Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 1 of 17 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`VARTA MICROBATTERY GMBH,
`
`Plaintiff,
`
`Civil Action No. ___________
`
`v.
`
`JURY TRIAL DEMANDED
`
`AUDIO PARTNERSHIP LLC AND AUDIO
`PARTNERSHIP PLC D/B/A CAMBRIDGE
`AUDIO
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff VARTA Microbattery GmbH (“VARTA”) files this Complaint for Patent
`
`Infringement of United States Patent Nos. 9,153,835; 9,496,581; 9,799,913; and 9,799,858
`
`(collectively “the Patents-in-Suit”) against Defendants Audio Partnership LLC and Audio
`
`Partnership PLC d/b/a “Cambridge Audio” (collectively “Audio Partnership” or “Defendants”),
`
`and alleges as follows:
`
`PARTIES
`
`1.
`
`VARTA is a German limited liability company headquartered at VARTA-Platz 1,
`
`73479 Ellwangen, Baden-Württemberg, Germany.
`
`2.
`
`Audio Partnership LLC is a corporation organized under the laws of the State of
`
`Florida with a place of business at 1913 N. Milwaukee Ave., Chicago, IL 60647.
`
`3.
`
`Audio Partnership PLC is a corporation organized under the laws of the United
`
`Kingdom with a place of business at Gallery Court, Hankey Place, London SE1 4BB, United
`
`VARTA Ex. 2008 Page 1 of 17
`PEAG/Audio Partnership v. VARTA
`IPR2020-01212
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`

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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 2 of 17 PageID #: 2
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`Kingdom. On information and belief, Audio Partnership PLC owns 100% of the equity in Audio
`
`Partnership LLC.
`
`4.
`
`On information and belief, Audio Partnership LLC and Audio Partnership PLC
`
`conduct business including in this jurisdiction under the name Cambridge Audio.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. et seq. This Court has subject matter jurisdiction over this action
`
`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Audio Partnership in this action because
`
`Audio Partnership has committed and continues to commit infringing acts within this District
`
`and has established minimum contacts with this District such that exercise of jurisdiction would
`
`not offend traditional notions of fair play and substantial justice.
`
`7.
`
`Audio Partnership sells and offers for sale in the State of Texas the infringing
`
`products, including by placing such products into the stream of commerce through established
`
`distribution channels including through internet sites with the knowledge and understanding that
`
`such products will be sold throughout the State of Texas including in this District. Audio
`
`Partnership has purposefully availed itself of the privileges of conducting business in the State of
`
`Texas, including by deriving substantial revenues from importing and selling the infringing
`
`products here.
`
`8.
`
`Audio Partnership LLC and Audio Partnership PLC have consented to this
`
`Court’s jurisdiction over them for purposes of this action only.
`
`9.
`
`Audio Partnership LLC and Audio Partnership PLC have consented to venue in
`
`this District for purposes of this action only.
`
`VARTA Ex. 2008 Page 2 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 3 of 17 PageID #: 3
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`BACKGROUND
`
`10.
`
`VARTA is a leading manufacturer of microbatteries, which include batteries
`
`referred to as button cells and coin cells due to their small form factor and low height.
`
`Applications for VARTA microbatteries include, for example, watches, hearing aids, and
`
`wearable cordless devices such as wireless earphones.
`
`11.
`
`In the mid-to-late 2000’s, VARTA undertook efforts to design and develop a
`
`novel and proprietary microbattery technology with excellent mechanical strength
`
`characteristics, increased power density, and better space utilization.
`
`12.
`
`VARTA’s novel and proprietary design includes an electrode-separator assembly
`
`located between a housing cup and a housing top that includes at least one positive electrode and
`
`at least one negative electrode separated by a separator. The electrodes and the separator may be
`
`formed from flat layers that may be laminated or bonded together. The assembly is wound into a
`
`spiral winding and located in the housing so that the electrodes are disposed at essentially right
`
`angles to the flat bottom and top areas of the housing cup and housing top respectively.
`
`13.
`
`Figures 3b and 4 of the Patents-in-Suit illustrate an example of an embodiment of
`
`the invention. The electrodes 407 of one polarity (highlighted in green) and the electrodes 408
`
`of the other polarity (highlighted in red) are wound in a spiral configuration (shown generally in
`
`FIG. 3b). The electrodes 407, 408 may be separated from each other by separator layers 405,
`
`406 of non-conductive material.
`
`VARTA Ex. 2008 Page 3 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 4 of 17 PageID #: 4
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`14.
`
`The lower housing cup and the upper housing top are fitted together to form a
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`housing about the electrode-separator assembly.
`
`15.
`
`Electrical contact between the electrode-separator assembly and the flat top and/or
`
`bottom areas may occur through an output conductor comprising a piece of foil resting between
`
`the spiral winding and the flat top and/or bottom areas.
`
`16.
`
`VARTA sells and offers for sale its patented microbatteries in the United States
`
`and worldwide inter alia under the trademark CoinPower®.
`
`THE PATENTS IN SUIT
`
`17.
`
`VARTA spent a great deal of time, effort, and expense in the research and
`
`development that lead to the CoinPower microbatteries. Because of their outstanding
`
`performance, the CoinPower microbatteries have been highly successful and well accepted by
`
`the market across the world. In recognition of the break-through nature of its invention, VARTA
`
`was granted an international patent portfolio covering various aspects of the CoinPower
`
`microbatteries, including a number of patents in the United States, with additional patent
`
`applications still pending in the United States Patent and Trademark Office.
`
`VARTA Ex. 2008 Page 4 of 17
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`18.
`
`On October 6, 2015, the United States Patent and Trademark Office duly and
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`legally issued United States Patent No. 9,153,835 (“the ’835 Patent”), entitled “Button Cells and
`
`Method for Producing Same” to the listed inventors Eduard Pytlik, Jürgen Lindner, Ulrich
`
`Barenthin, and Winfried Gaugler, all of Ellwangen, Germany. VARTA is the assignee and
`
`owner of all right, title, and interest in the ’835 Patent, including the right to sue for and recover
`
`all past, present, and future damages and to seek injunctive relief for infringement of the ’835
`
`Patent. A true and correct copy of the ’835 Patent is attached hereto as Exhibit A.
`
`19.
`
`On November 15, 2016, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 9,496,581 (“the ’581 Patent”), entitled “Button Cells and
`
`Method of Producing Same” to the listed inventors Eduard Pytlik, Jürgen Lindner, Ulrich
`
`Barenthin, and Winfried Gaugler, all of Ellwangen, Germany. VARTA is the assignee and
`
`owner of all right, title, and interest in the ’581 Patent, including the right to sue for and recover
`
`all past, present, and future damages and to seek injunctive relief for infringement of the ’581
`
`Patent. A true and correct copy of the ’581 Patent is attached hereto as Exhibit B.
`
`20.
`
`On October 24, 2017, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 9,799,913 (“the ’913 Patent”), entitled “Button Cells and
`
`Method of Producing Same” to the listed inventors Eduard Pytlik, Jürgen Lindner, Ulrich
`
`Barenthin, and Winfried Gaugler, all of Ellwangen, Germany. VARTA is the assignee and
`
`owner of all right, title, and interest in the ’913 Patent, including the right to sue for and recover
`
`all past, present, and future damages and to seek injunctive relief for infringement of the ’913
`
`Patent. A true and correct copy of the ’913 Patent is attached hereto as Exhibit C.
`
`21.
`
`The ’835 Patent, ’581 Patent, and ’913 Patent each claim priority to International
`
`Patent Application PCT/EP2010/000787 filed on February 9, 2010 on behalf of VARTA, which
`
`VARTA Ex. 2008 Page 5 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 6 of 17 PageID #: 6
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`in turn claims priority to three applications filed in Germany: Application No. DE 10 2009 008
`
`859 filed February 9, 2009, Application No. DE 10 2009 030 359 filed June 18, 2009, and
`
`Application No. DE 10 2009 060 788 filed December 22, 2009.
`
`22.
`
`On October 24, 2017, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 9,799,858 (“the ’858 Patent”), entitled “Button Cell
`
`having Winding Electrode and Method for the Production Thereof” to inventor Winfried Gaugler
`
`of Ellwangen, Germany. VARTA is the assignee and owner of all right, title, and interest in the
`
`’858 Patent, including the right to sue for and recover all past, present, and future damages and to
`
`seek injunctive relief for infringement of the ’858 Patent. A true and correct copy of the ’858
`
`Patent is attached hereto as Exhibit D.
`
`23.
`
`The ’858 Patent claims priority to International Patent Application
`
`PCT/EP2010/058637 filed on June 18, 2010, which in turn claim priority to two application filed
`
`in Germany: Application No. DE 10 2009 030 359 filed on June 18, 2009 and Application No.
`
`DE 10 2009 060 800 filed on December 31, 2009.
`
`THE INFRINGING PRODUCTS
`
`24.
`
`On information and belief, Audio Partnership sells and offers for sale in the
`
`United States and/or imports into the United States products with infringing microbatteries
`
`including batteries from MIC-Power of China bearing the part number M1254S2 found in
`
`products such as, for example, wireless earphones by Cambridge Audio under the name
`
`Melomania 1.
`
`VARTA Ex. 2008 Page 6 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 7 of 17 PageID #: 7
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`
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`(source: https://www.cambridgeaudio.com/usa/en/products/melomania-1/replacement-earbuds)
`
`
`25.
`
`The microbatteries provide a source of rechargeable power for the wireless
`
`earphones and other electronic devices in which they are included.
`
`26.
`
`The M1254S2 battery includes a housing cup with a flat bottom area and a
`
`housing top with a flat top area as shown below.
`
`VARTA Ex. 2008 Page 7 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 8 of 17 PageID #: 8
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`MIC-Power Battery
`
`
`
`
`
`27.
`
`The M1254S2 batteries include an electrode-separator assembly within the
`
`
`
`
`
`
`
`housing having a positive electrode and a negative electrode in the form of flat layers connected
`
`to and separated by a flat separator.
`
`28.
`
`The electrode-separator assembly of the M1254S2 batteries are in the form of a
`
`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
`
`flat top area so that the electrodes are aligned essentially at right angles to the flat bottom area
`
`and the flat top area when the housing cup and housing top are closed.
`
`29.
`
`Audio Partnership d/b/a Cambridge Audio, without license or authorization, has
`
`sold and offered to sell and continues to sell and offers to sell in the United States and/or imports
`
`into the United States infringing products having at least the M1254S2 batteries.
`
`30.
`
`Audio Partnership d/b/a Cambridge Audio has infringed and continues to infringe
`
`by selling and offering to sell in the United States and/or importing into the United States
`
`infringing products having at least the M1254S2 batteries.
`
`VARTA Ex. 2008 Page 8 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 9 of 17 PageID #: 9
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`COUNT I: INFRINGEMENT OF THE ’835 PATENT
`
`31.
`
`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
`
`its Complaint as if fully set forth herein.
`
`32.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claim 1 of the ’835 Patent under 35 U.S.C. § 271(a) by selling in, offering to sell
`
`in, and/or importing into the United States infringing products having at least the M1254S2
`
`batteries.
`
`33. More particularly, the M1254S2 batteries have a housing cup and a housing top
`
`separated from one another by an electrically insulating seal to form a housing with a flat bottom
`
`area and a flat top area.
`
`34.
`
`The M1254S2 batteries have an electrode-separator assembly within the housing
`
`with a positive and a negative electrode in the form of flat layers and that are connected to one
`
`another by a flat separator.
`
`35.
`
`The M1254S2 batteries have an electrode-separator assembly where the electrode
`
`layers are aligned essentially at right angles to the flat bottom area and the flat top area and the
`
`housing cap and the housing top are closed without being beaded over.
`
`36.
`
`The M1254S2 batteries have an electrode-separator assembly in the form of a
`
`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
`
`flat top area.
`
`37.
`
`The M1254S2 batteries have an insulator arranged between the end faces of the
`
`spiral winding and the housing cup and the housing top.
`
`38.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claim 10 of the ’835 Patent under 35 U.S.C. § 271(g) by importing into and/or
`
`VARTA Ex. 2008 Page 9 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 10 of 17 PageID #: 10
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`selling in the United States infringing products having at least the M1254S2 batteries which are
`
`made by a process that involves each and every step set forth in at least claim 10.
`
`39.
`
`On information and belief, the M1254S2 batteries are produced by inserting an
`
`electrode-separator assembly with electrodes in the form of a flat layer into the housing such that
`
`the electrode layers are aligned essentially at right angles to the flat bottom and top areas.
`
`40.
`
`Audio Partnership is not and has never been licensed or authorized to commit the
`
`acts described above with respect to any claim of the ’835 Patent.
`
`41.
`
`As a result of Audio Partnership’s infringement of the ’835 Patent, VARTA has
`
`suffered and continues to suffer damages, in an amount to be determined, of at least a reasonable
`
`royalty and/or lost profits due to lost sales, profits, and potential sales that VARTA would have
`
`made but for Audio Partnership’s infringing acts.
`
`42.
`
`VARTA has been, and will continue to be, damaged by Audio Partnership’s
`
`infringement of the ’835 Patent and will suffer irreparable injury unless the infringement is
`
`enjoined by this Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
`
`COUNT II: INFRINGEMENT OF THE ’581 PATENT
`
`43.
`
`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
`
`its Complaint as if fully set forth herein.
`
`44.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claim 1 of the ’581 Patent under 35 U.S.C. § 271(a) by selling in, offering to sell
`
`in, and/or importing into the United States infringing products having at least the M1254S2
`
`batteries.
`
`45. More particularly, the M1254S2 batteries have a housing cup and a housing top
`
`separated from one another by an electrically insulating seal to form a housing with a flat bottom
`
`area and a flat top area.
`
`VARTA Ex. 2008 Page 10 of 17
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`

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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 11 of 17 PageID #: 11
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`46.
`
`The M1254S2 batteries have an electrode-separator assembly within the housing
`
`with a positive and a negative electrode in the form of flat layers and that are connected to one
`
`another by a flat separator.
`
`47.
`
`The M1254S2 batteries have an electrode-separator assembly where the electrode
`
`layers are aligned essentially at right angles to the flat bottom area and the flat top area.
`
`48.
`
`The M1254S2 batteries have an electrode-separator assembly in the form of a
`
`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
`
`flat top area.
`
`49.
`
`The M1254S2 batteries have one of the electrodes that connects to the flat bottom
`
`area or the flat top area via an output conductor comprising a foil resting flat between an end face
`
`of the spiral winding and the flat top or the flat bottom area to which it is connected.
`
`50.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claim 10 of the ’581 Patent under 35 U.S.C. § 271(g) by importing into and/or
`
`selling in the United States infringing products having at least the M1254S2 batteries which are
`
`made by a process that involves each and every step set forth in at least claim 10.
`
`51.
`
`On information and belief, the M1254S2 batteries are produced with the
`
`electrode-separator inserted into the housing such that the electrodes are aligned at essentially
`
`right angles to the flat bottom area and the flat top area.
`
`52.
`
`Audio Partnership is not and has never been licensed or authorized to commit the
`
`acts described above with respect to any claim of the ’581 Patent.
`
`53.
`
`As a result of Audio Partnership’s infringement of the ’581 Patent, VARTA has
`
`suffered and continues to suffer damages, in an amount to be determined, of at least a reasonable
`
`VARTA Ex. 2008 Page 11 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 12 of 17 PageID #: 12
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`royalty and/or lost profits due to lost sales, profits, and potential sales that VARTA would have
`
`made but for Audio Partnership’s infringing acts.
`
`54.
`
`VARTA has been, and will continue to be, damaged by Audio Partnership’s
`
`infringement of the ’581 Patent and will suffer irreparable injury unless the infringement is
`
`enjoined by this Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
`
`COUNT III: INFRINGEMENT OF THE ’913 PATENT
`
`55.
`
`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
`
`its Complaint as if fully set forth herein.
`
`56.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claims 1, 4, and 6 of the ’913 Patent under 35 U.S.C. § 271(a) by selling in,
`
`offering to sell in, and/or importing into the United States infringing products having at least the
`
`M1254S2 batteries.
`
`57. More particularly, the M1254S2 batteries have a housing cup and a housing top
`
`separated from one another by an electrically insulating seal to form a housing with a flat bottom
`
`area and a flat top area.
`
`58.
`
`The M1254S2 batteries have an electrode-separator assembly within the housing
`
`with a positive and a negative electrode in the form of flat layers and that are connected to one
`
`another by a flat separator.
`
`59.
`
`The M1254S2 batteries have an electrode-separator assembly where the electrode
`
`layers are aligned essentially at right angles to the flat bottom area and the flat top area.
`
`60.
`
`The M1254S2 batteries have an electrode-separator assembly in the form of a
`
`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
`
`flat top area.
`
`VARTA Ex. 2008 Page 12 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 13 of 17 PageID #: 13
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`61.
`
`The M1254S2 batteries have an electrode-separator assembly where at least one
`
`of the electrodes connects to the flat bottom area or flat top area by an output connector
`
`comprising a foil resting between the end faces of the spiral winding and the flat top or bottom
`
`areas.
`
`62.
`
`The M1254S2 batteries have an insulator arranged between the end faces of the
`
`spiral winding and the housing cup and the housing top preventing direct mechanical and
`
`electrical contact.
`
`63.
`
`The M1254S2 batteries have at least one flat layer composed of plastic preventing
`
`direct mechanical and electrical contact between the end faces of the winding and the flat bottom
`
`and flat top areas.
`
`64.
`
`Audio Partnership is not and has never been licensed or authorized to commit the
`
`acts described above with respect to any claim of the ’913 Patent.
`
`65.
`
`As a result of Audio Partnership’s infringement of the ’913 Patent, VARTA has
`
`suffered and continues to suffer damages, in an amount to be determined, of at least a reasonable
`
`royalty and/or lost profits due to lost sales, profits, and potential sales that VARTA would have
`
`made but for Audio Partnership’s infringing acts.
`
`66.
`
`VARTA has been, and will continue to be, damaged by Audio Partnership’s
`
`infringement of the ’913 Patent and will suffer irreparable injury unless the infringement is
`
`enjoined by this Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
`
`COUNT IV: INFRINGEMENT OF THE ’858 PATENT
`
`67.
`
`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
`
`its complaint as if fully set forth herein.
`
`VARTA Ex. 2008 Page 13 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 14 of 17 PageID #: 14
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`68.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claim 1 of the ’858 Patent under 35 U.S.C. § 271(a) by selling in, offering to sell
`
`in, and/or importing into the United States infringing products having at least the M1254S2
`
`batteries.
`
`69. More particularly, the M1254S2 batteries include two metal housing halves
`
`separated from one another by an electrically insulating seal forming a housing having a plane
`
`bottom region and a plane top region.
`
`70.
`
`The M1254S2 batteries include an electrode-separator assembly having one
`
`positive electrode and one negative electrode in the housing in the form of a winding, the lateral
`
`ends of which face in a direction of the plane bottom region and the plane top region such that
`
`the layers of the winding are oriented essentially orthogonal to the plane bottom region and the
`
`plane top region.
`
`71.
`
`The M1254S2 batteries include metal conductors electrically coupled to the
`
`positive electrode and the negative electrode and, respectively, to one of the housing halves.
`
`72.
`
`73.
`
`The M1254S2 batteries include a height-to-diameter ratio of less than one.
`
`In the M1254S2 batteries, one of the conductors is a metal foil and connects to the
`
`respective housing half with a weld bead or weld spot passing through and originating from the
`
`outer side of the housing and the metal foil connects to the respective housing half by bearing
`
`flat on one lateral end side of the electrode-separator assembly winding and is shielded from the
`
`lateral ends sides of the winding by insulting elements.
`
`74.
`
`On information and belief, Audio Partnership has infringed and continues to
`
`infringe at least claim 9 of the ’858 Patent under 35 U.S.C. § 271(g) by importing into and/or
`
`VARTA Ex. 2008 Page 14 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 15 of 17 PageID #: 15
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`selling in the United States infringing products having at least the M1254S2 batteries which are
`
`made by a process that involves each and every step set forth in at least claim 9.
`
`75.
`
`On information and belief, the M1254S2 batteries are produced by providing first
`
`and second metal housing halves, placing an electrode-separator assembly including a positive
`
`electrode and a negative electrode in one of the housing halves with a metal conductor bonded to
`
`at least one of the electrodes, assembling the two housing halves together, and laser welding the
`
`conductor to the metal housing half.
`
`76.
`
`Audio Partnership is not and has never been licensed or authorized to commit the
`
`acts described above with respect to any claim of the ’858 Patent.
`
`77.
`
`As a result of Audio Partnership’s infringement of the ’858 Patent, VARTA has
`
`suffered and continues to suffer damages, in an amount to be determined, of at least a reasonable
`
`royalty and/or lost profits due to lost sales, profits, and potential sales that VARTA would have
`
`made but for Audio Partnership’s infringing acts.
`
`78.
`
`VARTA has been, and will continue to be, damaged by Audio Partnership’s
`
`infringement of the ’858 Patent and will suffer irreparable injury unless the infringement is
`
`enjoined by this Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, VARTA prays for judgment on the Complaint as follows:
`
`A.
`
`A judgement declaring that Audio Partnership is liable for infringement of the
`
`’835 Patent, the ’581 Patent, the ’913 Patent, and the ’858 Patent;
`
`B.
`
`An award to VARTA and against Audio Partnership of compensatory damages
`
`for infringement of the ’835 Patent, the ’581 Patent, the ’913 Patent, and the ’858 Patent together
`
`with all pre-judgment and post-judgment interest;
`
`VARTA Ex. 2008 Page 15 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 16 of 17 PageID #: 16
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`C.
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`Entry of a preliminary and/or permanent injunction against Audio Partnership
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`pursuant to 35 U.S.C. § 283 and/or the equitable powers of the Court to prevent further
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`infringement of the ’835 Patent, the ’581 Patent, the ’913 Patent, and the ’858 Patent;
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`D.
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`A declaration that this is an exceptional case within the meaning of 35 U.S.C. §
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`285 and an award to VARTA of its reasonable attorneys’ fees; and
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`E.
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`An award of any and all other relief as this Court may deem just and proper under
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`the circumstances.
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`JURY DEMAND
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`Pursuant to Rule 38(B) of the Federal Rules of Civil Procedure, VARTA requests a trial
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`by jury on all triable issues.
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`VARTA Ex. 2008 Page 16 of 17
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`Case 2:20-cv-00138 Document 1 Filed 05/04/20 Page 17 of 17 PageID #: 17
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`Dated: May 4, 2020
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`Respectfully submitted,
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`/s/ Andrew W. Stinson
`H. Michael Hartmann (pro hac vice
`forthcoming)
`IL State Bar No. 1146130
`Wesley O. Mueller (pro hac vice forthcoming)
`IL State Bar No. 6199650
`Robert T. Wittmann (pro hac vice forthcoming)
`IL State Bar No. 6273264
`J. Karl Gross (pro hac vice forthcoming)
`IL State Bar No. 6275041
`LEYDIG, VOIT & MAYER, LTD.
`Two Prudential Plaza
`180 North Stetson Avenue, Suite 4900
`Chicago, IL 60601
`312-616-5600
`312-616-5700 fax
`mhartmann@leydig.com
`wmueller@leydig.com
`bwittmann@leydig.com
`kgross@leydig.com
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`Andrew W. Stinson
`State Bar No. 24028013
`RAMEY & FLOCK, PC
`100 E. Ferguson Street, Suite 404
`Tyler, TX 75702
`903-597-3301
`903-597-2413 fax
`andys@rameyflock.com
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`Attorneys for VARTA Microbattery GmbH
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`VARTA Ex. 2008 Page 17 of 17
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