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Advanced Printing Solutions v. Zebra Technologies

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Advanced Printing Solutions v. Zebra Technologies Powered By Docstoc
					                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE NORTHERN DISTRICT OF ILLINOIS
                                 EASTERN DIVISION

    ADVANCED PRINTING SOLUTIONS
    LLC,

                            Plaintiff,
                                                    Civil Action No. 1:12-cv-3544
    v.

    ZEBRA TECHNOLOGIES
    CORPORATION,                                    JURY TRIAL DEMANDED

                            Defendant.


                       COMPLAINT FOR PATENT INFRINGEMENT
 
         Plaintiff Advanced Printing Solutions LLC files this Complaint against Zebra

Technologies Corporation (“Defendant”) for infringement of U.S. Patent No. RE38111 (“the

’111 patent”).

                                         THE PARTIES

         1.      Advanced Printing Solutions LLC (“APS”) is a limited liability company

organized and existing under the laws of the State of Texas, with a principal place of business

located in Frisco, Texas.

         2.      Zebra Technologies Corporation (“Zebra”) is a Delaware corporation with a

principal place of business in this Division of the Northern District of Illinois, at 475 Half Day

Road, Suite 500, Lincolnshire, Illinois. This Defendant may be served with process through its

registered agents, C T Corporation System, 208 South LaSalle Street, Suite 814, Chicago, Illinois

60604.




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                                  JURISDICTION AND VENUE

        3.      APS brings this action for patent infringement under the patent laws of the United

States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others.

        4.      This Court has subject matter jurisdiction over the claims in this action pursuant

to 28 U.S.C. §§ 1331, 1338(a), and 1367.

        5.      Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 (b), 1391(c)

and 1400(b). Defendant resides in this judicial district, has committed acts of infringement in

this judicial district, has purposely transacted business in this judicial district, and/or has regular

and established places of business in this judicial district.

        6.      Defendant is subject to this Court’s specific and general personal jurisdiction

pursuant to due process and due at least to its substantial business in this State and judicial

district, including: (A) at least part of its infringing activities alleged herein; and (B) regularly

doing or soliciting business and, accordingly, deriving substantial revenue from goods and

services provided to Illinois residents.

                                   PATENT INFRINGEMENT

        7.      APS incorporates paragraphs 1 through 6 herein by reference.

        8.      APS is the assignee of the ’111 patent, entitled “Printer with Internal Document

Data Construction,” with ownership of all substantial rights in the ’111 patent, including the right

exclude others and to enforce, sue and recover damages for past and future infringement. A true

and correct copy of the ’111 patent is attached as Exhibit A.

        9.      The ’111 patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.




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       10.     Defendant has infringed and continue to directly infringe one or more claims of

the ’111 patent in this judicial district and elsewhere in Illinois and the United States by or

through the testing, making, using, offering for sale, selling, and/or importing of certain printing

devices, a list of which is attached as Exhibit B. Defendant has been, and now is, directly

infringing claims of the ’111 patent, including (for example, and without limitation) at least

claims 17 and 18 of the ’111 patent, by or through the testing, making, using, offering for sale,

selling, and/or importing of printing devices that are sold with, inter alia, an internal printer

controller, an external data stream input port operative to receive an external data stream

including automatic document selection data, a document construction module in communication

with the internal printer controller, and a document data printing mechanism that prints

document data in a designated document format.

       11.     APS has been damaged as a result of Defendant’s infringing conduct described

herein. Defendant is, thus, liable to APS in an amount that adequately compensates it for

Defendants’ infringements, which, by law, cannot be less than a reasonable royalty, together

with interest and costs as fixed by this Court under 35 U.S.C. § 284.

                                        JURY DEMAND

       APS hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil

Procedure.

                                    PRAYER FOR RELIEF

       APS requests that the Court find in its favor and against Defendant, and that the Court

grant APS the following relief:

       a.      Judgment that one or more claims of the ’111 Patent have been infringed, either

               literally and/or under the doctrine of equivalents, by Defendant;




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        b.   Judgment that Defendant accounts for and pay to APS all damages to and costs

             incurred by APS because of Defendant’s infringing activities and other conduct

             complained of herein;

        c.   Judgment that Defendant accounts for and pay to APS a reasonable, on-going,

             post-judgment royalty because of Defendant’s infringing activities and other

             conduct complained of herein;

        d.   That APS be granted pre-judgment and post-judgment interest on the damages

             caused by Defendant’s infringing activities and other conduct complained of

             herein;

        e.   That APS be awarded its attorneys’ fees incurred in this action in accordance with

             35 U.S.C. § 285; and

        f.   That APS be granted such other and further relief as the Court may deem just and

             proper under the circumstances.


Date:   May 9, 2012                        /s/Timothy P. Maloney
                                          Timothy P. Maloney
                                          FITCH, EVEN, TABIN & FLANNERY, LLP
                                          120 South LaSalle Street, Suite 1600
                                          Chicago, Illinois 60603
                                          Telephone: (312) 577-7000
                                          Facsimile: (312) 577-7007
                                          tpmalo@fitcheven.com




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Of Counsel
Decker A. Cammack
Texas State Bar No. 24036311
Edward E. Casto
Texas State Bar No. 00797142
NELSON BUMGARDNER CASTO, P.C.
3131 West 7th Street, Suite 300
Fort Worth, Texas 76107
(817) 377-9111
(817) 377-3485 (fax)
dcammack@nbclaw.net
ecasto@nbclaw.net

Attorneys for Plaintiff
Advanced Printing Solutions LLC




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