IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Similar documents
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:99-mc Document 689 Filed 12/01/11 Page 1 of 6 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE. Plaintiff, Civil Action No. COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA COMPLAINT FOR PATENT INFRINGEMENT

Case 1:17-cv LY Document 1 Filed 03/17/17 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

Courthouse News Service

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION INTEX RECREATION CORP.,

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

Case 1:16-cv UNA Document 1 Filed 04/19/16 Page 1 of 6 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:15-cv Document 1 Filed 04/14/15 Page 1 of 7 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 2:14-cv JDL Document 1 Filed 08/13/14 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA

Case 1:13-cv SS Document 1 Filed 09/11/13 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:16-cv JMS-MJD Document 1 Filed 01/26/16 Page 1 of 15 PageID #: 1

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

Case 2:15-cv Document 1 Filed 03/11/15 Page 1 of 52

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE. Plaintiff, C.A. No. COMPLAINT FOR PATENT INFRINGEMENT THE PARTIES

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 1:18-cv YK Document 1 Filed 06/07/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

Case 6:15-cv Document 1 Filed 01/13/15 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION COMPLAINT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 1:11-cv LPS Document 14 Filed 01/30/12 Page 1 of 7 PageID #: 59 UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

FILED 2015 Mar-25 PM 03:41 U.S. DISTRICT COURT N.D. OF ALABAMA

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 2:18-cv Document 1 Filed 05/09/18 Page 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PLAINTIFF S ORIGINAL COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) COMPLAINT FOR DECLARATORY JUDGMENT NATURE OF THE ACTION

Case 2:14-cv PMW Document 4 Filed 01/05/15 Page 1 of 20

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

USDC IN/ND case 3:15-cv document 1 filed 09/30/15 page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA

Case 2:11-cv ECR -PAL Document 1 Filed 02/25/11 Page 1 of 6

Case 5:16-cv Document 1 Filed 11/07/16 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, Defendants. COMPLAINT FOR PATENT INFRINGEMENT

Case 2:15-cv Document 1 Filed 04/14/15 Page 1 of 12 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 1:17-cv WJM Document 1 Filed 06/08/17 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 2:16-cv Document 1 Filed 12/09/16 Page 1 of 8 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA

Case 2:16-cv Document 1 Filed 12/09/16 Page 1 of 8 PageID #: 1

Case 1:14-cv Document 1 Filed 02/18/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) Judge:

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Plaintiff Case No.: 1:17-cv-6236 COMPLAINT

Case 3:16-cv N Document 1 Filed 02/09/16 Page 1 of 11 PageID 1

Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Case 3:17-cv AJB-KSC Document 1 Filed 05/23/17 PageID.1 Page 1 of 8

Case 2:14-cv Document 1 Filed 03/11/14 Page 1 of 15 PageID #: 1

Case 1:17-cv GMS Document 35 Filed 08/21/17 Page 1 of 19 PageID #: 195 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Case 2:15-cv MJP Document 21 Filed 02/11/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Case 1:16-cv Document 1 Filed 03/04/16 Page 1 of 6 PageID #: 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Civil Action No: HON. COMPLAINT FOR PATENT INFRINGEMENT

Case 6:18-cv ADA Document 26 Filed 01/11/19 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

Case 1:10-cv UNA Document 6 Filed 08/16/10 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

Case 1:14-cv UNA Document 1 Filed 06/06/14 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case: 1:13-cv Document #: 35 Filed: 09/13/13 Page 1 of 5 PageID #:130

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

Case 2:16-cv RJS Document 2 Filed 09/29/16 Page 1 of 15

Case 2:18-cv JRG Document 1 Filed 05/09/18 Page 1 of 12 PageID #: 1

Case 9:16-cv RLR Document 1 Entered on FLSD Docket 04/15/2016 Page 1 of 6

Case 1:16-cv UNA Document 1 Filed 04/07/16 Page 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA

Case 8:17-cv EAK-JSS Document 114 Filed 07/30/18 Page 1 of 11 PageID 2433 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 3:18-cv VKD Document 1 Filed 12/18/18 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 2:17-cv Document 1 Filed 03/29/17 Page 1 of 14 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

case 3:14-cv TLS-CAN document 1 filed 03/21/14 page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. v. C.A. NO. Defendant. DEMAND FOR JURY TRIAL

Case 6:15-cv Document 1 Filed 04/06/15 Page 1 of 5 PageID #: 1

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:17-cv JRH-BKE Document 1 Filed 03/21/17 Page 1 of 12. United States District Court Southern District of Georgia Augusta Division

Case 1:15-cv RWS Document 1 Filed 05/30/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

Case 1:17-cv UNA Document 1 Filed 09/15/17 Page 1 of 10 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ) ) ) ) ) ) ) ) ) )

COMPLAINT. Plaintiff, The Green Pet Shop Enterprises, LLC ( Green Pet Shop or. Plaintiff ), by and through its attorneys, THE RANDO LAW FIRM P.C.

Case 6:17-cv Document 1 Filed 04/05/17 Page 1 of 10 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN. v. Case No. 3:12-cv-686

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. Plaintiffs, Defendants. COMPLAINT

Case 2:14-cv HRH Document 37 Filed 12/08/14 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COMPLAINT

Case 1:17-cv SLR Document 1 Filed 01/23/17 Page 1 of 9 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 3:14-cv RS-EMT Document 1 Filed 03/28/14 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Case 1:99-mc Document 417 Filed 05/23/12 Page 1 of 10 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

Transcription:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VIRGIN ATLANTIC AIRWAYS LIMITED, Plaintiff, C.A. No. v. DEMAND FOR JURY TRIAL DELTA AIRLINES, INC., Defendant. COMPLAINT FOR PATENT INFRINGEMENT NATURE OF THE ACTION 1. This is a civil action for infringement of United States Patent No. 7,469,861. This action arises under the laws of the United States relating to patents, including 35 U.S.C. 281. THE PARTIES 2. Plaintiff Virgin Atlantic Airways Limited ( Virgin Atlantic ) is a corporation organized and existing under the laws of the United Kingdom and Wales, with its principal place of business at Company Secretariat, The Office, Manor Royal, Crawley, West Sussex, United Kingdom RH10 9NU. 3. On information and belief, Defendant Delta Air Lines, Inc. ( Delta ) is a corporation organized and existing under the laws of Delaware, having a principal place of business at 1030 Delta Boulevard, Atlanta, Georgia 30320-6001.

JURISDICTION AND VENUE 4. This court has jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a) and pursuant to the patent laws of the United States of America, 35 U.S.C. 101 et seq. 5. On information and belief, Delta is subject to personal jurisdiction in this district because it is a corporation duly incorporated under the laws of Delaware and it has purposefully engaged in activities giving rise to this claim for patent infringement that were and are directed at this judicial district. 6. Venue properly lies within the District of Delaware pursuant to the provisions of 28 U.S.C. 1391(b), (c) and (d) and 28 U.S.C. 1400(b), because Delta maintains or has maintained continuous and systematic contacts with this judicial district, and because Delta is subject to personal jurisdiction in this state and resides in this judicial district for purposes of 28 U.S.C. 1391(c) and 1400(b). BACKGROUND 7. The design of aircraft cabin layouts is a complex endeavor involving consideration of numerous factors, such as comfort and safety, in a constrained environment. Aircraft seat design must adhere to numerous regulatory constraints, such as height and width allowances, ample space for air circulation, alignment with oxygen masks and installation at specific angles to the longitudinal axis of the aircraft. Within these and other safety constraints, aircraft seat design must also address the human element and be attractive and comfortable to the flying consumer. 8. Over the years, first and business class aircraft seat designs have evolved to offer more comfort and space, while adhering to regulatory constraints and allowing for commercial success. More recently, airlines implemented herringbone configurations of 2

lie-flat seats in first and business class cabins, in which each seat is set at an angle from the longitudinal axis of the airplane. This herringbone configuration provides increased seat density and passenger comfort. 9. Initially, herringbone configurations faced outward with the passengers feet angled toward the exterior wall of the aircraft to provide passenger privacy. However, while providing privacy and comfort, the outward configuration forced passengers to climb over each other to access the aircraft aisle. And the marginally higher seat density of such outward-facing herringbone designs were not acceptable for business class, where a significantly higher seat density is an economic necessity. 10. To address passenger interests and concerns, Virgin Atlantic developed and patented an innovative, inward-facing herringbone seat design, which afforded more comfort and space, allowed a passenger to lie flat, and enabled passengers to access the aisle without disturbing other passengers. Additionally, Virgin Atlantic s inward-facing herringbone design allowed for a significantly increased seat density, making it useful for business class applications. Virgin Atlantic s commercialization of its innovative seating design was a great success, and Virgin Atlantic realized significant gains in first and business class passengers because of its advantageous and innovative seat design. THE ASSERTED PATENT 11. United States Patent No. 7,469,861 ( the 861 patent ) was issued on December 30, 2008 to David Ferry, Adam Bernard Wells, Luke Miles, Andrew Leslie Lawler, David Edward Starkey, Simon Frederick Mills and Gary Doy. A copy of the 861 patent, titled Seating System And A Passenger Accommodation Unit For A Vehicle, is attached as Exhibit A. 12. Virgin Atlantic is the owner by assignment of the 861 patent. 3

CLAIM FOR INFRINGEMENT AGAINST DELTA 13. On information and belief, third party Premium Aircraft Interiors UK Ltd., trading as Contour ( Contour ), has developed a lie-flat sleeper suite seating system called the Solar Eclipse. 14. On information and belief, defendant Delta selected Contour to supply the Solar Eclipse for installation in Delta s BusinessElite aircraft cabins. The Solar Eclipse seating system practices one or more claims of the 861 patent, including at least claims 1 and 13. 15. On information and belief, Contour and/or third party The Boeing Company ( Boeing ) has imported the infringing Solar Eclipse seating systems into the United States for defendant Delta, for installation in the BusinessElite cabins of all Delta Boeing 777-232 and 777-232LR aircraft registered in and operating from the United States, without authority or license from Virgin Atlantic. 16. On information and belief, on behalf of defendant Delta, Boeing has installed the infringing Solar Eclipse seating systems in the United States in the BusinessElite cabins of all Delta Boeing 777-232 and 777-232LR aircraft registered in and operating from the United States, without authority or license from Virgin Atlantic. 17. On information and belief, Delta uses the infringing Solar Eclipse seating system in the United States in the BusinessElite cabins of all Delta Boeing 777-232 and 777-232LR aircraft registered in and operating from the United States, without authority or license from Virgin Atlantic. 4

18. On information and belief, defendant Delta has directly infringed and continues to directly infringe one or more claims of the 861 patent, both literally and under the doctrine of equivalents, by making, using, selling, offering for sale and/or importing infringing Solar Eclipse seating systems in the United States. 19. On information and belief, defendant Delta has actively induced and continues to actively induce infringement of one or more claims of the 861 patent, both literally and under the doctrine of equivalents, by intentionally causing others, including at least third party Boeing and/or third party Contour, to make, use, sell, offer for sale and/or import infringing Solar Eclipse seating systems in the United States. 20. On information and belief, defendant Delta has contributorily infringed and continues to contributorily infringe one or more claims of the 861 patent, both literally and under the doctrine of equivalents, by importing into the United States, selling and/or offering to sell infringing Solar Eclipse seating systems that (1) constitute a material part of the invention of the 861 patent, (2) Delta knows to be especially adapted for use in infringing the 861 patent, and (3) are not staple articles of commerce suitable for substantial noninfringing use with respect to the 861 patent. 21. Defendant Delta had knowledge of the 861 patent and notice of its infringement of the 861 patent before the filing of this lawsuit. Since at least March 21, 2007, Delta has been on notice that its implementation of the infringing Solar Eclipse seating systems is within the scope of the disclosure of the published 861 patent application and its international equivalents. (See Exhibit B.) 5

22. On information and belief, the infringement of the 861 patent by defendant Delta has been and continues to be deliberate and willful. Defendant Delta has acted despite an objectively high likelihood that its actions constitute infringement of the 861 patent, and knew or should have known of the risk associated with its deliberate actions. PRAYER FOR RELIEF WHEREFORE, Virgin Atlantic respectfully requests that this Honorable Court enter judgment as follows A. Declaring that Delta has infringed and is infringing the claims of the 861 patent; B. Declaring that Delta s infringement of the 861 patent is deliberate and willful; C. Compensating Virgin Atlantic for all damages caused by Delta s infringement of the 861 patent; D. Enhancing Virgin Atlantic s damages up to three times their amount under 35 U.S.C. 284; E. Granting Virgin Atlantic pre- and post-judgment interests, together with all costs and expenses; F. Granting Virgin Atlantic its reasonable attorneys fees under 35 U.S.C. 285; G. Granting a permanent injunction enjoining and restraining Delta and its agents, servants, employees, affiliates, divisions, and subsidiaries, and those in association with it, from making, using, offering to sell, selling, and importing into the United States any product, or using, offering to sell, or selling any service, that fall within the scope of any claim of the 861 patent; and H. Awarding such other relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL Virgin Atlantic respectfully requests a trial by jury on all claims so triable. 6

DATED January 18, 2011 EDWARDS ANGELL PALMER & DODGE LLP /s/ John L. Reed John L. Reed (I.D. No. 3023) Denise Seastone Kraft (I.D. No. 2778) 919 N. Market Street, Suite 1500 Wilmington, DE 19801 (302) 777-7770 (Phone) (302) 777-7263 (Facsimile) OF COUNSEL Sean C. Cunningham John D. Kinton Megan E. McCarthy DLA PIPER LLP (US) 401 B Street, Suite 1700 San Diego, CA 92101-4297 (619) 699-2900 (Phone) (619) 764-7620 (Facsimile) Attorneys for Plaintiff Virgin Atlantic Airways Limited 7