e.digital v. shinano kenshi et. al

8/13/2019 e.Digital v. Shinano Kenshi et. al.

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28HANDAL & ASSOCIATES

1200 THIRD AVE

SUITE 1321

SAN DIEGO, CA 92101

TEL: 619.544.6400FAX: 619.696.0323

ANTON HANDAL (Bar No. 113812)[email protected] C. CHALK (Bar No. 216411)

[email protected] HEDRICK (Bar No. 220649)

[email protected] &ASSOCIATES1200 Third Avenue, Suite 1321San Diego, California 92101Tel: 619.544.6400Fax: 619.696.0323

Attorneys for Plaintiffe.Digital Corporation

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

e.Digital Corporation,

Plaintiff,

v.

Shinano Kenshi Co., Ltd.; ShinanoKenshi Corporation, dba under the brand

name Plextor; Plextor LLC; and, PlextorAmericas,

Defendants.

Case No.

COMPLAINT FOR PATENTINFRINGEMENT

DEMAND FOR JURY TRIAL

Plaintiff e.Digital Corporation (e.Digital or Plaintiff), by and through it

undersigned counsel, complains and alleges against Defendants Shinano Kensh

Co., Ltd.; Shinano Kenshi Corporation (dba under the brand name Plextor)

Plextor LLC; and, Plextor Americas (collectively referred to hereafter as

PLEXTOR or Defendant or Defendants) as follows:

NATURE OF THE ACTION

1. This is a civil action for infringement of a patent arising under the

laws of the United States relating to patents, 35 U.S.C. 101, et seq., including

without limitation, 281. Plaintiff e.Digital seeks a preliminary and permanen

'1 CV0227 BLMLAB


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1200 THIRD AVE

SUITE 1321

SAN DIEGO, CA 92101

TEL: 619.544.6400FAX: 619.696.0323

injunction and monetary damages for the infringement of its U.S. Patent No

5,839,108.

JURISDICTION AND VENUE

2. This court has subject matter jurisdiction over this case for pateninfringement under 28 U.S.C. 1331 and 1338(a) and pursuant to the patent law

of the United States of America, 35 U.S.C. 101, et seq.

3. Venue properly lies within the Southern District of California

pursuant to the provisions of 28 U.S.C. 1391(b), (c), and (d) and 1400(b). O

information and belief, Defendants conduct substantial business directly and/o

through third parties or agents in this judicial district by selling and/or offering to

sell the infringing products and/or by conducting other business in this judicia

district. Furthermore, Plaintiff e.Digital is headquartered and has its principa

place of business in this district, engages in business in this district, and has been

harmed by Defendants conduct, business transactions and sales in this district.

4. This Court has personal jurisdiction over Defendants because, on

information and belief, Defendants transact continuous and systematic busines

within the State of California and the Southern District of California. In addition

this Court has personal jurisdiction over the Defendants because, on information

and belief, this lawsuit arises out of Defendants infringing activities, including

without limitation, the making, using, selling and/or offering to sell infringin

products in the State of California and the Southern District of California. Finally

this Court has personal jurisdiction over Defendants because, on information and

belief, Defendants have made, used, sold and/or offered for sale their infringingproducts and placed such infringing products in the stream of interstate commerce

with the expectation that such infringing products would be made, used, sold

and/or offered for sale within the State of California and the Southern District o

California.

PARTIES


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1200 THIRD AVE

SUITE 1321

SAN DIEGO, CA 92101

TEL: 619.544.6400FAX: 619.696.0323

5. Plaintiff e.Digital is a Delaware corporation with its headquarters and

principal place of business at 16870 West Bernardo Drive, Suite 120, San Diego

California 92127.

6. Upon information and belief, Defendant Shinano Kenshi Co., Ltd. icorporation registered and lawfully existing under the laws of Japan, with a

principal place of business located at 1078 Kamimaruko, Maruko-Machi

Chiisagata-Gun, Nagano-Ken, 386-0498 Japan. Upon information and belief, th

PLEXTOR brand of storage and multimedia products is owned by Shinano Kensh

Co., Ltd. and/or PLEXTOR is the brand name of Shinano Kenshi Co., Ltd.

7. Upon information and belief, Defendant Shinano Kenshi Corporation

is a company registered and lawfully existing under the laws of the State o

California, with an office and principal place of business located at 6065 Bristo

Parkway,Culver City, CA 90230. Upon information and belief, PLEXTOR is the

brand name Shinano Kenshi Corporation and/or the dba of Shinano Kensh

Corporation

8. Upon information and belief, Defendant Plextor LLC is a company

registered and lawfully existing under the laws of the State of California, with an

office and principal place of business located at6065 Bristol Parkway,Culver City

CA 90230.

9. Upon information and belief, Defendant Plextor Americas is a

company registered and lawfully existing under the laws of the State of California

with an office and principal place of business located at 42000 Christy Street

Fremont, California 94538.THE ASSERTED PATENT

10. On November 17, 1998, the United States Patent and Trademark

Office duly and legally issued United States Patent No. 5,839,108 (the 108

patent) entitled Flash Memory File System In A Handheld Record And Playback

Device, to its named inventors Norbert P. Daberko and Richard K. Davis


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1200 THIRD AVE

SUITE 1321

SAN DIEGO, CA 92101

TEL: 619.544.6400FAX: 619.696.0323

Plaintiff e.Digital is the assignee and owner of the entire right, title and interest in

and to the 108 patent and has the right to bring this suit for damages and othe

relief. A true and correct copy of the 108 patent is attached hereto as Exhibit A.

COUNT ONE

INFRINGEMENT OF THE 108 PATENT BY DEFENDANT

11. Plaintiff re-alleges and incorporates by reference each of the

allegations set forth in paragraphs 1 through 10 above.

12. Upon information and belief, Defendants, without authority, (a) have

induced and continue to induce infringement of one or more claims of the 108

patent in violation of 35 U.S.C. 271(b); and, (b) have contributed and continue t

contribute to the infringement of one or more claims of the 108 patent in violation

of 35 U.S.C. 271(c).

13. The accused products for purposes of the 108 patent include but ar

not limited to PLEXTORs memory card products for Flash Memory Storage

including but not limited to its USB, SSD, SD, microSD, and/or Compact Flash

products. The accused products include but are not limited to PLEXTORS PX

M5S Series SSD products, Pro Xtreme SSD series of products, M5Pro Xtreme

SSD series of products, and/or PLEXTOR M6M SSD series of products.

14. The accused product, alone or in combination with other products

practice each of the limitations of independent claim 1 of the 108 patent.

15. Upon information and belief, Defendants, without authority, hav

actively induced infringement and continue to actively induce infringement of th

108 patent in violation of 35 U.S.C. 271(b) by causing others to directly infringthe claims of the 108 patent and/or by intentionally instructing others how to us

the accused products in a manner that infringes the claims of the 108 patent. On

information and belief, Defendants have induced and continue to induc

infringement by instructing customers to operate the product in an infringin

manner and/or when Defendants tests or otherwise operate the accused products in


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1200 THIRD AVE

SUITE 1321

SAN DIEGO, CA 92101

TEL: 619.544.6400FAX: 619.696.0323

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all claims.

Dated: January 31, 2014

HANDAL & ASSOCIATES

By: /s/ Pamela C. ChalkAnton N. Han aPamela C. ChalkGabriel G. HedrickAttorneys for Plaintiffe.Digital Corporation


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1200 THIRD AVE

SUITE 1321

SAN DIEGO, CA 92101

TEL: 619.544.6400FAX: 619.696.0323

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the

foregoing document has been served on this date to all counsel of record, if any to

date, who are deemed to have consented to electronic service via the Courts

CM/ECF system per CivLR 5.4(d). Any other counsel of record will be served by

electronic mail, facsimile and/or overnight delivery upon their appearance in this

matter.

I declare under penalty of perjury of the laws of the United States that the

foregoing is true and correct. Executed this 31st day of January, 2014 at San

Diego, California.

Dated: January 31, 2014

HANDAL & ASSOCIATES

By: /s/ Pamela C. ChalkAnton N. Han aPamela C. ChalkGabriel G. HedrickAttorneys for Plaintiffe.Di ital Cor oration


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EXHIBIT A


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S 44 (Rev. ) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pr

y local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerkof Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATIONTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for (For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionm

130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce

& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation

151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influence

152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizatio

Student Loans 340 Marine Injury Product 480 Consumer Credit

(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV

153 Recovery of Overpayment Liabili ty PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commod

of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 BlackLung (923) Exchange

160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 890 Other StatutoryActi

190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI 891 Agricultural Acts

195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 893 Environmental Matt

196 Franchise Injury 385 Property Damage Leave Act 895 Freedom of Informa

362 Personal Injury - Product Liability 790 Other Labor Litigation ActMed. Malpractice 791 Empl. Ret. Inc. 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 899 Administrative Proc

210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act/Review or Appe

220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision

230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRSThird Party 950 Constitutionality of

240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes

245 Tort Product Liability Accommodations 535 Death Penalty IMMIGRATION

290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application

Employment 550 Civil Rights 463 Habeas Corpus -

446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee

Other 560 Civil Detainee - (Prisoner Petition)

448 Education Conditions of 465 Other Immigration

Confinement Actions

V. ORIGINTransferred fromanother district(specify)

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

e.Digital Corporation

San Diego

Handal & Associates1200 Third Avenue, Suite 1321, San Diego, CA619) 544-6400

Shinano Kenshi Co., Ltd.; Shinano Kenshi Corporation, dba undbrand name Plextor; Plextor LLC; and, Plextor Americas

Nagano-Ken, Japan

35 U.S.C. 271, 281

Patent Infringement

See attachment. See attachment.

01/31/2014 /s/Pamela C. Chalk

'14CV0227 BLMLAB

e.digital v. shinano kenshi et. al

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