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ImmerVision v. CBC Et. Al.

ImmerVision v. CBC Et. Al.

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Published by PatentBlast
ImmerVision v. CBC et. al.
ImmerVision v. CBC et. al.

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Published by: PatentBlast on Jun 27, 2013
Copyright:Attribution Non-commercial

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06/27/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREIMMERVISION, INC. )))Plaintiff, ))vs. ) Civil Action No. ______________)CBC CO., LTD., AND )CBC (AMERICA) CORPORATION )) JURY TRIAL DEMANDED)))Defendants. )COMPLAINT
COMES NOW, plaintiff ImmerVision, Inc. (“ImmerVision”), by and through itsundersigned counsel, and for its complaint against the defendants, CBC Co., Ltd. (“CBC Co.”)and CBC (America) Corporation (“CBC America”) (collectively referred to herein as “CBCDefendants”), avers as follows:
NATURE OF THE ACTION
1.
 
This is a civil action arising under the laws of the United States, specifically for  patent infringement arising under the Patent Laws of the United States, Title 35 of the United States Code, §§ 1
et seq
.
THE PARTIES
2.
 
Plaintiff ImmerVision, Inc. is a Canadian corporation, assigned Canadian FederalCorporation Number 6115187, having a principal place of business at 2020 University Road,Suite 2320, Montreal, Quebec H3A 2A5, Canada.
 
 23.
 
Upon information and belief, defendant CBC Co., Ltd. is a Japanese corporationhaving a principal place of business at 2-15-13 Tsukishima, Shuo-ku, Tokyo, Japan 104-0052.4.
 
Upon information and belief, defendant CBC (America) Corporation is aDelaware corporation, and wholly owned subsidiary of CBC Co., Ltd., having a principal placeof business at 55 Mall Drive, Commack, New York 11725.
JURISDICTION AND VENUE
5.
 
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§ 1331-32
 
and 1338(a).6.
 
This Court has personal jurisdiction over the CBC Defendants at least because theCBC Defendants have substantial, continuing, and on-going contacts with this State and judicialdistrict, and the CBC Defendants have and continue to sell into this State and judicial district the products at issue in this case. This Court also has personal jurisdiction over CBC America because CBC America is incorporated in the State of Delaware.7.
 
Venue is proper in this judicial district pursuant to Title 28, U.S.C. §§ 1391(b)-(d)and § 1400(b) in that acts of patent infringement and unfair competition are occurring within this judicial district, and CBC America is incorporated in the State of Delaware.
 
8.
 
The CBC Defendants are in the business of manufacturing, selling, offering for sale, and importing lenses and closed circuit television products for the surveillance industry.
FACTS
9.
 
On November 12, 2003, Jean-Claude Artonne, Christophe Moustier, and Benjamin Blanc (“the Inventors”), filed U.S. Patent Application No. 10/706,513 (“the ‘513application”). In March 2004, the Inventors assigned their interest in and to the ‘513 applicationand all divisionals, continuations, substitutes, renewals, reissues, and reexaminations thereof and 
 
 3any patents that issued therefrom to ImmerVision, identified by ImmerVision’s Canadiancorporation number as “6115187 Canada, Inc.”, and this assignment was recorded in the United States Patent and Trademark Office (“USPTO”) on March 15, 2004 at Reel 015071, beginning atFrame 0574.10.
 
On January 18, 2005, the ‘513 application was issued by the USPTO as U.S.Patent No. 6,844,990 (“the ‘990 patent”) assigned to ImmerVision, identified by ImmerVision’sCanadian corporation number as “6115187 Canada, Inc.” A copy of the ‘990 patent is attached hereto as Exhibit A and is incorporated by reference as if fully set forth herein.11.
 
The ‘990 patent is valid and enforceable. The term of the ‘990 patent will expireon or about May 10, 2022.12.
 
The ‘990 patent discloses and claims various novel and unique features relating to panoramic objective lenses and a method for capturing a digital panoramic image involving projection of a panorama onto an image sensor by means of a panoramic objective lens and displaying a corrected version of the captured image.13.
 
Plaintiff ImmerVision is the assignee of all right, title, and interest in and to the‘990 patent and possesses all rights of recovery under the ‘990 patent, including the right to suefor infringement, recourse for damages, and to seek injunctive relief.14.
 
Beginning in November 2009, ImmerVision entered into preliminary discussionswith CBC Co. to explore the possibility of having CBC Co. manufacture ImmerVision’s newlydesigned panomorph lenses, as covered by the claims of ImmerVision’s ‘990 patent.15.
 
On or about March 26, 2010, CBC Co. signed a confidentiality agreement withImmerVision to prohibit the disclosure of any commercial, technical, and financial information

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