Free Order on Motion for Issuance of Letters Rogatory - District Court of Delaware - Delaware

, Case 1:06-cv-00403-JJF Document 11 Filed 10/17/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ST. CLAIR INTELLECTUAL PROPERTY )
CONSULTANTS, INC., )
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Plaintifij )
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v. ) Civil Action No. 06-404-IJF
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SIEMENS AG, SIEMENS CORPORATION, )
BENQ CORPORATION, BENQ AMERICA )
CORPORATION, BENQ MOBILE GMBH & )
CO., AUDIOVOX COMMUNICATIONS )
CORPORATION, AUDIOVOX )
ELECTRONICS CORPORATION, )
UTSTARCOM, INC., SPRINT NEXTEL )
CORPORATION, CINGULAR WIRELESS )
L.L.C., CINGULAR WIRELESS )
CORPORATION, NEW CINGULAR )
WIRELESS SERVICES INC., VERIZON )
COMMUNICATIONS INC., VODAF ONE )
GROUP PLC, AND CELLCO PARTNERSHIP, )
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Defendants. )
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E . )
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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE
(LETTER RO GATORQI
The United States District Court for the District of Delaware presents its
compliments to the Appropriate Judicial Authority of Taiwan, and requests international
assistance to effect service of process to be used in a Civil proceeding before this Court in
the above—captioned matter. A trial on this matter will be held in Wilmington, Delaware,
United States of America. .
I. REQUEST —
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This Court requests the assistance described herein as necessary in the interests of
justice. The assistance requested is that the Appropriate Judicial Authority of Taiwan
effect Service of Process of the Surnmons, Complaint for Patent Infringement, Exhibits A-
D and Certified Translations on the below named business entity:
BenQ Corporation
157 Shan-ying Road
Taoyuan 333
Taiwan 1*400000
The Appropriate Judicial Authority of Taiwan is requested to serve the above-
mentioned documents by personal service into the hands of a director, managing agent or
other person authorized to accept service, or in a manner of service consistent with the
law ofTaiwan.
II. PLAIN TIFFS’ ALLEGATIONS
This is an action for infringement of United States letters patent pursuant to 35
U.S.C. § 271. The following is a summary of allegations made by the Plaintiff ("St.
Clair"). This Court has not reached any conclusions regarding the facts of the case and
does not endorse the accuracy of the Plaintiffs allegations. 1
• On August 11, 1992, United States Letters Patent No. 5,138,459 ("‘459 patent")
entitled "Electronic Still Video Camera With Direct Personal Computer (PC)
Compatible Digital Format Output; was duly and legally issued to Personal
Computer Cameras, Inc., as assignee of the inventors, Marc K. Roberts, Matthew
A. Chikosky, and Jerry A. Speasl. A
• On or about November 21, 1995, St. Clair acquired ownership of all Personal
Computer Cameras, Inc.’s digital camera patents and technology, including the ·
‘459 patent, by assignment. i r
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• On July 25, 2000, United States Letters Patent No. 6,094,219 ("‘219 patent")
entitled "Electronic Still Video Camera With Direct Personal Computer (PC)
Compatible Digital Format Outputlllwas duly and legally issued to St. Clair as
assignee of the inventors, Marc K. Roberts, Matthew A. Chikosky, and Jerry A.
Speasl.
• On May 15, 2001, United States Letters Patent No. 6,233,010 ("‘010 patent")
entitled "Electronic Still Video Camera With Direct Personal Computer (PC)
Compatible Digital Format Output" was duly and legally issued to St. Clair as
assignee of the inventors, Marc K. Roberts, Matthew A. Chikosky, and Jerry A.
Speasl. 1
• On November 27, 2001,iUnited States Letters Patent No. 6,323,899 ("‘899
patent") entitled "Process For Usepln Electronic Carnera" was duly and legally
issued to St. Clair as assignee of the inventors, Marc K. Roberts, Matthew A.
Chikosky and Jerry A. Speasl.
• St. Clair has been and is still the owner of the ‘459, ‘219, ‘010 and ‘899 patents,
(collectively the "patents—in-suit").
• Defendant has made, offered to sell, imported, used and/or sold in this judicial
district and elsewhere in the United States, digital cameras that directly,
contributorily, or by inducement infringe one or more of the claims of the patents-
in—suit.
• Defendant has had, for some time, actual knowledge of the patents-in—suit and has
willfully, deliberately, and intentionally infringed the claims of said patents.
• The infringement by Defendant of the patents-in—suit has injured St. Clair in an
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Case 1:06-cv-00403-JJF Document 11 Filed 10/17/2006 Page 4 of 4
amount to be determined at trial.
III. RECIPROCITY
The United States District Court for the District of Delaware is willing to provide
similar assistance to the judicial authorities of Taiwan.
IV. REIMBURSEMENT FOR COSTS
The Plaintiff’s counsel andfor the Plaintiff are willing to reimburse the judicial
authorities of Taiwan for costs incurred in executing the United States District Court for
the District of Delaware’s letter rogatory. This cost should not exceed $500. Please
contact the United States District Court for the District of Delaware before this amount is
exceeded.
In acknowledgement of the additional time which is needed to prepare and tile an
Answer to the attached documents, the time period for answering is extended to 45 days
after service.
rx .
Date: @_C-‘{*5k'4“"· I 7 ?.r·i*t`*Q A- ¢°¢~*·L ` Qu ¤·‘~e——» \
[SEAL OF COURT] ( · e onor e eph J. Farnan, Jr? ·
W, istrict Court, District of De aware
V i . Caleb Boggs Federal Building
844 N. King Street
Room 4124
Lockbox 27
Wilmington, DE 19801
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