Case 1:17-cv-01268-UNA Document 1 Filed 09/05/17 Page 1 of 6 PageID #: 1
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`KALDREN LLC
`
`Plaintiff,
`
`v.
`
`EDWARDS LIFESCIENCES
`CORPORATION
`
`Defendant.
`
`
`
`
`
`
`C.A. No. _______________
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Kaldren LLC (“Kaldren” or “Plaintiff”), by and through its attorneys, hereby
`alleges for its Complaint for Patent Infringement against Defendant Edwards Lifesciences
`Corporation (“Edwards”), on personal knowledge as to its own activities and on information
`and belief as to all other matters, follows:
`
`THE PARTIES
`1.
`Kaldren is a Texas limited liability company with a principal office at 555
`Republic Drive, Suite 289, Plano, Texas 75074-5481.
`2.
`Edwards is a company organized under the laws of Delaware with its principal
`place of business located at One Edwards Way, Irvine, California 92614.
`JURISDICTION AND VENUE
`3.
`This is an action for patent infringement which arises under the Patent Laws of
`the United States, in particular, 35 U.S.C. §§271 et al.
`4.
`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
`§§1331 and 1338(a).
`5.
`This Court has personal jurisdiction over Edwards because it (either directly or
`through its subsidiaries, divisions, or groups) has sufficient minimum contacts with the forum as
`a result of business conducted within the State of Delaware; or specifically over Edwards (either
`
`1
`
`
`
`

`

`Case 1:17-cv-01268-UNA Document 1 Filed 09/05/17 Page 2 of 6 PageID #: 2
`
`
`
`directly or through its subsidiaries, divisions, or groups) because of its infringing conduct within
`or directed at parties in the State of Delaware and, therefore, this district.
`6.
`Venue is proper in this district pursuant to 28 U.S.C. §1400(b).
`
`THE PATENTS-IN-SUIT
`7.
`On November 23, 2004, the United States Patent and Trademark Office duly and
`lawfully issued United States Patent No. 6,820,807 (“the ’807 Patent”), entitled “Variable
`Formatting of Digital Data into a Pattern.” A true and correct copy of the ’807 Patent is
`attached as Exhibit 1 to this Complaint.
`8.
`On October 9, 2012, the United States Patent and Trademark Office duly and
`lawfully issued United States Patent No. 8,281,999 (“the ’999 Patent”), entitled “Variable
`Formatting of Digital Data into a Pattern.” A true and correct copy of the ’999 Patent is
`attached as Exhibit 2 to this Complaint.
`9.
`Kaldren is the owner of all right, title, and interest in and to the ’807 Patent and
`the ’999 Patent (collectively, the “Patents-in-Suit”), including the right to assert all claims
`arising under the Patents-in-Suit, and the right to any and all remedies for the infringement of
`the Patents-in-Suit including the right to recover past damages.
`10.
`Assignments for the Patents-in-Suit are duly recorded at the United States Patent
`and Trademark Office at Reel/Frame 041550/0316.
`11.
`The ’807 Patent and the ’999 Patent are presumed valid under 35 U.S.C. §282(a).
`
`COUNT 1: INFRINGEMENT OF THE ’807 PATENT
`12.
`Plaintiff incorporates by reference the above paragraphs.
`13.
`Edwards used (including testing by Edwards) one or more products that infringe
`at least one Claim of the ’807 Patent.
`14. Without license or authorization and in violation of 35 U.S.C. § 271(a), Edwards
`directly infringed at least Claims 12, 20, and 21 of the ’807 Patent in this district and throughout
`the United States, literally or under the doctrine of equivalents, by using (including testing) its
`accused 2D bar code product (“Accused Product”) as shown in Exhibit 3.
`15.
`Claims 12, 20, and 21 are understandable to a person having ordinary skill in the
`art who has the requisite education, training, and experience with the technology at issue in this
`case.
`
`2
`
`
`
`

`

`Case 1:17-cv-01268-UNA Document 1 Filed 09/05/17 Page 3 of 6 PageID #: 3
`
`
`
`16.
`A person having ordinary skill in the art understands Kaldren’s theory of how
`Edwards’s Accused Product infringes at least Claims 12, 20, and 21 upon a plain reading of this
`Complaint, its Exhibits, and the ’807 Patent.
`17.
`Kaldren reserves the right to modify its infringement theories as discovery
`progresses in this case; it shall not be estopped for purposes of its infringement contentions or
`its claim constructions by the claim charts it provides with this Complaint. Kaldren intends the
`claim charts for the ’807 Patent (Exhibit 4) to satisfy the notice requirements of Rule 8(a)(2) of
`the Federal Rule of Civil Procedure; they are not Kaldren’s preliminary or final infringement
`contentions or preliminary or final claim construction positions.
`18.
`Edwards has directly infringed at least Claims 12, 20, and 21 of the ’807 Patent,
`in this judicial district and elsewhere in the United States and Delaware, literally or under the
`doctrine of equivalents, by using, including testing, at least one of the Accused Products during
`the pendency of the ’807 Patent (e.g., Claim 20 of the ’807 Patent recites a method for
`retrieving an information resource, the method comprising: scanning a machine readable
`indicia comprising digital data values formatted into a two dimensional pattern; extracting an
`address of the information resource from the machine readable indicia; and retrieving the
`information resource for presentation to a user).
`COUNT 2: INFRINGEMENT OF THE ’999 PATENT
`19.
`Plaintiff incorporates by reference the above paragraphs.
`20.
`Edwards and uses (including testing by Edwards) one or more products that
`infringed and continue to infringe at least one Claim of the ’999 Patent.
`21. Without license or authorization and in violation of 35 U.S.C. § 271(a), Edwards
`directly infringes at least Claims 1, 4, 5, and 8 of the ’999 Patent in this district and throughout
`the United States and Delaware, literally or under the doctrine of equivalents, by using
`(including testing) its accused 2D bar code product (“Accused Product”) as shown in Exhibit 5.
`22.
`Claims 1, 4, 5, and 8 are understandable to a person having ordinary skill in the
`art who has the requisite education, training, and experience with the technology at issue in this
`case.
`
`23.
`A person having ordinary skill in the art understands Kaldren’s theory of how
`Edwards’s Accused Product infringes at least Claims 1, 4, 5, and 8 upon a plain reading of this
`Complaint, its Exhibits, and the ’999 Patent.
`
`3
`
`
`
`

`

`Case 1:17-cv-01268-UNA Document 1 Filed 09/05/17 Page 4 of 6 PageID #: 4
`
`
`
`24.
`Kaldren reserves the right to modify its infringement theories as discovery
`progresses in this case; it shall not be estopped for purposes of its infringement contentions or
`its claim constructions by the claim charts it provides with this Complaint. Kaldren intends the
`claim charts for the ’999 Patent (Exhibit 6) to satisfy the notice requirements of Rule 8(a)(2) of
`the Federal Rule of Civil Procedure; they are not Kaldren’s preliminary or final infringement
`contentions or preliminary or final claim construction positions.
`25.
`Since at least the date that Edwards was served with a copy of this Complaint,
`Edwards has known that its Accused Product directly infringes at least Claims 1, 4, 5, and 8 of
`the ’999 Patent.
`26.
`Edwards has infringed, and continues to infringe, directly at least Claims 1, 4, 5,
`and 8 of the ’999 Patent, in this judicial district and elsewhere in the United States and
`Delaware, literally or under the doctrine of equivalents, by using, including testing, at least one
`of the Accused Products during the pendency of the ’999 Patent (e.g., Claim 8 of the ’999
`Patent recites a communication system comprising: processing means for decoding a machine-
`readable code formatted into a two dimensional pattern where that machine-readable code
`contains contact information, whereby the contact information is derived, imaging means for
`imaging a machine-readable code whereby the processing means decodes the image of the
`machine-readable code produced by the imaging means, and communicating means for
`communicating where said communicating means communicates using the contact information
`derived from the processing means).
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff Kaldren respectfully requests that the Court:
`A.
`Enter judgment that Edwards has infringed at least one claim of the ’807 Patent
`literally or under the doctrine of equivalents;
`B.
`Enter judgment that Edwards has infringed, infringes, and continues to infringe
`at least one claim of the ’999 Patent literally or under the doctrine of equivalents;
`C.
`Award Kaldren past and future damages as applicable, to be paid by Edwards in
`an amount adequate to compensate Kaldren for such past and future damages, together with pre-
`judgment and post-judgment interest for the infringement by Edwards of the ’807 Patent and the
`’999 Patent throughout the periods of Edwards’s respective infringement in accordance with 35
`U.S.C. §284;
`
`4
`
`
`
`

`

`Case 1:17-cv-01268-UNA Document 1 Filed 09/05/17 Page 5 of 6 PageID #: 5
`
`
`
`D.
`An accounting of all infringing sales including, but not limited to, those sales not
`presented at trial; and
`E.
`Award Kaldren its costs, disbursements, attorneys’ fees, and any such further and
`additional relief as is deemed appropriate by this Court.
`
`JURY DEMAND
`Kaldren demands a trial by jury on all claims and issues so triable.
`
`
`
`
`
`5
`
`
`
`

`

`Case 1:17-cv-01268-UNA Document 1 Filed 09/05/17 Page 6 of 6 PageID #: 6
`
`
`
`
`Dated: September 5, 2017
`
`
`
`
`
`
`
` STAMOULIS & WEINBLATT LLC
`/s/Stamatios Stamoulis
`Stamatios Stamoulis #4606
`stamoulis@swdelaw.com
`Richard C. Weinblatt #5080
`weinblatt@swdelaw.com
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`(302) 999-1540
`
`TOLER LAW GROUP, PC
`Jeffrey G. Toler (Pro Hac Vice motion to be filed)
`jtoler@tlgiplaw.com
`Aakash S. Parekh (Pro Hac Vice motion to be filed)
`aparekh@tlgiplaw.com
`Craig S. Jepson (Pro Hac Vice motion to be filed)
`cjepson@tlgiplaw.com
`8500 Bluffstone Cove
`Suite A201
`Austin, TX 78759
`(512) 327-5515
`
`Attorneys for Plaintiff
`Kaldren LLC
`
`
`6
`
`
`
`