Case 2:20-cv-00052-JRG Document 1 Filed 02/24/20 Page 1 of 14 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Civil Action No. ___________
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`JURY TRIAL DEMANDED
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`VARTA MICROBATTERY GMBH,
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`AMAZON.COM, INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff VARTA Microbattery GmbH (“VARTA”) files this Complaint for Patent
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`Infringement of United States Patent Nos. 9,153,835; 9,496,581; and 9,799,913 (collectively “the
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`Patents-in-Suit”) against Defendant Amazon.com, Inc. (“Amazon”) and alleges as follows:
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`PARTIES
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`1.
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`VARTA is a German limited liability company headquartered at VARTA-Platz 1,
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`73479 Ellwangen, Baden-Württemberg, Germany.
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`2.
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`Amazon.com Inc. is a corporation organized under the laws of the State of
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`Delaware with a principal place of business at 410 Terry Avenue North, Seattle, Washington
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`98109. Upon information and belief, Amazon has multiple regular and established places of
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`business in Texas and in this Judicial District including at its distribution facility located at 1649
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`W. Frankford Rd., Carrollton, TX 75007, and its fulfillment facility located at 15201 Heritage
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`Parkway, Fort Worth, TX 76177.
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`

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`Case 2:20-cv-00052-JRG Document 1 Filed 02/24/20 Page 2 of 14 PageID #: 2
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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
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`United States, 35 U.S.C. et seq. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over Amazon in this action because Amazon
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`has committed and continues to commit infringing acts within the Eastern District of Texas and
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`has established minimum contacts with this District such that exercise of jurisdiction would not
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`offend traditional notions of fair play and substantial justice.
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`5.
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`Amazon sells and offers for sale in the State of Texas and/or imports into the
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`State of Texas the infringing products, including by placing such products into the stream of
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`commerce through established distribution channels including internet sites with the knowledge
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`and understanding that such products will be sold throughout the State of Texas including in this
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`District. Amazon has purposefully availed itself of the privileges of conducting business in the
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`State of Texas, including by deriving substantial revenues from importing and selling the
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`infringing products here.
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`6.
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`This Court has general jurisdiction over Amazon due to its continuous and
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`systematic contacts with the State of Texas and this District, including by maintaining a
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`continuous physical presence in this District at its distribution facility located at 1649 W.
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`Frankford Rd., Carrollton, TX 75007, and its fulfillment facility located at 15201 Heritage
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`Parkway, Fort Worth, TX 76177, and by conducting continuous and substantial business in the
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`State of Texas from which Amazon has derived significant revenue.
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`7.
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`Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. § 1400(b)
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`because Amazon has committed and continues to commit acts of infringement by selling and
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`offering to sell in and/or importing into this District the infringing products and because Amazon
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`has regular and established places of business in this District at its distribution facility located at
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`1649 W. Frankford Rd., Carrollton, TX 75007, and its fulfillment facility located at 15201
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`Heritage Parkway, Fort Worth, TX 76177 at which Amazon maintains a sizeable workforce of
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`employees and through which Amazon derives significant revenue.
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`BACKGROUND
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`8.
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`VARTA is a leading manufacturer of microbatteries, which include button cells
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`and coin cells due to their small form factor and low height. Applications for VARTA
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`microbatteries include, for example, watches, hearing aids, and wearable cordless devices such
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`as wireless earphones.
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`9.
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`In the mid-to-late 2000’s, VARTA undertook efforts to design and develop a
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`novel and proprietary microbattery technology with excellent mechanical strength
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`characteristics, increased power density, and better space utilization.
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`10.
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`VARTA’s novel and proprietary design includes an electrode-separator assembly
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`located between a housing cup and a housing top that includes at least one positive electrode and
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`at least one negative electrode separated by a separator. The electrodes and the separator may be
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`formed from flat layers that may be laminated or bonded together. The assembly is wound into a
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`spiral winding and located in the housing so that the electrodes are disposed at essentially right
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`angles to the flat bottom and top areas of the housing cup and housing top respectively.
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`11.
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`Figures 3b and 4 of the Patents-in-Suit illustrate an example of an embodiment of
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`the invention. The electrodes 407 of one polarity (highlighted in green) and the electrodes 408
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`of the other polarity (highlighted in red) are wound in a spiral configuration (shown generally in
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`FIG. 3b). The electrodes 407, 408 may be separated from each other by separator layers 405,
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`406 of non-conductive material.
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`12.
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`The lower housing cup and the upper housing top are fitted together to form a
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`housing about the electrode-separator assembly.
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`13.
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`Electrical contact between the electrode-separator assembly and the flat top and/or
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`bottom areas may occur through an output conductor comprising a piece of foil resting between
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`the spiral winding and the flat top and/or bottom areas.
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`14.
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`VARTA sells and offers for sale its patented microbatteries in the United States
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`and worldwide inter alia under the trademark CoinPower®.
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`THE PATENTS IN SUIT
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`15.
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`VARTA spent a great deal of time, effort, and expense in the research and
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`development that lead to the CoinPower® microbatteries. Because of their outstanding
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`performance, the CoinPower® microbatteries have been highly successful and well accepted by
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`the market across the world. In recognition of the break-through nature of its invention, VARTA
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`was granted an international patent portfolio covering various aspects of the CoinPower®
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`microbatteries, including a number of patents in the United States, with additional patent
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`applications still pending in the United States Patent and Trademark Office.
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`16.
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`On October 6, 2015, the United States Patent and Trademark Office duly and
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`legally issued United States Patent No. 9,153,835 (“the ’835 Patent”), entitled “Button Cells and
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`Method for Producing Same” to the listed inventors Eduard Pytlik, Jürgen Lindner, Ulrich
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`Barenthin, and Winfried Gaugler, all of Ellwangen, Germany. VARTA is the assignee and
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`owner of all right, title, and interest in the ’835 Patent, including the right to sue for and recover
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`all past, present, and future damages and to seek injunctive relief for infringement of the ’835
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`Patent. A true and correct copy of the ’835 Patent is attached hereto as Exhibit A.
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`17.
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`On November 15, 2016, the United States Patent and Trademark Office duly and
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`legally issued United States Patent No. 9,496,581 (“the ’581 Patent”), entitled “Button Cells and
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`Method of Producing Same” to the listed inventors Eduard Pytlik, Jürgen Lindner, Ulrich
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`Barenthin, and Winfried Gaugler, all of Ellwangen, Germany. VARTA is the assignee and
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`owner of all right, title, and interest in the ’581 Patent, including the right to sue for and recover
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`all past, present, and future damages and to seek injunctive relief for infringement of the ’581
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`Patent. A true and correct copy of the ’581 Patent is attached hereto as Exhibit B.
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`18.
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`On October 24, 2017, the United States Patent and Trademark Office duly and
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`legally issued United States Patent No. 9,799,913 (“the ’913 Patent”), entitled “Button Cells and
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`Method of Producing Same” to the listed inventors Eduard Pytlik, Jürgen Lindner, Ulrich
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`Barenthin, and Winfried Gaugler, all of Ellwangen, Germany. VARTA is the assignee and
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`owner of all right, title, and interest in the ’913 Patent, including the right to sue for and recover
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`all past, present, and future damages and to seek injunctive relief for infringement of the ’913
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`Patent. A true and correct copy of the ’913 Patent is attached hereto as Exhibit C.
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`19.
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`The ’835 Patent, ’581 Patent, and ’913 Patent each claim priority to International
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`Patent Application PCT/EP2010/000787 filed on February 9, 2010 on behalf of VARTA, which
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`in turn claims priority to three applications filed in Germany: Application No. DE 10 2009 008
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`859 filed February 9, 2009, Application No. DE 10 2009 030 359 filed June 18, 2009, and
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`Application No. DE 10 2009 060 788 filed December 22, 2009.
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`THE INFRINGING PRODUCTS
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`20.
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`On information and belief, Amazon sells and offers for sale in the United States
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`and/or imports into the United States products with infringing microbatteries including batteries
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`from EVE Energy of China bearing the part number ICR 1254 found in products such as, for
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`example, wireless earphones by Samsung Electronics America, Inc. under the name Galaxy
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`Buds®.
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`(source: https://www.amazon.com/gp/product/B07V2622RG/ref=ox_sc_act_title_1?smid=
`ATVPDKIKX0DER&psc=1)
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`The microbatteries provide a source of rechargeable power for the wireless
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`21.
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`earphones and other electronic devices in which they are included.
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`22.
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`The ICR 1254 batteries include a housing cup with a flat bottom area and a
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`housing top with a flat top area as shown below.
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`Case 2:20-cv-00052-JRG Document 1 Filed 02/24/20 Page 7 of 14 PageID #: 7
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`EVE Energy ICR 1254 Battery
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`23.
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`The ICR 1254 batteries include an electrode-separator assembly within the
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`housing having a positive electrode and a negative electrode in the form of flat layers connected
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`to and separated by a flat separator.
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`24.
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`The electrode-separator assembly of the ICR 1254 batteries are in the form of a
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`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
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`flat top area so that the electrodes are aligned essentially at right angles to the flat bottom area
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`and the flat top area when the housing cup and housing top are closed.
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`25.
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`Amazon, without license or authorization, has sold and offered to sell and
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`continues to sell and offers to sell in the United States and/or imports into the United States
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`infringing products having at least the ICR 1254 batteries.
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`26.
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`Amazon has infringed and continues to infringe by selling and offering to sell in
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`the United States and/or importing into the United States infringing products having at least the
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`ICR 1254 batteries.
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`

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`COUNT I: INFRINGEMENT OF THE ’835 PATENT
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`27.
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`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
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`its Complaint as if fully set forth herein.
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`28.
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`On information and belief, Amazon has infringed and continues to infringe at
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`least claim 1 of the ’835 Patent under 35 U.S.C. § 271(a) by selling in, offering to sell in, and/or
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`importing into the United States infringing products having at least the ICR 1254 batteries.
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`29. More particularly, the ICR 1254 batteries have a housing cup and a housing top
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`separated from one another by an electrically insulating seal to form a housing with a flat bottom
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`area and a flat top area.
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`30.
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`The ICR 1254 batteries have an electrode-separator assembly within the housing
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`with a positive and a negative electrode in the form of flat layers and that are connected to one
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`another by a flat separator.
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`31.
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`The ICR 1254 batteries have an electrode-separator assembly where the electrode
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`layers are aligned essentially at right angles to the flat bottom area and the flat top area and the
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`housing cap and the housing top are closed without being beaded over.
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`32.
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`The ICR 1254 batteries have an electrode-separator assembly in the form of a
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`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
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`flat top area.
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`33.
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`The ICR 1254 batteries have an insulator arranged between the end faces of the
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`spiral winding and the housing cup and the housing top.
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`34.
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`On information and belief, Amazon has infringed and continues to infringe at
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`least claim 10 of the ’835 Patent under 35 U.S.C. § 271(g) by importing into and/or selling in the
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`United States infringing products having at least the ICR 1254 batteries which are made by a
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`process that involves each and every step set forth in at least claim 10.
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`35.
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`On information and belief, the ICR 1254 batteries are produced by inserting an
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`electrode-separator assembly with electrodes in the form of a flat layer into the housing such that
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`the electrode layers are aligned essentially at right angles to the flat bottom and top areas.
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`36.
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`Amazon is not and has never been licensed or authorized to commit the acts
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`described above with respect to any claim of the ’835 Patent.
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`37.
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`As a result of Amazon’s infringement of the ’835 Patent, VARTA has suffered
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`and continues to suffer damages, in an amount to be determined, of at least a reasonable royalty
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`and/or lost profits due to lost sales, profits, and potential sales that VARTA would have made but
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`for Amazon’s infringing acts.
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`38.
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`VARTA has been, and will continue to be, damaged by Amazon’s infringement
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`of the ’835 Patent and will suffer irreparable injury unless the infringement is enjoined by this
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`Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
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`COUNT II: INFRINGEMENT OF THE ’581 PATENT
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`39.
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`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
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`its Complaint as if fully set forth herein.
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`40.
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`On information and belief, Amazon has infringed and continues to infringe at
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`least claim 1 of the ’581 Patent under 35 U.S.C. § 271(a) by selling in, offering to sell in, and/or
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`importing into the United States infringing products having at least the ICR 1254 batteries.
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`41. More particularly, the ICR 1254 batteries have a housing cup and a housing top
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`separated from one another by an electrically insulating seal to form a housing with a flat bottom
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`area and a flat top area.
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`42.
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`The ICR 1254 batteries have an electrode-separator assembly within the housing
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`with a positive and a negative electrode in the form of flat layers and that are connected to one
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`another by a flat separator.
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`Case 2:20-cv-00052-JRG Document 1 Filed 02/24/20 Page 10 of 14 PageID #: 10
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`43.
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`The ICR 1254 batteries have an electrode-separator assembly where the electrode
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`layers are aligned essentially at right angles to the flat bottom area and the flat top area.
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`44.
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`The ICR 1254 batteries have an electrode-separator assembly in the form of a
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`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
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`flat top area.
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`45.
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`The ICR 1254 batteries have one of the electrodes that connects to the flat bottom
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`area or the flat top area via an output conductor comprising a foil resting flat between an end face
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`of the spiral winding and the flat top or the flat bottom area to which it is connected.
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`46.
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`On information and belief, Amazon has infringed and continues to infringe at
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`least claim 10 of the ’581 Patent under 35 U.S.C. § 271(g) by importing into and/or selling in the
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`United States infringing products having at least the ICR 1254 batteries which are made by a
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`process that involves each and every step set forth in at least claim 10.
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`47.
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`On information and belief, the ICR 1254 batteries are produced with the
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`electrode-separator inserted into the housing such that the electrodes are aligned at essentially
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`right angles to the flat bottom area and the flat top area.
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`48.
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`Amazon is not and has never been licensed or authorized to commit the acts
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`described above with respect to any claim of the ’581 Patent.
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`49.
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`As a result of Amazon’s infringement of the ’581 Patent, VARTA has suffered
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`and continues to suffer damages, in an amount to be determined, of at least a reasonable royalty
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`and/or lost profits due to lost sales, profits, and potential sales that VARTA would have made but
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`for Amazon’s infringing acts.
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`50.
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`VARTA has been, and will continue to be, damaged by Amazon’s infringement
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`of the ’581 Patent and will suffer irreparable injury unless the infringement is enjoined by this
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`Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
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`COUNT III: INFRINGEMENT OF THE ’913 PATENT
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`51.
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`VARTA incorporates and re-alleges the allegations in the preceding paragraphs of
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`its Complaint as if fully set forth herein.
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`52.
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`On information and belief, Amazon has infringed and continues to infringe at
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`least claims 1, 4, and 6 of the ’913 Patent under 35 U.S.C. § 271(a) by selling in, offering to sell
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`in, and/or importing into the United States infringing products having at least the ICR 1254
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`batteries.
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`53. More particularly, the ICR 1254 batteries have a housing cup and a housing top
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`separated from one another by an electrically insulating seal to form a housing with a flat bottom
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`area and a flat top area.
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`54.
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`The ICR 1254 batteries have an electrode-separator assembly within the housing
`
`with a positive and a negative electrode in the form of flat layers and that are connected to one
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`another by a flat separator.
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`55.
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`The ICR 1254 batteries have an electrode-separator assembly where the electrode
`
`layers are aligned essentially at right angles to the flat bottom area and the flat top area.
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`56.
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`The ICR 1254 batteries have an electrode-separator assembly in the form of a
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`spiral winding with end faces facing in the axial direction relative to the flat bottom area and the
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`flat top area.
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`57.
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`The ICR 1254 batteries have an electrode-separator assembly where at least one
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`of the electrodes connects to the flat bottom area or flat top area by an output connector
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`Case 2:20-cv-00052-JRG Document 1 Filed 02/24/20 Page 12 of 14 PageID #: 12
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`comprising a foil resting between the end faces of the spiral winding and the flat top or bottom
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`areas.
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`58.
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`The ICR 1254 batteries have an insulator arranged between the end faces of the
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`spiral winding and the housing cup and the housing top preventing direct mechanical and
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`electrical contact.
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`59.
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`The ICR 1254 batteries have at least one flat layer composed of plastic preventing
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`direct mechanical and electrical contact between the end faces of the winding and the flat bottom
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`and flat top areas.
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`60.
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`Amazon is not and has never been licensed or authorized to commit the acts
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`described above with respect to any claim of the ’913 Patent.
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`61.
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`As a result of Amazon’s infringement of the ’913 Patent, VARTA has suffered
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`and continues to suffer damages, in an amount to be determined, of at least a reasonable royalty
`
`and/or lost profits due to lost sales, profits, and potential sales that VARTA would have made but
`
`for Amazon’s infringing acts.
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`62.
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`VARTA has been, and will continue to be, damaged by Amazon’s infringement
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`of the ’913 Patent and will suffer irreparable injury unless the infringement is enjoined by this
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`Court pursuant to 35 U.S.C. § 283 and/or the equitable powers of this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE, VARTA prays for judgment on the Complaint as follows:
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`A.
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`A judgement declaring that Amazon is liable for infringement of the ’835 Patent,
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`the ’581 Patent, and the ’913 Patent;
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`B.
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`An award to VARTA and against Amazon of compensatory damages for
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`infringement of the ’835 Patent, the ’581 Patent, and the ’913 Patent together with all pre-
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`judgment and post-judgment interest;
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`C.
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`Entry of a preliminary and/or permanent injunction against Amazon pursuant to
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`35 U.S.C. § 283 and/or the equitable powers of the Court to prevent further infringement of the
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`’835 Patent, the ’581 Patent, and the ’913 Patent;
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`D.
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`A declaration that this is an exceptional case within the meaning of 35 U.S.C. §
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`285 and an award to VARTA of its reasonable attorneys’ fees; and
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`E.
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`An award of any and all other relief as this Court may deem just and proper under
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`the circumstances.
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`JURY DEMAND
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`Pursuant to Rule 38(B) of the Federal Rules of Civil Procedure, VARTA requests a trial
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`by jury on all triable issues.
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`Case 2:20-cv-00052-JRG Document 1 Filed 02/24/20 Page 14 of 14 PageID #: 14
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`Respectfully submitted,
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`
`
`/s/ Andrew W. Stinson
`H. Michael Hartmann (pro hac vice forthcoming)
`IL State Bar No. 1146130
`Wesley O. Mueller (pro hac vice forthcoming)
`IL State Bar No. 6199650
`Robert T. Wittmann (pro hac vice forthcoming)
`IL State Bar No. 6273264
`J. Karl Gross (pro hac vice forthcoming)
`IL State Bar No. 6275041
`LEYDIG, VOIT & MAYER, LTD.
`Two Prudential Plaza
`180 North Stetson Avenue, Suite 4900
`Chicago, IL 60601
`312-616-5600
`312-616-5700 fax
`mhartmann@leydig.com
`wmueller@leydig.com
`bwittmann@leydig.com
`kgross@leydig.com
`
`Andrew W. Stinson
`State Bar No. 24028013
`RAMEY & FLOCK, PC
`100 E. Ferguson Street, Suite 404
`Tyler, TX 75702
`903-597-3301
`903-597-2413 fax
`andys@rameyflock.com
`
`Attorneys for VARTA Microbattery GmbH
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`Dated: February 24, 2020
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