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ARRADIANCE, INC., Plaintiff, v. INCOM, INC., Defendant. Civil Action No.:
COMPLAINT Plaintiff, Arradiance, Inc. (“Arradiance”), for its Complaint, alleges: PARTIES 1. Arradiance is a Delaware corporation, having a principal place of business at 142 North Road, Sudbury, MA 01776. 2. Defendant, Incom, Inc. (“Incom”), is a Delaware corporation, having a principal place of business at 294 Southbridge Road, Charlton, MA 01507. JURISDICTION 3. This action arises under the patent laws of the United States, 35 U.S.C. §1, et seq., including §271. This Court has jurisdiction under 28 U.S.C. §§1331 and 1338(a). PATENTS IN SUIT 4. Arradiance owns United States Patent No. 7,855,493, entitled “Microchannel Plate Devices with Multiple Emissive Layers,” which issued on December 21, 2010 (the “ ’493 patent”). A copy of the ’493 patent is attached hereto as Exhibit A. 5. Arradiance also owns United States Patent No. 8,227,965, entitled “Microchannel Plate Devices with Tunable Resistive Films,” which issued on July 24, 2012 (the “ ’965 patent”). A
copy of the ’965 patent is attached hereto as Exhibit B. (The ’493 and ’965 patents are referred to as the “Patents in Suit.”) FIRST CLAIM FOR PATENT INFRINGEMENT 6. Arradiance repeats paragraphs 1-5, above. 7. In mid 2007, Arradiance began experimenting with the application of atomic layer deposition (“ALD”) technology to microchannel plate (“MCP”) amplifiers. Arradiance invested several million dollars in this effort over the following years. Arradiance filed its first patent application for this technology in February 2008, which the Patent Office awarded as the ’493 patent. Arradiance produced the first ALD-functionalized MCP in late 2007. 8. On September 29, 2011, Incom met with Arradiance for the first time to discuss licensing of the Arradiance intellectual property relevant to ALD-functionalized MCPs. Those negotiations continued until March 11, 2012 when Incom, through an email to Ken Stenton, President of Arradiance from Michael Detarando, President and CEO of Incom, stated his desire to “step back from agreement negotiations”. This was the last communication from Incom involving the licensing negotiations despite continued offers by Arradiance for discussions. 9. On April 18, 2012, Incom publicly announced it would commercialize ALDfunctionalized MCPs by applying ALD technology to Incom’s microcapillary array plates. 10. On June 27, 2012, while acknowledging that it would become a competitor with Arradiance, Incom privately contacted Arradiance’s Principal ALD Scientist, a full-time Arradiance employee, soliciting his assistance to fill a newly created ALD scientist position at Incom. 11. In August 2012, Arradiance notified Incom in writing of eight patents owned by Arradiance, relevant to ALD-functionalized MCPs, including the Patents in Suit.
12. In early 2013 Incom began advertising for sale, and continues to advertise, ALDfunctionalized MCPs for various applications including medical imaging. Incom has quoted prices based on a pricing model Arradiance disclosed during the licensing negotiations with Incom. 13. Incom has had actual notice of the Patents in Suit at all relevant times. 14. Incom has directly infringed claims of the ’493 patent by, among other things, making, using, selling, or offering for sale products or methods covered by the claims of that patent. 15. Incom’s infringement has been willful. 16. Incom’s infringement has damaged Arradiance. 17. Incom has liability under 35 U.S.C. §271 to Arradiance arising from its infringement, in amounts that adequately compensate Arradiance, but no less than a reasonable royalty, together with interest and costs under 35 U.S.C. §284. SECOND CLAIM FOR PATENT INFRINGEMENT 18. Arradiance repeats paragraphs 1-17, above. 19. Incom has directly infringed claims of the ’965 patent by, among other things, making, using, selling, or offering for sale products or methods covered by the claims of that patent. 20. Incom’s infringement has been willful. 21. Incom’s infringement has damaged Arradiance. 22. Incom has liability under 35 U.S.C. §271 to Arradiance arising from its infringement, in amounts that adequately compensate Arradiance, but no less than a reasonable royalty, together with interest and costs under 35 U.S.C. §284.
RELIEF REQUESTED Arradiance requests the Court to grant judgment: A. That Incom has infringed one or more claims of the patents in suit; B. For all damages and costs that Arradiance has sustained as a result of the infringement; C. Trebling those damages because of Incom’s willful infringement; D. For a permanent injunction against Incom’s continued infringement; E. That this is an exceptional case and awarding attorney’s fees under 35 U.S.C. §285; and F. For such further relief as the Court may find appropriate. JURY DEMAND Arradiance requests a trial by jury.
Respectfully submitted, ARRADIANCE, INC., By its attorneys, Dated: March 7, 2013 /s/ Michael A. Albert Michael A. Albert (BBO # 558566) firstname.lastname@example.org WOLF, GREENFIELD & SACKS, P.C. 600 Atlantic Avenue Boston, MA 02210 (617) 646-8000