Free Amended Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00627-GMS-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VALEO SISTEMAS ELECTRICOS S.A. DE C.V. ) ) ) Plaintiff, ) ) v. ) CIF LICENSING, LLC, D/B/A GE LICENSING ) ) Defendant, ) v. ) ) STMICROELECTRONICS, INC. ) ) Cross-Claim Defendant. )

Civil Action No. 06-627-KAJ

FIRST AMENDED COMPLAINT Declaratory Judgment Complaint Against GE Licensing 1. and 2202. 2. Plaintiff Valeo Sistemas Electricos, S.A. de C.V. ("Valeo CV") is a Subject matter jurisdiction is based upon 28 U.S.C. §§1331, 1338, 2201

Mexican corporation with a principal place of business in San Luis Potosi, Mexico. 3. Defendant CIF Licensing, LLC, d/b/a GE Licensing ("GE") asserts that it

is a Delaware company with a principal place of business in Princeton, New Jersey and that it owns United States patent 4,733,159 ("the `159 patent") (attached as Exhibit A). Each of the 18 claims in the '159 patent is specifically directed to "[a] voltage regulator." 4. GE has asserted that certain voltage regulators used in certain alternators

infringe the `159 patent and has filed an infringement action against Valeo, Inc., a New York corporation, with a principal place of business in Auburn Hills, Michigan. The action was filed

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on August 30, 2006 in the United States District Court for the Eastern District of Texas, Marshall Division. Valeo, Inc. has not made, used, offered to sell, sold or imported the voltage regulators accused of infringement in the Texas suit. 5. Valeo CV sells certain alternators which include the voltage regulators Accordingly, there is a justiciable controversy

accused of infringement in the Texas suit. between GE and Valeo CV. 6. 7.

Valeo CV has not infringed the `159 patent. On information and belief, the `159 patent, as asserted against the voltage

regulators accused of infringement in the Texas suit, is invalid under, inter alia, 35 U.S.C. §§101, 102, 103 and/or 112. WHEREFORE, Valeo CV requests a. b. invalid, c. d. e. its attorney fees (35 U.S.C. §285), its costs (rule 54(d), Fed. R. Civ. P.) and such other relief as may be appropriate. Cross-Claim Against STMicroelectronics, Inc. 8. Subject matter jurisdiction is based upon diversity. 28 U.S.C. §1332. a declaration that Valeo CV has not infringed the `159 patent, a declaration that the `159 patent, as asserted by GE in the Texas suit, is

Plaintiff Valeo CV and cross-claim defendant STMicroelectronics, Inc. ("STM") have diverse citizenship and the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. Subject matter jurisdiction is also based upon supplemental jurisdiction. 28

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U.S.C. §1367. The cross-claim is a part of the same case or controversy as the declaratory judgment action. 9. 10. Valeo CV is as set forth in paragraph 1. On information and belief, STM is a Delaware corporation with a place of

business at Carrollton, Texas. 11. the Texas suit. 12. STM is obligated to defend Valeo CV and to indemnify it for any STM sold to Valeo CV the voltage regulators accused of infringement in

judgment entered against it with respect to the voltage regulators accused of infringement in the Texas suit. 13. STM was advised of a similar GE pre-suit assertion of infringement of the

'159 patent but refused to provide a defense or agree to indemnification. WHEREFORE, Valeo CV requests a. an order requiring STM to defend it against any charge of infringement

with respect to the voltage regulators accused of infringement in the Texas suit, b. a declaration that STM is liable for any judgment against it with respect to

the voltage regulators accused of infringement in the Texas suit, c. d. e. its attorney fees, its costs (rule 54(d), Fed. R. Civ. P.) and such other relief as may be appropriate.

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Karen Jacobs Louden ___________________________ Jack B. Blumenfeld (#1014) Karen Jacobs Louden (#2881) [email protected] 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19801 (302) 658-9200 Attorneys for Plaintiff Valeo Sistemas Electricos S.A. de C.V. OF COUNSEL: Arthur I. Neustadt Jean-Paul Lavalleye Aarti Shah Richard T. Matthews OBLON, SPIVAK, MCCLELLAND, MAIER & NEUSTADT, P.C. 1940 Duke Street Alexandria, VA 22314 (703) 413-3000 December 13, 2006

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on December 13, 2006 I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Steven J. Balick Ashby & Geddes John W. Shaw Young, Conaway, Stargatt & Taylor LLP and that I caused copies to be served upon the following in the manner indicated: BY HAND Steven J. Balick Ashby & Geddes 222 Delaware Avenue P.O. Box 1150 Wilmington, DE 19899 John W. Shaw (#3362) Adam W. Poff (#3990) Monté T. Squire (#4764) Young, Conaway, Stargatt & Taylor LLP The Brandywine Building 1000 West Street, 17th Flr. Wilmington, DE 19801

/s Karen Jacobs Louden [email protected]

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