Case 8:19-cv-02192-GW-AS Document 1 Filed 11/12/19 Page 1 of 6 Page ID #:1
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`John P. Schnurer, Bar No. 185725
`JSchnurer@perkinscoie.com
`Yun (Louise) Lu, Bar No. 253114
`LLu@perkinscoie.com
`Kyle R. Canavera, Bar No. 314664
`KCanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`Telephone: 858.720.5700
`Facsimile: 858.720.5799
`Attorneys for Plaintiffs
`TCT MOBILE (US) INC. AND HUIZHOU TCL
`MOBILE COMMUNICATION CO. LTD.
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`TCT MOBILE (US) INC. AND
`HUIZHOU TCL MOBILE
`COMMUNICATION CO. LTD.,
`Plaintiffs,
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`v.
`ANCORA TECHNOLOGIES, INC.,
`Defendant.
`
`Case No.: 8:13-cv-2192
`COMPLAINT FOR
`DECLARATORY JUDGMENT
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`DEMAND FOR JURY TRIAL
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`Case 8:19-cv-02192-GW-AS Document 1 Filed 11/12/19 Page 2 of 6 Page ID #:2
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`Plaintiffs TCT Mobile (US) Inc. (“TCT US”) and Huizhou TCL Mobile
`Communication Co. Ltd. (“Huizhou TCL”) (collectively “TCL”) hereby bring this
`Complaint for Declaratory Judgment against Defendant Ancora Technologies, Inc.
`(“Ancora”), and states as follows:
`NATURE OF THE CASE
`1.
`TCL seeks a declaratory judgment that TCL does not infringe U.S.
`Patent No. 6,411,941 (the “’941 Patent”). A true and correct copy of the ’941
`Patent is attached as Exhibit A.
`2.
`This relief is necessary because Ancora filed a lawsuit alleging that
`TCL products are used in infringement of the ’941 Patent in a case captioned
`Ancora Technologies, Inc. v. TCL Corp., No. 4:19-cv-00624 (E.D. Tex.) (Amended
`Complaint filed Sept. 12, 2019) (the “Texas Lawsuit”). A true and correct copy of
`the Amended Complaint from the Texas Lawsuit is attached as Exhibit B. Ancora
`accuses the following entities of infringement in the Texas Lawsuit: TCL Corp.;
`TCL Communication Ltd.; TCL Communication Technology Holdings Ltd.; TCT
`Mobile International Ltd.; TCT Mobile, Inc.; TCT Mobile (US) Inc.; and TCT
`Mobile (US) Holdings Inc. Most of the defendants in the Texas Lawsuit are not
`involved with the manufacture, use, sale, or offer for sale of the accused TCL
`products in the United States or importation of the accused TCL products into the
`United States.
`3.
`The TCL products accused in the Texas Lawsuit are manufactured by
`Huizhou TCL. Huizhou TCL is not a defendant in the Texas Lawsuit.
`4.
`The TCL products accused in the Texas Lawsuit are imported into the
`United States by TCT US. While TCT US is a defendant in the Texas Lawsuit,
`venue there is improper under the statute governing venue in actions for patent
`infringement, 28 U.S.C. § 1400(b).
`5.
`TCL does not infringe the ’941 Patent. Therefore, a substantial,
`continuing, and justiciable controversy exists between TCL and Ancora.
`COMPLAINT FOR
`-1- Case No. 8:13-cv-2192
`DECLARATORY JUDGMENT
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`Case 8:19-cv-02192-GW-AS Document 1 Filed 11/12/19 Page 3 of 6 Page ID #:3
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`THE PARTIES
`6.
`Huizhou TCL is a company organized and existing under the laws of
`China with its principal place of business at No. 86 Hechang Qi Lu Xi, Zhongkai
`Gaoxin District, Huizhou City, Guandong Province, P.R. China.
`7.
`TCT US is a corporation organized and existing under the laws of
`Delaware with its principal place of business at 25 Edelman, Suite 200, Irvine,
`California, 92618.
`8.
`On information and belief, Ancora Technologies, Inc. is a corporation
`organized and existing under the laws of Delaware with its principal place of
`business at 23977 S.E. 10th Street, Sammamish, Washington 98075. Ancora may
`be served via its registered agent, Harvard Business Services, Inc., 16192 Coastal
`Hwy., Lewes, DE 19958.
`JURISDICTION AND VENUE
`9.
`This Court has subject matter jurisdiction over this action under
`28 U.S.C. §§ 2201, 2202, 1331, and 1338(a), because this action arises under the
`laws of the United States, in particular the Patent Act of the United States,
`35 U.S.C. § 100 et seq., and seeks relief under the Federal Declaratory Judgment
`Act.
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`10. Venue is proper in this district pursuant to at least 28 U.S.C. § 1391(b),
`because a substantial part of the events at issue in this action is whether TCT US
`commits acts of infringement in the United States, and TCT US has its principal
`place of business in this district.
`11. This Court has personal jurisdiction over Ancora at least because:
`Ancora has waived any challenge to personal jurisdiction by bringing lawsuits in
`this Court asserting the ’941 Patent against other parties, see Ancora Techs., Inc. v.
`Apple, Inc., No. 2:10-cv-10045 (C.D. Cal.) (complaint filed Dec. 29, 2010), Ancora
`Techs., Inc. v. Toshiba Am. Info. Sys., Inc., No. 8:08-cv-00626 (C.D. Cal.)
`(complaint filed June 6, 2008); and Ancora served process on TCT US and other
`COMPLAINT FOR
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`Case No. 8:13-cv-2192
`DECLARATORY JUDGMENT
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`Case 8:19-cv-02192-GW-AS Document 1 Filed 11/12/19 Page 4 of 6 Page ID #:4
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`defendants in California pursuit to the Texas Lawsuit, see Ancora Techs., Inc. v.
`TCL Corp., No. 4:19-cv-00624 (E.D. Tex.), Dkt. Nos. 18–20.
`12. An actual controversy exists between TCL and Ancora due to
`Ancora’s assertion of the ’941 Patent against TCL in the Texas Lawsuit.
`FACTUAL BACKGROUND
`13.
`In the Texas Lawsuit, Ancora alleges that the following TCL products
`are used in infringement of the ’941 Patent: Alcatel 3c/33x/3v/3L; Alcatel
`1c/1x/1/1t7/1T10; Alcatel A3/A3XL/A7XL/A7/A2XL/A3A; Alcatel A5; Alcatel
`IDOL 4/4S/5; Alcatel POP 4/4S/4PLUS; Alcatel PIXI 4(4)/4(5)/4(6); Blackberry
`KeyONE; and Blackberry Key2 (“Accused Products”).
`14. All of the Accused Products are manufactured only by Huizhou TCL.
`As indicated in TCL’s most recent publicly available annual report, a true and
`correct copy of which is attached as Exhibit C, Huizhou TCL is the only TCL entity
`whose principal activities include manufacturing. See Exhibit C at p. 11.
`15.
`In the Texas Lawsuit, Ancora accuses TCT US, inter alia, of
`infringing the ’941 Patent by making, using, selling, and/or offering to sell in the
`United States or importing into the United States the Accused Products. But venue
`is improper as to TCT US in the Texas Lawsuit, because TCT US neither resides in
`nor has a regular and established place of business in the Eastern District of Texas.
`See 28 U.S.C. § 1400(b). TCT US does reside in the Central District of California,
`and this District would have been a proper venue for Ancora’s lawsuit.
`16. TCL contends that it has the right to make, use, sell, and/or offer to sell
`in the United States and import into the United States the Accused Products.
`COUNT I
`(DECLARATORY JUDGMENT OF NON-INFRINGEMENT)
`17. TCL incorporates paragraphs 1 through 16 of this Complaint as if set
`forth fully herein.
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`COMPLAINT FOR
`DECLARATORY JUDGMENT
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`Case 8:19-cv-02192-GW-AS Document 1 Filed 11/12/19 Page 5 of 6 Page ID #:5
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`18. On information and belief, Ancora is the alleged owner of the ’941
`Patent with all applicable rights to license and assert the ’941 Patent. See Exhibit B
`at ¶ 25.
`19. As described previously, Ancora alleges that the Accused Products are
`used in infringement of the ’941 Patent, including asserting that TCT US infringes
`the ’941 Patent.
`20. However, TCL, through its making, using, selling, offering to sell,
`and/or importing of the Accused Products, does not infringe and has not infringed
`any claim of the ’941 Patent.
`21. Therefore, there is an actual, substantial, continuing, and justiciable
`controversy between TCL and Ancora regarding whether TCL infringes the ’941
`Patent.
`22. Accordingly, TCL is entitled to a declaratory judgment that TCL does
`not infringe, directly or indirectly, any claim of the ’941 Patent.
`PRAYER FOR RELIEF
`WHEREFORE, TCL respectfully prays for entry of judgment in its favor and
`against Ancora as follows:
`A.
`For judgment that TCL has not infringed and does not infringe any
`claim of the ’941 Patent;
`B.
`For a preliminary and permanent injunction precluding Ancora, its
`officers, directors, employees, agents, and all other persons acting in concert or
`participation with them from suing for infringement or otherwise asserting
`infringement of the ’941 Patent against TCL;
`C.
`For costs and reasonable attorneys’ fees incurred in connection with
`this and related actions;
`D.
`For a finding that this case is exceptional; and
`E.
`For such other and further relief as the Court deems just and proper.
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`COMPLAINT FOR
`DECLARATORY JUDGMENT
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`Case 8:19-cv-02192-GW-AS Document 1 Filed 11/12/19 Page 6 of 6 Page ID #:6
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`DEMAND FOR JURY TRIAL
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, TCL hereby
`demands a jury trial on all issues so triable.
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`DATED: November 12, 2019
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`PERKINS COIE LLP
`
`By: /s/ John P. Schnurer
`John P. Schnurer, Bar No. 185725
`JSchnurer@perkinscoie.com
`Yun (Louise) Lu, Bar No. 253114
`LLu@perkinscoie.com
`Kyle R. Canavera, Bar No. 314664
`KCanavera@perkinscoie.com
`
`Attorneys for Plaintiffs
`TCT MOBILE (US) INC. AND
`HUIZHOU TCL MOBILE
`COMMUNICATION CO. LTD.
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`
`COMPLAINT FOR
`DECLARATORY JUDGMENT
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`-5-
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`Case No. 8:13-cv-2192
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