Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 1 of 14 Page ID #:9 Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 2 of 14 Page ID #:10 1 1. DIGITECH IMAGE TECHNOLOGIES, LLC (“DIGITECH” or 2 “Plaintiff”) is a California limited liability company with a place of business at 500 3 Newport Center Drive, Suite 700, Newport Beach, CA 92660. 4 5 2. On information and belief, LEICA CAMERA AG is a foreign company 6 with a place of business at Solms, Germany and LEICA CAMERA INC. is a 7 8 Delaware corporation with a place of business at Allendale, NJ. Hereinafter, LEICA 9 CAMERA AG and LEICA CAMERA INC. are collectively referred to as “LEICA.” 10 JURISDICTION AND VENUE 11 12 3. This action arises under the patent laws of the United States, Title 35 of 13 the United States Code. This Court has subject matter jurisdiction pursuant to 28 14 15 U.S.C. §§ 1331 and 1338(a). 16 4. On information and belief, Defendant is subject to this Court’s specific 17 and/or general personal jurisdiction, pursuant to due process and/or the California 18 19 Long Arm Statute, due at least to its substantial business in California, including 20 related to the infringements alleged herein. Further, on information and belief, 21 Defendant has, within this forum, engaged in at least the selling of the accused 22 23 products listed herein. In addition, Defendant induces infringement of the patent-in- 24 suit by sellers and/or infringing users located in this forum. Further, on information 25 26 and belief, Defendant has interactive websites which are used in and/or accessible in 27 this forum. Further, on information and belief, Defendant regularly conducts and/or 28 - 2 – Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 3 of 14 Page ID #:11 1 solicits business, engages in other persistent courses of conduct, and/or derives 2 substantial revenue from goods and services provided to persons and/or entities in 3 California. 4 5 5. Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c) and 6 1400(b). Without limitation, on information and belief, Defendant is subject to 7 8 personal jurisdiction in this district. On information and belief, the Defendant is 9 subject to this Court’s specific and/or general personal jurisdiction, pursuant to due 10 process and/or the California Long Arm Statute, due at least to their substantial 11 12 business in this district, including related to the infringements alleged herein. Further, 13 on information and belief, Defendant is, within this forum, engaged in at least the 14 15 selling of the accused products listed herein. In addition, Defendant induces 16 infringement of the patent-in-suit by sellers and/or infringing users located in this 17 forum. Further, on information and belief, Defendant has interactive websites which 18 19 are used in and/or accessible in this forum. Further, on information and belief, 20 Defendant regularly conducts and/or solicits business, engages in other persistent 21 courses of conduct, and/or derives substantial revenue from goods and services 22 23 provided to persons and/or entities in California. 24 COUNT I 25 26 INFRINGEMENT OF U.S. PATENT NO. 6,128,415 27 28 - 3 – Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 4 of 14 Page ID #:12 1 6. United States Patent No. 6,128,415 (“the ‘415 patent”), entitled 2 “DEVICE PROFILES FOR USE IN A DIGITAL IMAGE PROCESSING 3 SYSTEM,” issued on October 3, 2000. 4 5 7. DIGITECH is the present assignee of the entire right, title and interest in 6 and to the ‘415 patent, including all rights to sue for past and present infringement. 7 8 Accordingly, DIGITECH has standing to bring this lawsuit for infringement of the 9 ‘415 patent. 10 8. The various claims of the ‘415 patent cover, inter alia, a device profile 11 12 for describing properties of a device in a digital image reproduction system to capture, 13 transform or render an image, said device profile comprising: first data for describing 14 15 a device dependent transformation of color information content of the image to a 16 device independent color space; and second data for describing a device dependent 17 transformation of spatial information content of the image in said device independent 18 19 color space. 20 9. On information and belief, LEICA has been and now is infringing the 21 ‘415 patent by actions comprising making, using, importing, selling and/or offering to 22 23 sell products comprising a device profile for describing properties of a device in a 24 digital image reproduction system to capture, transform or render an image, said 25 26 device profile comprising: first data for describing a device dependent transformation 27 of color information content of the image to a device independent color space; and 28 - 4 – Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 5 of 14 Page ID #:13 1 second data for describing a device dependent transformation of spatial information 2 content of the image in said device independent color space. 3 10. Moreover, on information and belief, LEICA has been and now is 4 5 indirectly infringing by way of intentionally inducing infringement of the ‘415 patent 6 in this judicial district, and elsewhere in the United States, including by aiding or 7 8 abetting re-sellers, including but not limited to B&H, BEST BUY and BUY.COM, to 9 sell and/or offer for sale infringing products and/or customers and/or users to use 10 infringing products. Upon information and belief, such induced infringement has 11 12 occurred at least since this Defendant became aware of the ‘415 patent, at least 13 through becoming aware of this Complaint. 14 15 11. Upon present information and belief, LEICA’s infringing products 16 comprise at least the following accused products: V-LUX 40, V-LUX 3, X2, X1, D- 17 LUX 5, M9, M Monochrome and S2. 18 19 12. LEICA is thus liable for infringement of the ‘415 patent pursuant to 35 20 U.S.C. § 271. 21 13. As a result of Defendant’s infringing conduct, Defendant has damaged 22 23 DIGITECH. Defendant is liable to DIGITECH in an amount that adequately 24 compensates DIGITECH for their infringement, which, by law, can be no less than a 25 26 reasonable royalty. 27 28 - 5 – Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 6 of 14 Page ID #:14 1 14. DIGITECH will take discovery relative to Defendant’s pre-suit 2 knowledge of the ‘415 patent at the appropriate time. Upon information and belief, 3 Defendant’s infringement of the ‘415 patent since receiving notice of the patent, at a 4 5 minimum by virtue of this lawsuit, would necessarily be willful and objectively 6 reckless at least due to the fact that the Defendant’s infringement is clear and there is 7 8 no known good faith basis to assert invalidity. 9 PRAYER FOR RELIEF 10 WHEREFORE, DIGITECH respectfully requests that this Court enter: 11 12 1. A judgment in favor of DIGITECH that Defendant has infringed, directly 13 and/or indirectly, the ‘415 patent; 14 15 2. A judgment that the Defendant’s infringement is and/or has been willful 16 and objectively reckless; 17 3. A permanent injunction enjoining Defendant, and its officers, directors, 18 19 employees, agents, affiliates and all others acting in active concert therewith from 20 infringing the ‘415 patent; 21 4. A judgment and order requiring Defendant to pay DIGITECH its 22 23 damages, costs, expenses, and prejudgment and post-judgment interest for 24 Defendant’s infringement of the ‘415 patent as provided under 28 U.S.C. § 284; 25 26 5. An award to DIGITECH for enhanced damages as provided under 35 27 U.S.C. § 284; 28 - 6 – Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 7 of 14 Page ID #:15 1 6. A judgment and order finding that this is an exceptional case within the 2 meaning of 35 U.S.C. § 285 and awarding to DIGITECH its reasonable attorneys’ 3 fees; 4 5 7. Any and all other relief to which DIGITECH may show itself to be 6 entitled. 7 8 DEMAND FOR JURY TRIAL 9 Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial 10 by jury of any issues so triable by right. 11 12 Dated: October 1, 2012 Respectfully submitted, 13 COLLINS, EDMONDS, 14 POGORZELSKI, SCHLATHER & TOWER, PLLC 15 16 17 John J. Edmonds – LEAD COUNSEL 18 State Bar No. 274200 19 20 Attorney for Plaintiff DIGITECH IMAGE 21 TECHNOLOGIES, LLC 22 23 24 25 26 27 28 - 7 – Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 8 of 14 Page ID #:16 Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 9 of 14 Page ID #:17 Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 10 of 14 Page ID #:18 Case 8:12-cv-01677-AG-RNB Document 1 Filed 10/01/12 Page 11 of 14 Page ID #:19 UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? 1.