Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 1 of 13
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`
`
`LAMBETH MAGNETIC STRUCTURES,
`LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`WESTERN DIGITAL CORPORATION,
`WESTERN DIGITAL TECHNOLOGIES,
`INC., WESTERN DIGITAL (FREMONT),
`INC., WESTERN DIGITAL (THAILAND)
`COMPANY LIMITED, WESTERN
`DIGITAL (MALAYSIA) SDN.BHD, and
`HGST, Inc.
`
`CIVIL ACTION NO. __________
`
`
`
`
`
`
`
`
`
`COMPLAINT AND DEMAND FOR TRIAL BY JURY
`
`Defendants.
`
`Plaintiff Lambeth Magnetic Structures, LLC. with a principal place of business at 1230
`
`Squirrel Hill Avenue, Pittsburgh, PA 15217 (“LMS”), alleges the following for its complaint
`
`against defendants Western Digital Corporation, Western Digital Technologies, Inc., Western
`
`Digital (Fremont), Inc., Western Digital (Thailand) Company Ltd., and Western Digital
`
`(Malaysia) SDN.BHD (collectively “Western Digital”), and HGST, Inc. (“HGST”).
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for infringement of United States Patent No. 7,128,988 (the
`
`“‘988 Patent”). The action arises under the laws of the United States related to patents, including
`
`35 U.S.C. § 281.
`
`PARTIES
`
`2.
`
`LMS is a limited liability company organized and existing under the laws of
`
`Pennsylvania, having its principal place of business at 1230 Squirrel Hill Avenue, Pittsburgh, PA
`
`15217.
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 2 of 13
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`3.
`
`Upon information and belief, Western Digital Corporation is a Delaware
`
`corporation with its principal place of business at 3355 Michelson Drive, Suite 100, Irvine, CA
`
`92612.
`4.
`
`Upon information and belief, Western Digital Technologies, Inc. is a Delaware
`
`corporation with its principal place of business at 3355 Michelson Drive, Suite 100, Irvine, CA
`
`92612. Upon information and belief, Western Digital Technologies is a wholly owned
`
`subsidiary of Western Digital Corporation.
`5.
`
`Upon information and belief, Western Digital (Fremont), Inc. is a Delaware
`
`corporation with its principal place of business at 44100 Osgood Rd, Fremont, CA 94539. Upon
`
`information and belief, Western Digital (Fremont), Inc. is a directly or indirectly wholly owned
`
`subsidiary of Western Digital Corporation, and it is involved in the research, development and
`
`fabrication of hard drive test systems, and heads for incorporation into hard drives.
`6.
`
`Upon information and belief, Western Digital (Thailand) Company Ltd. is a
`
`company organized under the laws of Thailand with its principal place of business at 140 Khlong
`
`Chik Bang Pa-in District, Phra Nakhon Si Ayutthaya 13160, Thailand. Upon information and
`
`belief, Western Digital (Thailand) Company Ltd. is directly or indirectly wholly owned
`
`subsidiary of Western Digital Corporation, and it is an agent for Western Digital Corporation,
`
`and is responsible for the manufacture of hard drives for Western Digital.
`7.
`
`Upon information and belief, Western Digital (Malaysia) SDN.BHD is a company
`
`organized under the laws of Malaysia with its principal place of business at Lot 3Jalan SS 8/6,
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`Sungei Way FIZ, Petaling Jaya, 47300, Petaling Jaya, Selangor, Malaysia. Upon information
`
`and belief, Western Digital (Malaysia) SDN.BHD is a directly or indirectly wholly owned
`
`subsidiary of Western Digital Corporation, and it is an agent for Western Digital Corporation,
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`and is responsible for the manufacture of hard drives for Western Digital.
`8.
`
`Upon information and belief, HGST is a Delaware corporation with its principal
`
`place of business at 3403 Yerba Buena Road, San Jose, CA 95135. HGST is a fully owned
`
`subsidiary of Western Digital Corporation.
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 3 of 13
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`JURISDICTION AND VENUE
`
`9.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a), because this action concerns infringement of a United States patent.
`10.
`
`This Court has personal jurisdiction over Western Digital at least by virtue of
`
`Western Digital regularly transacting or soliciting business in this District, and having committed
`
`one or more acts of infringement in this District. For example, through its website,
`
`store.wdc.com, Western Digital sells infringing hard drives directly to consumers throughout the
`
`United States, and in this District.
`11.
`
`This Court has personal jurisdiction over HGST at least by virtue of Western
`
`Digital regularly transacting or soliciting business in this District, and having committed one or
`
`more acts of infringement in this District. For example, through its website, HGST.com/how-to-
`
`buy, HGST directs consumers throughout the United States and in this District to online retailers
`
`who sell and ship its infringing products throughout the United States and in this District.
`12.
`
`Venue is proper under 28 U.S.C. §§ 1391 and 1400.
`
`BACKGROUND
`
`13.
`
`LMS is an entity formed to license patents invented by Dr. David N. Lambeth, a
`
`retired Carnegie Mellon professor and recognized pioneer in the area of materials science, and
`
`magnetic devices, specifically magnetic structures and devices for computer memory devices,
`
`including electronic hard disk drives (also referred to herein as “magnetic disk drives” or
`
`“HDD”).
`14.
`
`The ‘988 Patent, entitled “Magnetic Material Structures, Devices and Methods,”
`
`was issued on October 31, 2006. (A copy of the ‘988 Patent is attached hereto as Exhibit A)
`15.
`
`By assignment, LMS is the current owner of ‘988 Patent, which has the right to
`
`sue and recover damages for infringement thereof.
`16.
`
`The accurate storage and retrieval of data are critical to our information age.
`
`Every year, the amount of data that needs to be stored grows exponentially, requiring more and
`
`more capacity for individuals and companies alike. Much of the data are stored on hard disk
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 4 of 13
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`drives, both those that are internal to computers, and stand-alone external drives. Hence, hard
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`disk drive capacity continually needs to be increased.
`17.
`
`The shrinking of the physical size of the datum unit on the storage medium is
`
`essential to accommodate the growing need for data storage without increasing the physical size
`
`of the hard drives themselves. If data density were to not have increased over the years, it would
`
`have taken hard disk drives the size of a house to store a small music library. In order for this
`
`density to be continually increased the HDD magnetic medium must be sufficiently resistant to
`
`spontaneous changes of magnetic state. These materials are sometimes referred to as being
`
`magnetically hard, or having a high coercivity (resistance to change).
`18.
`
`The magnetic head (transducer) used to record the data in HDD is composed of
`
`various materials and structures, which play a vital role in determining the hard disk drive
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`storage capacity. It is important that the structures be as small as possible and the materials be
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`sufficiently potent to perform the required function of changing the states of the very small areas
`
`of the hard magnetic material on the platter, i.e., magnetic media or disk, when energized. At the
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`same time, these transducer materials must be sufficiently magnetically soft such that they relax
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`to a non-magnetized state and do not cause erasure of the data when the transducer is not
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`energized. This changing of the magnetized state on the magnetic disk, platter, is equivalent to
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`modifying or writing the 0’s and 1’s representing data stored on the platter.
`19.
`
`For ease of reference, but without limitation, as used herein, the reference to
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`“Hard Disk Drive Devices” shall include computers, electronic equipment, and hard disk drives
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`with magnetic heads and perpendicular magnetic recording media, including but not limited to:
`
`hard disk drives, including hard disk drives for inclusion in computers; stand-alone drives and
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`portable drives; laptop and desktop computers with hard disk drives; media players and sound or
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`video recording devices with hard disk drives; gaming systems with hard disk drives; servers and
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`enterprise storage computers; hard disk drive storage devices in automotive vehicles and
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`machinery; and other devices with hard disk drives, including the components such as recording
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`heads and media for such drives.
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 5 of 13
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`20.
`
`In connection with the ‘988 Patent, Dr. Lambeth invented a new magnetic
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`material structure for Hard Disk Drive Devices including the following elements:
`
`(1) a substrate;
`(2) at least one bcc-d layer which is magnetic, forming a uniaxial symmetry
`broken structure; and
`(3) at least one layer providing a (111) textured hexagonal atomic template
`disposed between said substrate and said bcc-d layer.
`Independent claim 1 of the ‘988 Patent claims the new magnetic material structure
`
`21.
`
`set forth above while independent claim 27 claims a magnetic device incorporating the new
`
`structure.
`22.
`
`This new magnetic structure allowed Hard Disk Drive Devices with greater
`
`capacity than before, but without an increase in their physical size. Thus, this structure was and
`
`continues to be instrumental to the ever-increasing miniaturization of computers and the
`
`concomitant increase of data storage capacity.
`
`FIRST CALIM FOR RELIEF
`Patent Infringement of United States Patent No. 7,128,988 By Western Digital
`23.
` The allegations stated in paragraphs 1-22 are incorporated by reference as though
`
`fully set forth herein.
`24. Western Digital designs and manufactures recording heads for high performance
`
`hard disk drives, which infringe the ‘988 Patent. The following are just a few infringing Western
`
`Digital models: 1TB HDD Model No.: WD10JPVX, which is representative of other Western
`
`Digital HDDs and solid state hybrid drives (“SSHD”), including, inter alia, internal PC/Mac
`
`desktop HDDs Model Nos. WD60EZRZ, WD50EZRZ, WD40EZRZ, WD30EZRZ, WD20EZRZ,
`
`WD10EZRZ, WD10EZEX, WD7500AZEX, WD5000AZLX, WD5000AAKX, WD3200AAKX,
`
`and WD2500AAKX; WD6001FZWX, WD5001FZWX, WD4003FZEX, WD3003FZEX,
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`WD2003FZEX, WD1003FZEX, WD5003AZEX, WD4001FAEX, WD3001FAEX,
`
`WD2002FAEX, WD1002FAEX; internal PC/Mac SSHD Model Nos. WD40E31X, WD10J31X;
`
`internal mobile HDD Model Nos. WD10SPCX, WD7500LPCX, WD5000LPCX,
`
`WD3200LPCX, WD2500LPCX, WD30NPVZ, WD20NPVZ, WD15NPVZ, WD7500BPKX,
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 6 of 13
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`WD5000LPVX, WD3200LPVX, and WD2500LPVX; internal mobile SSHD Model Nos.
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`WD40E31X and WD10J31X; Network Attached Storage (“NAS”) HDDs, including Model Nos.
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`WD80EFZX, WD60EFRX, WD50EFRX, and WD10JFCX; Datacenter Capacity HDDs,
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`including Model Nos. WD6002FRYZ, WD5001FXYZ, WD6001FSYZ, WD2004FBYZ,
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`WD3000FYYZ, WD200MFYYZ, WD5003ABYZ, WD1001FYYG, WD6001F9YZ,
`
`WD2000F9YZ, WD4000F9YZ, and WD6001F4PZ; gaming storage for Xbox Model No.
`
`WDBCRM0020BBK; External HDDs and SSHDs for PCs and Macs, including Model Nos.,
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`WDBFJK0080HBK, WDBFJK0020HBK, WDBLWE0160JCH, WDBLWE0060JCH,
`
`WDBLWE0040JCH, WDBWLG0050HBK, WDBWLG0020HBK, WDBYCC0080HBK,
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`WDBYCC0040HBK, WDBYCC0020HBK, WDBHML0040HAL, WDBHML0030HAL,
`
`WDBHML0020HAL, WDBUTV0080JSL, WDBUTV0040JSL, WDBDTB0160JSL,
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`WDBDTB0100JSL, WDBDTB0060JSL; external portable hard drives for PC and Mac,
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`including Model Nos. WDBU6Y0020BBK, WDBUZG0010BBK, WDBUZG5000ABK,
`
`WDBMWV0020BBK, WDBPGC5000ABK, WDBBUZ0020BBL, WDBMWV0020BRD,
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`WDBLNP5000ARD, WDBPGC5000ATT, WDBEZW0030BBA, WDBEZW0020BCG, and
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`WDBTYH0010BSL; and kits including any of these HDDs or SSHDs (hereinafter referred to as
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`“Accused Western Digital Drives”).
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 7 of 13
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`25.
`
`Each of the Accused Western Digital Drives includes at least one magnetic hard
`
`disk along with at least one recording head for writing data to the surface(s) of the magnetic hard
`
`disk.
`
`26.
`
`Each of the Accused Western Digital Drives includes at least one recording head
`
`made from Dr. Lambeth’s new magnetic material structure. In particular, each of the Accused
`
`Western Digital Drives includes a magnetic material structure with the following elements (or
`
`equivalents thereto):
`a substrate;
`at least one bcc-d layer which is magnetic, forming a uniaxial symmetry broken
`structure; and
`at least one layer providing a (111) textured hexagonal atomic template disposed
`between said substrate and said bcc-d layer.
`27. More specifically, the Accused Western Digital Drives use a magnetic layer made
`
`from at least iron cobalt (Fe,Co) or an FeCo alloy having a bbc-d structure and forming a
`
`uniaxial symmetry broken structure as claimed in the ‘988 patent.
`28.
`
`The Accused Western Digital Drives also use at least one layer of material made
`
`from Ruthenium (Ru) or some other seedlayer material, disposed between a substrate in the
`
`recording head and Dr. Lambeth’s magnetic layer having a uniaxial symmetry broken structure,
`
`as set forth above. This material facilitates the formation of Dr. Lambeth’s magnetic layer by
`
`providing a (111) textured hexagonal atomic template as claimed in the ‘988 patent.
`29.
`
`The magnetic material structures used in the Accused Western Digital Drives
`
`infringe at least claims 1 and 27 of the ‘988 patent, and dependent claims thereof, including
`
`claims 3, 6, 8, 17, 19, 28, and 29, literally or under the doctrine of equivalents. Therefore,
`
`Western Digital’s hard disk drives, and specifically, its magnetic recording heads, which
`
`incorporate these infringing structures, also infringe at least claims 1 and 27 of the ‘988 patent,
`
`and dependent claims thereof, including claims 3, 6, 8, 17, 19, 28, and 29.
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 8 of 13
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`30. Western Digital imports, makes, uses, sells, and offers to sell these magnetic
`
`heads. Therefore, Western Digital is in violation of 35 U.S.C. § 271(a), and has been and
`
`continues to directly infringe at least claims 1 and 27 of the ‘988 Patent, and dependent claims
`
`thereof, including claims 3, 6, 8, 17, 19, 28, and 29, literally or under the doctrine of equivalents,
`
`by making, using, selling, offering to sell, and/or importing magnetic heads that are incorporated
`
`in Hard Disk Drive Devices that are sold in the United States and this District, including but not
`
`limited to laptop computers, desktop computers (including Apple iMac), Xbox and Playstation
`
`game consoles, and servers.
`31.
`
`LMS has been damaged by Western Digital’s infringement of the ‘988 Patent, and
`
`is suffering and will continue to suffer irreparable harm and damage as a result of this
`
`infringement unless such infringement is enjoined by this Court.
`32.
`
`This action, therefore, is “exceptional” within the meaning of 35 U.S.C. § 285.
`
`SECOND CALIM FOR RELIEF
`Patent Infringement of United States Patent No. 7,128,988
`By HGST and Western Digital Corporation
` The allegations stated in paragraphs 1-32 are incorporated by reference as though
`
`33.
`
`fully set forth herein.
`34.
`
`HGST designs and manufactures recording heads for high performance hard disk
`
`drives, which infringe the ‘988 Patent. The following are just a few infringing HGST models:
`
`1TB HDD Model No.: H2T10003272S, which is representative of other HGST HDDs, including,
`
`inter alia, all 10TB and 8TB Ultrastar He10 models (both SATA and SAS models) including
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`Model
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`Nos.
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`HUH721010ALE600, HUH721008ALE600,
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`HUH721010ALN600,
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`HUH721008ALN600, HUH721010ALE601, HUH721008ALE601, HUH721010ALN601,
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`HUH721008ALN601, HUH721010ALE604, HUH721008ALE604, HUH721010ALN604,
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`HUH721008ALN604, HUH721010AL4200, HUH721008AL4200, HUH721010AL5200,
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`HUH721008AL5200, HUH721010AL4201, HUH721008AL4201, HUH721010AL5201,
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`HUH721008AL5201, HUH721010AL4204, HUH721008AL4204, HUH721010AL5204,
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 9 of 13
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`HUH721008AL5204, HUH721010AL4205, HUH721008AL4205, HUH721010AL5205, and
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`HUH721008AL5205; all 8TB and 6TB Ultrastar He8 models (both SATA and SAS models)
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`including Model Nos. HUH728080AL4200, HUH728060AL4200, HUH728080AL5200,
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`HUH728060AL5200, HUH728080AL4201, HUH728060AL4201, HUH728080AL5201,
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`HUH728060AL5201, HUH728080AL4204, HUH728060AL4204, HUH728080AL5204,
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`HUH728080ALE600, HUH728060ALE600, HUH728080ALN600, HUH728060ALN600,
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`HUH728080ALE601, HUH728080ALN601, HUH728080ALE604, HUH728060ALE604, and
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`HUH728080ALN604; all 6TB Ultrastar He6 models (both SATA and SAS models) including
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`Model Nos. HUS726060ALS640, HUS726060ALS641, HUS726060ALa640,
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`and
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`HUS726060ALA641; all 10TB Ultrastar Archive Ha10 models (both SATA and SAS models)
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`including
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`HMH7210A0ALE600,
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`HMH7210A0ALE601,
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`HMH7210A0ALE604,
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`HMH7210A0ALN600, HMH7210A0ALN601, HMH7210A0ALN604, HMH7210A0AL4600,
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`HMH7210A0AL4601, and HMH7210A0AL4604; all 6TB, 5TB, 4TB, and 2TB Ultrastar
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`7K6000 models (both SATA and SAS models) including Model Nos. HUS7260xxALN61y,
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`HUS7260xxALE61y, HUS7260xxALA61y, HUS7260xxAL421y, HUS7260xxAL521y, and
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`HUS7260xxALA621y; all 2TB, 3TB, and 4TB Ultrastar 7K4000 models (both SATA and SAS
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`models) including Model Nos. HUS724040ALE640, HUS724030ALE640, HUS724020ALE641,
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`HUS724020ALA640, HUS724040ALS641, HUS724030ALS640, HUS724030ALS641, and
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`HUS724020ALS641; All 1TB and 500GB Ultrastar A7K2000 models, including Model Nos.
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`HUA722010CLA630, and HUA722050CLA630; All 1TB Ultrastar C7K1000 models, including
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`Model Nos. HUC721010ASS600, and HUC721010ASS601; all 4TB MegaScale DC 4000.B
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`models, includingModel Nos. HMS5C4040BLE640, and HMS5C4040BLE641; all 1.8TB,
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`1.2TB, 900 GB, 600GB and 450GB Ultrastar C10K1800 models, including Model Nos.
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`HUC101812CSS20x, HUC101890CSS20x, HUC101860CSS20x, HUC101818CS420x,
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`HUC101812CS420x, HUC101890CS420x, and HUC101860CS420x; all 1.2TB Ultrastar
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`C10K1200 models, including Model Nos. HUC101212CSS600, and HUC101212CSS601; all
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`900GB, 600GB, and 450GB Ultrastar C10K900 models,
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`including Model Nos.
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`HUC109090CSS600, HUC109090CSS601, HUC109060CSS600, HUC109060CSS601,
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`HUC109045CSS600, and HUC109045CSS601; all 600GB and 450GB Ultrastar C15K600
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`models, including Model Nos. HUC156060CS420x, HUC156045CS420x, HUC156060CSS20x,
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`and HUC156045CSS20x; all 500GB Travelstar Z7500 models, including Model Nos.
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`HTS725050A7E630, HTS725050A7E631, HTS725050A7E635, and HTE725050A7E630; all
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`1TB and 750GB Travelstar Z5K1000 models, including Model Nos. HTS541010A7E630,
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`HTS541010A7E631, HTS541075A7E630, and HTS541075A7E63; all 1TB, 750GB, and 640GB
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`Travelstar 5K1000 models, including Model Nos. HTS541010A9E680, HTS541075A9E680,
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`HTS541064A9E680,
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`HTS541010A9E681,
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`HTS541075A9E681,
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`HTS541064A9E681,
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`HTE541010A9E680, HTE541075A9E680, and HTE541064A9E680; all 1TB and 750GB
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`Travelstar 7K1000 models, including Model Nos. HTS721010A9E630, HTS721010A9E631,
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`HTS721075A9E630, HTS721075A9E631, and HTE721010A9E630; all 500GB CinemaStar
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`Z5K500 models, including Model No. HCC725050A7E630; all 1TB, 750GB, and 640GB
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`CinemaStar Z5K100 models, including Model No. HCC545050A7E630; and all kits including
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`any of these HDDs, including Performance Drive Kits, NAS Desktop Drive Kits, Desktop Drive
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`Kits, and Mobile Drive Kits (Hereinafter referred to as “Accused HGST Drives”).
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 11 of 13
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`35.
`
`Each of the Accused HGST Drives includes at least one magnetic hard disk along
`
`with at least one recording head for writing data to the surface(s) of the magnetic hard disk.
`36.
`
`Each of the Accused HGST Drives includes at least one recording head made
`
`from Dr. Lambeth’s new magnetic material structure. In particular, each of the Accused HGST
`
`Drives includes a magnetic material structure with the following elements (or equivalents
`
`thereto):
`
`a substrate;
`at least one bcc-d layer which is magnetic, forming a uniaxial symmetry broken
`structure; and
`at least one layer providing a (111) textured hexagonal atomic template disposed
`between said substrate and said bcc-d layer.
`37. More specifically, the Accused HGST Drives use a magnetic layer made from at
`
`least iron cobalt (Fe,Co) or an FeCo alloy having a bbc-d structure and forming a uniaxial
`
`symmetry broken structure as claimed in the ‘988 patent.
`38.
`
`The Accused HGST Drives also use at least one layer of material made from
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`Nickel (Ni), Nickel alloy, or some other seedlayer material, disposed between a substrate in the
`
`recording head and Dr. Lambeth’s magnetic layer having a uniaxial symmetry broken structure,
`
`as set forth above. This material facilitates the formation of Dr. Lambeth’s magnetic layer by
`
`providing a (111) textured hexagonal atomic template as claimed in the ‘988 patent.
`39.
`
`The magnetic material structures used in the Accused HGST Drives infringe at
`
`least claims 1 and 27 of the ‘988 patent, and dependent claims thereof, including claims 6, 7, 9,
`
`11, and 13, literally or under the doctrine of equivalents. Therefore, HGST’s hard disk drives,
`
`and specifically, its magnetic recording heads, which incorporate these infringing structures, also
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`infringe at least claims 1 and 27 of the ‘988 patent, and dependent claims thereof, including
`
`claims 6, 7, 9, 11, and 13.
`40.
`
`HGST imports, makes, uses, sells, and offers to sell these magnetic heads.
`
`Therefore, HGST is in violation of 35 U.S.C. § 271(a), and has been and continues to directly
`
`infringe at least claims 1 and 27 of the ‘988 Patent, and dependent claims thereof, including
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 12 of 13
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`claims 6, 7, 9, 11, and 13, literally or under the doctrine of equivalents, by making, using, selling,
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`offering to sell, and/or importing magnetic heads that are incorporated in Hard Disk Drive
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`Devices that are sold in the United States and this District, including but not limited to laptop
`
`computers, desktop computers (including Apple and PC), and servers.
`41.
`
`LMS has been damaged by HGST’s infringement of the ‘988 Patent, and is
`
`suffering and will continue to suffer irreparable harm and damage as a result of this infringement
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`unless such infringement is enjoined by this Court.
`42.
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`This action, therefore, is “exceptional” within the meaning of 35 U.S.C. § 285.
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`JURY DEMAND
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`43.
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`LMS hereby demands a jury trial on all issues so triable.
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`REQUESTED RELIEF
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`WHEREFORE, LMS demands judgment as follows:
`A.
`B.
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`An order adjudging Western Digital and HGST to have infringed the ‘988 Patent;
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`A permanent injunction enjoining Western Digital and HGST with its respective
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`officers, agents, servants, employees, and attorneys, and all persons in active
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`concert or participation with any of them who receive actual notice of the order by
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`personal service or otherwise, from infringing the ‘988 Patent;
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`That this case is “exceptional” within the meaning of 35 U.S.C. § 285;
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`A full accounting for and an award of damages to LMS for Western Digital’s and
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`HGST’s infringement of the ‘988 Patent, including with pre- and post-judgment
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`interest;
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`An award of LMS’s reasonable attorneys’ fees, expenses, and costs; and
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`A grant of such other and further equitable or legal relief as this Court deems
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`proper.
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`C.
`D.
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`E.
`F.
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`Case 2:16-cv-00541-CB Document 1 Filed 05/02/16 Page 13 of 13
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`Dated: May 2, 2016
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`Respectfully submitted,
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`THE WEBB LAW FIRM
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`s/ John W. McIlvaine
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`
`John W. McIlvaine (PA ID No. 56773)
`Christian D. Ehret (PA ID No. 311984)
`One Gateway Center
`420 Ft. Duquesne Blvd., Suite 1200
`Pittsburgh, PA 15222
`412.471.8815
`412.471.4094 (fax)
`jmcilvaine@webblaw.com
`cehret@webblaw.com
`
`David C. Radulescu, Ph.D.
`Tigran Vardanian
`Etai Lahav
`Maria Granovsky, Ph.D.
`Michael Sadowitz
`RADULESCU LLP
`The Empire State Building
`350 Fifth Ave., Suite 6910
`New York, NY 10118
`T: (646) 502-5950
`F: (646) 502-5959
`david@radulescullp.com
`tigran@radulescullp.com
`etai@radulescullp.com
`maria@radulescullp.com
`mike@radulescullp.com
`
`Counsel for Plaintiff Lambeth Magnetic
`Structures, LLC
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` 13
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