Rena v. M.E. Baker Company

8/2/2019 Rena v. M.E. Baker Company

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Case 8:12-cv-00702-DOC-RNB Document 1 Filed 05/03/12 Page 1 of 17 Page ID #:1


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COMPLAINT FOR PATENT INFRINGEMENTDEMAND FOR JURY TRIAL

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2. Defendant M.E. BAKER COMPANY (ME Baker) is or was at all relevant

times, a corporation organized and existing under the laws of the State of Massachusetts, and

having a place of business at 260 Clinton Street, Springfield, VT 05156.

JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the patent laws of the

United States, 35, U.S.C. 101, et seq. This court has subject matter jurisdiction pursuant to 28

U.S.C. 1331 and 1338.

4. This Court has personal jurisdiction over defendant because ME Baker has

committed acts of infringement in this District and continues to commit acts of infringement in

this District. Further, on information and belief, ME Baker directs business activities toward

and in this District through advertisements, promotions, sales, and the Internet.

5. Venue is proper and reasonable in this District under 28 U.S.C. 1391 and

1400, because, inter alia, has committed acts of infringement in this District.

6. ME Baker systematically and continuously does business in the present district

through its distributor AMS Products, Inc., 1001 Avenida Pico, Suite C-419, San Clemente, CA

92673. Thus, ME Baker is selling products made from its infringing process in the Central

District.

THE 526 PATENT

7. On May 17, 2011, the United States Patent and Trademark Office (USPTO)

issued United States Patent Number 7,943,526 (the 526 Patent) entitled Process for the Wet-

Chemical Treatment of One Side of Silicon Wafers to Franck Delahaye. On or about March 9,

2010, Franck Delahaye assigned the rights to the 526 Patent to RENA Sondermaschinen

GmbH. The Delahaye assignment was recorded with the USPTO on March 24, 2010. A true

and correct copy of the 526 Patent is attached hereto as Exhibit A.

8. On or about February 15, 2008, RENA Sondermaschinen GmbH changed its

name to RENA GmbH. On May 5, 2012, the record of name change was recorded with the

USPTO concerning the assignment for the 526 patent.

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CLAIMS FOR RELIEF

First Claim for Relief

(Infringement of U.S. Patent No. 7,943,526)

9. Plaintiff repeats and incorporates by reference the allegations set forth in

paragraphs 1 to 8 as though fully set forth herein.

10. The 526 Patent is valid and enforceable.

11. Plaintiff holds all rights to enforce the 526 Patent in the United States.

12. ME Baker has infringed and continues to infringe the 526 Patent, either directly,

by contributory infringement, or by inducing others to infringe by using a process for the

treatment of silicon wafers. An exemplary photograph of a machine used in ME Bakers

infringing process is attached hereto as Exhibit B.

13. ME Baker has notice of the 526 patent and its infringement thereof. Despite

ME Baker knowledge of its infringement of the 526 Patent, ME Baker continues to infringe.

ME Baker infringement of the 526 Patent is thus willful.

14. Plaintiff has suffered and continues to suffer damages, irreparable harm, and

impairment of its patent rights as a direct result of ME Baker infringement.

15. Plaintiff is entitled to recover from ME Baker damages sustained by plaintiff as a

result of ME Baker infringement in an amount to be proven.

PRAYER FOR RELIEF

WHEREFORE, RENA requests that this Court grant judgment as follows:

(a) Defendant has infringed the 526 Patent;

(b) An order permanently enjoining defendant, and its officers, agents, servants,

employees, subsidiaries, attorneys, and those acting in concert with them, from

infringement, inducing infringement, or contributory infringing of the 526

Patent;

(c) An award of damages to RENA arising from infringement by defendant

including prejudgment interest;



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(d) An award of enhanced damages to RENA pursuant to 35 U.S.C. 284 or any

related law;

(e) An award of attorneys fees and costs RENA pursuant to 35 U.S.C. 285 or any

related law; and

(f) All other relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on its claims herein and all issues and claims so

triable in this action.

Respectfully submitted,

Dated: May 3, 2012 MANDOUR & ASSOCIATES, APC

Ben T. Lila (SBN 246808)[email protected] for Plaintiff,RENA GMBH



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EXHIBIT A

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AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of(name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

0.00



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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? G No G Yes

f yes, list case number(s):

VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? G No G Yesf yes, list case number(s):

Civil cases are deemed related if a previously filed case and the present case:

Check all boxes that apply) G A. Arise from the same or closely related transactions, happenings, or events; or

G B. Call for determination of the same or substantially related or similar questions of law and fact; or

G C. For other reasons would entail substantial duplication of labor if heard by different judges; or

G D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

X. VENUE: (When completing the following information, use an additional sheet if necessary.)

a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.

G Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).

County in this District:* California County outside of this District; State, if other than California; or Foreign Country

b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.

G Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).


c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.

Note: In land condemnation cases, use the location of the tract of land involved.


Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo CountiesNote: In land condemnation cases, use the location of the tract of land involved

X. SIGNATURE OF ATTORNEY (OR PRO PER): Date

Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadingor other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not file

but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation Substantive Statement of Cause of Action

861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.

Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under theprogram. (42 U.S.C. 1935FF(b))

862 BL All claims for Black Lung benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 196(30 U.S.C. 923)

863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as

amended; plus all claims filed for childs insurance benefits based on disability. (42 U.S.C. 405(g))

863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social SecurityAct, as amended. (42 U.S.C. 405(g))

864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social SecuAct, as amended.

865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. ( 42

U.S.C. (g))

Germany: RENA GMBH

Massachusets: M.E. BAKER COMPANY

Orange County: All claims

May 3, 2012


Documents

Rena v. M.E. Baker Company