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National Cheng Kung University v. Nokia Et. Al.

National Cheng Kung University v. Nokia Et. Al.

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Published by PatentBlast
National Cheng Kung University v. Nokia et. al.
National Cheng Kung University v. Nokia et. al.

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Published by: PatentBlast on Jun 07, 2013
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06/07/2013

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COMPLAINT FOR PATENT INFRINGEMENT
 – 
Page 1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONNATIONAL CHENG KUNG UNIVERSITY,Plaintiff,v.NOKIA CORPORATION andNOKIA, INC.,Defendants.
 
CIVIL ACTION NO. 2:13-cv-464JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
Plaintiff National Cheng Kung University
(“NCKU” or “Plaintiff”)
for its Complaint against Nokia Corporation and Nokia Inc.
(“
 Nokia
” or “
Defendants
”),
demands a trial by jury and allegesas follows:
PARTIES
1.
 
Plaintiff National Cheng Kung University is a higher education institution with a principal address of No. 1, University Road, Tainan, Taiwan, R.O.C.2.
 
On information and belief, Nokia Corporation is a Finnish corporation having its principal place of business at Keilalahdentie 2-4, FI-02150 Espoo, Finland. On information and belief, Nokia Corporation is a nonresident of Texas who engages in business in this state, butdoes not maintain a regular place of business in this state or a designated agent for service of  process in this state. On information and belief, Nokia Corporation resides in this jurisdictionwithin the meaning of 28 U.S.C. § 1400(b). This proceeding arises, in part, out of business donein this state. Nokia Corporation may be served with process in Finland pursuant to the HagueConvention on the Service Abroad of Judicial and Extrajudicial Documents, Article 1, November 
 
COMPLAINT FOR PATENT INFRINGEMENT
 – 
Page 2
15, 1965 T.I.A.S. No. 6638, 20 U.S.T. 361 (U.S. Treaty 1969). Nokia Corporation regularlyconducts and transacts business in Texas, throughout the United States, and within the NorthernDistrict of Texas, itself and/or through one or more subsidiaries, affiliates, business divisions, or  business units.3.
 
On information and belief, Nokia, Inc. is a Delaware corporation having its principal place of business at 6000 Connection Drive, Irving, Texas 75039. This Defendant isregistered to do business in Texas and has appointed National Registered Agents, Inc., 16055Space Center, Suite 235, Houston, TX 77062 as its agent for service of process. Nokia, Inc.regularly conducts and transacts business in Texas, throughout the United States, and within the Northern District of Texas, itself and/or through one or more subsidiaries, affiliates, businessdivisions, or business units.
JURISDICTION AND VENUE
4.
 
This action arises under the Patent Laws of the United States, namely, 35 U.S.C.§§ 1 et seq. This Court has exclusive subject matter jurisdiction over this action pursuant to 28U.S.C. §§ 1331 and 1338(a).5.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and (c) and/or 1400(b). On information and belief, Nokia have transacted business in this district, and havecommitted acts of patent infringement in this district, by the making, using, selling and/or offering for sale infringing products.6.
 
On information and belief, Nokia are
subject to this Court’s general and specific
 personal jurisdiction because: Nokia have minimum contacts within the State of Texas and theEastern District of Texas and, pursuant to due process and/or the Texas Long Arm Statute, Nokiahave purposefully availed themselves of the privileges of conducting business in the State of 
 
COMPLAINT FOR PATENT INFRINGEMENT
 – 
Page 3
Texas and in the Eastern District of Texas; Nokia regularly conduct and solicit business withinthe State of Texas and within the Eastern District of Texas; and causes of action arise directlyfrom Nokia
’s business contacts and other activities in the State of Texas and
in the EasternDistrict of Texas.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 7,418,131
7.
 
 NCKU is the owner of all rights, title and interest to United States Patent No.7,418,131 B2
(“the ‘
131
Patent”) entitled “
Image-Capturing Device and Method For RemovingStrangers From An Image
.” The ‘131
Patent was issued on August 26, 2008 after a full and fair examination by the United States Patent and Trademark Office. The application leading to the
‘131
Patent was filed on July 6, 2005. Attached as Exhibi
t “A” is a copy of the ‘131
Patent.8.
 
The
‘131
Patent is generally an image capturing device and method for removingstrangers from an image and more particularly, to an image-capturing device and method for comparing the captured image with an image database, removing an unwanted object from animage and filing the region left after removing the unwanted object.9.
 
On information and belief, Nokia have been and now are infringing the
‘131
 Patent in the State of Texas, in this judicial district, and elsewhere in the United States bymaking, using, importing, selling or offering to sell devices used to remove unwanted objectsfrom an image that incorporate methods, and system units according to the
‘131
Patent. Oninformation and belief, examples of 
 Nokia’
s products that infringe the
‘131
Patent include, butare not limited to, all Nokia products using image-capturing methods for removing an unwantedobject from an image, including the Nokia Lumina 925. Nokia is thus liable for infringement of 
the ‘131 Pat
ent pursuant to 35 U.S.C. § 271.

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