Case 1:09-cv-02578-MSK -MJW Document 194 Filed 02/23/10 USDC Colorado Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CIVIL ACTION NO. 09-CV-02578-MSK-MJW E.DIGITAL CORPORATION; Plaintiff, v. PENTAX OF AMERICA, INC.; HOYA CORPORATION; HOYA CORPORATION USA; CANON USA, INC.; CANON, INC.; COBY ELECTRONICS CORP.; DXG TECHNOLOGY (U.S.A.), INC.; DXG TECHNOLOGY CORPORATION; HTC AMERICA, INC.; HTC CORPORATION; IKEGAMI ELECTRONICS (USA), INC.; IMATION CORPORATION; KYOCERA COMMUNICATIONS, INC.; KYOCERA WIRELESS CORPORATION; KYOCERA INTERNATIONAL, INC.; KYOCERA CORPORATION; LEICA CAMERA, INC.; MARANTZ AMERICA, INC.; D&M HOLDINGS U.S. INC.; D&M HOLDINGS, INC.; NOKIA, INC.; NOKIA CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; PANASONIC CORPORATION; SUMMIT TECHNOLOGY GROUP, LLC; SAKAR INTERNATIONAL, INC.; SAMSON TECHNOLOGIES CORP.; TEAC AMERICA, INC.; and VTECH ELECTRONICS NORTH AMERICA, LLC; Defendants. ______________________________________________________________________________ PLAINTIFF’S AMENDED COMPLAINT FOR PATENT INFRINGEMENT ______________________________________________________________________________ Case 1:09-cv-02578-MSK -MJW Document 194 Filed 02/23/10 USDC Colorado Page 2 of 26 Plaintiff e.Digital Corporation (“e.Digital”) submits this Amended Complaint for Patent Infringement against each and all of the Defendants, and in support thereof states as follows: NATURE OF ACTION 1. This action seeks monetary damages and injunctive relief under the patent laws of the United States, Title 35 of the United States Code, to remedy Defendants’ infringement of United States Patent No. 5,491,774 (“the ‘774 Patent”) issued on February 13, 1996 and entitled “Handheld Record and Playback Device with Flash Memory,” and United States Patent No. 5,742,737 (“the ‘737 Patent”) issued on April 21, 1998 and entitled “Method for Recording Voice Messages on Flash Memory in a Hand Held Recorder,” and the harm to e.Digital caused by Defendants’ infringement. Copies of the ‘774 Patent and the ‘737 Patent are attached hereto as Exhibits A and B, respectively. PARTIES 2. e.Digital is a Delaware corporation having its principal place of business located at 16770 West Bernardo Drive, San Diego, California 92127. 3. Upon information and belief, Defendant PENTAX OF AMERICA, INC. is a Delaware corporation, registered as a foreign corporation in Colorado with its principal place of business located at 600 12th Street, Suite 300, Golden, Colorado 80401. Upon further information and belief, Defendant HOYA CORPORATION is a Japanese corporation with its principal place of business located at 2-7-5 Naka-Ochiai, Shinjuku-ku, Tokyo 161-8525 Japan. Upon further information and belief, Defendant HOYA CORPORATION USA is a California corporation with its principal place of business located at 101 Metro Drive, Suite 500, San Jose, California 95110. Hereinafter PENTAX OF AMERICA INC., HOYA CORPORATION, and - 2 - Case 1:09-cv-02578-MSK -MJW Document 194 Filed 02/23/10 USDC Colorado Page 3 of 26 HOYA CORPORATION USA will be collectively referred to as “Pentax”. 4. Upon information and belief, Defendant CANON USA, INC. is a New York corporation with its principal place of business located at One Canon Plaza, Lake Success, New York 11042. Upon further information and belief, Defendant CANON, INC. is a Japanese corporation with its principal place of business located at 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan. Hereinafter CANON USA, INC. and CANON, INC. will be collectively referred to as “Canon”. Canon USA, Inc. is registered with the Colorado Secretary of State as a foreign corporation and has appointed The Corporation Company, 1675 Broadway Suite 1200, Denver, Colorado 80202 as its agent for service of process. 5. Upon information and belief, Defendant COBY ELECTRONICS CORPORATION (“Coby”) is a New York corporation with its principal place of business located at 1991 Marcus Avenue Suite. 301, Lake Success, New York 11042. 6. Upon information and belief, Defendant DXG TECHNOLOGY (U.S.A.), INC. is a California corporation with its principal place of business located at 1001 Lawson Street, City of Industry, California 91748. Upon further information and belief, Defendant DXG TECHNOLOGY CORPORATION is a Taiwanese corporation with its principal place of business located at 15F., No. 4, Sec 3, Ming-Chuan East Road, Taipei 10477. Hereinafter DXG TECHNOLOGY (U.S.A.), INC. and DXG TECHNOLOGY CORPORATION will be collectively referred to as “DXG”. 7. Upon information and belief, Defendant HTC AMERICA, INC. is a Texas corporation with its principal place of business located at 13920 South East Eastgate Way, Suite 400, Bellevue, Washington 98005. Upon further information and belief, Defendant HTC - 3 - Case 1:09-cv-02578-MSK -MJW Document 194 Filed 02/23/10 USDC Colorado Page 4 of 26 CORPORATION is a Taiwanese corporation with its principal place of business located at 23 Hsin Hua Rd., Taoyuan 330, Taiwan, R. O. C. Hereinafter HTC AMERICA, INC. and HTC CORPORATION will be collectively referred to as “HTC”. 8. Upon information and belief, Defendant IKEGAMI ELECTRONICS (USA), INC. (“Ikegami”) is a New York corporation with its principal place of business located at 37 Brook Avenue, Maywood, New Jersey 07607. 9. Upon information and belief, IMATION CORPORATION (“Imation”) is a Delaware corporation with its principal place of business located at 1 Imation Way, Oakdale, Minnesota 55128. 10. Upon information and belief, Defendant KYOCERA COMMUNICATIONS, INC. is a California corporation with its principal place of business located at 10300 Campus Point Drive, San Diego, CA 92121. Upon further information and belief, KYOCERA WIRELESS CORPORATION is a California corporation with its principal place of business located at 10300 Campus Point Drive, San Diego, CA 92121. Upon further information and belief, Defendant KYOCERA INTERNATIONAL, INC. is a California corporation with its principal place of business located at 8611 Balboa Avenue, San Diego, California 92123-1580. Upon further information and belief, Defendant KYOCERA CORPORATION is a Japanese corporation with its principal place of business located at 6 Takeda Tobadono-cho, Fushimi-ku, Kyoto 612-8501, Japan. Hereinafter KYOCERA COMMUNICATIONS, INC., KYOCERA WIRELESS CORPORATION, KYOCERA INTERNATIONAL, INC., and KYOCERA CORPORATION will be collectively referred to as “Kyocera”. 11. Upon information and belief, Defendant LEICA CAMERA, INC. (“Leica”) is a - 4 - Case 1:09-cv-02578-MSK -MJW Document 194 Filed 02/23/10 USDC Colorado Page 5 of 26 Delaware corporation with its principal place of business located at 1 Pearl Court, Unit A, Allendale, New Jersey, 07401. 12. Upon information and belief, Defendant MARANTZ AMERICA, INC. is a California corporation with its principal place of business located at 100 Corporate Drive, Mahwah, New Jersey 07430. Upon further information and belief, Defendant D&M HOLDINGS US INC. is a Delaware corporation with its principal place of business located at 100 Corporate Drive, Mahwah, New Jersey 07430. Upon further information and belief, Defendant D&M HOLDINGS INC. is a Japanese corporation with its principal place of business located at D&M Building 2-1, Nisshin-cho, Kawasaki-ku, Kawasaki-shi, Kanagawa, 210-8569 Japan. Hereinafter MARANTZ AMERICA, INC., D&M HOLDINGS US INC., and D&M HOLDINGS INC. will be collectively referred to as “Marantz”. 13. Upon information and belief, Defendant NOKIA, INC. is a Delaware corporation with its principal place of business located at 102 Corporate Park Drive, White Plains, New York 10604. Nokia is registered to do business in Colorado as a foreign corporation and has appointed National Registered Agents Inc., 1535 Grant Street Suite 140, Denver, Colorado 80203, as its agent for service of process. Upon further information and belief, NOKIA CORPORATION is a Finnish corporation with its principal place of business located at Keilalahdentie 2-4, P.O. Box 226, FIN-00045 Nokia Group, Finland. Hereinafter NOKIA, INC. and NOKIA CORPORATION will be collectively referred to as “Nokia”. 14. Upon information and belief, Defendant PANASONIC CORPORATION OF NORTH AMERICA is a Delaware corporation with its principal place of business located at One Panasonic Way, Secaucus, New Jersey 07094. Panasonic has appointed The Corporation - 5 - Case 1:09-cv-02578-MSK -MJW Document 194 Filed 02/23/10 USDC Colorado Page 6 of 26 Company, 1675 Broadway, Suite 1200, Denver, Colorado 80202 as its agent for service of process. Upon further information and belief, PANASONIC CORPORATION is a Japanese corporation with its principal place of business located at 1006, Oaza Kadoma, Kadoma-shi, Osaka 571-8501, Japan. Hereinafter PANASONIC CORPORATION OF NORTH AMERICA and PANASONIC CORPORATION will collectively be referred to as “Panasonic”. 15. Upon information and belief, Defendant SUMMIT TECHNOLOGY GROUP, LLC (“Polaroid”) is a New Jersey limited liability corporation with its principal place of business located at 145 Belmont Drive, Somerset, NJ 08873. 16. Upon information and belief, Defendant SAKAR INTERNATIONAL, INC. (“Sakar”) is a New York corporation with its principal place of business located at 195 Carter Drive, Edison, New Jersey 08817. 17. Upon information and belief, Defendant SAMSON TECHNOLOGIES CORP. (“Samson”) is a New York corporation with its principal place of business located at 45 Gilpin Avenue, Suite 100, Hauppauge, New York 11788. 18. Upon information and belief, Defendant TEAC AMERICA, INC. doing business as TASCAM (“Tascam”) is