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Nalco Company v. Chem-Mod

Nalco Company v. Chem-Mod

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-02510: Nalco Company v. Chem-Mod, LLC. Filed in U.S. District Court for the Northern District of Illinois, the Hon. John W. Darrah presiding. See http://news.priorsmart.com/-lacX for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-02510: Nalco Company v. Chem-Mod, LLC. Filed in U.S. District Court for the Northern District of Illinois, the Hon. John W. Darrah presiding. See http://news.priorsmart.com/-lacX for more info.

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Published by: PriorSmart on Apr 09, 2014
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04/09/2014

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
 NALCO COMPANY, Plaintiff, v. CHEM-MOD LLC, Defendant. )))))))))))Case No.: DEMAND FOR JURY TRIAL
PLAINTIFF NALCO COMPANY’S COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Nalco Company (“Nalco”), by its attorneys, brings this action against Defendant Chem-Mod LLC (“Chem-Mod”), seeking a judgment against Chem-Mod for patent infringement. For its Complaint against Chem-Mod, Nalco alleges as follows:
JURISDICTION, VENUE AND PARTIES
1.
 
This action arises under the Patent Act, 35 U.S.C. § 1
et seq
. In addition, this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 2.
 
Plaintiff Nalco is a Delaware corporation having its principal place of business at 1601 West Diehl Road, Naperville, Illinois 60563. 3.
 
Upon information and belief, Defendant Chem-Mod is a Delaware corporation with its principal place of business at Two Pierce Place, Itasca, Illinois 60143. 4.
 
This Court has personal jurisdiction over Chem-Mod because Chem-Mod regularly conducts business in this District. 5.
 
Venue is proper in this District and before this Court under 28 U.S.C. §§ 1391(b) and (c).
 
 
 - 2 -
GENERAL ALLEGATIONS
 6.
 
 Nalco is a leading provider of air protection technologies, and, in particular, technologies for removing hazardous mercury from flue gases evolved during combustion of coal, delivering environmental, social and economic benefits to its customers. 7.
 
 Nalco is the exclusive licensee of U.S. Patent No. 6,808,692 and the Inter Partes Reexamination Certificate related thereto (the “’692 Patent”), entitled “Enhanced Mercury Control in Coal-Fired Power Plants.” 8.
 
The ’692 Patent teaches and claims,
inter alia
, methods of treating coal combustion flue gas with a bromide compound so as to reduce mercury emissions at coal-fired  power plants. 9.
 
The ’692 Patent was duly and legally issued by the United States Patent and Trademark Office on October 26, 2004, reexamined by the United States Patent and Trademark Office, and subject to an Inter Partes Reexamination Certificate duly and legally issued by the United States Patent and Trademark Office on April 7, 2014. A copy of the ’692 Patent and Inter Partes Reexamination Certificate are attached hereto as Exhibit A and are made a part of this Complaint. 10.
 
As the exclusive licensee of the ’692 Patent, Nalco possesses the right to sue for infringement and recover damages resulting from such infringement.
COUNT I - INFRINGEMENT OF THE ’692 PATENT
11.
 
 Nalco incorporates by reference the allegations of Paragraphs 1 through 10. 12.
 
Chem-Mod has infringed and is now infringing the ’692 Patent through, among other activities, the use and licensing of its “Chem-Mod™ Solution” in the United States. On
 
 - 3 - information and belief, the “Chem-Mod™ Solution” comprises dual injection of two additives on the coal feed belts of coal burning power generation stations before the coal is fed into a coal combustion process. The two additives are referred to as MerSorb and S-Sorb and contain significant amounts of calcium bromide and lime, respectively. Because the “Chem-Mod™ Solution” is a method of treating coal combustion flue gas containing mercury, which requires injecting a bromide compound that is a thermolabile molecular bromine precursor into a flue gas to effect oxidation of elemental mercury to a mercuric bromide and which provides an alkaline solid particle in the flue gas ahead of particulate collection, use of the “Chem-Mod™ Solution  practices each and every step of at least Claim 1 of the ’692 Patent and Chem-Mod infringes the ’692 Patent. 13.
 
Chem-Mod infringes the ’692 Patent literally and, alternatively, under the  judicially created Doctrine of Equivalents. 14.
 
Chem-Mod advertises on its website, www.chem-mod.com, a copy of page of which is attached hereto as Exhibit B, that “[t]he Chem-Mod™ Solution has a track record built on more than six years of pilot- and full-scale testing. As a result, the product is fully commercialized and currently in use at eight power generating stations[.]” 15.
 
On information and belief, Chem-Mod sells Mersorb and S-Sorb, products specifically formulated to be used in the Chem-Mod™ Solution, to entities that practice each and every step of at least Claim 1 of the ’692 Patent and instructs such entities on the use of the Chem-Mod™ Solution. 16.
 
Chem-Mod has also infringed the ’692 Patent by knowingly and actively inducing others to infringe, and by contributing to the infringement of others in contravention of 35 U.S.C. § 271.
 

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