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Belden v. Nexans

Belden v. Nexans

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01722-SEB-MJD: Belden Inc v. Nexans Inc. Filed in U.S. District Court for the Southern District of Indiana, the Hon. Sarah Evans Barker presiding. See http://news.priorsmart.com/-l78k for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01722-SEB-MJD: Belden Inc v. Nexans Inc. Filed in U.S. District Court for the Southern District of Indiana, the Hon. Sarah Evans Barker presiding. See http://news.priorsmart.com/-l78k for more info.

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Published by: PriorSmart on Nov 23, 2012
Copyright:Public Domain

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02/01/2013

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- 1 -UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANAINDIANAPOLIS DIVISIONBELDEN INC.,Plaintiff,v.NEXANS INC.,Defendant.§§§§§§§§§§§Civil Action No. 1:12-cv-1722JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Belden Inc. (“Plaintiff” or “Belden”) for its Complaint against DefendantNexans Inc. (“Nexans” or “Defendant”), to the best of its knowledge, information and belief,hereby alleges as follows:
NATURE OF THE ACTION
1. This is an action for infringement of United States Patent Nos. 6,074,503,7,135,641, 7,663,061 and 7,977,575 (collectively, the “Patents-in-Suit”). As alleged herein,Nexans – individually, jointly and/or with others – has infringed (literally and/or by equivalents),and continues to infringe, Belden’s patent rights by making, using, importing, selling, and/oroffering to sell within the United States data communications cable products covered by one ormore patent claims, and/or by contributing to or inducing such infringement.
PARTIES
2. Plaintiff Belden is a Delaware corporation, having a place of business at 2200U.S. Highway 27 South, Richmond, Indiana 47374.
 
- 2 -3. On information and belief, Defendant Nexans is a Delaware corporation, havingits principal place of business at 132 White Oak Road, New Holland, Pennsylvania 17557.
JURISDICTION AND VENUE
4. This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has jurisdiction over the subject matter of this action pursuant to28 U.S.C. §§ 1331, 1332, 1338(a) and 1367.5. On information and belief, Nexans, independently, jointly, and/or at the directionof another, manufactures, and exports, sells, and/or offers to sell the data communications cablesthat are the subject of this action to customers in the United States, including customers in thisDistrict and elsewhere in Indiana.6. On information and belief, Nexans regularly does business or solicits business inthis District and in Indiana.7. On information and belief, Nexans engages in other persistent courses of conductand derives substantial revenue from products and/or services provided to individuals in thisDistrict and in Indiana.8. On information and belief, Nexans has purposefully established substantial,systematic, and continuous contacts with this District and should reasonably expect to be haledinto court here.9. The Court’s exercise of jurisdiction over Nexans will not offend traditionalnotions of fair play and substantial justice.10. Accordingly, personal jurisdiction over Nexans is proper in this District.11. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Nexans,without limitation, has committed acts of infringement in the State of Indiana and this District,
 
- 3 -Nexans does business in Indiana and in this District, and Nexans is subject to personal jurisdiction in this District.
COUNT I(Infringement of U.S. Patent No. 6,074,503)
12. Belden incorporates by reference the allegations in paragraphs 1 through 11 othis Complaint.13. Belden is the owner of United States Patent No. 6,074,503 (the “’503 Patent”)entitled “Making Enhanced Data Cable with Cross-Twist Cabled Core Profile,” and has the rightto sue on the ’503 Patent. A copy of the ’503 Patent is attached as Exhibit A.14. Defendant Nexans has infringed (literally and/or by equivalents), and iscontinuing to infringe, the ’503 Patent by making, using, importing, selling, and/or offering tosell data communications cable products manufactured by a method that is covered by one ormore of the ’503 Patent claims within the United States, and/or by contributing to or inducingsuch infringement.15. For example, on information and belief, Nexans – individually, jointly, and/orwith others – makes, uses, imports, sells and/or offers to sell within the United States infringingCategory 6 and above cables, including without limitation, for example, its “Berk-Tek LANmark-1000,” “Berk-Tek LANmark-2000,” “Berk-Tek LANmark-6 OSP,” “Berk-Tek 10GLD” and “LANmark-10G Augmented Category 6 Patch” cables.16. On information and belief, Defendant Nexans had knowledge of the ’503 Patentbefore the filing of this Complaint.17. Defendant Nexans’s infringement of the ’503 Patent is and has been willful, hascaused and will continue to cause Belden to suffer substantial damages, and has caused and will

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