Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 1 of 7
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`KALDREN LLC,
`
`
`UNITED STATES DISTRICT COURT FOR THE
`WESTERN DISTRICT OF WISCONSIN
`
`
`
`
`
`
`
`No. _:17-cv-_____
`
`JURY TRIAL DEMANDED
`
`Plaintiff,
`
`
`v.
`
`
`LA CROSSE TECHNOLOGY, LTD,
`
`
`Defendant.
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Kaldren LLC, by and through its undersigned counsel, files its Original
`
`Complaint for Patent Infringement and alleges based on knowledge as to itself and information
`
`and belief as to the Defendant as follows.
`
`THE PARTIES
`
`1.
`
`Plaintiff Kaldren LLC is a Texas limited liability company with a principal office
`
`at 555 Republic Drive, Suite 289, Plano, Texas 75074-5481.
`2.
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`Defendant La Crosse Technology, Ltd, is a Minnesota corporation with a regular
`
`and established place of business at 2809 Losey Blvd S., La Crosse, Wisconsin 54601.
`
`Defendant may be served with process via its registered agent: Allan McCormick at its regular
`
`and established place of business.
`
`3.
`4.
`
`5.
`
`1338.
`
`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
`
`Upon information and belief, this Court has personal jurisdiction over Defendant
`
`because (i) Defendant conducts business in this Judicial District, directly or through
`
`intermediaries; (ii) at least a portion of the alleged infringements occurred in this Judicial
`
`District; and (iii) Defendant regularly solicits business, engages in other persistent courses of
`
`
`
`
`
`
`KALDREN LLC,
`
`
`UNITED STATES DISTRICT COURT FOR THE
`WESTERN DISTRICT OF WISCONSIN
`
`
`
`
`
`
`
`No. _:17-cv-_____
`
`JURY TRIAL DEMANDED
`
`Plaintiff,
`
`
`v.
`
`
`LA CROSSE TECHNOLOGY, LTD,
`
`
`Defendant.
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Kaldren LLC, by and through its undersigned counsel, files its Original
`
`Complaint for Patent Infringement and alleges based on knowledge as to itself and information
`
`and belief as to the Defendant as follows.
`
`THE PARTIES
`
`1.
`
`Plaintiff Kaldren LLC is a Texas limited liability company with a principal office
`
`at 555 Republic Drive, Suite 289, Plano, Texas 75074-5481.
`2.
`
`Defendant La Crosse Technology, Ltd, is a Minnesota corporation with a regular
`
`and established place of business at 2809 Losey Blvd S., La Crosse, Wisconsin 54601.
`
`Defendant may be served with process via its registered agent: Allan McCormick at its regular
`
`and established place of business.
`
`3.
`4.
`
`5.
`
`1338.
`
`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
`
`Upon information and belief, this Court has personal jurisdiction over Defendant
`
`because (i) Defendant conducts business in this Judicial District, directly or through
`
`intermediaries; (ii) at least a portion of the alleged infringements occurred in this Judicial
`
`District; and (iii) Defendant regularly solicits business, engages in other persistent courses of
`
`
`
`
`
`Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 2 of 7
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`conduct, or derives revenue from goods and services provided to individuals in this Judicial
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`District.
`6.
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`Venue is proper in this Judicial District under 28 U.S.C. § 1400(b).
`
`THE PATENTS-IN-SUIT
`
`7.
`
`On August 8, 2000, the U.S. Patent and Trademark Office issued U.S. Patent No.
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`6,098,882 (“the 882 Patent”), entitled “Variable Formatting of Digital Data Into a Pattern.” A
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`true and correct copy of the 882 Patent is attached at Exhibit A.
`8.
`
`On January 23, 2001, the U.S. Patent and Trademark Office issued U.S. Patent
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`No. 6,176,427 (“the 427 Patent”), entitled “Variable Formatting of Digital Data Into a Pattern.”
`
`A true and correct copy of the 427 Patent is attached at Exhibit B.
`9.
`
`On November 23, 2004, the U.S. Patent and Trademark Office issued U.S. Patent
`
`No. 6,820,807 (“the 807 Patent”), entitled “Variable Formatting of Digital Data Into a Pattern.”
`
`A true and correct copy of the 882 Patent is attached at Exhibit C.
`10.
`
`On October 9, 2012, the U.S. Patent and Trademark Office issued U.S. Patent No.
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`8,281,999 (“the 999 Patent”), entitled “Variable Formatting of Digital Data Into a Pattern.” A
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`true and correct copy of the 999 Patent is attached at Exhibit D.
`11.
`12.
`
`The 882, 427, 807, and 999 Patents are presumed valid under 35 U.S.C. § 282(a).
`
`Plaintiff is the owner and assignee of all substantial rights, title, and interest in the
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`882, 427, 807, and 999 Patents.
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`THE ACCUSED PRODUCT
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`13.
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`Defendant makes, uses (including testing by Defendant), sells, offers for sale, or
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`imports one or more products that infringe one or more claims of the 882, 427, 807, and 999
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`Patents.
`14.
`
`Defendant’s Accused Product is its Quick Response (“QR”) Codes that it makes
`
`and uses (including testing) with the sales and offering for sale of its products and services.
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`
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`-2-
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`Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 3 of 7
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`COUNT I
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,098,882
`15.
`Plaintiff incorporates by reference each of its foregoing allegations.
`16. Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant
`
`directly infringes one or more claims of the 882 Patent in this District and throughout the United
`
`States, literally or under the doctrine of equivalents, by making and using (including testing) its
`
`Accused Product with the sales and offering for sale of its products and services as shown in
`
`Exhibit E.
`17.
`
`The claims of the 882 Patent are understandable to a person of ordinary skill in
`
`the art who has the requisite education, training, and experience with the technology at issue in
`
`this case.
`18.
`
`A person of ordinary skill in the art understands Plaintiff’s theory of how
`
`Defendant’s Accused Product infringes the claims of the 882 Patent upon a plain reading of this
`
`Complaint, the 882 Patent, and Exhibit E.
`19.
`
`Plaintiff reserves the right to modify its infringement theories as discovery
`
`progresses in this case; it shall not be estopped for infringement contention or claim construction
`
`purposes by the claim charts that it provides with this Complaint. The claim charts are intended
`
`to satisfy the notice requirements of Rule 8(a)(2) of the Federal Rule of Civil Procedure; it does
`
`not represent Plaintiff’s preliminary or final infringement contentions or preliminary or final
`
`claim construction positions.
`20.
`
`Since at least the date that Defendant was served with a copy of this Complaint,
`
`Defendant has known that its Accused Product directly infringes one or more claims of the 882
`
`Patent.
`
`COUNT II
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,176,427
`Plaintiff incorporates by reference each of its foregoing allegations.
`
`21.
`
`
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`-3-
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`Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 4 of 7
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`22. Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant
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`directly infringes one or more claims of the 427 Patent in this District and throughout the United
`
`States, literally or under the doctrine of equivalents, by making and using (including testing) its
`
`Accused Product with the sales and offering for sale of its products and services as shown in
`
`Exhibit F.
`23.
`
`The claims of the 427 Patent are understandable to a person of ordinary skill in
`
`the art who has the requisite education, training, and experience with the technology at issue in
`
`this case.
`24.
`
`A person of ordinary skill in the art understands Plaintiff’s theory of how
`
`Defendant’s Accused Product infringes the claims of the 427 Patent upon a plain reading of this
`
`Complaint, the 427 Patent, and Exhibit F.
`25.
`
`Plaintiff reserves the right to modify its infringement theories as discovery
`
`progresses in this case; it shall not be estopped for infringement contention or claim construction
`
`purposes by the claim charts that it provides with this Complaint. The claim charts are intended
`
`to satisfy the notice requirements of Rule 8(a)(2) of the Federal Rule of Civil Procedure; it does
`
`not represent Plaintiff’s preliminary or final infringement contentions or preliminary or final
`
`claim construction positions.
`26.
`
`Since at least the date that Defendant was served with a copy of this Complaint,
`
`Defendant has known that its Accused Product directly infringes one or more claims of the 427
`
`Patent.
`
`COUNT III
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,820,807
`27.
`Plaintiff incorporates by reference each of its foregoing allegations.
`28. Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant
`
`directly infringes one or more claims of the 807 Patent in this District and throughout the United
`
`States, literally or under the doctrine of equivalents, by making and using (including testing) its
`
`
`
`-4-
`
`
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`Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 5 of 7
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`Accused Product with the sales and offering for sale of its products and services as shown in
`
`Exhibit G.
`29.
`
`The claims of the 807 Patent are understandable to a person of ordinary skill in
`
`the art who has the requisite education, training, and experience with the technology at issue in
`
`this case.
`30.
`
`A person of ordinary skill in the art understands Plaintiff’s theory of how
`
`Defendant’s Accused Product infringes the claims of the 807 Patent upon a plain reading of this
`
`Complaint, the 807 Patent, and Exhibit G.
`31.
`
`Plaintiff reserves the right to modify its infringement theories as discovery
`
`progresses in this case; it shall not be estopped for infringement contention or claim construction
`
`purposes by the claim charts that it provides with this Complaint. The claim charts are intended
`
`to satisfy the notice requirements of Rule 8(a)(2) of the Federal Rule of Civil Procedure; it does
`
`not represent Plaintiff’s preliminary or final infringement contentions or preliminary or final
`
`claim construction positions.
`32.
`
`Since at least the date that Defendant was served with a copy of this Complaint,
`
`Defendant has known that its Accused Product directly infringes one or more claims of the 807
`
`Patent.
`
`COUNT IV
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,281,999
`33.
`Plaintiff incorporates by reference each of its foregoing allegations.
`34. Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant
`
`directly infringes one or more claims of the 999 Patent in this District and throughout the United
`
`States, literally or under the doctrine of equivalents, by making and using (including testing) its
`
`Accused Product with the sales and offering for sale of its products and services as shown in
`
`Exhibit H.
`
`
`
`-5-
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`Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 6 of 7
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`35.
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`The claims of the 999 Patent are understandable to a person of ordinary skill in
`
`the art who has the requisite education, training, and experience with the technology at issue in
`
`this case.
`36.
`
`A person of ordinary skill in the art understands Plaintiff’s theory of how
`
`Defendant’s Accused Product infringes the claims of the 807 Patent upon a plain reading of this
`
`Complaint, the 999 Patent, and Exhibit H.
`37.
`
`Plaintiff reserves the right to modify its infringement theories as discovery
`
`progresses in this case; it shall not be estopped for infringement contention or claim construction
`
`purposes by the claim charts that it provides with this Complaint. The claim charts are intended
`
`to satisfy the notice requirements of Rule 8(a)(2) of the Federal Rule of Civil Procedure; it does
`
`not represent Plaintiff’s preliminary or final infringement contentions or preliminary or final
`
`claim construction positions.
`38.
`
`Since at least the date that Defendant was served with a copy of this Complaint,
`
`Defendant has known that its Accused Product directly infringes one or more claims of the 999
`
`Patent.
`
`PRAYER FOR RELIEF
`
`Plaintiff requests the following relief:
`A.
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`Judgment that Defendant has directly infringed the 882, 427, 807, and 999 Patents
`
`under 35 U.S.C. § 271(a);
`B.
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`An accounting of all infringing acts including, but not limited to, those acts not
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`presented at trial;
`C.
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`An award of damages under 35 U.S.C. § 284 adequate to compensate Plaintiff for
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`Defendant’s past and future infringement, including any infringement from the date of filing of
`
`this Complaint through the date of judgment, together with interest and costs;
`D.
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`Judgment that this case is exceptional under 35 U.S.C. § 285 and an award of
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`Plaintiff’s reasonable attorneys’ fees and costs; and
`E.
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`Such further relief at law or in equity that this Court deems just and proper.
`
`
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`-6-
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`Case: 3:17-cv-00661-jdp Document #: 1 Filed: 08/25/17 Page 7 of 7
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`JURY TRIAL DEMAND
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`Plaintiff demands a trial by jury on all claims and issues so triable under Federal Rule of
`
`Civil Procedure 38(b).
`
`Dated: August __, 2017
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`Respectfully submitted,
`
`
`
`/s/_________________
`
`
`
`Counsel for Plaintiff
`Kaldren LLC
`
`
`
`OF COUNSEL:
`Peter J. Corcoran, III
`Texas State Bar No. 24080038
`CORCORAN IP LAW, PLLC
`2019 Richmond Road, Suite 380
`Texarkana, Texas 75503
`Tel: (903) 701-2481
`Fax: (844) 362-3291
`Email: peter@corcoranip.com
`
`Mary K. Schulz
`Media Litigation Firm, P.C.
`1144 E. State Street, Suite A260
`Geneva, IL 60134
`312.213-7196
`medialitigationfirm@gmail.com
`
`
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`-7-
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