Documente Academic
Documente Profesional
Documente Cultură
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
2013 JUL-3 P 2= 30
CLERK U3 DISTRICT COURT ALEXANDRIA. VIRGINIA
Plaintiffs,
Case No,
/'/ifl/f^
PATENT CASE
CMH/TC0
"Plaintiff) files this Complaint against Hoshino Gakki Co., Ltd. and Hoshino (U.S.A.) Inc. (collectively, "Hoshino" or "Defendants") for infringement of U.S. Patent No. 6,172,291 Bl (the
'"291 Patent"). A copy of the '291 Patent is attached hereto as Exhibit A.
THE PARTIES
1.
corporation, with a principal place of business located at 10-2-1, Yachiyodai Nishi, Yachiyo
City, Chiba, Japan. "Pearl Musical Instrument Manufacturing Company Limited" is an English
2.
Pearl manufactures and sells drums, percussion musical instruments and flutes
for, among other markets, the United States. The majority of drums and related items are
manufactured by Pearl and imported directly from company-owned factories located overseas.
3.
incorporated and existing under the laws of Japan, with a principal place of business located at
No. 22-3, Shumokucho, Higashiku, Nagoya, Japan ("Hoshino Japan"). Upon information and
belief, Hoshino Japan has a temporary principal place of business located at 6-10, 1-Chome,
Shimizu, Kita-ku, Nagoya, 462-0844, Japan. Upon information and belief, Hoshino Japan
makes, uses, sells, offers for sale and imports into the United States musical instruments,
including percussion instruments and related hardware and accessories for percussion
instruments, particularly drums.
4.
and existing under the laws of Pennsylvania, with a principal place of business located at 1726
Winchester Road, Bensalem, Pennsylvania 19020 ("Hoshino USA"). Upon information and
belief, Hoshino USA makes, uses, sells, offers for sale and imports into the United States
musical instruments, including percussion instruments and related hardware for percussion
instruments, particularly drums.
JURISDICTION AND VENUE
5.
This lawsuit is a civil action for patent infringement arising under the patent laws
of the United States, 35 U.S.C. 101, et seq. This Court has subject matter jurisdiction pursuant
to 28 U.S.C. 1331,1332 and 1338(a).
6.
This Court has personal jurisdiction over Defendants because they have
and/or have engaged in continuous and systematic activities in the Commonwealth of Virginia, including in this District and Division. 7. On information and belief, within this District and Division, Defendants, directly
and/or through intermediaries and agents, have solicited, advertised (including through websites), offered to sell, sold and/or distributed infringing products, and/or have induced the sale and use of infringing products.
8.
information and belief, from and within this Judicial District, Defendants have committed acts of
infringement in this District and Division and/or are deemed to reside in this District and
Division. FACTUAL ALLEGATIONS
9.
On January 9, 2001, the United States Patent and Trademark Office issued U.S.
Patent No. 6,172,291 Bl (the '"291 Patent"), entitled "Drum Pedal System with Interchangeable Cam Elements." A true and correct copy of the '291 Patent is attached hereto at Exhibit A. The '291 Patent describes and claims a drum pedal system, a sprocket member assembly, and a drum
pedal kit. 10. Pearl is the assignee and owner of the entire right, title and interest in the '291
Patent with rights to enforce the '291 Patent and sue infringers.
11.
The '291 Patent is valid, is enforceable, and was duly and legally issued by the
United States Patent and Trademark Office in full compliance with Title 35 of the United States
Code.
12.
Defendants import, manufacture, market and/or sell drum pedals in the United
States that include interchangeable cam profiles allowing a user to change pedal performance
without removing the sprocket, including without limitation the Iron Cobra 600 Series (the "Accused Products").
COUNT I
Defendants have directly infringed and are still directly infringing the '291 Patent
by making, using, selling, offering for sale and importing the Accused Products that embody the
patented invention in violation of 35 U.S.C. 271.
15.
Defendants have indirectly infringed and are still indirectly infringing the '291
Patent, both contributorily and by inducement, by making, using, selling offering for sale and
importing the Accused Products that embody the patented invention through suppliers, wholesalers, distributors and retailers in violation of U.S.C. 271(b) and (c). The Accused Products have no substantial non-infringing uses and are for use in systems, assemblies, and kits
that infringe the '291 Patent. With knowledge of the '291 Patent, Defendants have and continue to induce others to infringe the '291 Patent without a good faith belief that the '291 Patent is not infringed and/or invalid.
16.
Defendants will continue to infringe the '291 Patent unless enjoined by this Court.
17.
Plaintiff has complied with all marking and notice requirements of 35 U.S.C.
287 by placing notice of the '291 Patent on all drum pedal systems with interchangeable cam
elements Plaintiff manufactures and sells.
18.
Defendants have infringed and are infringing the '291 Patent with knowledge at
least as early as on or about March 15, 2013, when counsel for Pearl sent a letter notifying Mr. William Reim, President of Hoshino (U.S.A.), and Mr. Toshitsugu Tanaka, President of Hoshino
Japan, that the Accused Products infringe the '291 Patent. Defendants acknowledged receipt of Plaintiffs' written notice of infringement, and counsel for the parties have exchanged additional
correspondence. 19. On information and belief, Defendants' infringement of the '291 Patent, since at
20.
21.
a.
contributorily infringed, and/or induced infringement of one or more claims of the '291 Patent;
b.
their subsidiaries, affiliates, parents, successors, assignees, officers, agents, servants, employees,
and all persons acting in concert or in participation with them, or any of them, from further acts
invention, including all pre-judgment and post-judgment interest at the maximum rate permitted
by law;
d.
e.
Award Plaintiff the costs of this action, including all disbursements, and
Plaintiffdemands a trial by jury on all issues properly triable by jury in this action.
Dated July 3,2013.
Respectfully submitted,