idatech v. element one et. al

8/6/2019 IdaTech v. Element One et. al.

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& Timothy S. DeJong, OSB No. 940662Email: [email protected] A. Shlachter, OSB No. 911718Email: [email protected] Tedesco Milesnick, OSB No. 050933Email: [email protected] S. Gill, OSB No. 033238Email: [email protected] STOLL BERNE LOKTING & SHLACHTER P.C.209 S.W. Oak Street, Fifth FloorPortland, Oregon 97204Telephone: (503)227-1600Facsimile: (503) 227-6840Attorneys for Plaintiff

FiiBi5 JU_'ii li52USBC-i

IN THE UNITED STATES D ISTRICT COURTFOR THE DISTRICT OF OREGON

EUGENE DIVISION

IdaTech, LLC, an Oregon limited liabilitycompany ,

Plaintiff,

Element One LLC, an Oregon limitedliability company; and David Edlund, anindividual,

Defendants.

CasetCVll-622 8 L\COMPLA INT FOR PATENT

I NFR INGEMENT

JURY TRIAL DEMANDED

PlaintiffIdaTech, LLC ("IdaTech"), for its complaint against defendants Element OneLLC ("Element One") andDavidEdlund ("Edlund") (collectively, "Defendants"), statesasfollows:

v\\yi Pagel-3051

COMPLAINT FOR PATENT INFRINGEMENTSTOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209S.W. OAK STREETPORTLAND, OREGON 97204

TEL.(503) 227-1600 FAX(503)227-6840


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Na t u r e of the Case

1. This is an action for patent infringement under the patent laws of the UnitedStates, 35 U.S.C. 1 et seq., and specifically under 35 U.S.C. 271 and 281.

T h e P a r ti es

2. IdaTech is an Oregon limited liability company with its principal place ofbusiness at 63065 N.E. 18th Street, Bend, Oregon 97701.

3. Element One is an Oregon limited liability company with its principal place ofbusiness at 345 Cyber Drive, Suite 105, Bend, Oregon 97702.

4. Edlund is an individual residing at 2317 N.W. Tower Rock Road, Bend, Oregon97701.

Ju r i sd i c t i on an d Venue

5. This Court has jurisdiction under 28 U.S.C. 1331 and 1338(a).6. Venue is appropriate pursuant to 28 U.S.C. 1391(b)and (c) and 1400(b).

Cla im f o r R e l i e f

(Patent Infringement Against All Defendants)7. IdaTech is the owner ofU.S. Patent No. 5,861,137 entitled "Steam Reformer with

InternalHydrogenPurification,"which issuedon January 19, 1999(the " '137 Patent"), a copyofwhich is attached hereto as Exhibit A: U.S. Patent No. 5,997,594, entit led "Steam Reformerwith InternalHydrogenPurification,"which issued on December 7,1999 (the " '594 Patent"), acopyof which is attachedhereto as ExhibitB; and U.S.PatentNo. 6,221,117, entitled"Hydrogen Producing Fuel Processing System," which issuedonApril 24, 2001 (the "'117Patent"), a copyof whichis attached hereto as ExhibitC. Collectively, the '137 Patent, the '594patent, and the ' 117 Patentare referred to in this Complaint as the"AssertedPatents."Page2 - COMPLAINT FORPATENT INFRINGEMENT305111 STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OA K STREETPORTLAND,OREGON 97204

TEL.(503) 227-1600 FAX(503)227-6840


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8. Element One is in the business ofdesigning, manufacturing, marketing andselling hydrogen generator(fuel reformer) productsand components for hydrogengenerator(fuel reformer) products and fuel cell systems from its principal placeof business inBend,Oregon.

9. Edlund is a co-founder and ChiefExecutive Officer of Element One and isresponsible for technical development, manufacturing, and business development at ElementOne.

10. Edlundis a formeremployee of IdaTechand a named inventoron eachof theAsserted Patents. Edlund assigned eachof theAsserted Patents to IdaTech. IdaTech hasownedeach of t he Asse rt ed Pa ten ts s ince i t s i ssuance.

11. ElementOne has infringedand is infringing each of the AssertedPatentsby,among other things, making, using, selling oroffering to sell intheUnited States, including inthisjudicial district, hydrogen generator (fuel reformer) products or components forhydrogengenerator(fuel reformer)products and fuel cell systems.

12. Edlund has actively induced andis actively inducing infringement of eachof theAsserted Patents:

a. At all material times, Edlund had actual knowledge of each of theAsserted Patents.

b. In his capacity as ChiefExecutive Officerof Element One,Edlundauthorized anddirected the infringing conductof Element Onedescribed in Paragraph 11of thisComplaint, andEdlund participated in the decision to cause Element One toengage in such conduct.

Page3 - COMPLAINT FORPATENT INFRINGEMENT305111

STOLL STOLL BERNE LOKTING& SHLACHTER P.C.209 S.W. OAK STREET

PORTLAND, OREGON 97204TEL.(503)227-1600 FAX(503)227-6840


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c. At all material times, Edlund either (i) knew that the conduct ofElementOne described in Paragraph 11 of this Complaint infringed each of the Asserted Patents;or (ii) believedthat there was a high probability that suchconduct infringedeachof theAsserted Patents and took deliberate actions to avoid confirming that fact.13. Element One's acts of infringement have been willful and deliberate:

a. At all material times, Element One had actual knowledge of each of theAsserted Patents.

b. At all material times, Element One either (i) engaged in the conduct

describedin Paragraph 11 of this Complaint knowing that such conduct would infringeeach of the Asserted Patents; or (ii) engaged in such conduct knowing that there was asubstantial risk that such conduct would infringe each of the Asserted Patents.14. Edlund's acts of infringement have been willful and deliberate:

a. At all material times, Edlund had actual knowledge of each of theAsserted Patents.

b. At all material times, Edlund either (i) engaged in the conduct described inParagraph 12of thisComplaint knowing that suchconduct would induce infringement ofeach of the Asserted Patents; or (ii) engaged in such conduct knowing that there was asubstantial risk that such conduct would induce infringement of each of the AssertedPatents.

15. IdaTech has suffered, and will continue to suffer, substantial harm due toDefendants' infringing acts, and is entitledto recoverdamages fromDefendantsin an amountadequate to compensate IdaTech forthe infringement thathasoccurred, butinno event less thana reasonableroyalty for the use made by Defendantsof the inventions.Page4 - COMPLAINT FORPATENT INFRINGEMENT305U1 STOLL STOLL BERNE LOKTING& SHLACHTER P.C.

209S .W . OA K STREETPORTLAND, OREGON 97204

TEL. (503)227-1600 FAX(503)227-6840


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16. IdaTech has suffered, and will continue to suffer, permanent and irreparableinjury, for which IdaTechhas no adequateremedyat law. IdaTech is entitledto injunctive reliefenjoining Defendants from infringing the Asserted Patents.

17. IdaTech is entitled to the reliefprovided by 35 U.S.C. 281, 283, 284, and 285.P r a y e r for Relief

WHEREFORE, IdaTech demands judgment in its favor and against Defendants requiringDefendants to appear and answer and, at trial or final hearing, that IdaTech recover from andagainst Defendants the following relief:

A. Actual and statutorily increased damages in an amount that has yet to beascertained;B. An order for an accounting of damages;C. Costs ofCourt;D. IdaTech's attorney fees and expenses pursuant to 35 U.S.C. 285, ORS 646.467,

and 15 U.S.C. 1117(a);E. For an order permanently enjoiningDefendants, their agents, officers, assigns andothers acting in concert with Defendants from infringing, inducing infringement

of, or contributing to infringement of the Asserted Patents; andF. All other relief to which IdaTech is justly entitled.

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Page 5 - COMPLAINTFORPATENTINFRINGEMENT305111

STOLL STOLL BERNE LOKTING& SHLACHTER P.C.20 9 S.W. OA K STREET

PORTLAND, OREGON 97204TEL.(503)227-1600 FAX(503)227-6840


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Demand f o r J u r y T r i a l

IdaTech hereby demands a trial by jury.

DATED this 15th day of July, 2011.STOLL STOLI/fifcRNE LOKTING & SHLACHTER P.C.

By: Timbthv$fDKTofrg, OSB No. 940662Robert MShlachter, OSB No. 911718Elizabeth Tedesco Milesnick, OSBNo. 050933Jacob S. Gill, OSB No. 033238

209 SW Oak Street, 5th FloorPortland, OR 97204Telephone: (503)227-1600Facsimile: (503) 227-6840Email: [email protected]@[email protected]@stollberne.com

Attorneys for Plaintiff

COMPLAINT FOR PATENT INFRINGEMENTSTOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209S .W . OA K STREETPORTLAND, OREGON 97204

TEL.(503)227-1600 FAX(503)227-6840

idatech v. element one et. al

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