Complaint

Case 1:05-cv-00737-JJF Document 1 Filed 10/21/2005 Page 1 of 5 IN THE UNIT`ED STATES DISTRXCT COURT FOR THE DISTRICT OF DELAWARE THE now CHEMICAL COMPANY, § § Piaimiff, § § C.A. NO. v. § § NOVA CHEMICALS CoRPoRATIoN, § _ ana No\/A CHEMICALS INC., § DEMAND FOR JURY TRIAL § Defendants. § COMPLAINT FOR PATENT INFR]NGEMENT Plaintiff 'l"lie Dow Chern'ical Company (“Dow”), by its undersigned counsel, brings this action for patent infringement against defendants NOVA Chemicals Corporation and NOVA Chernicais Inc. (collectively, “defendants”) and alleges as follows: PARTIBS l. Dow is a corporation organized under the laws of Delaware With a principal place of business at 2030 DoW Center, Midland, Michigan 48674. 2. On information and beliefj NOVA Chemicals Cor_poration is a corporation organized under the laws of Canada With a principal place of business at 1000 Seventh Avenue S.W., Calgary, Alberta TZP 5C6, Canada. 3. Shares of NOVA Che'rnicais Corporation are traded on the New Yorl< Stock Exchange under the Stoc-k ticker symbol NCX. 4. NOVA Cliernicals Corporation manufactures chemicals, including polyethylene and other products Case 1:05-cv-00737-JJF Document 1 Filed 10/21/2005 Page 2 015 5. On information and belief, NOVA Chemicals Corporation either directly or indirectly imports into, sells, and/or offers for sale its products in Delaware and elsewhere in the United States. 6. On information and belief, NOVA Chernicals lnc. is a corporation organized under the laws of Delaware with a principal place of business at Westpointe Center, 1550 Caraopolis Heights Road, i\/Ioon Township, Pennsylvania 15108. 7. On information and belief, NOVA Chernicais Inc. is a subsidiary of Nova Chernicais Corporation. 8. On information and belief, NOVA Chernicals `inc. manufactures chemicals that are sold and offered for sale in Delaware and elsewhere in the United States. 9. Coliectively, defendants have United States manufacturing sites in the following United States locations: Bayport, 'i`e'xas; i\/[onaca, Pennsytvariia; Beipre, Ohio', Chesapeake, Virginia; Decatnr, Alabama; Painesville, Ohio; hidian Orehard, Massachnsetts; and Channelview, Texas. 10. NOVA Chernicais lnc_ is authorized to do business, is doing business, and/or has a regular and established place of business in this judicial district, is incorporated in Delaware, and has committed acts of infringement in this District. JURISDICTION AND VBNUE ll. This patent infringement action arises under the patent laws of the Un.ited States of Arnerica, 35 U.S.C. § 101 er Seq. This Court has subject matter jurisdiction under 28 U.s.C. §§ 1331 ana 1338(3), 12. This Court has personal jurisdiction over defendants based on the above allegations Case 1:05-cv-00737-JJF Document 1 Filed 10/21/2005 Page 3 015 13. Venue is proper in this judicial district under 28 U.S.C. §§ l39l(b), (c), and (d) and 1400(‘0) based on the above allegations THE PATENTS l"N SUl'i` l4. On Decernber 8, 1998, United States Patent No. 5,847,053 (“tbe ‘053 patent”) was duly and legally issued to Dow for an invention entitled “Ethylene Poiyrner Filnn Made Frorn Ethylene Polyrner Blends”; and since that date Dow has been and still is the owner of the ‘053 patent A copy of the ‘053 patent is attached hereto as Exhibit A_ 15. On Angust 29, 2000, United States Patent No. 6,111,023 (“the ‘023 patent”) was duly and legally issued to Dow for an invention entitled “Fabricated Articles Made Froin Etliylene Polymer Blends”; and since that date Dow has been and still is the owner of the ‘023 patent A copy of the ‘023 patent is attached hereto as Exhibit B. DEFENDANTS’ iNFRlNGEl\/[ENT OF THE PATENTS IN SUIT 16. Since around the spring of 2003, defendants have been and Still are infringing the ‘053 patent and the ‘023 patent directly, contributorily, and/or by inducing others to infringe by making, selling, offering for sale, using and/or importing into the United States ethylene polymer blend products, specifically defendants’ SURPASS line of polyethylene products, that embody the patented inventions l7. Defendants will continue to infringe the ‘053 patent and the ‘023 patent unless enjoined by this court. 18. On information and belief, defendants’ infringement of the ‘053 patent and the c023 patent has been and is knowing and willful Case 1:05-cv-00737-JJF Document 1 Filed 10/21/2005 Page 4 015 WHEREFORE, Dow prays that the Court enter judgment (a) Declaring that defendants have inhinged the ‘053 patent and the ‘023 patent; (b) Declaring that defendants’ infringement of the ‘053 patent and the ‘023 patent has been willful; (c) Enjoining defendants preliminarily and pennanently, from infringing the ‘053 patent and the ‘023 patent; (d) Awarding Dow damages from defendants adequate to compensate for defendants’ infringement, including interest and costs', (e) Awarding Dow treble damages based on the willfulness of defendants’ infringement pursuant to 35 U.S.C. § 284; (f) Awarding Dow its reasonable attomeys’ fees pursuant to 35 `U.S.C. § 285; (e) Granting Dow such other and further relief as the Court deems just and proper. MORRIS, NICHOLS, ARSHT & TUNNELL namer n%eg@rr§{ smith n (#3773) 1201 N. l\/larl<et Street P.O. Box 1347 Wilmington, DE l9899~l 347 (302) 658-9200 Attorneys for Plaintif.t` The Dow Chernical Cornpany Case 1:05-cv-00737-JJF Document 1 CF COUNSEL: Harry J. Roper Steven R. Trybus loseph F. Marinelli JENNER & BLOCK LLP One IBM Plaza Chicago, IL 60611 3 12 222-93 50 October 2l, 2005 438963 Filed 10/21/2005 Page 5 015