UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
MERSEN USA NEWBURYPORT-MA, L.L.C., Case No.:
a Delaware Limited Liability Company,
Plaintiff,
LITTELFUSE, INC.,
a Delaware corporation,
Defendant.
Magistrate Judge:
JURY TRIAL DEMANDED
INJUNCTIVE RELIEF SOUGHT
COMPLAINT FOR PATENT INFRINGEMENT
NOW COMES Plaintiff, Mersen USA Newburyport-MA, L.L.C., by and through its
attorneys, and for its Complaint against Defendant Littelfuse, Inc., states as follows:
THE PARTIES
Plaintiff Mersen USA Newburyport-MA, L.L.C. ("Mersen") is a Delaware
Limited Liability Company with a place of business in Newburyport, Massachusetts.
2. Defendant Littelfuse, Inc. ("Littelfuse") is a Delaware corporation with a place of
business in Chicago, Illinois.
JURISDICTION AND VENUE
3. This is an action for patent infringement arising under the patent laws of the
United States of America, Title 35 of the United States Code. This Court has subject matter
jurisdiction over the matters pled herein under 28 U.S.C. 1331 and 1338(a) in that this is a
civil action arising out of the patent laws of the United States of America.
4. Littelfuse regularly and deliberately engaged in and continues to engage in
activities that result in using, selling, offering for sale, and/or importing infringing products in
and/or into the State of Massachusetts and this judicial district. These activities violate the patent
rights held by Mersen as pled herein.
5. This Court has personal jurisdiction over the Defendants pursuant to MASS. GEN.
LAWS ch. 223A 3, and because, among other things, Littelfuse has transacted business in
Massachusetts and purposefully availed itself of the benefits and privileges of doing business
here.
6. Venue is proper in the District of Massachusetts pursuant to 28 U.S.C.
1391(b), (c) and (d) and 1400(b).
FACTUAL BACKGROUND
7. On May 3, 2011, U.S. Patent No. RE42,319 (the `319 patent) entitled Circuit
Protection Device was duly and legally reissued by the United States Patent Office. Mersen
owns the `319 patent by assignment. A true and correct copy of the `319 patent is attached as
Exhibit A.
Littelfuse has infringed and is still infringing the `319 patent by making, using,
offering for sale and selling circuit protection devices that embody the patented invention.
COUNT 1 PATENT INFRINGEMENT
9. Based upon the acts complained of herein, Littelfuse has directly infringed the
`319 patent by making, using, selling and offering to sell circuit protection devices in violation of
35 U.S.C. 271(a).
10. As a result of Littelfuse's acts, Mersen is entitled to at least a reasonable royalty
under 35 U.S.C. 284, adequate to compensate it for the infringing products already sold.
11. As a result of Littelfuse's acts, Mersen is entitled to temporary and permanent
injunctive relief under 35 U.S.C. 283, to ensure that Littelfuse ceases making, using, selling
and offering to sell infringing products.
12. Upon information and belief, Littelfuse had and has actual knowledge of the `319
patent, and elected to act in intentional disregard for Mersen's patent rights by making, using,
selling and offering for sale infringing products, rendering Littelfuse's infringement willful, and
entitling Mersen to recover treble damages and attorneys' fees pursuant to 35 U.S.C. 284 and
285.
RELIEF REQUESTED
WHEREFORE Plaintiff Mersen USA Newburyport-MA, L.L.C. requests a judgment in
its favor and against Defendant Littelfuse, Inc., and requests that this Court:
A. Order, adjudge and decree that Defendant Littelfuse, Inc. has infringed the `319
patent;
B. Issue a preliminary and permanent injunction prohibiting Littelfuse, Inc. and all of
its representatives, agents, servants, employees, related companies, successors and assigns, and
all others in privity or acting in concert with any of them, from infringing any claim of any of the
`319 patent including, but not limited to, further infringements by making, using, selling,
offering to sell, importing and/or directing the manufacture of circuit protection devices that
infringe any claim of the `319 patent;
C. Award damages for infringement of the `319 patent;
D. Declare this case as exceptional within the meaning of 35 U.S.C. 285 and award
Mersen its attorneys' fees, costs, and expenses that it incurs in prosecuting this action; and
E. Provide any further relief as this Court may deem equitable and proper.
3
JURY DEMAND
Plaintiff demands a trial by jury of all issues triable to a jury.
Respectfully submitted,
A
artin F. Gaynor (BBO #: 564384)
Lawrence K. DeMeo (BBO # 658867)
MANION GAYNOR & MANNING LLP
21 Custom House Street
Boston, MA 02210
(617) 670-8800
(617) 670-8801 (fax)
mgaynor@mgmlaw.com
ldemeo@mgmlaw.com
Thomas E. Bejin (Mich. P56854)
BEJIN, VANOPHEM & BIENEMAN PLC
300 River Place, Suite 1650
Detroit, MI 48207
Ph: (313) 528-4882
Fax: (313) 528-6923
Email: bejin@bvbip.com
Attorney for the Plaintiff Mersen USA
Newburyport-MA, LLC
Dated: July 11, 2014