You are on page 1of 5

NORMAN L. SMIrH ISBN t06344] nsmithAswsslaw.com 2 TANYXM.

SCHTERLING ISBN 206954]


tschi erl i n sl.swss I aw. com

401 B Street. Suite 1200 4 San Dieso. alifomia 92101 (t) 6l g.si.0t0z 5 ( 6le.23r.47ss

SOLOMWARD SEIDENWITRM & SMITH,

LLP

6 Attorneys for Plaintiff Fourte Design

Development, LLC

&

I
9

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA '13 CV2871 LAB NLS 10 Fourte Desien & Development, LLC, a I Case No. California limited liability comany,' I ^^_ -__ COMPLAINT FOR PATENT 11

Plaintift

INFRINGEMENT

t2
13

V.

DEMAND FOR JURY TRIAL


a

l4
15

Innolight Technology Corporation, Uhlnese corporatlon,


Defendant.

t6

l7
18

Plaintiff Fourte Design & Development, LLC alleges as follows against


Defendant Innolight Technology Corporation:

t9
20

PARTIES

2t
tr'
23 24 25 26 27 28

1.

Plaintiff Fourte Design & Development, LLC ("Plaintiffl') is a

California limited liability company organized and existing under the laws of the
State of California,

with offices at 7139 Koll Center Parkway, Suite 250, Pleasanton,

California 94566.

2.

Defendant Innolight Technology Corporation ("Defendant") is, on

information and belief, a Chinese corporation doing business in the lJnited States,
the State of Califomia and within this judicial district, including without limitation by and through its subsidiary and/or affiliate companies, sales offlrces and research
P:007607894:07580.040

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

I
a,

and development (R&D) centers in San Jose, Califomia, Sunnyvale, California and

Cupertino, Cali forni

a.

JURISDICTION AND VENUE

4
5 6 7

3. 4. 5.

This is a civil action for patent infringement arising under the patent

laws of the United States, 35 U.S.C. sections

l, et seq.

This Court has subject matter jurisdiction pursuan|to 28 U.S.C.

sections 1331 and 1338(a).

This Court has personal jurisdiction over Defendant and venue in this

9 judicial district is proper because, on information and belief, Defendant engages in


10 continuous and systematic business within the United States and within this judicial
11

district and/or Defendant has placed infringing products into the stream of
commerce by sellingandlor offering to sell products into the United States and this

12 13

judicial district with knowledge that such products would be shipped into and/or
used in the United States and this judicial district.

t4
15

t6

6.

U.S. Patent No. 6,872,010, entitled "Fiber Optic Connector Release


was duly and legally granted on March 29,2005.

t7 Mechanism" (theo"010 Patent")

18 A true and correct copy of the '010 Patent is attached as Exhibit A.

l9
2t
,r

7.

At all times relevant to this action, Plaintiff is and has been the owner,

20 by assignment, of all right, title and interest in the '010 Patent.

COUNT I-INFRINGEMENT OF U.S. PATENT NO.6.872.010

t,

23

8. 9.

Plaintiff re-alleges and incorporates paragraphs I through 7 above.


On information and belief, Defendant has been and is now directly

24 infringing the '010 Patent pursuant to 35 U.S.C. section 271(a) in the State

of

25 California, this judicial district and elsewhere in the United States by designing, 26 making, manufacturing, operating, using, offering for sale, andlor selling within the 27 United States and/or importing into the United States, one or more devices (the 28 "Infringing Devices") that are covered by the inventions claimed in the '010 Patent.
P:007607894:075 80.040

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

I
3 4 5 6

10. 11.

The Infringing Devices include, without limitation, the Innolight

) product

designated as a 40Gb/s QSFP+ LR4 Optical Transceiver, TR-QQ131-NOO.

On information and belief, Defendant has been and is now indirectly

infringing the '010 Patent pursuant to 35 U.S.C. section 271(b) and/or (c) by
intentionally inducing infringement and/or contributing to the infringement of the '010 Patent in the State of California, this judicial district and elsewhere in the

7 United States by providing and/or selling the Infringing Devices to customers and/or

I
9 10
11

users of those products.

12. 13.

Defendant is liable for infringement of the '010 Patent pursuant to 35

U.S.C. section 271(a), (b) andlor (c).

Plaintiff has been damaged and injured by Defendant's infringement of

12 13

the '010 Patent. Because of its infringing acts and for its unauthorized use of the inventions claimed in the '010 Patent, Defendant is liable to Plaintiff for damages in
an amount no less fhan a reasonable royalty.

t4
15

14.

Defendant's infringement of the '010 Patent has caused and

will

t6 continue to cause irreparable harm to Plaintiff, for which Plaintiff

has no adequate

l7 remedy atlaw,
18

unless Defendant is permanently enjoined from further infringement.

PRAYER FOR RELIEF


WHEREFORE, Plaintiff prays for judgment:

l9
20

1. 3.

AdjudgingthatDefendant has infringed one or more claims of the '010

2t Patent;
,r1

Permanently enjoining Defendant and its officers, agents, servants,

23 employees, attorneys and all others in active concert or participation with them from 24 further infringement of Plaintiffls patent rights; 25

4. 5.

Awarding Plaintiff damages adequate to compensate it for Defendant's

26 infringement, but in no event less than a reasonable royalty; 27 28


P:007607894:07580.040

Awarding Plaintiff pre-judgment and post-judgment interest; and

-JCOMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

6.

Awarding Plaintiff such other and fuither relief as this Court deems just

)
3 4 5 6 7 8 9
10
11

and equitable.

DATED: December 3,2013

SOLOMON WARD SEIDEN\ryURM & SMITH, llp

Bv: /s/TANYA M.

SCHItrRT.TNG tschierl in sl.swss I aw. com Attorneys for Plaintiff Fourte Design Develoment. LLC

&

t2
13

t4
15

l6
17 18 19

20

2l
22 23 24 25

26
27 28
P:007607894:07580.040

COMPLAINT FOR PATENT INFRTNGEMENT; DEMAND FOR ruRY TRIAL

I
2 3 4

DEMAND FOR JURY TRIAL


Plaintiff hereby demands a jury trial of all claims triable by a jury.

DATED: December 3,2013

SOLOMON V/ARD SEIDENWURM SMITH. LLP

&

\
6

Bv: /s/TANYA M. SCHTFRT,ING


tschierlinslAswsslaw.com Attorneys for Plaintiff Fourte Design & Develoment. LLC

7
8 9 10
11

t2
13

t4
15

t6

l7
18

19

20

2l
22 23 24 25 26 27 28
P:007607894:07580.040

-5-

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR ruRY TRIAL