Page 2 of 6
possesses all rights thereto, including the exclusive right to exclude the Defendant from making,using, selling, offering to sell or importing in this district and elsewhere into the United Statesthe patented invention(s) of the Patent-in-Suit, the right to license the Patent-in-Suit, and to suethe Defendant for infringement and recover past damages.3.
Upon information and belief, Elster Solutions is a limited liability company dulyorganized and existing under the laws of Delaware since October 16, 2002 and having its principal place of business located at 208 South Rogers Lane, Raleigh, Wake County, NorthCarolina, 27610. Upon information and belief, Defendant may be served through its registeredagent, Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware,19808.4.
Upon information and belief, Defendant ships, distributes, makes, uses, offers for sale, sells, and/or advertises its infringing products under the EnergyAxis Systems brand name.
JURISDICTION AND VENUE
This action arises under the Patent Laws of the United States, 35 U.S.C. § 1
, including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).6.
The Court has personal jurisdiction over Defendant because: Defendant hasminimum contacts within the State of Delaware and in the District of Delaware; Defendant has purposefully availed itself of the privileges of conducting business in the State of Delaware andin the District of Delaware; Defendant has sought protection and benefit from the laws of theState of Delaware; Defendant regularly conducts business within the State of Delaware andwithin the District of Delaware,
and Plaintiff’s cause
of action arises directly from Defendant
business contacts and other activities in the State of Delaware and in the District of Delaware.