zecotek imaging systems pte et. al. v. saint-gobain ceramics and plastics et. al

7/31/2019 Zecotek Imaging Systems Pte et. al. v. Saint-Gobain Ceramics and Plastics et. al.

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Case: 5:12-cv-01533-SL Doc #: 1 Filed: 02/23/12 1 of 34. PageID #: 1


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2182436v1/012920 2COMPLAINT FOR

PATENT INFRINGEMENT

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiffs Zecotek Imaging Systems Pte. Ltd. (Zecotek) and Beijing Opto-

Electronics Technology Co. (BOET) by its undersigned attorneys, for its

complaint against Defendants Saint-Gobain Ceramics & Plastics, Inc. (Saint-

Gobain); and Philips Healthcare Informatics, Inc. d/b/a Philips Healthcare and

Philips Medical Systems (Cleveland) Inc. (collectively Philips), hereby allege the

following:

PARTIES

1. Zecotek is a foreign company organized under the laws of Singapore,with its principal place of business in Singapore.

2. BOET is a foreign company organized under the laws of the PeoplesRepublic of China, with its principal place of business in Beijing, China.

3. Upon information and belief, Saint-Gobain is a corporation organizedand existing under the laws of the State of Delaware, with its principal place of

business in Worcester, Massachusetts. Saint-Gobain may be served with process

by serving its registered agent CT Corporation System, 818 W. Seventh St., Los

Angeles, California 90017.4. Upon information and belief, Philips Medical Systems (Cleveland),

Inc. is a corporation organized and existing under the laws of the State of

California, with its principal place of business in Cleveland, Ohio. Philips Medical

Systems may be served by serving its registered agent Corporation Service

Company d/b/a CSC - Lawyers Incorporating Service, 2730 Gateway Oaks Dr.,

Suite 100, Sacramento, California 95833.

5. Upon information and belief, Philips Healthcare Informatics, Inc. is acorporation organized and existing under the laws of the State of Delaware with its

principal place of business in Andover, Massachusetts. Philips Healthcare may be

served by serving its registered agent Corporation Service Company d/b/a CSC -



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PATENT INFRINGEMENT

Lawyers Incorporating Service, 2730 Gateway Oaks Dr., Suite 100, Sacramento,

California 95833.

JURISDICTION AND VENUE

6. This is a complaint for patent infringement arising under 35 U.S.C. 100, et seq., and in particular 271.

7. This Court has exclusive subject matter jurisdiction pursuant to 28U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the

United States.

8. This Court has personal jurisdiction over Saint-Gobain and Philipsbecause upon information and belief they have committed and continue to commit

acts of patent infringement in this judicial district and because they regularly

conduct and solicit business in this judicial district. Moreover, Philips Medical is a

California corporation.

9. Venue is proper pursuant to 28 U.S.C. 1391(b)-(c) and 1400(b) inthat upon information and belief Saint-Gobain and Philips have a regular and

established practice of business in this district, have committed acts of infringement

in this district, and Philips Medical is a California corporation.ASSERTED PATENT

10. On November 7, 2006, United States Patent No. 7,132,060 (the 060patent) was duly and legally issued for an invention entitled Scintillation

Substances (Variants). A true and correct copy of the 060 patent is attached as

Exhibit 1.

11. Zecotek was assigned and is the owner of the 060 patent. Zecotek hasentered into an exclusive license with BOET for BOET to grow and commercialize

certain crystals that practice the 060 patent. Zecotek, either alone or together with

BOET, owns all rights, title, and interest in the 060 patent.



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PATENT INFRINGEMENT

12. Saint-Gobain designs, makes, markets, uses, imports, offers for sale,and/or sells LYSO crystals, including but not limited to the PreLude 420 crystals,

that infringe the 060 patent.

13. Philips designs, makes, markets, uses, imports, offers for sale, and/orsells Positron Emission Tomography (PET) scanners that use Saint-Gobains

LYSO crystals, including but not limited to the Gemini TF and/or Gemini Raptor

models, that infringe the 060 patent.

14. To redress the Defendants infringement of the 060 patent, Plaintiffsseek actual damages and a permanent injunction to stop the infringing activities of

Saint-Gobain and Philips.

INFRINGEMENT OF U.S. PATENT NO. 7,132,060

15. Plaintiffs incorporate and re-allege paragraphs 1 through 14 as if fullyset forth herein.

16. Saint-Gobain has been and still is infringing the 060 patent, literallyor under the doctrine of equivalents, by making, using, importing, offering to sell,

and/or selling certain crystals, including, but not limited to the products identified

above.17. Philips has been and still is infringing the 060 patent, literally or

under the doctrine of equivalents, by making, using, importing, offering to sell,

and/or selling certain PET scanners, including, but not limited to the products

identified above.

18. As a direct and proximate result of the acts of infringement by Philipsand Saint-Gobain, Zecotek and BOET have been, are being, and will be damaged.

The infringement by Saint-Gobain and Philips of the patents exclusive rights under

the 060 patent will continue to damage Zecotek and BOET, causing irreparable

harm for which there is no adequate remedy at law, unless enjoined by this Court.



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PATENT INFRINGEMENT

19. Zecotek and BOET also are entitled to recover from Saint-Gobain andPhilips the damages sustained by Zecotek and BOET as a result of Saint-Gobain

and Philips wrongful acts in an amount subject to proof at trial.

20. Upon information and belief, the infringement by both Saint-Gobainand Philips is willful and deliberate, entitling Plaintiffs to increased damages under

35 U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action

under 35 U.S.C. 285.

PRAYER FOR RELIEF

Zecotek and BOET respectfully request entry of judgment in its favor and

against Saint-Gobain and Philips as follows:

(a) Declaring that Saint-Gobain and Philips have infringed and continue to

infringe the 060 patent;

(b) Declaring that such infringement by Saint-Gobain and Philips has been

willful;

(c) Awarding the damages arising out of Saint-Gobain and Philips

infringement of the 060 patent, including enhanced damages pursuant to 35 U.S.C.

284, together with prejudgment and post-judgment interest, in an amountaccording to proof;

(d) Permanently enjoining Saint-Gobain and Philips, and their respective

officers, agents, employees, and those acting in privity with them, from further

infringement of the 060 patent;

(e) Awarding attorneys fees pursuant to 35 U.S.C. 285 or as otherwise

permitted by law; and

(f) Awarding such other costs and further relief as the Court may deem

just and proper.

DEMAND FOR JURY TRIAL

Zecotek and BOET respectfully request a trial by jury on all issues so triable.



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PATENT INFRINGEMENT

Dated: February 22, 2012 MARC M. SELTZERVICTORIA L. COOKJUSTIN A. NELSONSUSMAN GODFREY L.L.P.

THOMAS E. LOOPGRAYBEAL JACKSON LLP

By:Victoria L. Cook

Attorneys for Plaintiffs Zecotek ImagingSystems Pte. Ltd. and Beijing Opto-Electronics Technology Co.



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