Sony v. Red.Com

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Case 8:13-cv-00546-JVS-AN Document 1 Filed 04/05/13 Page 1 of 260 Page ID #:4


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1laintiff Sony Corporation ("Sony") files this Complaint against Red.com2 Inc. dba Red Digital Cinema ("Red") pursuant to the patent laws of the United3 States, 35 U.S.C. 1 et seq, and alleges as follows:4HE PARTIES5

.ony is a corporation organized and existing under the laws of Japan6 with offices at 1-7-1 Konan, M inato-ku, Tokyo, 108-0075, Japan.7.n information and be lief, Red is a corporation organized and ex isting8 under the laws of Washington, having its principal place of business at 34 Parker9 Irvine, California 92618, and doing business within this judicial district. Upon10 information and belief, Red makes, imports into the United States, offers for sale1 1 sells, and/or uses in the United States digital cinematography products, including12 without limitation, the RED ONE, EPIC, and SCARLET cameras; various Digital1 3 Still & M otion Camera ("DSM C") modules such as the SSD MO DU LE, the DSMC14 SIDE HANDLE, and the REDMOTE; and various displays such as the RED1 5 TOUCH 5.0" LCD and the RED TOUCH 9.0" LCD.16URISDICTION AND VENUE17.his lawsuit is an action for patent infringement arising under the18 patent laws of the United States, 35 U.S.C. 1 et seq. This Court has subjec19 matter jurisdiction over this action pursuant to 28 U .S.C. 1331 and 1338.2 0.ed is subject to personal jurisdiction in this Court because, on21 information and belief, it does and has done substantial business in this judicia22 District, including: (i) designating an agent for service of process in the State o23 California; (ii) comm itting acts o f patent infringement in this District and elsewhere24 in California and the United States; and (iii) regularly doing business or soliciting25 business, engaging in other persistent courses of conduct, and/or deriving2 6 substantial revenue from products and/or services provided to individuals in this271 District and in this State. On information and belief, Red's place of business in : Irvine includes m anufacturing, repair, data recovery, technical support, direct sales,

1COMPLAINT FOR PATENT INFRINGEMENT

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1 and product d emon stration facilities. Further, on information and belief, Red has an2 additional place of business at 846 North Cahuenga Boulevard, Los Angeles,3 California 90038. On information and belief, Red's place of business in Los4 Angeles includes a retail store as well as repair, data recovery, technical support,5 product demonstration, and studio services facilities.6.enue is proper in this judicial district pursuant to 28 U.S.C. 13917 and 1400(b) because Red regularly conducts business in this judicial district, has a8 regular and established place of business in this judicial district, and/or because9 certain of the acts com plained of herein occurred in this judicial district.10HE PATENTS-IN-SUIT

1 1.n August 15, 1995, the United States Patent and Trademark Office12 I ( " USPTO") issued U.S. Patent No. 5,442,718 ("the `718 patent"), entitled1 3 "Apparatus and Method for Storing and Reproducing Digital Image Data Yielding14 High Resolution and High Quality Video Image Data," naming Hideki Kobayash1 5 and Yasuo Ido as inventors. A true and correct copy of the `718 patent is attached16 hereto as Exhibit A.17.n June 4, 1996, the USPTO issued U.S. Patent No. 5,523,795 ("th18 `795 patent"), entitled "Method and Apparatus for Serial Transmission and/or19 Reception of Nonsynchronous, Multiplexed signals," naming Mamoru Ueda as20 inventor. A true and correct copy of the `795 patent is attached hereto as Exhibit B.21.n December 7, 1999, the USPTO issued U.S. Patent No. 5,999,21322 ("the `213 patent"), entitled "Method of and Apparatus for Setting up Electronic23 Device," naming Katsuhiko Tsushima, Kazuyoshi Miyamoto, Taku Kihara, and24 Yoshio Chiba as inventors. A true and correct copy of the `213 patent is attached25 hereto as Exhibit C.26.n December 28, 1999, the USPTO issued U.S. Patent No. 6,009,23327 ("the `233 patent), entitled "Apparatus and Method for Recording and Reproducing28 a Video Signal With Camera Setting Data," naming Takashi Tsujimura, Terumasa2COMPLAINT FOR PATENT INFRINGEMENT

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1i Funabashi, and Chihiro Kaihatsu (now known as Chihiro Motono) as inventors. A2 true and correct copy of the `233 patent is attached hereto as Exhibit D.30 .n July 23, 2002, the USPTO issued U.S. Patent No. 6,423,993 ("the4 `993 patent"), entitled "Solid-state Image-sensing Device and Method for5 Producing the Same," naming Ryoji Suzuki, Takahisa Ueno, Hirofumi Sumi, and6 Keiji Mabuchi as inventors. A true and correct copy of the `993 patent is attached7 hereto as Exhibit E.81 .n November 21, 2006, the USPTO issued U.S. Patent No. 7,138,6179 ("the `617 patent"), entitled "Solid-state Image Pickup Device and Output Method10 Thereof," naming Keiji Mabuchi as inventor. A true and correct copy of the `6171 1 patent is attached hereto as Exhibit F.

122.n December 4, 2007, the USPTO issued U.S. Patent No. 7,304,2871 3 ("the `287 patent"), entitled "Solid-state Image Pickup Device and Output Method14 Thereof," naming Keiji Mabuchi as inventor. On May 20, 2008, the USPTO issued1 5 a Certificate of Correction for the `287 patent. A true and correct copy of the `28716 patent with the certificate of correction is attached hereto as Exhibit G.173.he `718 patent, the `795 patent, the `213 patent, the `233 patent, the1 8 `993 patent, the `617 patent, and the `287 patent are collectively and henceforth19 referred to as the "patents-in-su it."204.ony owns by assignment the entire right, title and interest in and to21 each of the patents-in-suit with full and exclusive right to sue for past, present, and22 future infringements thereof.23AUSES OF ACTION24

OUNT I: INFRINGEMENT OF THE `718 PATENT255.ony repeats and re-alleges the allegations of the preceding p aragraphs26 of this Com plaint as if fully set forth herein.2716 .pon information and belief, in violation of 35 U.S.C. 271, Red has1A infringed and is continuing to infringe, literally and/or under the doctrine o3COMPLAINT FOR PATENT INFRINGEMENT

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1 equivalents, the `718 patent by practicing one or more claims of the `718 patent in2 the manufacture, use, offering for sale, sale, and/or importation of multiple Red3 products, including the RED ONE, EPIC, and SCARLET cameras. Sony reserves4 the right to contend that additional Red products infringe the `718 patent.57 .ed's activities have been without So ny's authorization.08 .s a result of Red's infringement of the `718 patent, Sony has been7~ ~ damaged, and will be further damaged, and is entitled to be compensated for such8 damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be9 ascertained, but that w ill be determined at trial.1 0OUNT II: INFRINGEMENT OF THE `795 PATENT1 19 .ony repeats and re-alleges the allegations of the preceding paragraphs

1 2 ~ of this Comp laint as if fully set forth herein.1 30.pon information and belief, in violation of 35 U.S.C. 271, Red has1 4 infringed and is continuing to infringe, literally and/or under the doctrine of1 5 equivalents, the `795 patent by practicing one or more claims of the `795 patent in1 6 the manufacture, use, offering for sale, sale, and/or importation of multiple Red1 7 products, including the RED ONE, EPIC, and SCARLET cameras. Sony reserves1 8 the right to contend that additional Red products infringe the `795 patent.1 91.ed's activities have been without Sony's authorization.2 02.s a result of Red's infringement of the `795 patent, Sony has been2 1 I damaged, and will be further damaged, and is entitled to be compensated for such2 2 damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be2 3 ascertained, but that w ill be determined at trial.2 4

OUNT III: INFRINGEMENT OF THE `213 PATENT2 53.ony repeats and re-alleges the allegations of the preceding p aragraphs2 6 of this Com plaint as if fully set forth herein.2 74 .pon information and belief, in violation of 35 U.S.C. 271, Red has2 8 infringed and is continuing to infringe, literally and/or under the doctrine of4COMPLAINT FOR PATENT INFRINGEMENTDOCS 1727472.4Case 8:13-cv-00546-JVS-AN Document 1 Filed 04/05/13 Page 5 of 260 Page ID #:8


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1 equivalents, the `213 patent by practicing one or more claims of the `213 patent in2 the manufacture, use, offering for sale, sale, and/or importation of multiple Red3 products, including the REDMOTE, as well as the EPIC and SCARLET cameras.4 Sony reserves the right to contend that additional Red products infringe the `2135 patent.65 .ed's activities have been without Sony's authorization.76 .s a result of Red's infringement of the `213 patent, Sony has been8 damaged, and will be further damaged, and is entitled to be compensated for such9 damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be1 0 ascertained, but that w ill be determined at trial.

1 1OUNT IV: INFRINGEMENT OF THE `233 PATENT1 27 .ony repeats and re-alleges the allegations of the preceding paragraphs1 3 of this Com plaint as if fully set forth herein.1 48 .pon information and belief, in violation of 35 U.S.C. 271, Red has1 5 infringed and is continuing to infringe, literally and/or under the doctrine of1 6 equivalents, the `233 patent by practicing one or more claims of the `233 patent in1 7 the manufacture, use, offering for sale, sale, and/or importation of multiple Red1 8 products, including the SSD MODULE, DSMC SIDE HANDLE, and RED1 9 TOUCH LCD as well as the RED ONE, EPIC, and SCARLET cameras. Sony2 0 reserves the right to contend that additional Red products infringe the `233 patent.2 19 .ed's activities have been without Sony's authorization.2 20. As a result of Red's infringement of the `233 patent, Sony has been2 3 damaged, and will be further damaged, and is entitled to be compensated for such2 4 damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be2 5 ascertained, but that w ill be determined at trial.2 6OUNT V: INFRINGEMENT OF THE `993 PATENT2 71 .ony repeats and re-alleges the allegations of the preceding paragraphs2 8 of this Com plaint as if fully set forth herein.5COMPLAINT FOR PATENT INFRINGEMENTDOCS 1727472.4Case 8:13-cv-00546-JVS-AN Document 1 Filed 04/05/13 Page 6 of 260 Page ID #:9


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32. Upon information and belief, in violation of 35 U.S.C. 271, Red has~ infringed and is continuing to infringe, literally and/or under the doctrine of

equivalents, the `993 patent by practicing one or more claims of the `993 patent inthe manufacture, use, offering for sale, sale, and/or importation of multiple Redproducts, including the EPIC and SCARLET cameras. Sony reserves the right tocontend that additional Red products infringe the `993 patent.

33. Red's activities have been without Sony's authorization.34. As a result of Red's infringement of the `993 patent, Sony has been

damaged, and will be further damaged, and is entitled to be compensated for suchdamages pursuant to 35 U.S.C. 284 in an amount that presently cannot beascertained, but that w ill be determined at trial.

COUNT VI: INFRINGEMENT OF THE `617 PATENT35. Sony repeats and re-alleges the allegations of the p receding paragraphs

of this Com plaint as if fully set forth herein.36. Upon information and belief, in violation of 35 U.S.C. 271, Red has

infringed and is continuing to infringe, literally and/or under the doctrine ofequivalents, the `617 patent by practicing one or more claims of the `617 patent inthe manufacture, use, offering for sale, sale, and/or importation of multiple Redproducts, including the EPIC and SCARLET cameras. Sony reserves the right tocontend that additional Red products infringe the `617 p atent.

37. Red's activities have been without Sony's authorization.38. As a result of Red's infringement of the `617 patent, Sony has been

damaged, and will be further damaged, and is entitled to be compensated for suchdamages pursuant to 35 U.S.C. 284 in an amount that presently cannot beascertained, but that w ill be determined at trial.

COUNT VII: INFRINGEMENT OF THE `287 PATENT39. Sony repeats and re-alleges the allegations of the p receding paragraphs

of this Com plaint as if fully set forth herein.6

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10.pon information and belief, in violation of 35 U.S.C. 271, Red has2 infringed and is continuing to infringe, literally and/or under the doctrine of3 equivalents, the `287 patent by practicing one or more claims of the `287 patent in4 the manufacture, use, offering for sale, sale, and/or importation of multiple Red5 products, including the EPIC and SCARLET cameras. Sony reserves the right to6 contend that additional Red products infringe the `287 patent.71.ed's activities have been without Sony's authorization.82. As a result of Red's infringement of the `287 patent, Sony has been9 damaged, and will be further damaged, and is entitled to be compensated for such10 damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be

1 1 ascertained, but that w ill be determined at trial.12RAYER FOR RELIEF13HER EFO RE, Sony p rays for the following relief:14a) That the Court enter judgment that Red has infringed each and every1 5 1 one of the patents-in-suit under 35 U .S.C. 271 et seq;16b) That the Court enter judgment that Sony has suffered irreparable harm17 as a result of Red's infringemen t, for wh ich there is no adequate remedy at law ;18c)hat Red, its officers, agents, servants, employees, and those persons19 acting in active concert or in participation with them be preliminarily and thereafter20 permanently enjoined pursuant to 35 U.S.C. 283 from m aking, using, impo rting,21 offering to sell, or selling any p roducts that infringe one o r more of the patents-in-221 suit, including but not limited to the RED ON E, EPIC, or SCAR LET cam eras, the23 SSD M ODULE, the DSMC SIDE HAND LE, the REDMO TE, the RED TOUC H24 5.0" LCD, or the RED TOUCH 9.0" LCD, or otherwise further infringing one or25 more of the patents-in-suit pursuant to 35 U.S.C. 283;26d) That Red be required to provide to Sony an accounting of all gains,27 profits, and advan tages derived by R ed as a result of its infringement of the patents-28 7COMPLAINT FOR PATENT INFRINGEMENT

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in-suit, and that Sony be aw arded damages adequate to compen sate Sony for thewrongful infringing acts by Red, in accordance with 35 U.S.C. 284 ;

(e) That Red be ordered to pay prejudgment and postjudgment interest;(f ) That Red be ordered to pay all costs associated w ith this action;(g ) That Red be directed to deliver up and destroy all infringing products,

including but not limited to all RED O NE, EPIC, and SC ARL ET cam eras; and(h) That Son y be granted such o ther and additional relief as the Court

deems just and proper.

DATED: April 5, 2013espectfully submitted,PROCOPIO CORY, HARG REAVES &SAVITCH LLPBy Victor M. FelixMathieu G. Blackston525 B Street, Suite 2200San Diego, CA 92101Telephone: (619) 238-1900

Facsimile: (619) 235-0398Email: [email protected] ;mgb cnr,procopio.comAttorneys for PlaintiffSONY CORPORATION

OF COUNSEL:M ichael N. RaderAllen S. RuggRobert M. AbrahamsenCharles T. SteenburgJoshua J. MillerWO LF GREENFIELD & SACKS, P.C.600 A tlantic AvenueBoston, MA 02210-2206Email: Michael [email protected] ;arugggwolfgreenfield.corn ; [email protected] ;[email protected] ; jmiller a,wolfgreenfield.com


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DEMAND FOR JURY TRIALPursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby

demands a trial by jury as to all issues so triable.

DATED: April 5, 2013espectfully submitted,PROCOPIO CORY, HARG REAVES &SAVITCH LLP

By: Victor M. FeliMathieu G. Blackston525 B Street, Suite 2200San Diego, CA 92101Telephone: (619) 238-1900Facsimile: (619) 235-0398Email: vmf@proco io.com ;[email protected] for PlaintiffSONY CORPORATION

OF COUNSEL:M ichael N. Rader (BBO #64 6990)Allen S. Rugg (BBO #674 4 84)Robert M. Abrahamsen (BBO #6 36635)Charles T. Steenburg (BBO # 66 3314 )Joshua J. Miller (BBO # 685101)WO LF GREENFIELD & SACKS, P.C.600 A tlantic AvenueBoston, MA 02210-2206Email: [email protected] ;arugg_gwolfgreenfield.com ; [email protected] ;[email protected] ; [email protected]


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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge James V. Selna and the assigneddiscovery Magistrate Judge is Arthur Nakazato.The case number on all documents filed with the Court should read as follows:

SACV13- 546 JVS (ANx}Pursuant to General Order 05-07 of the United States District Court for the Central

District ofCalifornia, the Magistrate Judge has been designated to hear discovety relatedmotions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on all defendants ( if a removal action isfiled, a copy of this notice must be served on all plaintiffs).Subsequent documents must be filed at the following location:U Western Division312 N. Spring St., Rm. G-8

Los Angeles, CA 90012LJ Southern Division

411 West Fourth St., Rm. 1-053Santa Ana, CA 92701-4516

Failure to file at the proper location will result in your documents being returned to you.

U Eastern Division3470 Twelfth St., Rm. 134Riverside, CA 92501

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY



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Sony v. Red.Com

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