Hysitron Incorporated v. MTS Systems Corporation

Filing 1

COMPLAINT with Jury Demand against MTS Systems Corporation ( Filing fee $ 350 receipt number 40011634.) assigned to Judge Ann D Montgomery per Patent List and referred to Magistrate Judge Janie S Mayeron, filed by Hysitron Incorporated. (Attachments: # 1 Civil Cover Sheet# 2 Exhibit A# 3 Exhibit B (Part 1 of 2)# 4 Exhibit B (Part 2 of 2))(kt) QC'd on 3/19/2007 (mkc).

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Hysitron Incorporated v. MTS Systems Corporation Doc. 1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA HYSITRON INCORPORATED, ) a Minnesota corporation, ) ) Civil Action No. v. ) Plaintiff, ) ) ) COMPLAINT ) MTS SYSTEMS CORPORATION, ) a Minnesota corporation, ) Defendant. ) ) (Jury Trial Demanded) Hysitron Incorporated, for its Complaint against MTS Systems Corporation, states: THE PARTIES 1. Plaintiff, Hysitron Incorporated ("Hysitron"), is a corporation organized and existing under the laws of Minnesota and having a principal place of business in Eden Prairie, Minnesota. 2. Defendant, MTS Systems Corporation ("MTS"), is a corporation organized and existing under the laws of Minnesota and having a principal place of business in Eden Prairie, Minnesota. JURISDICTION AND VENUE 3. This is a case for patent infringement arising under the Acts of Congress relating to patents, 35 U.S.C. 271, et seq. This Court has subject matter jurisdiction over Hysitron's patent infrngement claims under 28 U.S.C. 1331 and 1338(a). Dockets.Justia.com 4. This Court has personal jurisdiction over Defendant by virtue of Defendant's its incorporation under the laws of the State of Minnesota, Defendant's maintenance of headquarters in the State of Minnesota, and Defendant's continuous and systematic contacts with the State of Minnesota. 5. Venue is proper in this district under 28 U.S.C. 1391 (b) and (c) and 1400 (b). COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,026,677 6. On February 22, 2000, United States Patent No. 6,026,677 ("the '677 patent"), entitled APP ARA TUS FOR MICRO INDENT A TION HARDNESS TESTING AND SURF ACE IMAGING INCORPORATING A MULTI-PLATE CAPACITOR SYSTEM was duly and legally issued to Hysitron as assignee of the inventor, Wayne A. Bonin. Hysitron is the owner of the entire right, title and interest in and to the '677 patent, and has been and continues to be the owner. A copy of the '677 patent is attached as Exhibit A and is incorporated by reference. 7. Defendant has directly infrnged, induced infringement, and contributed to the infringement of the '677 patent through the manufacture, use, sale, and offer for sale of indentation testing devices with a scanned probe microscope apparatus, including NANO VisionTM, as well as Defendant's manufacture, use, sale, and offer for sale of scanned probe microscope apparatuses, including NANO VisionTM, to be used with indentation testing devices. 8. Hysitron has been damaged by Defendant's infringement of the '677 patent and will continue to be damaged in the future and suffer irreparable injury unless Defendant is enjoined from infrnging, inducing the infringement, and contributing to the infringement of the '677 patent. 2 9. Hysitron has satisfied the requirements of 35 U.S.C. 287(a) by marking its products to indicate that the products are covered by the '677 patent. 10. Defendant's infringement of the '677 patent has been willful and wil continue to the '677 patent. be wilful unless the Defendant is enjoined from further infringement of COUNT II INFRINGEMENT OF U.S. PATENT NO. 5,553,486 11. Paragraphs 1 through 5 are incorporated by reference and made a part of this Count. 12. On September 10, 1996, United States Patent No. 5,553,486 ("the '486 patent"), entitled APPARATUS FOR MICRO INDENTATION HARDNESS TESTING AND SURFACE IMAGING INCORPORATING A MULTI-PLATE CAPAC1TOR SYSTEM was duly and legally issued to Hysitron as assignee of the inventor, Wayne A. Bonin. Hysitron is the owner of the entire right, title and interest in and to the '486 patent, and has been and continues to be the owner. A copy of the '486 patent is attached as Exhibit B and is incorporated by reference. 13. Defendant has directly infringed, induced infrngement, and contributed to the infrngement of the '486 patent through the manufacture, use, sale, and offer for sale of indentation testing devices with a scaimed probe microscope apparatus, including NANO VisionTM, as well as Defendant's manufacture, use, sale, and offer for sale of scanned probe microscope apparatuses, including NANO VisionTM, to be used with indentation testing devices. 14. Hysitron has been damaged by Defendant's infrngement of the '486 patent and will continue to be damaged in the future and suffer in'eparable injury unless Defendant is 3 enjoined from infrnging, inducing infrngement, and contributing to the infringement of the '486 patent. 15. Hysitron has satisfied the requirements of35 U.S.C. 287(a) by marking its products to indicate that the products are covered by the '486 patent. 16. Defendant's infrngement of the '486 patent has been wilful and will continue to the '486 patent. be wilful unless the Defendant is enjoined from further infrngement of PRA YER FOR RELIEF WHEREFORE, Plaintiff Hysitron prays for the following relief: A. A judgment that Defendant has infringed, induced infrngement, and contributed to the infrngement of United States Patent No. 6,026,677. B. Ajudginent that Defendant's infringement of United States Patent No. 6,026,677 was willfuL. C. A preliminary and permanent injunction enjoining Defendant, its directors, officers, agents, servants, and employees, as well as any other persons in privity or active concert with any of the aforementioned people, from further infrnging, inducing the infrngement, or contributorily infiinging United States Patent No. 6,026,677. D. The award to Hysitron of all damages, including lost profits, arising from Defendant's infringement of United States Patent No. 6,026,677, including treble damages for willful infringement as provided by 35 U.S.C. 284, with interest and costs. E. The award to Hysitron ofpre-judginent interest under 35 U.S.c. 284 and the further award of post-judgment interest under 28 U.S.C. 1961 at the maximum rates permitted by law. 4 F. A judginent that Defendant has infrnged, induced infrngement, and contributed to the infrngement of United States Patent No. 5,553,486. judgment that Defendant's infrngement of G. A United States Patent No. 5,553,486 was willfuL. H. A preliminary and permanent injunction enjoining Defendant, its directors, officers, agents, servants, and employees, as well as well as any other persons in privity or active concert with any ofthe aforementioned people, from further infrnging, inducing the infringement, or contributorily infrnging United States Patent No. 5,553,486. 1. The award to Hysitron of all damages, including lost profits, arising from Defendant's infrngement of United States Patent No. 5,553,486, including treble damages for willful infringement as provided by 35 U.S.C. 284, with interest and costs. J. The award to Hysitron of pre-judgment interest under 35 U.S.C. 284 and the further award of post-judgment interest under 28 U.S.C. 1961 at the maximum rates permitted by law. K. An award of the legal fees incurred by Hysitron in this action, as pennitted in exceptional cases by 35 U.S.C. 285; and L. Such other and further relief as this Court may deem just and equitable. 5 DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. Respectfully submitted, Dated: ~/'1 ~ MERCHANT & GOULD P.C. By:~~M/'~ Allen W. Hinderaker, #45287 Tong Wu, MN Reg. #0288974 Todd Werner, MN Reg. #033019X 3200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-4131 Telephone: (612) 332-5300 Facsimile: (612) 332-9081 ATTORNEYS FOR PLAINTIFF 6

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