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Greatbatch v. AVX et. al.

Greatbatch v. AVX et. al.

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Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00723-UNA: Greatbatch Ltd. v. AVX Corporation et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l86w for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00723-UNA: Greatbatch Ltd. v. AVX Corporation et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l86w for more info.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GREATBATCH LTD., Plaintiff, v.

AVX CORPORATION, AVX FILTERS CORPORATION, Defendants. Civil Action No. __________ JURY TRIAL DEMANDED

COMPLAINT This is an action for patent infringement in which Plaintiff, Greatbatch, Ltd., makes the following allegations against Defendants, AVX Corporation and AVX Filters Corporation (collectively, “Defendants” or “AVX”). PARTIES 1. Plaintiff Greatbatch Ltd. (“Greatbatch” or “Plaintiff”) is a New York corporation

with its principal place of business in Clarence, New York. 2. Upon information and belief, Defendant AVX Corporation is a Delaware

corporation having its principal place of business in Fountain Inn, South Carolina. 3. Upon information and belief, Defendant AVX Filters Corporation is a Delaware

corporation having its principal place of business in Sun Valley, California. 4. Upon information and belief, Defendant AVX Filters Corporation is a wholly

owned subsidiary of Defendant AVX Corporation. 5. Upon information and belief, Defendant AVX Corporation directs and controls

the activities of Defendant AVX Filters Corporation.

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JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) because this action arises under the patent laws of the United States, Title 35 of the United States Code. 7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1332 because

there is diversity of citizenship between the Plaintiff and the Defendants. 8. This Court has personal jurisdiction over Defendants because Defendants are

incorporated in Delaware. 9. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b) because

Defendants are subject to personal jurisdiction and reside in this District. THE PATENT-IN-SUIT 10. United States Patent No. 5,905,627 (“the ’627 Patent”), entitled “Internally

Grounded Feedthrough Filter Capacitor,” was duly issued by the United States Patent & Trademark Office to inventors Richard L. Brendel and Robert A. Stevenson on May 18, 1999. A true and correct copy of the ’627 Patent is attached to this Complaint as Exhibit A. 11. Greatbatch is presently the assignee of all rights, title and interests in the ’627

Patent including the right to sue for past infringement. 12. The ’627 Patent discloses and claims an internally grounded feedthrough filter

capacitor assembly providing for the shielding and decoupling of a conductive terminal pin or lead of the type used, for example, in an implantable medical device such as a cardiac pacemaker or cardioverter defibrillator against passage of external interference signals, such as those caused by digital cellular phones.

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13.

Greatbatch has complied with the statutory requirement of giving notice of the

’627 Patent on all feedthrough filter capacitor assemblies offered and sold by Greatbatch under the ’627 Patent in accordance with 35 U.S.C. § 287(a). 14. Upon information and belief, AVX manufactures the subject internally grounded

feedthrough filter capacitors in Olean, New York. 15. Scientific. 16. Upon information and belief, AVX assembles the subject internally grounded Upon information and belief, AVX receives feedthrough connectors from Boston

feedthrough filter capacitors with the feedthrough connectors and other components into feedthrough filter capacitor assemblies at an AVX facility in Sun Valley, California that infringe the ‘627 Patent (the “infringing feedthough filter capacitor assemblies”). 17. Upon information and belief, AVX Corporation and/or AVX Filters Corporation

sells the infringing feedthrough filter capacitor assemblies to its customers. 18. Upon information and belief, AVX’s customers then use and/or sell the infringing

feedthrough filter capacitor assemblies. 19. Upon information and belief, AVX’s customers make, use, sell, and/or offer for

sale internal cardioverter defibrillators (“ICDs”) and other products that include the infringing feedthrough filter capacitor assemblies. 20. 2001. 21. Upon information and belief, Maxwell Electronic Components Group, Inc. Upon information and belief, AVX has known of the ’627 Patent since at least

contacted AVX in 2001 about, among other things, potential infringement of the ’627 Patent.

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22.

Upon information and belief, AVX employees have attended presentations given

by Robert A. Stevenson at technical conferences, and during those presentations Mr. Stevenson discussed the ’627 Patent and described the invention disclosed therein. 23. Upon information and belief, Boston Scientific informed AVX of the ’627 Patent

and that the infringing feedthrough filter capacitor assemblies were within the scope of the ’627 Patent. 24. Upon information and belief, AVX knew when it was making, using, selling,

and/or offering for sale the infringing feedthrough filter capacitor assemblies that it was competing with Greatbatch for sales of feedthrough filter capacitor assemblies within the scope of the ’627 Patent. 25. Upon information and belief, AVX knew when it was making, using, selling,

and/or offering for sale the infringing feedthrough filter capacitor assemblies that its infringing feedthrough filter capacitor assemblies were within the scope of the ’627 Patent. COUNT I Direct Infringement of U.S. Patent No. 5,905,627 26. Greatbatch refers to and incorporates herein the allegations of paragraphs 1

through 25 above. 27. AVX Corporation and/or AVX Filters Corporation has infringed and continues to

infringe, either literally or under the doctrine of equivalents, one or more claims of the ’627 Patent by making, using, selling, and/or offering to sell the infringing feedthrough filter capacitor assemblies that embody the patented invention. AVX is thus liable for infringement of the ’627 Patent pursuant to 35 U.S.C. § 271(a). 28. Upon information and belief, AVX has willfully infringed and continues to

willfully infringe the ’627 Patent. 4

29.

Greatbatch has suffered and continues to suffer damages as a result of AVX’s

infringement of the ’627 Patent. Pursuant to 35 U.S.C. § 284, Greatbatch is entitled to recover damages in an amount that is no less than a reasonable royalty from AVX for its infringing acts. 30. Greatbatch is entitled to recover damages for its lost profits resulting from AVX’s

infringement of the ’627 Patent. 31. AVX’s infringement of the ’627 Patent will continue to damage Greatbatch,

causing irreparable harm for which there is no adequate remedy at law, unless AVX is enjoined by this Court. COUNT II Induced Infringement of U.S. Patent No. 5,905,627 32. Greatbatch refers to and incorporates herein the allegations of paragraphs 1

through 31 above. 33. Upon information and belief, AVX’s customers directly infringe one or more

claims of the ’627 Patent by making, using, selling, and/or offering for sale feedthrough filter capacitor assemblies that embody the patented invention. 34. Upon information and belief, AVX’s customers directly infringe one or more

claims of the ’627 Patent by making, using, selling, and/or offering for sale ICDs and other products that include feedthrough filter capacitor assemblies that embody the patented invention. 35. Upon information and belief, AVX Corporation and/or AVX Filters Corporation

actively and knowingly aided and abetted direct infringement of the ’627 Patent by its customers. 36. Upon information and belief, AVX knew at the time that it was selling the

infringing feedthrough filter capacitor assemblies that those assemblies infringe the ’627 Patent. 37. Upon information and belief, AVX sold the infringing feedthrough filter capacitor

assemblies with the intent that its customers would infringe the ’627 Patent. 5

38.

The sale of the infringing feedthrough filter capacitor assemblies constitutes a

specific action by AVX to induce infringement of the ’627 Patent. 39. Upon information and belief, AVX knew at the time that it was selling the subject

internally grounded feedthrough filter capacitors that its customers used them in infringing feedthrough filter capacitor assemblies. 40. Upon information and belief, AVX knew at the time that it was selling the subject

internally grounded feedthrough filter capacitors that the infringing feedthrough filter capacitor assemblies, in which its customers used these capacitors, infringe the ’627 Patent. 41. Upon information and belief, AVX sold the subject internally grounded

feedthrough filter capacitors with the intent that its customers would infringe the ’627 Patent. 42. The sale of the subject internally grounded feedthrough filter capacitors

constitutes a specific action by AVX to induce infringement of the ’627 Patent. 43. AVX Corporation and/or AVX Filters Corporation has actively induced

infringement of the ’627 Patent and continues to induce infringement of the ’627 Patent. AVX is thus liable for inducing infringement of the ’627 Patent pursuant to 35 U.S.C. § 271(b). 44. Greatbatch has suffered and continues to suffer damages as a result of AVX’s

inducement of infringement of the ’627 Patent. Pursuant to 35 U.S.C. § 284, Greatbatch is entitled to recover damages in an amount that is no less than a reasonable royalty from AVX for its infringing acts. 45. Greatbatch is entitled to recover damages for its lost profits resulting from AVX’s

inducement of infringement of the ’627 Patent.

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46.

AVX’s inducement of infringement of the ’627 Patent will continue to damage

Greatbatch, causing irreparable harm for which there is no adequate remedy at law, unless AVX is enjoined by this Court. COUNT III Contributory Infringement of U.S. Patent No. 5,905,627 47. Greatbatch refers to and incorporates herein the allegations of paragraphs 1

through 46 above. 48. The subject internally grounded feedthrough filter capacitors are designed

specifically for use in feedthrough filter capacitor assemblies that infringe the ’627 Patent. 49. The subject internally grounded feedthrough filter capacitors are not a staple

article of commerce. 50. The subject internally grounded feedthrough filter capacitors do not have

substantial noninfringing uses. 51. Upon information and belief, AVX knew at the time that it was selling the subject

internally grounded feedthrough filter capacitors that the combination of these capacitors with the other components of the feedthrough filter capacitor assemblies, for which these capacitors were especially designed, was both patented and infringing. 52. Upon information and belief, AVX knew at the time that it was selling the subject

internally grounded feedthrough filter capacitors that these capacitors have no substantial noninfringing uses. 53. The internally grounded feedthrough filter capacitor disclosed in the ’627 Patent

was, at the time of the invention thereof, a significant improvement over the prior art. 54. The internally grounded feedthrough filter capacitors constitute a material part of

the invention of the ’627 Patent. 7

55.

AVX Corporation and/or AVX Filters Corporation has infringed and continues to

infringe in a contributory manner, either literally or under the doctrine of equivalents, one or more claims of the ’627 Patent by selling and/or offering to sell the subject internally grounded feedthrough filter capacitors, a material part of the invention embodied in the ’627 Patent, knowing that the subject internally grounded feedthrough filter capacitors are especially made or especially adapted for use in an infringement of the ’627 Patent, and knowing that the subject internally grounded feedthrough filter capacitors are not a staple article or commodity of commerce suitable for substantial noninfringing use. AVX is thus liable for contributory infringement of the ’627 Patent pursuant to 35 U.S.C. § 271(c). 56. Greatbatch has suffered and continues to suffer damages as a result of AVX’s

contributory infringement of the ’627 Patent. Pursuant to 35 U.S.C. § 284, Greatbatch is entitled to recover damages in an amount that is no less than a reasonable royalty from AVX for its infringing acts. 57. Greatbatch is entitled to recover damages for its lost profits resulting from AVX’s

contributory infringement of the ’627 Patent. 58. AVX’s contributory infringement of the ’627 Patent will continue to damage

Greatbatch, causing irreparable harm for which there is no adequate remedy at law, unless AVX is enjoined by this Court. JURY DEMAND 59. Greatbatch hereby requests a trial by jury in Delaware pursuant to Federal Rule of

Civil Procedure 38.

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PRAYER FOR RELIEF Plaintiff Greatbatch, Ltd. respectfully requests this Court to enter judgment in its favor and against Defendants AVX Corporation and AVX Filters Corporation, granting the following relief: A. A declaration and entry of judgment in Greatbatch’s favor that AVX has infringed and continues to infringe, in both a direct and contributory manner, the ’627 Patent; B. A declaration and entry of judgment in Greatbatch’s favor that AVX has induced infringement and continues to induce infringement of the ’627 Patent; C. An award to Greatbatch of damages adequate to compensate it for AVX’s acts of patent infringement, including Greatbatch’s lost profits, but in no event less than a reasonable royalty, pursuant to 35 U.S.C. § 284; D. A determination that AVX’s infringement of the ’627 Patent has been willful and deliberate and an award to Greatbatch of treble damages; E. An award of interest on the amount of damages found, including prejudgment and post-judgment interest; F. A determination that this is an exceptional case pursuant to 35 U.S.C. § 285 and an award to Greatbatch of its costs of suit and reasonable attorney’s fees; G. A grant of temporary, preliminary, and permanent injunctive relief pursuant to 35 U.S.C. § 283 against AVX, enjoining AVX, their officers, agents, servants, employees, and all those in concert or participation with

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AVX who receive actual notice from further acts of patent infringement; and H. Any further relief that this Court deems just and proper.

Date: April 25, 2013

Respectfully submitted, FARNAN LLP /s/ Brian E. Farnan Brian E. Farnan (Bar No. 4089) 919 North Market Street, 12th Floor Wilmington, Delaware 19801 302-777-0300 302-777-0301 bfarnan@farnanlaw.com

Of Counsel: James R. Muldoon HARRIS BEACH PLLC 333 West Washington Street, Suite 200 Syracuse, NY 13202 315-423-7100 315-422-9331 Neal L. Slifkin Laura W. Smalley HARRIS BEACH PLLC 99 Garnsey Road Pittsford, NY 14534 585-419-8800 585-419-8801 Attorneys for Plaintiff

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