Anda di halaman 1dari 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION JOSEPH H.

MCCAIN Plaintiff, v. LORD CORPORATION Defendant.

No. ______________ JURY DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Joseph H. McCain (McCain), for his Complaint, alleges as follows: INTRODUCTION 1. This is an action brought by McCain against Lord Corporation (Lord

Corp. or Defendant) for Defendants infringement of a patent owned by McCain. In particular, Defendant has infringed U.S. Patent No. 8,373,559 (the 559 patent). This action arises under the patent laws of the United States, Title 35, United States Code. PARTIES 2. Plaintiff Joseph H. McCain is an inventor and a resident of the State of

Texas. He resides at 3762 Dove Creek, Celina, Texas 75009. 3. On information and belief, Defendant Lord Corp. is a Delaware

corporation with its principal place of business at 111 Lord Drive, Cary, North Carolina 27511-7923. Lord Corp. may be served through its registered agent for service of process: National Registered Agents, Inc., 350 N. St. Paul Street, Suite 2900, Dallas, Texas, 75201-4234.

ORIGINAL COMPLAINT

Page 1 of 7

JURISDICTION AND VENUE 4. Jurisdiction as to these claims is conferred on this Court by 28 U.S.C.

1331 and 1338(a). 5. and 1400(b). 6. This Court has personal jurisdiction over the Defendant. Defendant has Venue is proper in the Eastern District of Texas under 28 U.S.C. 1391

conducted and does conduct business within the State of Texas. Defendant, directly or through intermediaries (including distributors, retailers, and others), ships, distributes, offers for sale, sells, and advertises products in the United States, the State of Texas, and the Eastern District of Texas. Defendant purposefully and voluntarily sold one or more of their infringing products with the expectation that they would be purchased by consumers in the Eastern District of Texas. These infringing products have been and continue to be sold to consumers in the Eastern District of Texas. Defendant has

committed acts of patent infringement within the State of Texas and, more particularly, within the Eastern District of Texas. 7. and 1400(b). 8. McCain has standing to bring this action. BACKGROUND 9. herein. McCain incorporates by reference paragraphs 1-8 as if fully set forth Lord Corp. may be sued in this District under 28 U.S.C. 1391(b) (d)

ORIGINAL COMPLAINT

Page 2 of 7

10.

McCain is an inventor who has received multiple patents, including the

559 patent, from the United States Patent and Trademark Office related to his microelectronic devices with integrated energy sources. This novel invention is cuttingedge technology in the area of integrated energy harvesting and storage. It has broad application in the field of wireless sensing and energy harvesting technologies, including autonomous sensors and wireless mesh networking. 11. In particular, on February 12, 2013, United States Patent No. 8,373,559

entitled Microelectronic Device with Integrated Energy Source was duly and legally issued with Joseph McCain as the named inventor after a full and fair examination. McCain is the owner of all right, title, and interest in and to the 559 patent with full right to bring suit to enforce the patent, including the right to recover for past infringement damages and the right to recover future royalties, damages, and income. The 559 patent is attached hereto as Exhibit A. 12. The 559 patent is a continuation of application No. 12/467,703 filed on

May 18, 2009, now Pat. No. 7,989,936, which is a continuation of application No. 11/259,567, filed on October 25, 2005, now Pat. No. 7,557,433, and a continuation-inpart of application No. 10/685,825, filed on October 13, 2003, now Pat. No. 7,230,321. McCain is the inventor and sole owner of each of these patents. 13. 14. The 559 patent is valid and enforceable. To the extent required, if any, McCain has complied with 35 U.S.C. 287.

COUNT ONE: INFRINGMENT OF U.S. PATENT NO. 8,737,559 15. Upon information and belief, Defendant Lord Corp. has infringed and/or

continues to infringe the 559 patent. Lord Corp. is liable for direct infringement, either

ORIGINAL COMPLAINT

Page 3 of 7

literally or under the doctrine of equivalents, and indirect infringement of the 559 patent pursuant to, at least, 35 U.S.C. 271 (a) and (b). 16. Lord Corp. directly infringes the 559 patent. Specifically, Lord Corp.s

foregoing acts of infringement include infringement by making, using, selling, or offering for sale in or importing into the United States at least the following products: E-H Link Energy Harvesting Wireless Sensor Node (the E-H Link product), Lord Corp.s helicopter rotor monitoring system (the WSDA product), and other similar products, which perform substantially the same function(s) as the processes, systems, and methods embodied in one or more claims of the 559 patent in substantially the same way to achieve the same result. 17. At the very least, Lord Corp.s E-H Link product and the WSDA product

perform substantially the same function(s) as the processes, systems, and methods embodied in, at least, claims 3, 4, 6, 7, 8, 21, and 23 of the 559 patent. For example, the E-H Link product (1) has wireless capabilities, (2) a transceiver that receives a wireless signal to initiate a subsequent action based on a received signal, and (3) an energy harvester, an energy source, and/or at least one of an energy source and/or a multi-layer battery as taught by the 559 patent. 18. Based on information presently available to McCain, absent discovery,

and in the alternative and/or in addition to direct infringement, McCain contends that Lord Corp. has and continues to indirectly infringe, at least, claims 3, 4, 6, 7, 8, 21, and 23 of the 559 patent, by inducing others, including end-users of Lord Corp.s products including at least the E-H Link and WDSA products, to use infringing devices in violation of, at least, claims 3, 4, 6, 7, 8, 21, and 23 of the 559 patent.

ORIGINAL COMPLAINT

Page 4 of 7

19.

Lord Corp. has been on notice of the 559 patent no later than March 6,

2013, when McCain informed Lord Corp. of their infringement of the 559 patent. 20. On information and belief, since Lord Corp. has been on notice of the 559

patent, Lord Corp. has knowingly induced infringement of, at least, claims 3, 4, 6, 7, 8, 21, and 23 of the 559 patent, and possessed and continues to possess specific intent to encourage others infringement. 21. On information and belief, since Lord Corp. has been on notice of the 559

patent, Lord Corp. knew or should have known that its actions would induce actual infringement of the 559 patent, including at least claims 3, 4, 6, 7, 8, 21, and 23 of the 559 patent, by end users of Lord Corp.s products, including at least the E-H Link and WDSA products. 22. For example, since Lord Corp. has been on the notice of the 559 patent,

Lord Corp. has purposefully and voluntarily placed infringing products in the stream of commerce with the expectation that its products will be purchased by end-users in the United States, including end-users in the Eastern District of Texas, and used in a way that infringes at least claims 3, 4, 6, 7, 8, 21, and 23 of the 559 patent. 23. On information and belief, since Lord Corp. has been on notice of the 559

patent, Lord Corp. has provided support to the users of Lord. Corps products, including at least the E-H Link and WDSA products, in the United States, including users in the Eastern District of Texas. 24. Defendant Lord Corp. has been at no time, either expressly or impliedly,

licensed under the 559 patent.

ORIGINAL COMPLAINT

Page 5 of 7

25.

Defendant Lord Corp.s acts of infringement have caused damage to

McCain. McCain is entitled to recover from Lord Corp. the damages sustained by McCain as a result of the wrongful acts of Lord Corp. in an amount subject to proof at trial. 26. Defendant Lord Corp.s infringement of the 559 patent is exceptional and

entitles McCain to attorneys fees and costs incurred prosecuting this action under 35 U.S.C. 285. DEMAND FOR JURY TRIAL 27. Pursuant to FED. R. CIV. P. 38(b), McCain hereby demands a jury trial for

all issues so triable. PRAYER WHEREFORE, Plaintiff Joseph McCain prays for the following relief: a) That Defendant Lord Corp. be adjudged to have infringed the 559 patent, directly or indirectly by way of inducement, literally and/or under the doctrine of equivalents; b) An award of damages pursuant to 35 U.S.C. 284 sufficient to compensate McCain for the Defendants past, present, and future infringement; c) An award of supplemental damages to McCain for any continuing postverdict infringement up until final judgment; d) e) An accounting of damages; A judgment and order requiring Defendant Lord Corp. to pay to McCain pre-judgment and post-judgment interest on the damages awarded,

ORIGINAL COMPLAINT

Page 6 of 7

including an award of pre-judgment interest, pursuant to 35 U.S.C. 284, from the date of each act of infringement of the 559 patent by Defendant Lord Corp. to the day a damages judgment is entered, and a further award of post-judgment interest, pursuant to 28 U.S.C. 1961, continuing until such judgment is paid, at the maximum rate allowed by law; f) g) A finding that the 559 patent is not invalid and not unenforceable; An award of attorneys fees to McCain pursuant to 35 U.S.C. 285 or as otherwise permitted by law; h) i) An award to McCain for all costs of suit; and Such other and further relief as the Court deems just and equitable.

DATED: December 5, 2013

Respectfully submitted, THE JANIK LAW FIRM, PLLC /s/ Glenn Janik GLENN E. JANIK Texas State Bar No. 24036837 glenn@janiklawfirm.com One Energy Square 4925 Greenville Ave., Suite 200 Dallas, Texas 75206 Tel.: 214.390.9999 Fax: 214.824.5101 ATTORNEY FOR THE PLAINTIFF

ORIGINAL COMPLAINT

Page 7 of 7