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Case: 1:12-cv-08194 Document #: 1 Filed: 10/11/12 Page 1 of 4 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NEOCHLORIS, INC. Plaintiffs, v. NALCO COMPANY Defendant. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Neochloris, Inc. (Neochloris) complains of Defendant Nalco Company as follows: 1. This is a claim for patent infringement that arises under the patent laws of the JURY TRIAL DEMANDED Case No.

United States, Title 35 of the United States Code. This Court has original jurisdiction over the subject matter of this claim under 28 U.S.C. 1331 and 1338(a). 2. Neochloris is an Illinois corporation with offices at 3440 South Dearborn Street,

Suite 136-South, Chicago, IL 60616. Neochloris is a green technology start-up founded by Dr. Prasad S. Kodukula and Charles R. Stack that is dedicated to developing and commercializing their patent-pending algae bioreactor technology that facilitates capture and sequestration of carbon dioxide and production of biofuel. Neochloris was recognized as a Finalist in the 2012 Chicago Treasurers Business Plan Competition. Neochloris was also selected as First Alternate finalist in the 2012 Clean Energy Challenge, sponsored by the Clean Energy Trust. 3. On January 18, 2005, the United States Patent and Trademark Office granted U.S.

Patent No. 6,845,336, entitled "Water Treatment Monitoring System" and naming Prasad S. Kodukula and Charles R. Stack as the sole inventors (the "'336 Patent").

Case: 1:12-cv-08194 Document #: 1 Filed: 10/11/12 Page 2 of 4 PageID #:2

4.

Neochloris is the owner by assignment of all legal rights, title, and interest in and

to the '336 Patent. Neochloris has standing to sue for infringement of the '336 Patent. 5. Defendant Nalco Company (Nalco) is a Delaware corporation with corporate

headquarters at 1601 West Diehl Road, Naperville, IL 60563-1198. JURISDICTION AND VENUE 6. Nalco is a supplier of water, energy and air improvement solutions and services.

Nalco provides, makes, uses, sells and/or offers for sale water monitoring solutions, including Nalcos 3D TRASAR technology system, in this judicial district. Upon information and belief, Nalco also provides, uses, sells and/or offers for sale its 3D TRASAR technology system throughout the United States. 7. This Court has personal jurisdiction over Nalco because, among other things, it

transacts substantial business in this judicial district, including by using, selling, offering to sell and providing 3D TRASAR technology systems in this judicial district. In addition, Nalco is licensed to do business in Illinois and has committed acts of infringement in this judicial district. 8. Venue is proper in this district under 28 U.S.C. 1391(b)-(d) and 1400(b). INFRINGEMENT OF U.S. PATENT NO. 6,845,336 9. Nalco has infringed and continues to infringe the '336 Patent through the

foregoing activities including, without limitation, making, using, selling and/or offering for sale its 3D TRASAR technology system throughout the United States, including within this judicial district, in a manner that is covered by at least claims 1, 2, 3, 11 and 12 of the 336 Patent. Upon information and belief, Nalco also will have infringed the '336 Patent with actual notice of infringement as of the filing of this Complaint, by knowingly and actively inducing others to infringe and by contributing to the infringement of others by, for example, making, selling and offering to sell its 3D TRASAR technology system, and by instructing, aiding, assisting, -2-

Case: 1:12-cv-08194 Document #: 1 Filed: 10/11/12 Page 3 of 4 PageID #:3

advertising, promoting, providing for and encouraging the use of Nalcos 3D TRASAR technology system in a manner that infringes at least claims 1, 2, 3, 11 and 12 of the 336 Patent. 10. Nalcos infringing activities have injured Neochloris and Neochloris is entitled to

recover damages adequate to compensate for such infringement, but in no event less than a reasonable royalty. PRAYER FOR RELIEF WHEREFORE, Neochloris respectfully asks this Court to enter judgment against Defendant Nalco as well as its respective subsidiaries, successors, parents, affiliates, officers, directors, agents, servants and employees, and all persons in active concert or participation with Nalco, granting the following relief: A. B. The entry of judgment in favor of Neochloris and against Nalco; An award of damages adequate to compensate Neochloris for the infringement that has occurred, but in no event less than a reasonable royalty as permitted by 35 U.S.C. 284, together with prejudgment interest from the date the infringement began; C. Increased damages and/or attorneys' fees as permitted under 35 U.S.C. 284 and 285; D. Such other relief that Neochloris is entitled to under law, and any other and further relief that this Court or a jury may deem just and proper.

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Case: 1:12-cv-08194 Document #: 1 Filed: 10/11/12 Page 4 of 4 PageID #:4

JURY DEMAND Neochloris demands a trial by jury of all issues presented in this Complaint.

Respectfully submitted, /s/Paul K. Vickrey Paul K. Vickrey Arthur A. Gasey Laura A. Kenneally NIRO, HALLER & NIRO 181 W. Madison, Suite 4600 Chicago, IL 60602 (312) 236-0733 Fax: (312) 236-3137 Vickrey@nshn.com; Gasey@nshn.com; LKenneally@nshn.com; Attorneys for Plaintiffs

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