CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`OTICON A/S AND OTICON, INC.,
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` Plaintiffs,
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`v.
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` Defendants.
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`Case No.
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`JURY TRIAL DEMANDED
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`GN RESOUND A/S AND GN HEARING CARE
`CORPORATION,
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`COMPLAINT
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`Plaintiffs Oticon A/S and Oticon, Inc. (“Plaintiffs”), for their Complaint against
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`Defendants GN ReSound A/S and GN Hearing Care Corporation (“Defendants”) state and allege
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`as follows:
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`NATURE OF ACTION
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`1.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. § 101, et seq.
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`THE PARTIES
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`2.
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`Plaintiff Oticon A/S is a corporation organized under the laws of Denmark, with a
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`corporate headquarters located at Kongebakken 9, DK-2765 Smørum, Denmark.
`3.
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`Plaintiff Oticon, Inc. is a corporation organized under the laws of California, with
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`its principal place of business at 580 Howard Avenue, Somerset, New Jersey, 08873.
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`CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 2 of 7
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`4.
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`On information and belief, Defendant GN ReSound A/S is a is a corporation
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`organized under the laws of Denmark, with a corporate headquarters located at Lautrupbjerg 7,
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`DK-2750 Ballerup, Denmark.
`5.
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`On information and belief, Defendant GN Hearing Care Corporation is organized
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`under the laws of California and has its principal place of business located at 8001 E.
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`Bloomington Fwy, Bloomington, Minnesota, 55420.
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`JURISDICTION AND VENUE
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`6.
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`This is an action for patent infringement under the patent laws of the United
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`States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of
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`this action under 28 U.S.C. §§ 1331 and 1338(a).
`7.
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`Venue is proper in this judicial District under 28 U.S.C. §§ 1391(b) and 1400(b).
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`On information and belief, Defendants GN ReSound A/S and GN Hearing Care Corporation
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`have committed infringing acts within this District, including making, selling, offering for sale,
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`using and/or importing infringing devices.
`8.
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`Defendant GN Hearing Care Corporation is subject to personal jurisdiction in this
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`District. On information and belief, Defendant GN Hearing Care Corporation maintains its
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`corporate headquarters in this District, regularly conducts business in this District, and has
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`committed infringing acts within this District. On information and belief, Defendant GN
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`Hearing Care Corporation employs over 350 employees in the Bloomington, Minnesota, area,
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`and its Bloomington headquarters is the strategic center of Defendant GN Hearing Care’s
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`distribution of ReSound products, including the infringing devices, within the United States.
`9.
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`Defendant GN ReSound A/S is subject to personal jurisdiction in this District.
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`Defendant GN ReSound A/S owns 100% of the stock of GN U.S. Holdings, Inc., which in turn
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`owns 100% of the stock of Defendant GN Hearing Care Corporation. On information and belief,
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`Defendant GN ReSound A/S operates an established distribution channel for infringing devices,
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`leading to Bloomington, Minnesota, has committed infringing acts within this District, and has
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`CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 3 of 7
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`directed and continues to direct the infringing acts, including in this District, of Defendant GN
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`Hearing Care Corporation. GN ReSound A/S has previously sought to litigate a patent
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`infringement action in this District, and has argued that it has minimum contacts sufficient to
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`establish personal jurisdiction over GN ReSound A/S in the District of Minnesota.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,995,699
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`10.
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`Plaintiffs restate and reallege the allegations of paragraphs 1 through 9 as if fully
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`set forth herein.
`11.
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`On March 31, 2015, United States Patent No. 8,995,699 (hereinafter referred to as
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`“the ’699 Patent”), entitled HEARING AID WITH ANTENNA FOR RECEPTION AND
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`TRANSMISSION OF ELECTROMAGNETIC SIGNALS, was duly and legally issued by the
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`United States Patent and Trademark Office. A true and correct copy of the ’699 Patent is
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`attached hereto as Exhibit A.
`12.
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`Plaintiff Oticon A/S is the assignee and owner of all right, title, and interest in and
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`to the ’699 Patent, including the right to assert all causes of action arising under said patent and
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`the right to any remedies for infringement of the ’699 Patent.
`13.
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`Plaintiff Oticon, Inc. holds an exclusive license to the ’699 patent, including the
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`rights to import, make, have made, offer to sell, sell, and use products covered by the ’699 patent
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`within the United States, and Plaintiff Oticon A/S has the right to join Plaintiff Oticon, Inc. in
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`actions to enforce the ’699 patent.
`14. Without license or authorization, each of the Defendants has been infringing, and
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`continues to infringe, the ’699 Patent by, on information and belief, making, selling, offering for
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`sale, and/or using within the United States, including within this judicial District, certain hearing
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`devices that embody the inventions claimed in the ’699 Patent. These infringing devices include
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`at least the ReSound Linx2 LS9ITE and Linx2 LS9ITC, and all in-the-ear (“ITE”) and in-the-
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`canal (“ITC”) hearing aid devices that employ wireless radio frequency (RF) communication
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`CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 4 of 7
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`technology materially similar to that employed in these devices. Such acts constitute
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`infringement under at least 35 U.S.C. § 271(a).
`15.
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`On information and belief, Defendants have also contributed to infringement
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`under 35 U.S.C. § 271(c), by selling, offering to sell, and/or importing infringing hearing devices
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`and/or components constituting a material part thereof, including at least circuit boards,
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`transducers, antennas, faceplates and/or shells. On information and belief, Defendants have done
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`so knowing these items were especially made for use in infringing the ’699 Patent, and have had
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`knowledge of such infringement and knowledge of the ’699 Patent since at least the date this
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`Complaint was filed and served on Defendants. On information and belief, these components are
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`not staple articles of commerce and have no substantial non-infringing uses. On information and
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`belief, these items are utilized by third parties including distributors, retailers, dispensers and/or
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`end-users to sell, offer to sell, make, and/or use infringing products, which actions comprise acts
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`of direct infringement under 35 U.S.C. § 271(a).
`16.
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`Defendants also have induced and/or are inducing infringement of the ’699 patent
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`under 35 U.S.C. § 271(b), by inducing and encouraging third parties including distributors,
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`retailers, dispensers and/or end-users to sell, offer to sell, make, and/or use infringing products,
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`which actions comprise acts of direct infringement under 35 U.S.C. § 271(a). Such acts of
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`inducement include at least providing information such as product datasheets, user guides,
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`patient brochures and informational videos to distributors, retailers, dispensers and end-users,
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`and/or by providing dispenser referrals, product warranty information and other customer
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`support services to end-users of the infringing hearing aid devices, and providing infringing
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`hearing devices and/or circuit boards, transducers, antennas, faceplates and/or shells used in
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`practicing the inventions of the ’699 Patent. Defendants have known of this infringement and
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`the existence of the ’699 patent since at least the date that this Complaint was filed and served on
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`Defendants. On information and belief, Defendants sold and/or offered for sale these items, and
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`are continuing to do so, specifically intending to actively encourage third parties to make, use,
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`CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 5 of 7
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`and/or sell the infringing devices within the United States in a manner that Defendants know to
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`be infringing.
`17.
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`On information and belief, Defendants have had knowledge of the ’699 patent,
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`since at least the date this Complaint was filed and served on Defendants. On information and
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`belief, Defendants have acted and/or are continuing to act despite an objectively high likelihood
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`that their actions constitute infringement of a valid patent, and knew or should have known of
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`that objectively high risk at least as of the date this Complaint was filed and served on
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`Defendants. Defendants’ infringement of the ’699 patent has been and continues to be willful
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`and deliberate, in disregard of plaintiff’s rights, entitling Plaintiffs to enhanced damages under
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`35 U.S.C. § 284 and reasonable attorneys’ fees and costs.
`18.
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`On information and belief, Defendants have infringed and continue to infringe the
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`’699 Patent in violation of 35 U.S.C. §§ 271(a), 271(b) and/or 271(c).
`19.
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`Plaintiffs have been damaged by Defendants’ infringing activities. Plaintiffs are
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`entitled to recover from Defendants the damages adequate to compensate for such infringement,
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`in an amount to be determined at trial. To the extent either or both of Defendants had actual
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`knowledge of U.S. Patent Application Publication No. 2014/0169604, Plaintiffs are entitled to a
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`recovery of damages dating back to at least the date of such actual knowledge pursuant to 35
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`U.S.C. § 154(d).
`20.
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`Defendants’ acts of infringement have caused and will continue to cause
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`irreparable harm to Plaintiffs, entitling Plaintiffs to injunctive relief.
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`JURY DEMAND
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`21.
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand a
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`trial by jury on all issues triable as such.
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`CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 6 of 7
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`PRAYER FOR RELIEF
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`22. WHEREFORE, Plaintiffs respectfully demand entry of judgment in favor of
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`themselves and against each Defendant as follows:
`(a)
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`That this Court adjudge that each Defendant has infringed and is
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`infringing the ’699 Patent;
`(b)
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`That this Court adjudge that each Defendant has willfully infringed and is
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`willfully infringing the ’699 Patent.
`(c)
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`That this Court ascertain and award Plaintiffs damages sufficient to
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`compensate them for the above infringement and that the damages so ascertained be awarded to
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`Plaintiffs with interest, including lost profits, together with interest and costs, and all other
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`damages permitted by 35 U.S.C. § 284, including enhanced damages up to three times the
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`amount of damages found or measured, but in any event no less than a reasonable royalty;
`(d)
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`For an accounting for any infringing sales not presented at trial and an
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`award by the Court of additional damages for any such infringing sales;
`(e)
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`That this Court issue an injunction prohibiting the making, using, offer for
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`sale, and sale within the United States, and importation into the United States, of any infringing
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`devices by either of the Defendants or any agents or subsidiaries thereof;
`(f)
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`That this Court find this case to be exceptional under 35 U.S.C. § 285 and
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`award Plaintiffs their attorneys’ fees, costs and expenses in this action; and
`(g)
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`That this Court award Plaintiffs such other relief as the Court may deem
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`just and equitable.
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`CASE 0:15-cv-02801-PJS-HB Document 1 Filed 06/25/15 Page 7 of 7
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`Dated: June 25, 2015
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`FISH & RICHARDSON P.C.
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`By: /s/ Michael E. Florey
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`Michael E. Florey (# 0214322)
`florey@fr.com
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Telephone: (612) 335-5070
`Facsimile: (612) 288-9696
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`Attorneys for Plaintiffs
`OTICON A/S and OTICON, INC.
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`50983519.docx
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