
`imageRUNNER®
`7086/7090/7095/7105
`imageRUNNER®
`5050/5055/5065/5075
`imageRUNNER®
`ADVANCE C5045/
`C5051
`
`
`Corresponding Canon
`Toner Bottle Product
`GPR-15/16
`
`GPR-17
`
`GPR-19
`
`GPR-24
`
`GPR-30
`
`
`
`
`
`-6-
`
`
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 7 of 13
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`
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`Accused Toner Bottle
`Product Designation
`Color Imaging
`Designations:
`FCAC5035-C
`FCAC5035-M
`FCAC5035-Y
`FCAC5035-K
`
`UniNet Designations:
`15929
`15930
`15931
`15932
`Color Imaging
`Designations:
`FCAC7065-C
`FCAC7065-M
`FCAC7065-Y
`FCAC7065-K
`
`Promoted by
`Defendants For Use In
`imageRUNNER®
`ADVANCE C5030/
`C5035
`
`
`Corresponding Canon
`Toner Bottle Product
`GPR-31
`
`imageRUNNER®
`ADVANCE C7055/
`7065
`
`GPR-33
`
`17. On information and belief, Defendants sell the Accused Toner Bottle
`
`Products within this judicial district and elsewhere.
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`18. On information and belief, Defendants substantially undercut the
`
`prices that Canon charges for the corresponding genuine Canon toner bottle
`
`products.
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`19. On information and belief, the Accused Toner Bottle Products are
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`substantially identical in structure to the Enjoined Toner Bottle Products.
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`
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`
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`-7-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 8 of 13
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`
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`Cause of Action: Infringement of U.S. Patent No. 7,647,012
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`20. Canon repeats and incorporates by reference the allegations of
`
`paragraphs 1-19 above.
`
`21. Defendants are directly infringing the ’012 patent by making, using,
`
`importing, selling and/or offering to sell toner bottle products embodying the
`
`invention defined by one or more claims of the ’012 patent, including without
`
`limitation the Accused Toner Bottle Products, without authority or license of
`
`Canon.
`
`22. Defendants are also indirectly infringing the ’012 patent by inducing
`
`and/or contributing to the direct infringement of the ’012 patent by end users of the
`
`Accused Toner Bottle Products. On information and belief, Defendants are aware
`
`of the ’012 patent and of their infringement thereof, or, alternatively, Defendants
`
`are willfully blind as to the existence of the ’012 patent and their infringement
`
`thereof. Further, on information and belief, Defendants knowingly induce end
`
`users to use the Accused Toner Bottle Products, thereby inducing infringement of
`
`the ’012 patent. On information and belief, Defendants also contribute to
`
`infringement of the ’012 patent. In particular, the Accused Toner Bottle Products
`
`are specially adapted for an infringing use, and they are not staple articles of
`
`commerce suitable for substantial non-infringing use.
`
`
`
`
`
`-8-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 9 of 13
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`
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`23. Defendants’ acts complained of herein are damaging and will
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`continue to cause irreparable injury and damage to Canon for which there is no
`
`adequate remedy at law. Canon is therefore entitled to preliminary and permanent
`
`injunctions restraining and enjoining Defendants from infringing the claims of the
`
`’012 patent.
`
`24. By reason of Defendants’ infringing activities, Canon is suffering and
`
`will continue to suffer substantial damages in an amount to be determined at trial.
`
`25. On information and belief, Defendants knew or should have known of
`
`the objectively high likelihood that their actions constituted infringement of the
`
`’012 patent, but nonetheless have continued their infringement. Defendants’
`
`infringement, therefore, is and has been willful, and this case is exceptional under
`
`35 U.S.C. § 285.
`
`Prayer for Relief
`
`
`
`
`
`WHEREFORE, Canon prays for judgment and relief as follows:
`
`A.
`
`That Defendants have directly infringed, contributorily infringed and
`
`induced others to infringe the ’012 patent under 35 U.S.C. § 271;
`
`
`
`B.
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`That Defendants’ infringement be declared and adjudged to be willful
`
`and deliberate;
`
`
`
`
`
`-9-
`
`
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 10 of 13
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`
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`C.
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`That Defendants and their subsidiaries, affiliates, officers, directors,
`
`agents, servants, employees, successors and assigns, and all other persons and
`
`organizations in active concert or participation with them, be preliminarily and
`
`permanently enjoined from further acts of infringement of the ’012 patent pursuant
`
`to 35 U.S.C. § 283;
`
`
`
`D.
`
`That Defendants be ordered to pay damages adequate to compensate
`
`Canon for Defendants’ infringement of the ’012 patent pursuant to 35 U.S.C.
`
`§ 284;
`
`
`
`E.
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`That by reason of the willful and deliberate nature of the infringement,
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`such damages be trebled pursuant to 35 U.S.C. § 284;
`
`
`
`
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`F.
`
`G.
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`That Canon be awarded its attorney fees pursuant to 35 U.S.C. § 285;
`
`That Defendants be ordered to pay prejudgment and postjudgment
`
`interest at the maximum rate allowed by law;
`
`
`
`H.
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`That Defendants be ordered to pay all of Canon’s costs associated
`
`with this action; and
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`
`
`I.
`
`That Canon be granted such other and additional relief as the Court
`
`deems just and proper.
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`
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`-10-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 11 of 13
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`Jury Demand
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Canon
`
`demands a jury trial on all issues so triable.
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`
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`
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`-11-
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 12 of 13
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`
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`Dated: March 1, 2012
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`
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`
`
`/s/ George L. Murphy, Jr.
`Nicholas M. Cannella (pro hac vice)
`Michael P. Sandonato (pro hac vice)
`Anna Y. Huang (pro hac vice)
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`1290 Avenue of the Americas
`New York, New York 10104-3800
`Tel: (212) 218-2100
`Fax: (212) 218-2200
`ncannella@fchs.com
`msandonato@fchs.com
`ahuang@fchs.com
`
`Edmund J. Haughey (pro hac vice)
`Seth Boeshore (pro hac vice)
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`975 F Street, NW
`Washington, DC 20004-1462
`Tel: (202) 530-1010
`Fax: (202) 530-1055
`ehaughey@fchs.com
`sboeshore@fchs.com
`
`George L. Murphy, Jr. (Bar No. 530376)
`Audra A. Dial (Bar No. 220298)
`KILPATRICK TOWNSEND &
`STOCKTON LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, Georgia 30309-4528
`Tel: (404) 815-6500
`Fax: (404) 815-6555
`gmurphy@kilpatricktownsend.com
`adial@kilpatricktownsend.com
`
`Attorneys for Plaintiff Canon Inc.
`
`-12-
`
`
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`Case 1:11-cv-03855-RLV Document 62 Filed 03/01/12 Page 13 of 13
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that I electronically filed the foregoing AMENDED
`
`COMPLAINT FOR PATENT INFRINGEMENT with the Clerk of Court using the
`
`CM/ECF system, which will automatically send e-mail notification of such filing
`
`to the following attorneys of record:
`
`Tim Tingkang Xia (txia@mmmlaw.com)
`John P. Fry (jfry@mmmlaw.com)
`Bryan G. Harrison (bharrison@mmmlaw.com)
`W. Andrew McNeil (amcneil@mmmlaw.com)
`
`This 1st day of March, 2012.
`
`
`
`
`
`
`
`/s/ George L. Murphy, Jr.
`George L. Murphy, Jr.
`Georgia Bar No. 530376
`KILPATRICK TOWNSEND &
`STOCKTON LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, Georgia 30309-4528
`Tel: (404) 815-6500
`Fax: (404) 815-6555
`gmurphy@kilpatricktownsend.com
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