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Cheetah Omni v. NP Photonics

Cheetah Omni v. NP Photonics

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00418: Cheetah Omni LLC v. NP Photonics, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8ts for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00418: Cheetah Omni LLC v. NP Photonics, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8ts for more info.

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Published by: PriorSmart on May 23, 2013
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12/06/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF EASTERN DISTRICT OF TEXASTYLER DIVISIONCHEETAH OMNI, LLC,
§§
CIVIL ACTION NO. 6:13-cv-418
Plaintiff, §§
vs.
§§§
NP PHOTONICS, INC.
§
JURY TRIAL DEMANDED
 §Defendant. §§
PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff Cheetah Omni, LLC (“Cheetah Omni”) files this Original Complaint for patentinfringement against Defendant NP Photonics, Inc. (“the Defendant”) and alleges as followsupon information and belief:
PARTIES
1. Plaintiff Cheetah Omni is a Texas limited liability company.2. Defendant NP Photonics, Inc. is a corporation organized and existing under thelaws of the State of Delaware, with its principal place of business located at UA Science &Technology Park, 9030 S. Rita Road, Suite 120, Tucson, AZ 85747. NP Photonics, Inc. is aresident of Delaware who engages in business in the State of Texas and this action arises, in part,out of the NP Photonics, Inc. business directed to and in the State of Texas. NP Photonics, Inc.is in the business of developing, delivering and supporting advanced defense, security andaerospace systems in the land, sea and air in interstate commerce and specifically does so in theEastern District of Texas. Upon information and belief, NP Photonics, Inc. is authorized to do
 
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 business in Texas and may be served with process by serving its registered agent CapitolServices, Inc., 1675 S. State St., Suite B, Dover, Delaware 19901.3. Defendant regularly conduct and transact business in Texas, throughout theUnited States, and within the Eastern District of Texas, itself and/or through one or more subsidiaries, affiliates, business divisions, or business units. Defendant can beserved with process through any of its registered agents including officers or directors.
JURISDICTION AND VENUE
4. This action arises under the patent laws of the United States, Title 35 of theUnited Stated Code. The Court’s jurisdiction over this action is proper under the above statutes,including 35 U.S.C. § 271
et seq.
, and 28 U.S.C. §§ 1331 and 1338(a).5. Personal jurisdiction exists generally over each Defendant because eachDefendant has sufficient minimum contacts with the forum as a result of business regularlyconducted within the State of Texas and within the Eastern District of Texas. Indeed, Defendant,directly or through subsidiaries or intermediaries, make, use, sell and offer for sale, the productsthat are the subject of this Complaint in the United States, the State of Texas,and the Eastern District of Texas. Personal jurisdiction also exists specifically over Defendantas a result of, at least, Defendant’s distribution network wherein Defendant, individually andcollectively, placed instrumentalities and provided services and applications that practice theclaimed inventions within the stream of commerce, which stream is directed at this district, and by committing the tort of patent infringement within the Eastern District of Texas.6. Venue is proper in this Court under 28 U.S.C. §§ 1391 (b)(2), (c), and 28 U.S.C. §1400(b).
 
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COUNT IINFRINGEMENT OF U.S. PATENT NO. 7,633,673
7. Plaintiff Cheetah Omni, LLC is the owner of all rights, title and interest in andunder United States Patent No. 7,633,673 (“‘673 patent”), titled “System And Method For Generating Infrared Light For Use In Medical Procedures,” which duly and legally issued onDecember 15, 2009. A true and correct copy of the ‘673 patent is attached hereto as Exhibit A.
8. The ‘673 patent is valid and enforceable. The ‘673 Patent is generally directed toa mid-infrared light source.9. All requirements under 35 U.S.C. § 287 have been satisfied with respect to the‘673 patent.10. On information and belief, Defendant NP Photonics has been and now isinfringing the ‘673 Patent in the State of Texas, in this judicial district, and elsewhere in theUnited States by making, using, importing, selling or offering to sell products that have amultiplexer for combining laser signals, a gain fiber, and first and second waveguide structure.On information and belief, examples of Defendant’s products that infringe the ‘673 Patentinclude, but are not limited to its SpectraChrome 1000. Defendant NP Photonics, is thus liablefor infringement of the ‘673 Patent pursuant to 35 U.S.C. § 271.11. As a result of this Defendant’s infringement of the ‘673 Patent, Cheetah Omni hassuffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Defendant’s infringing activities are enjoined by this Court.12. Unless a permanent injunction is issued enjoining this Defendant and its agents,servants, employees, representatives, affiliates, and all others acting on or in active concerttherewith from infringing the ‘673 Patent, Cheetah Omni will be greatly and irreparably harmed.

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