FILED

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

2013 JUL-3 P 2= 30
CLERK U3 DISTRICT COURT ALEXANDRIA. VIRGINIA

PEARL MUSICAL INSTRUMENT

MANUFACTURING CO. LTD., also translated to English as

PEARL MUSICAL INSTRUMENT CO.

Plaintiffs,

Case No,

/'/ifl/f^

PATENT CASE

CMH/TC0

HOSHINO GAKKI CO., LTD.

JURY TRIAL DEMANDED
and

HOSHINO (U.S.A.) INC.,

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Pearl Musical Instrument Manufacturing Company Limited ("Pearl" or

"Plaintiff) files this Complaint against Hoshino Gakki Co., Ltd. and Hoshino (U.S.A.) Inc. (collectively, "Hoshino" or "Defendants") for infringement of U.S. Patent No. 6,172,291 Bl (the
'"291 Patent"). A copy of the '291 Patent is attached hereto as Exhibit A.
THE PARTIES

1.

Pearl Musical Instrument Manufacturing Company Limited is a multinational

corporation, with a principal place of business located at 10-2-1, Yachiyodai Nishi, Yachiyo
City, Chiba, Japan. "Pearl Musical Instrument Manufacturing Company Limited" is an English

translation of a Japanese business name.

On occasion, the Japanese business name has

alternatively been translated as "Pearl Musical Instrument Co."

2.

Pearl manufactures and sells drums, percussion musical instruments and flutes

for, among other markets, the United States. The majority of drums and related items are
manufactured by Pearl and imported directly from company-owned factories located overseas.

3.

Upon information and belief, Hoshino Gakki Co. Ltd. is a corporation

incorporated and existing under the laws of Japan, with a principal place of business located at
No. 22-3, Shumokucho, Higashiku, Nagoya, Japan ("Hoshino Japan"). Upon information and

belief, Hoshino Japan has a temporary principal place of business located at 6-10, 1-Chome,
Shimizu, Kita-ku, Nagoya, 462-0844, Japan. Upon information and belief, Hoshino Japan

makes, uses, sells, offers for sale and imports into the United States musical instruments,

including percussion instruments and related hardware and accessories for percussion
instruments, particularly drums.

4.

Upon information and belief, Hoshino (U.S.A.) Inc. is a corporation incorporated

and existing under the laws of Pennsylvania, with a principal place of business located at 1726
Winchester Road, Bensalem, Pennsylvania 19020 ("Hoshino USA"). Upon information and
belief, Hoshino USA makes, uses, sells, offers for sale and imports into the United States

musical instruments, including percussion instruments and related hardware for percussion
instruments, particularly drums.
JURISDICTION AND VENUE

5.

This lawsuit is a civil action for patent infringement arising under the patent laws

of the United States, 35 U.S.C. 101, et seq. This Court has subject matter jurisdiction pursuant
to 28 U.S.C. 1331,1332 and 1338(a).

6.

This Court has personal jurisdiction over Defendants because they have

committed, and continue to commit, acts of infringement in the Commonwealth of Virginia

and/or have engaged in continuous and systematic activities in the Commonwealth of Virginia, including in this District and Division. 7. On information and belief, within this District and Division, Defendants, directly

and/or through intermediaries and agents, have solicited, advertised (including through websites), offered to sell, sold and/or distributed infringing products, and/or have induced the sale and use of infringing products.

8.

Venue is proper in this District under 28 U.S.C. 1391(b)-(d) and 1400(b). On

information and belief, from and within this Judicial District, Defendants have committed acts of

infringement in this District and Division and/or are deemed to reside in this District and
Division. FACTUAL ALLEGATIONS

9.

On January 9, 2001, the United States Patent and Trademark Office issued U.S.

Patent No. 6,172,291 Bl (the '"291 Patent"), entitled "Drum Pedal System with Interchangeable Cam Elements." A true and correct copy of the '291 Patent is attached hereto at Exhibit A. The '291 Patent describes and claims a drum pedal system, a sprocket member assembly, and a drum
pedal kit. 10. Pearl is the assignee and owner of the entire right, title and interest in the '291

Patent with rights to enforce the '291 Patent and sue infringers.

11.

The '291 Patent is valid, is enforceable, and was duly and legally issued by the

United States Patent and Trademark Office in full compliance with Title 35 of the United States
Code.

12.

Defendants import, manufacture, market and/or sell drum pedals in the United

States that include interchangeable cam profiles allowing a user to change pedal performance

without removing the sprocket, including without limitation the Iron Cobra 600 Series (the "Accused Products").
COUNT I

INFRINGEMENT OF U.S. PATENT NO. 6.172.291 Bl

13. this complaint. 14.

Plaintiff incorporates by reference the allegations in paragraphs 1 through 12 of

Defendants have directly infringed and are still directly infringing the '291 Patent

by making, using, selling, offering for sale and importing the Accused Products that embody the
patented invention in violation of 35 U.S.C. 271.

15.

Defendants have indirectly infringed and are still indirectly infringing the '291

Patent, both contributorily and by inducement, by making, using, selling offering for sale and

importing the Accused Products that embody the patented invention through suppliers, wholesalers, distributors and retailers in violation of U.S.C. 271(b) and (c). The Accused Products have no substantial non-infringing uses and are for use in systems, assemblies, and kits
that infringe the '291 Patent. With knowledge of the '291 Patent, Defendants have and continue to induce others to infringe the '291 Patent without a good faith belief that the '291 Patent is not infringed and/or invalid.

16.

Defendants will continue to infringe the '291 Patent unless enjoined by this Court.

17.

Plaintiff has complied with all marking and notice requirements of 35 U.S.C.

287 by placing notice of the '291 Patent on all drum pedal systems with interchangeable cam
elements Plaintiff manufactures and sells.

18.

Defendants have infringed and are infringing the '291 Patent with knowledge at

least as early as on or about March 15, 2013, when counsel for Pearl sent a letter notifying Mr. William Reim, President of Hoshino (U.S.A.), and Mr. Toshitsugu Tanaka, President of Hoshino

Japan, that the Accused Products infringe the '291 Patent. Defendants acknowledged receipt of Plaintiffs' written notice of infringement, and counsel for the parties have exchanged additional
correspondence. 19. On information and belief, Defendants' infringement of the '291 Patent, since at

least March 15,2013, has been and continues to be willful.

20.
21.

This case is exceptional pursuant to the provisions of 35 U.S.C. 285.

Defendants' acts of infringement of the '291 Patent have caused and are

continuing to cause both irreparable harm and monetary damage to Plaintiffs.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff asks the Court to:

a.

Enter a judgment that Defendants have directly infringed, indirectly infringed,

contributorily infringed, and/or induced infringement of one or more claims of the '291 Patent;

b.

Issue a preliminary and thereafter a permanent injunction enjoining Defendants,

their subsidiaries, affiliates, parents, successors, assignees, officers, agents, servants, employees,
and all persons acting in concert or in participation with them, or any of them, from further acts

of infringement, contributory infringement, or inducement of infringement of'291 Patent;

c. Award Plaintiff all damages adequate to compensate for Defendants' direct

infringement, indirect infringement, contributory infringement and/or inducement to infringe the

'291 Patent, but in no event less than a reasonable royalty on Defendants' use of Plaintiffs

invention, including all pre-judgment and post-judgment interest at the maximum rate permitted
by law;

d.

Award treble damages pursuant to 35 U.S.C. 284 for Defendants' willful

infringement of the '291 Patent;

e.

Award Plaintiff the costs of this action, including all disbursements, and

attorneys' fees under 35 U.S.C. 285, together with prejudgment interest;

f. Grant such other and further relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL

Plaintiffdemands a trial by jury on all issues properly triable by jury in this action.
Dated July 3,2013.

Respectfully submitted,

rerry(^elark (E.D. Va. #34640)

Brian R. Iverson (pro hac vice motion to befiled)
BASS, BERRY & SIMS PLC

1201 Pennsylvania Avenue NW, Suite 300 Washington, D.C. 20004

Tel: Fax: (202)827-2951 (202) 478-0400

Email: tclark@bassberry.com biverson@bassberry. com

Counselfor Pearl Musical Instrument Manufacturing Co., Ltd., also translated to English
as Pearl Musical Instrument Co.