Anu IP, LLC v. Toshiba America, Inc. et al

Filing 1

COMPLAINT against Toshiba America, Inc., Toshiba Corporation ( Filing fee $ 350 receipt number 0540-3546868.), filed by Anu IP, LLC. (Attachments: # 1 Exhibit A - US Patent No. 6,979,210, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet attachment)(Spangler, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ANU IP, LLC
Plaintiff,

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v.

TOSHIBA AMERICA, INC. and
TOSHIBA CORPORATION
Defendants

CIVIL ACTION NO. _________

JURY TRIAL DEMANDED

PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff Anu IP LLC respectfully files this Original Complaint for patent infringement
against Defendants Toshiba Corporation and Toshiba America, Inc.
PARTIES
1.

Plaintiff Anu IP LLC (“Anu”) is a limited liability company organized under the

laws of the State of Texas, with its principal place of business at 3301 W. Marshall Ave., Suite
303, Longview, Texas 75601.
2.

Defendant Toshiba America, Inc. is a Delaware corporation with a principal place

of business at 1251 Avenue of the Americas, Suite 4110, New York, New York 10020.
3.

Toshiba Corporation is a corporation organized under the laws of Japan with a

principal place of business at 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan.
4.

Defendants may be served with process through registered agent, The

Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE
19801.

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JURISDICTION AND VENUE
5.

This is an action for patent infringement under the Patent Laws of the United

States, 35 U.S.C. § 271, et seq.
6.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a).
7.

Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400(b).
FACTS

8.

Plaintiff is a Marshall, Texas-based company that owns U.S. Patent No. 6,979,210

(“the ’210 patent”). The ‘210 patent is attached as Exhibit A.
9.

The ‘210 patent relates to memory storage devices that contain retractable USB

(universal serial bus) connectors.
10.

The ‘210 patent is valid and enforceable.

11.

Defendants manufacture, import, sell, and offer for sale products that infringe the

‘210 patent, including but not limited to the 4GB Retractable Flash Drive PA3708U-1M4B.
12.

Defendants have engaged in acts of direct infringement in this judicial district.
CAUSE OF ACTION

A.

Infringement of the ‘210 Patent
13.

Plaintiff incorporates the foregoing paragraphs as if fully set forth here.

14.

Defendants have been, and are now, directly infringing the ‘210 patent in the

State of Texas, in this judicial district, and elsewhere within the United States by, among other
things, selling, offering for sale, or importing products and services covered by one or more
claims of the ‘210 patent, all to the injury of Plaintiff.

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15.

Defendants acts of infringement have been willful, deliberate, and in reckless

disregard of Plaintiff’s patent rights, and will continue unless permanently enjoined by this
Court.
16.

Plaintiff has been damaged by Defendants infringement of the ‘210 patent in an

amount to be determined at trial, and has suffered and will continue to suffer irreparable loss and
injury unless Defendants are permanently enjoined from infringing the ‘210 patent.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Anu IP LLC respectfully prays for the following relief against
Defendants Toshiba Corporation and Toshiba America, Inc.
A.

A judgment in favor of Plaintiff that Defendants have infringed the ‘210 patent;

B.

A permanent injunction, enjoining Defendants, along with its officers, directors,

agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from
infringing, inducing the infringement of, or contributing to the infringement of the ‘210 patent;
C.

A judgment and order requiring Defendants to pay Plaintiff damages for its

infringement of the ‘210 patent, together with interest (both pre- and post-judgment), costs and
disbursements as fixed by this Court under 35 U.S.C. § 284;
D.

A judgment and order finding Defendants infringement willful and awarding

treble the amount of damages and losses sustained by Plaintiff as a result of Defendants
infringement under 35 U.S.C. § 284;
E.

A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees; and
F.

Such other and further relief in law or in equity to which Plaintiff may be justly

entitled.

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DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of any and all issues triable of right before a jury.
Respectfully submitted,
/s/ Andrew W. Spangler
Andrew W. Spangler
SPANGLER & FUSSELL P.C.
208 N. Green Street, Suite 300
Longview, Texas 75601
[phone]
[phone] (facsimile)
[e-mail]
James A. Fussell III
SPANGLER & FUSSELL P.C.
211 N. Union St., Ste. 100
Alexandria, Virginia 22314
[phone]
[phone] (facsimile)
[e-mail]
Demetrios Anaipakos
AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING,
P.C.
[e-mail]
Fed. I.D. No. 20323
State Bar No. 00793258
Amir Alavi
[e-mail]
Fed. I.D. No. 00919
State Bar No. 00793239
Steven J. Mitby
[e-mail]
Fed. I.D. No. 33591
State Bar No. 24037123
1221 McKinney Street, Suite 3460
Houston, Texas 77010
Telephone: [phone]
Facsimile: 713-655-0062
ATTORNEYS FOR PLAINTIFF

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