On September 28, 2021, EMA Electromechanics, Inc. f/k/a EMA Electromechanics, LLC, (“Plaintiff”), represented by James G. Ruiz of Winstead PC, filed an intellectual property lawsuit against J Siemens Corporation and Siemens Industry, Inc (“Defendants”), seeking injunctive relief, damages, costs, expenses, and prejudgment and post-judgment interest and other relief for alleged infringement of the United States Patent owned by the plaintiff. This case was filed in the United States District Court in the Western District of Texas.
This is an action for alleged Patent infringement by the defendants of the United States Patent No. 7,724,489, entitled “Circuit Breaker with High Speed Mechanically-Interlocked Grounding Switch” (“the ’489 Patent”) (“the Patent-in-suit”).
In the complaint, the plaintiff alleged that, “Siemens Corporation and Siemens Industry, Inc. directly and/or through intermediaries, made, has made, used, imported into the United States, provided, supplied, distributed, sold, and/or offered for sale the SDV-A-ARTM and SDV-RTM products that infringe one or more claims of the ’489 Patent, including at least claims 1-20, within this District and elsewhere in the United States.”
The plaintiff also alleged that, “The Siemens’ SDV-RTM and SDV-A-ARTM products are designed for use in the wind and solar power generation applications and use without EMA’s permission the patented technologies disclosed and claimed in the ’489 Patent. Siemens has been aware of EMA’s ’489 Patent since at least September of 2020, when it began marketing the infringing products, but nonetheless proceeded to market and sell their competing products to EMA’s customers and others in the wind and solar power generation market.”
Further, the plaintiff alleged that, “Siemens Corporation and Siemens Industry, Inc. has infringed and continued to infringe the ’489 Patent by making, selling, offering for sale, and using products and/or services covered by the claims of the ’489 Patent within the United States, without EMA’s authorization in violation of 35 U.S.C. § 271(a). And that “Siemens Corporation and Siemens Industry, Inc. had actual knowledge of the ’489 Patent, and despite notice, has continued to engage in acts of infringement of the ’489 Patent. Siemens Corporation and Siemens Industry, Inc.’s continued acts of infringement have been, and will continue to be, wanton and willful.”
There is one claim for relief laid down by the plaintiff for the infringement of the Patent-in-suit.
In the prayer for relief, the plaintiff has requested the court to pass an order for an award of preliminary and permanent injunctive relief along with compensatory damages for past infringement in an amount no less than its actual damages, including lost profits and that said damages be trebled in view of the willful and deliberate nature of the infringement, together with pre-judgment and post-judgment interest including damages. Further, the plaintiff requested the court for an award of attorneys’ fees and costs pursuant to 35 U.S.C. § 285 and further relief as the court may deem just and proper.
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Pending - Other Pending
EMA Electromechanics, Inc.
Siemens Industry, Inc.
James G. Ruiz
Attorney at Winstead PC
401 Congress Avenue, Suite 2100
Austin, TX 78701
Civil Cover Sheet
(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15275417). No Summons requested at this time, filed by EMA Electromechanics, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Ruiz, James) (Entered: 09/28/2021)
Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15275417). No Summons requested at this time, filed by EMA Electromechanics, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Ruiz, James) (Entered: 09/28/2021)Read MoreRead Less
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