Salsnes Filter As v. M2 Renewables et. al.

8/6/2019 Salsnes Filter As v. M2 Renewables et. al.

http://slidepdf.com/reader/full/salsnes-filter-as-v-m2-renewables-et-al 1/20

Case 8:11-cv-01239-JVS -AN Document 1 Filed 08/18/11 of 20 Page ID #:6



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Complaint

76361-7001/LEGAL21565248.1 -1-

Salsnes Filter AS (“Salsnes”) alleges:

JURISDICTION AND VENUE

1. This is an action for patent infringement under Title 35 of the United

States Code. The Court has federal question jurisdiction under 28 U.S.C. § 1331,

and exclusive original jurisdiction under 28 U.S.C. § 1338(a).

2. Venue properly lies in this district pursuant to 28 U.S.C. §§ 1391(b),

1391(c) and 1400(b). The defendants are subject to personal jurisdiction in this

judicial district. Salsnes is informed and believes and thereon alleges that

defendant M2 Renewables, Inc.’s (“M2R”) principal place of business is within this

judicial district, that defendant M2R has systematic and not isolated activities

within this judicial district, and that defendant M2R has committed acts of patent

infringement, as set forth in the First Claim for Relief herein, within this judicial

district. Salsnes is informed and believes and thereon alleges that defendant Nepsus

Environmental LLC (“Nepsus”) has systematic and not isolated activities within

this judicial district and that defendant Nepsus has committed acts of patent

infringement, as set forth in the Second Claim for Relief herein, within this judicial

district.PARTIES

3. Salsnes is a corporation organized and existing under the laws of

Norway with its principal place of business in Namsos, Norway. Salsnes is a

leading provider of filter technology for primary wastewater treatment and sludge

dewatering.

4. Salsnes is informed and believes and thereon alleges that Defendant

M2R is a Delaware corporation with its principal place of business in Lake Forest,

California.

5. Salsnes is informed and believes and thereon alleges that Defendant

Nepsus is an Arizona limited liability company with its principal place of business

in Tempe, Arizona.




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Complaint

76361-7001/LEGAL21565248.1 -2-

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 6,942,786 by M2R)

6. U.S. Patent No. 6,942,786 (“the ’786 patent”), entitled Cleaning

Device for Waste Water , issued on September 13, 2005. Salsnes owns all right and

title to the ’786 patent. A true and correct copy of the ’786 patent is attached as

Exhibit “1.”

7. Salsnes is informed and believes and thereon alleges that M2R has

infringed, and will continue to infringe, one or more claims of the ’786 patent

directly, contributorily, or by inducement by making, using, selling, or offering to

sell in this country (including this judicial district), a cleaning device for waste

water. Examples of cleaning devices for waste water that infringe include, but are

not limited to, the M2R Microscreen.

8. Salsnes is informed and believes and thereon alleges that M2R has

committed the aforementioned acts of infringement of the ’786 patent in connection

with the installation identified as the City of Adelanto, California waste water

treatment plant that includes the M2R Microscreen.

9. Salsnes is informed and believes and thereon alleges that M2R hascommitted the aforementioned acts of infringement of the ’786 patent in connection

with the installation identified as the ProLogis-Fontana, California Kaiser Steel

waste water treatment plant that includes the M2R Microscreen.

10. Salsnes is informed and believes and thereon alleges that M2R’s

infringement of the ’786 patent is willful. As a result, Salsnes is entitled to

increased damages under 35 U.S.C. § 284 and to its attorneys’ fees incurred in

prosecuting this action under 35 U.S.C. § 285.

11. Salsnes has been, and will continue to be damaged by M2R’s

infringement of the ’786 patent, and has been and will be, irreparably harmed

unless M2R’s infringement is enjoined.




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Complaint

76361-7001/LEGAL21565248.1 -3-

SECOND CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 6,942,786 by Nepsus)

12. Salsnes incorporates paragraphs 1 through 6, above.

13. Salsnes is informed and believes and thereon alleges that Nepsus has

infringed, and will continue to infringe, one or more claims of the ’786 patent

directly, contributorily, or by inducement by making, using, selling, or offering to

sell in this country (including this judicial district), a cleaning device for waste

water. Examples of cleaning devices for waste water that infringe include, but are

not limited to, the “Preliminary Separator” as used in the “Nepsus CBUM Process.”

14. Salsnes is informed and believes and thereon alleges that Nepsus has

committed the aforementioned acts of infringement of the ’786 patent in connection

with an installation identified as the City of Adelanto, California waste water

treatment plant that includes the “Preliminary Separator” as used in the “Nepsus

CBUM Process.”

15. Salsnes is informed and believes and thereon alleges that Nepsus’

infringement of the ’786 patent is willful. As a result, Salsnes is entitled to

increased damages under 35 U.S.C. § 284 and to its attorneys’ fees incurred inprosecuting this action under 35 U.S.C. § 285.

16. Salsnes has been, and will continue to be damaged by Nepsus’

infringement of the ’786 patent, and has been and will be, irreparably harmed

unless Nepsus’ infringement is enjoined.

PRAYER FOR RELIEF

WHEREFORE, Salsnes requests the following relief:

On the First Claim for Relief ,

A. A judgment that M2R infringes the ’786 patent;

B. A permanent injunction enjoining and restraining M2R and its officers,

agents, attorneys, and employees, and those acting in privity or concert with them

from infringing the ’786 patent for its full term;




1 C. An award of damages to Salsnes including pre-judgment and post-

2 judgment interest in an amount adequate to compensate Salsnes for M2R's

3 infringement of the '786 patent, and, ifwillful infringement is shown, that the

4 damages be trebled pursuant to35

U.S.C. § 284;5 On the Second Claim for Relief,

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D.

E.A judgment that Nepsus infringes the '786 patent;

A permanent injunction enjoining and restraining Nepsus and its

8 officers, agents, attorneys, and employees, and those acting in privity or concert

9 with them from infringing the '786 patent for its full term;

10 F. An award of damages to Salsnes including pre-judgment and post-

11 judgment interest in an amount adequate to compensate Salsnes for Nepsus'

12 infringement of the '786 patent, and, ifwillful infringement is shown, that the

13 damages be trebled pursuant to 35 U.S.C. § 284;

14 On all Claims for Relief,

15 G. For a declaration that this is an exceptional case and an award of

16 Salsnes' costs, disbursements, and attorneys' fees incurred in this action, including

17 attorneys' fees pursuant to 35 U.S.C. § 285; and

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H. Any other and further relief this Court may deem just and proper.

DATED: August 18,2011

76361-7001/LEGAL21565248.1

h a ilton, Bar No. 211544

mi [email protected]

Attorneys for PlaintiffSALSNES FILTER AS

-4-Complaint




1 DEMAND FOR JURY TRIAL

2 Salsnes hereby demands a jury trial.

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DATED: August 18,2011

76361-70011LEGAL21 565248. 1

Attorneys for PlaintiffSALSNES FILTER AS

-5-Complaint




Exhibit 1




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Salsnes Filter As v. M2 Renewables et. al.

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