CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 1 of 20
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`
`)
`) Case No. _____________
`)
`)
`)
`) COMPLAINT AND
`) DEMAND FOR JURY TRIAL
`)
`)
`)
`)
`)
`
`
`
`STRATASYS INC.
`
` Plaintiff,
`
`v.
`
`MICROBOARDS TECHNOLOGY, LLC
`
`d/b/a AFINIA
`
` Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Stratasys Inc., for its Complaint against Defendant Microboards
`
`Technology, LLC d/b/a Afinia, alleges as follows:
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`PARTIES
`
`1.
`
`Plaintiff Stratasys Inc. (“Stratasys”) is a Delaware corporation with a
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`principal place of business at 7665 Commerce Way, Eden Prairie, Minnesota 55344.
`
`2.
`
`On information and belief, Defendant Microboards Technology, LLC is a
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`Minnesota limited liability company with a principal place of business at 8150 Mallory
`
`Court, Chanhassen, Minnesota 55317 and conducts business relevant to this action through
`
`its unincorporated division known as Afinia. The defendant is hereinafter referred to as
`
`Afinia.
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`MICROBOARDS - EXHIBIT 1010
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`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`
`)
`) Case No. _____________
`)
`)
`)
`) COMPLAINT AND
`) DEMAND FOR JURY TRIAL
`)
`)
`)
`)
`)
`
`
`
`STRATASYS INC.
`
` Plaintiff,
`
`v.
`
`MICROBOARDS TECHNOLOGY, LLC
`
`d/b/a AFINIA
`
` Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Stratasys Inc., for its Complaint against Defendant Microboards
`
`Technology, LLC d/b/a Afinia, alleges as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Stratasys Inc. (“Stratasys”) is a Delaware corporation with a
`
`principal place of business at 7665 Commerce Way, Eden Prairie, Minnesota 55344.
`
`2.
`
`On information and belief, Defendant Microboards Technology, LLC is a
`
`Minnesota limited liability company with a principal place of business at 8150 Mallory
`
`Court, Chanhassen, Minnesota 55317 and conducts business relevant to this action through
`
`its unincorporated division known as Afinia. The defendant is hereinafter referred to as
`
`Afinia.
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 2 of 20
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 1 et seq.
`
`4.
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`This Court has subject matter jurisdiction over this action under 28 U.S.C.
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`§§ 1331 and 1338(a).
`
`5.
`
`The Court has both general and specific personal jurisdiction over Afinia.
`
`On information and belief, Afinia transacts business and has continuous and systematic
`
`contacts in this District, maintains an ongoing presence within the District, and has
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`committed acts of patent infringement in this District.
`
`6.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c)
`
`and 1400(b).
`
`FACTS
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`7.
`
`Stratasys was founded in 1989 by Steven Scott Crump, an engineer and
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`inventor, and Lisa H. Crump to capitalize on Mr. Crump’s invention of Fused Deposition
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`Modeling, which is an additive manufacturing process that prints three dimensional (“3D”)
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`objects from computer models by building up layers of one or more extruded materials
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`onto a platform using a device that has come to be generally known as a 3D printer.
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`Stratasys has commercialized this technology in its FDM® 3D printers and production
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`systems.
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`8.
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`Stratasys has grown from a small start-up to be the worldwide leader in sales
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`of 3D printers. The Stratasys FDM® printers and systems are used for prototyping, design,
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`and manufacturing purposes, and are used extensively in engineering, aerospace,
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`automotive, medical, education, and many other industries and applications.
`
`9.
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`Stratasys has invested millions of dollars in improving its FDM® technology
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`over the past two and a half decades since its inception, and has numerous patents covering
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`advancements in Fused Deposition Modeling devices and methods.
`
`10.
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`In 2012, Stratasys Inc. merged with Objet Ltd. of Rehovot, Israel to form the
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`corporate entity Stratasys Ltd. (Nasdaq: SSYS). Today, Stratasys Ltd. and its subsidiaries,
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`including Stratasys Inc. and MakerBot Industries, have more than 1500 employees, hold
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`more than 500 granted or pending additive manufacturing patents globally, and have
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`received numerous awards for technology and leadership.
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`11.
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`In recent years, other companies have begun to make and sell 3D printers that
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`incorporate features and capabilities involving the extrusion of materials in additive layers
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`to form 3D objects. For example, by 2011, a Chinese company began making and selling
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`the UP! printer. On information and belief, the UP! printer is sold in the United States
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`through direct sales over the Internet, through resellers, and through original equipment
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`manufacturers who rebrand and repackage imported UP! printers under their own name
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`and may add features or enhancements to the printer.
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`12. On information and belief, Afinia began selling a rebranded and repackaged
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`UP! printer as the Afinia H-Series 3D Printer at least by 2012. Afinia sells the Afinia
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`H-Series 3D Printer at least through its website (www.afinia.com) and online retailers.
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`Afinia also makes available and distributes marketing, instructional, and support materials
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`to customers through its website. Afinia also maintains a technical support staff that
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`provides support to customers, including through Afinia’s website and by email and
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`telephone.
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`PATENTS IN SUIT
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`13. On August 5, 1997, U.S. Patent No 5,653,925 (“the ’925 patent”) entitled
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`“METHOD FOR CONTROLLED POROSITY THREE-DIMENSIONAL MODELING,”
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`was duly and lawfully issued by the United States Patent and Trademark Office. Stratasys
`
`was assigned and continues to hold all right, title, and interest in the ’925 patent. A true
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`and correct copy of the ’925 patent is attached as Exhibit A to this Complaint.
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`14. On February 2, 1999, U.S. Patent No. 5,866,058 (“the ’058 patent”), entitled
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`“METHOD FOR RAPID PROTOTYPING OF SOLID MODELS,” was duly and lawfully
`
`issued by the United States Patent and Trademark Office. Stratasys was assigned and
`
`continues to hold all right, title, and interest in the ’058 patent. A true and correct copy of
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`the ’058 patent is attached as Exhibit B to this Complaint.
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`15. On December 21, 1999, U.S. Patent No. 6,004,124 (“the ’124 patent”),
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`entitled “THIN-WALL TUBE LIQUIFIER,” was duly and lawfully issued by the United
`
`States Patent and Trademark Office. Stratasys was assigned and continues to hold all right,
`
`title, and interest in the ’124 patent. A true and correct copy of the ’124 patent is attached
`
`as Exhibit C to this Complaint.
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`16. On January 8, 2013, U.S. Patent No. 8,349,239 (“the ’239 patent”), entitled
`
`“SEAM CONCEALMENT FOR THREE-DIMENSIONAL MODELS,” was duly and
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`lawfully issued by the United States Patent and Trademark Office. Stratasys was assigned
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`and continues to hold all right, title, and interest in the ’239 patent. A true and correct copy
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`of the ’239 patent is attached as Exhibit D to this Complaint.
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`INFRINGING PRODUCT
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`17. On information and belief, Afinia makes, uses, offers to sell, and/or sells
`
`within the United States and/or imports into the United States an Afinia H-Series 3D
`
`Printer, an example of which is shown below.
`
`
`(See Exhibit E, Afinia H-Series 3D Printer User’s Manual, cover.)
`
`
`
`18.
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`The Afinia H-Series 3D Printer creates 3D objects, which, for example, can
`
`be used for prototyping and design purposes. Generally speaking, the 3D model is created
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`by delivering plastic filament from a spool through an extruder and nozzle, which heats the
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`filament to printing temperature and deposits it onto a platform. The filament is deposited
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`layer-by-layer in a pattern to create a 3D model. (See, e.g., Exhibit E, Afinia H-Series 3D
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`Printer User’s Manual at 6; see also, e.g., Afinia Product Videos, available at
`
`http://www.afinia.com/support/product-videos (last visited Nov. 22, 2013); Afinia Video,
`
`available at http://www.youtube.com/watch?v=RoXLsHJwmnE (last visited Nov. 22,
`
`2013).)
`
`19. Afinia markets and sells the Afinia H-Series 3D Printer to the general public,
`
`including to hobbyists and educators and to persons interested in using the printer for
`
`prototyping and design purposes. (See, e.g., Afinia Product Videos, available at
`
`http://www.afinia.com/support/product-videos (last visited Nov. 22, 2013); Afinia Video,
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`available at http://www.youtube.com/watch?v=RoXLsHJwmnE (last visited Nov. 22,
`
`2013).)
`
`20. Afinia sells the Afinia H-Series 3D Printer at least through its website
`
`(https://store.afinia.com/) and online retailers. Afinia also distributes marketing,
`
`instructional, and support materials for the Afinia H-Series 3D Printer to customers
`
`through its website. (See Exhibit E, Afinia H-Series 3D Printer User’s Manual; Exhibit F,
`
`Afinia H-Series Product Brochure; Afinia Product Videos, available at
`
`http://www.afinia.com/support/product-videos (last visited Nov. 22, 2013); Afinia
`
`Technical Videos, available at http://www.afinia.com/support/technical-videos (last
`
`visited Nov. 22, 2013).)
`
`21. On information and belief, before and/or during development of the Afinia
`
`H-Series 3D Printer, Afinia investigated and analyzed the market and business opportunities
`
`for 3D printer technology. On information and belief, Afinia is believed to have obtained
`
`knowledge of patents of competitors, likely including patents of Stratasys, before and/or
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`during the research and development of the Afinia H-Series 3D Printer. (See Exhibit G,
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`Executive Interview: Mitch Ackmann, 3D Printing Industry (Aug. 28, 2013) (President of
`
`Afinia).) Afinia is also believed to have obtained and analyzed 3D printers of its competitors,
`
`which likely would include Stratasys Inc. and MakerBot printers. (Id.)
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`COUNT 1
`INFRINGEMENT OF THE ’925 PATENT
`
`Stratasys reaffirms and realleges the allegations set forth in Paragraphs 1-21
`
`22.
`
`above.
`
`23.
`
`The ’925 patent generally relates to methods for controlling the porosity of
`
`objects through, among other things, adjusting the rate of deposition of material to create
`
`gaps as the object is built up layer by layer. (See Exhibit A.)
`
`24. At least as of the date of filing of this Complaint, Afinia has knowledge of
`
`the ’925 patent.
`
`25. On information and belief, the Afinia H-Series 3D Printer has been and/or is
`
`being used in a manner that infringes at least one claim of the ’925 patent.
`
`26.
`
`The Afinia H-Series 3D Printer includes porosity controls. For example, the
`
`User’s Manual for the Afinia H-Series 3D Printer describes “Fill Settings” that allow the
`
`user to select from “four ways to fill the interior of the parts.” (Exhibit E, Afinia H-Series
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`3D Printer User’s Manual at 24.) These Fill Settings provide a pre-determined porosity for
`
`a 3D object by adjusting the rate of the dispensing material. Afinia includes the following
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`graphic in its User’s Manual, showing how the porosity controls will vary the porosity of
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`an object made with the Afinia H-Series 3D Printer:
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`(Id.)
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`27. On information and belief, Afinia has directly infringed and is directly
`
`infringing the ’925 patent under 35 U.S.C. § 271(a) by its use of the Afinia H-Series 3D
`
`Printer in the United States to perform at least one claim of the ’925 patent.
`
`28.
`
`In addition, on information and belief, at least as of the filing date of this
`
`Complaint, Afinia has actively induced and is actively inducing others, such as Afinia’s
`
`customers, to directly infringe at least one claim of the ’925 patent in the United States, in
`
`violation of 35 U.S.C § 271(b). For example, on information and belief, Afinia has sold or
`
`otherwise provided its Afinia H-Series 3D Printer to third parties, such as Afinia’s
`
`customers, the use of which by Afinia’s customers has directly infringed and is directly
`
`infringing at least one claim of the ’925 patent. The Afinia H-Series 3D Printer, for
`
`example, includes the “Fill Settings” described above for controlling porosity in the 3D
`
`object. Afinia, moreover, specifically intends and encourages its customers to use its
`
`Afinia H-Series 3D Printer in violation of the ’925 patent. This is shown from Afinia’s
`
`User’s Manual for the Afinia H-Series 3D Printer, which describes the use of the “Fill
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`Settings,” which in turn control the porosity of the 3D object created using the Afinia
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`H-Series 3D Printer. Afinia, therefore, intends and encourages its customers to select a
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`porosity when printing a 3D model with the Afinia H-Series 3D Printer and to therefore use
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`the Afinia H-Series 3D Printer in violation of one or more claims of the ’925 patent.
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`29.
`
`In addition, on information and belief, at least as of the filing date of this
`
`Complaint, Afinia has contributed to and is contributing to the direct infringement of at
`
`least one claim of the ’925 patent by third parties, such as Afinia’s customers, in the United
`
`States, in violation of 35 U.S.C § 271(c). For example, on information and belief, Afinia
`
`has contributed to and is contributing to infringement of the ’925 patent by selling its
`
`customers Afinia H-Series 3D Printers, the use of which by Afinia’s customers has directly
`
`infringed and is directly infringing at least one claim of the ’925 patent. Indeed, on
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`information and belief, each “Fill Setting” for the Afinia H-Series 3D Printer creates gaps
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`between the material, and there does not appear to be a fill setting option other than those
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`identified in the User’s Manual. Accordingly, there are no substantial and non-infringing
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`uses of the Afinia H-Series 3D Printer. The Afinia H-Series 3D Printer is also a material
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`part of the invention of the ’925 patent, as use of the device infringes one or more claims of
`
`the ’925 patent.
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`30. On information and belief, Afinia will continue to directly infringe, actively
`
`induce others to infringe, and/or contribute to the infringement of the ’925 patent unless
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`and until Afinia is enjoined by this Court.
`
`31. As a result, Stratasys will be damaged and will be irreparably injured unless
`
`and until Afinia’s infringing activities are enjoined by this Court.
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`32. On information and belief, and as explained above, Afinia had knowledge of
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`competitor patents before and/or during development of the Afinia H-Series 3D Printer.
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`Afinia is also believed to have obtained and analyzed 3D printers of its competitors. If
`
`Stratasys learns of facts during discovery that show willful infringement of the ’925 patent,
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`Stratasys reserves the right to and intends to assert willful infringement of the ’925 patent.
`
`COUNT II
`INFRINGEMENT OF THE ’058 PATENT
`
`Stratasys reaffirms and realleges the allegations set forth in Paragraphs 1-32
`
`33.
`
`above.
`
`34.
`
`The ’058 patent generally relates to methods for controlling the solidification
`
`of extruded materials in layers by, among other things, maintaining a build environment in
`
`the vicinity where material is deposited at a temperature above a solidification temperature.
`
`The claimed methods tend to reduce the impact of curl deformation due to internal stresses
`
`created in the object during solidification. (See Exhibit B.)
`
`35. At least as of the date of filing of this Complaint, Afinia has knowledge of
`
`the ’058 patent.
`
`36. On information and belief, the Afinia H-Series 3D Printer has been and/or is
`
`being used in a manner that infringes at least one claim of the ’058 patent.
`
`37.
`
`The Afinia H-Series 3D Printer maintains a heated build environment above
`
`the solidification temperature at least through the heating of the platform upon which the
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`extruder deposits the material.
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`38.
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`For example, the User’s Manual for the Afinia H-Series 3D Printer
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`emphasizes that “[o]ne of the keys to successful printing on the Afinia H-Series 3D Printer
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`is platform preparation and preheating” and that a “very well preheated” platform will
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`achieve the best results:
`
`
`
`(Exhibit E, Afinia H-Series 3D Printer User’s Manual at 26.) In fact, the Afinia H-Series
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`3D Printer includes a “Table Heat 1hr” option which heats the platform to 105°C for a full
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`hour. (Id. at 17.)
`
`39.
`
`In addition, the User’s Manual explains that the extruder nozzle “heats the
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`filament to printing temperature and deposits it on the Platform,” and cautions the user that
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`“[t]he extruder and platform are hot.” (Exhibit E, Afinia H-Series 3D Printer User’s
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`Manual at 6, 31.)
`
`40.
`
`The User’s Manual for the Afinia H-Series 3D Printer further states that
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`“Preheating the platform (see page 26) to at least 90 degrees C when printing with ABS is a
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`step you don’t want to miss.” (Exhibit E, Afinia H-Series 3D Printer User’s Manual at 34.)
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`The manual also teaches to “[p]osition the parts as close to the center of the platform as
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`possible,” which is “where the heating is most regulated.” (Id.)
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`41. On information and belief, Afinia has directly infringed and is directly
`
`infringing the ’058 patent under 35 U.S.C. § 271(a) by its use of the Afinia H-Series 3D
`
`Printer in the United States to perform at least one claim of the ’058 patent.
`
`42.
`
`In addition, on information and belief, at least as of the date of filing of this
`
`Complaint, Afinia has actively induced and is actively inducing others, such as Afinia’s
`
`customers, to directly infringe at least one claim of the ’058 patent in the United States, in
`
`violation of 35 U.S.C § 271(b). For example, on information and belief, Afinia has sold or
`
`otherwise provided its Afinia H-Series 3D Printer to third parties, such as Afinia’s
`
`customers, the use of which by Afinia’s customers has directly infringed and is directly
`
`infringing at least one claim of the ’058 patent. The Afinia H-Series 3D Printer, on
`
`information and belief, includes a platform heating feature that will maintain a build
`
`environment in the vicinity where material is deposited at a temperature above a
`
`solidification temperature. Afinia, moreover, specifically intends and encourages its
`
`customers to use its Afinia H-Series 3D Printer and to, among other things, maintain a
`
`temperature above a solidification temperature in violation of the ’058 patent. This is
`
`shown from the User’s Manual for the Afinia H-Series 3D Printer, which, for example,
`
`instructs users to preheat the platform before depositing the material. As explained above,
`
`the User’s Manual emphasizes that the platform should be “very well preheated.” (Exhibit
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`E, Afinia H-Series 3D Printer User’s Manual at 26.) The User’s Manual also states that
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`“[t]he extruder and platform are hot,” (id. at 31), and that preheating the platform “is a step
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`you don’t want to miss,” (id. at 34).
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`43.
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`In addition, on information and belief, at least as of the date of filing of this
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`Complaint, Afinia has contributed to and is contributing to direct infringement of at least
`
`one claim of the ’058 patent by third parties, such as Afinia’s customers, in the United
`
`States, in violation of 35 U.S.C § 271(c). For example, on information and belief, Afinia
`
`has contributed to and is contributing to infringement of the ’058 patent by selling its
`
`customers Afinia H-Series 3D Printers, the use of which by Afinia’s customers has directly
`
`infringed and is directly infringing the ’058 patent. Indeed, on information and belief, the
`
`Afinia H-Series 3D Printer does not have any substantial and non-infringing uses. The
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`User’s Manual, for example, emphasizes that to avoid undesirable lift at the corners of an
`
`object, the platform should be preheated. (Exhibit E, Afinia H-Series 3D Printer User’s
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`Manual at 34.) The User’s Manual also states that the platform should be “very well
`
`preheated,” (id.at 26), that “[t]he extruder and platform are hot,” (id. at 31), and that
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`preheating the platform “is a step you don’t want to miss,” (id. at 34). The Afinia H-Series
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`3D Printer is also a material part of the invention of the ’058 patent, as use of the device
`
`infringes one or more claims of the ’058 patent.
`
`44. On information and belief, Afinia will continue to directly infringe, actively
`
`induce others to infringe, and/or contribute to the infringement of the ’058 patent unless
`
`and until Afinia is enjoined by this Court.
`
`45. As a result, Stratasys will be damaged and will be irreparably injured unless
`
`and until Afinia’s infringing activities are enjoined by this Court.
`
`46. On information and belief, and as explained above, Afinia had knowledge of
`
`competitor patents before and/or during development of the Afinia H-Series 3D Printer.
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`Afinia is also believed to have obtained and analyzed 3D printers of its competitors. If
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`Stratasys learns of facts during discovery that show willful infringement of the ’058 patent,
`
`Stratasys reserves the right to and intends to assert willful infringement of the ’058 patent.
`
`COUNT III
`INFRINGEMENT OF THE ’124 PATENT
`
`Stratasys reaffirms and realleges the allegations set forth in Paragraphs 1-46
`
`47.
`
`above.
`
`48.
`
`The ’124 patent generally relates to an apparatus for controlling the
`
`temperature of extrudable material in the liquifier of the extruder through the use of a novel
`
`thin-wall tube construction in the liquifier. (See Exhibit C.)
`
`49.
`
`Stratasys makes and sells 3D printers that are embodied by one or more
`
`claims of the ’124 patent.
`
`50.
`
`Stratasys has complied with 35 U.S.C. § 287(a) by marking its products with
`
`the ’124 patent.
`
`51. On information and belief, Afinia has directly infringed and is directly
`
`infringing at least one claim of the ’124 patent under 35 U.S.C. § 271(a) by making, using,
`
`offering to sell, and/or selling within the United States and/or importing into the United
`
`States its Afinia H-Series 3D Printer and extruder replacement parts.
`
`52. On information and belief, the Afinia H-Series 3D Printer includes a liquifier
`
`having a thin-wall tube with a section of the tube encased in a heating block. Depicted
`
`below is a photograph from the Afinia H-Series 3D Printer User’s Manual, which generally
`
`shows a portion of the extruder assembly, which includes a thin-wall tube liquifier:
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 15 of 20
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`(Exhibit E, Afinia H-Series 3D Printer User’s Manual at 14.)
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`53.
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` On information and belief, Afinia will continue to directly infringe the ’124
`
`patent unless and until Afinia is enjoined by this Court.
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`54. As a result, Stratasys will be damaged and will be irreparably injured unless
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`and until Afinia’s infringing activities are enjoined by this Court.
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`55. On information and belief, and as explained above, Afinia had knowledge of
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`competitor patents before and/or during development of the Afinia H-Series 3D Printer.
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`Afinia is also believed to have obtained and analyzed 3D printers of its competitors. If
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`Stratasys learns of facts during discovery that show willful infringement of the ’124 patent,
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`Stratasys reserves the right to and intends to assert willful infringement of the ’124 patent.
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`COUNT IV
`INFRINGEMENT OF THE ’239 PATENT
`
`Stratasys reaffirms and realleges the allegations set forth in Paragraphs 1-55
`
`56.
`
`above.
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`57.
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`The ’239 patent generally relates to methods for concealing layer seams by
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`generating a contour tool path for a layer of extruded material, where the contour tool path
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`MICROBOARDS - EXHIBIT 1010
`MB015
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 16 of 20
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`comprises a start point, a stop point, and a path between the start point and the stop point
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`that seals a perimeter of a layer. For example, the start and/or stop points may be located
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`within the interior of a perimeter of the contour tool path as, for example, illustrated in
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`Figure 10 of the ’239 patent:
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`
`
`(See Exhibit D.)
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`58. At least as of the date of filing of this Complaint, Afinia has knowledge of
`
`the ’239 patent.
`
`59. On information and belief, the Afinia H-Series 3D Printer has been and/or is
`
`being used in a manner that infringes at least one claim of the ’239 patent.
`
`60. On information and belief, the Afinia H-Series 3D Printer creates a contour
`
`tool path that generates seams that seal a perimeter of a layer. For example, the start and/or
`
`stop points of the contour tool path are at a location within the interior region of a perimeter
`
`of a layer.
`
`61. On information and belief, Afinia has directly infringed and is directly
`
`infringing the ’239 patent under 35 U.S.C. § 271(a) by its use of the Afinia H-Series 3D
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`Printer in the United States to perform at least one claim of the ’239 patent.
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`MICROBOARDS - EXHIBIT 1010
`MB016
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 17 of 20
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`62.
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`In addition, on information and belief, at least as of the filing date of this
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`Complaint, Afinia has actively induced and is actively inducing others, such as Afinia’s
`
`customers, to directly infringe at least one claim of the ’239 patent in the United States, in
`
`violation of 35 U.S.C § 271(b). For example, on information and belief, Afinia has sold or
`
`otherwise provided its Afinia H-Series 3D Printer to third parties, such as Afinia’s
`
`customers, the use of which by Afinia’s customers has directly infringed and is directly
`
`infringing at least one claim of the ’239 patent. Afinia, moreover, specifically intends and
`
`encourages its customers to use the Afinia H-Series 3D Printer along with custom designed
`
`software in violation of the ’239 patent. Afinia, for example, includes “custom designed”
`
`Afinia software with the Afinia H-Series 3D Printer. (Exhibit E, Afinia H-Series 3D
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`Printer User’s Manual at 6; Afinia Product Videos, available at http://www.afinia.com/
`
`support/product-videos (last visited Nov. 22, 2013).) In addition, Afinia instructs users of
`
`the Afinia H-Series 3D Printer how to load and run the Afinia software. (See Exhibit E,
`
`Afinia H-Series 3D Printer User’s Manual at 9 (“Driver and Software Installation”); Afinia
`
`Technical Videos, available at http://www.afinia.com/support/technical-videos (last
`
`visited Nov. 22, 2013).) Furthermore, Afinia states: “Our printer provides superior fit and
`
`finish so you know your prints will be strong and look great.” (Afinia Product Videos,
`
`available at http://www.afinia.com/support/product-videos (last visited Nov. 22, 2013).)
`
`On information and belief, in order to provide “superior fit and finish,” the Afinia H-Series
`
`3D Printer, in conjunction with the software, creates a contour tool path that generates
`
`seams in violation of at least one claim of the ’239 patent. Afinia therefore encourages and
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`MICROBOARDS - EXHIBIT 1010
`MB017
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`
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 18 of 20
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`intends for its customers to use the Afinia H-Series 3D Printer in a manner that violates one
`
`or more claims of the ’239 patent.
`
`63.
`
`In addition, on information and belief, at least as of the filing date of this
`
`Complaint, Afinia has contributed to and is contributing to direct infringement of at least
`
`one claim of the ’239 patent by third parties, such as Afinia’s customers, in the United
`
`States, in violation of 35 U.S.C § 271(c). For example, on information and belief, Afinia
`
`has contributed to and is contributing to infringement of the ’239 patent by selling its
`
`customers Afinia H-Series 3D Printers, the use of which by Afinia’s customers has directly
`
`infringed and is directly infringing the ’239 patent. Indeed, on information and belief, the
`
`Afinia H-Series 3D Printer software is specifically designed to create a concealed seam by
`
`generating a contour tool path in violation of at least one claim of the ’239 patent. On
`
`information and belief, there are no substantial and non-infringing uses relating to the
`
`Afinia H-Series 3D Printer. For example, on information and belief, in order to provide
`
`“superior fit and finish,” the Afinia H-Series 3D Printer, in conjunction with the software,
`
`creates a contour tool path that generates seams in violation of at least one claim of the ’239
`
`patent. The Afinia H-Series 3D Printer is also a material part of the invention of the ’239
`
`patent, as use of the device infringes one or more claims of the ’239 patent.
`
`64. On information and belief, Afinia will continue to directly infringe, actively
`
`induce others to infringe, and/or contribute to the infringement of the ’239 patent unless
`
`and until Afinia is enjoined by this Court.
`
`65. As a result, Stratasys will be damaged and will be irreparably injured unless
`
`and until Afinia’s infringing activities are enjoined by this Court.
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`MICROBOARDS - EXHIBIT 1010
`MB018
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`
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 19 of 20
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`66. On information and belief, and as explained above, Afinia had knowledge of
`
`competitor patents before and/or during development of the Afinia H-Series 3D Printer.
`
`Afinia is also believed to have obtained and analyzed 3D printers of its competitors. If
`
`Stratasys learns of facts during discovery that show willful infringement of the ’239 patent,
`
`Stratasys reserves the right to and intends to assert willful infringement of the ’239 patent.
`
`PRAYER FOR RELIEF
`
`Wherefore, Stratasys requests entry of a judgment against Afinia granting the
`
`following relief:
`
`A.
`
`B.
`
`Finding Afinia liable for infringement of the patents-in-suit;
`
`Awarding Stratasys damages adequate to compensate for the infringement,
`
`including its lost profits and no less than a reasonable royalty;
`
`C.
`
`Declaring this an exceptional case within the meaning of 35 U.S.C. § 285 and
`
`awarding Stratasys its reasonable attorneys’ fees, costs and disbursements;
`
`D.
`
`E.
`
`Awarding Stratasys interest on all damages awarded;
`
`Preliminarily and permanently enjoining Afinia, together with any officers,
`
`agents, servants, employees, and attorneys and such other persons in active
`
`concert or participation with them who receive actual notice of the order,
`
`from further infringement of the patents-in-suit; and
`
`F.
`
`Awarding such other relief as is just and proper.
`
`DEMAND FOR JURY TRIAL
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`Plaintiff Stratasys demands a trial by jury of all issues triable by a jury.
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`MICROBOARDS - EXHIBIT 1010
`MB019
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`CASE 0:13-cv-03228-DWF-JJG Document 1 Filed 11/25/13 Page 20 of 20
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`Dated: November 25, 2013
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`
`
`
`
`
`s/ Kenneth A. Liebman
`
`Kenneth A. Liebman (MN 236731)
`Timothy E. Grimsrud (MN 034283X)
`Lauren M.W. Steinhaeuser (MN 0392477)
`FAEGRE BAKER DANIELS LLP
`2200 Wells Fargo Center
`90 South Seventh Street
`Minneapolis, MN 55402
`Telephone: (612) 766-7000
`Fax: (612) 766-1600
`
`Attorneys for Plaintiff
`Stratasys Inc.
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`MICROBOARDS - EXHIBIT 1010
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`CASE 0:13-cv-03228-DWF-JJG Document 1-1 Filed 11/25/13 Page 1 of 10
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`EXHIBIT A
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`
`
`
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`MICROBOARDS - EXHIBIT 1010
`MB021
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`
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`CASE 0:13-cv-03228-DWF-JJG Document 1-1 Filed 11/25/13 Page 2 of 10
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`111•1111111111111
`
`United States Patent [19]
`Batchelder
`
`US005653925A
`[11] Patent Number:
`[45] Date of Patent:
`
`5,653,925
`Aug. 5, 1997
`
`[54] METHOD FOR CONTROLLED POROSITY
`THREE-DIMENSIONAL MODELING
`
`[75]
`
`Inventor: John S. Batchelder, Somers, N.Y.
`
`[73] Assignee: Stratasys, Inc., Eden Prairie, Minn.
`
`[21] Appl. No.: 533,793
`
`Sep. 26, 1995
`
`[22] Filed:
`Int. Cl.6
`..................................................... B29C 41/02
`[51]
`[52] U.S. Cl. .......................... 264/113; 156/62.2; 264/308
`[58] Field of Search .............................. 264/41, 113, 308,
`264/401, 497; 156/62.2
`
`[56]
`
`References Cited
`
`U.S. PATENT DOCUMENfS
`
`5,303,141
`5,340,656
`5,490,962
`5,518,680
`
`. ............... 264/401 X
`4/1994 Batchelder et al.
`8/1994 Sachs et al. . ........................... 428/546
`211996 Cima et al .............................. 264/401
`5/1996 Cima et al .............................. 264/401
`
`Primary Examiner-Leo B. Tentoni
`Auomey, Agent, or Firm-Moore & Hansen
`
`[57]
`
`ABSTRACT
`
`A method of making a three dimensional object by depos
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