Scott E. Davis, OSB# 022883

Email: scott.davis@klarquist.com

Joseph T. Jakubek, OSB# 950326

Email: joseph.jakubek@klarquist.com

KLARQUIST SPARKMAN, LLP

121 S.W. Salmon St., Ste. 1600

Portland, Oregon 97204

Telephone: (503) 595-5300

Facsimile: (503) 595-5301

Attorneys for Plaintiff

CAPSUGEL BELGIUM NV

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

CAPSUGEL BELGIUM NV,

Plaintiff,

v.

BRIGHT PHARMA CAPS, INC.,

Defendant.

Civil Case No.: 3:15-cv-321

COMPLAINT FOR PATENT 

INFRINGEMENT

DEMAND FOR JURY TRIAL

For its Complaint against Defendant Bright Pharma Caps, Inc., Plaintiff Capsugel

Belgium NV (“Capsugel”), through its attorneys, alleges as follows:

NATURE OF THE ACTION

1. This is a civil action for infringement of two patents owned by Capsugel, United 

States Patent No. 6,887,307 (“the ’307 patent”) and United States Patent No. 7,267,718 (“the 

’718 patent”). This action arises under the Patent Laws of the United States, 35 U.S.C. § 100 

et seq.

PARTIES

2. Plaintiff Capsugel is a company with its principal place of business in Belgium.

COMPLAINT FOR PATENT INFRINGEMENT 1

Case 3:15-cv-00321-PK Document 1 Filed 02/24/15 Page 1 of 5
3. On information and belief, Defendant Bright Pharma Caps, Incorporated 

(“Bright Pharma”) is a corporation organized and existing under the laws of the State of 

Oregon, having its principal place of business at 1908 Orchard Road, Hood River, Oregon 

97031.

JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter of this action pursuant to 28 

U.S.C. § 1338(a).

5. This Court has personal jurisdiction over Bright Pharma because it is organized 

under the laws of the State of Oregon, has its principal place of business in the State of Oregon, 

and has engaged in systematic and continuous contacts with the State of Oregon. Moreover, on 

information and belief, Bright Pharma has committed acts of patent infringement at issue in 

this action in the State of Oregon.

6. Venue is proper in this District pursuant to 28 U.S.C. § 1400(b).

THE ASSERTED PATENTS

7. On May 3, 2005, the ’307 patent, titled “Pullulan Film Compositions,” was duly 

and legally issued by the United States Patent and Trademark Office. A true and correct copy 

of the ’307 patent is attached hereto as Exhibit A.

8. Capsugel is the owner by assignment of the ’307 patent and, without limitation, 

has the rights to sue and collect damages for all past, present or future infringement.

9. On September 11, 2007, the ’718 patent, titled “Pullulan Film Compositions,” 

was duly and legally issued by the United States Patent and Trademark Office. A true and 

correct copy of the ’718 patent is attached hereto as Exhibit B.

10. Capsugel is the owner by assignment of the ’718 patent and, without limitation, 

COMPLAINT FOR PATENT INFRINGEMENT 2

Case 3:15-cv-00321-PK Document 1 Filed 02/24/15 Page 2 of 5
has the rights to sue and collect damages for all past, present or future infringement.

COUNT I

11. Capsugel re-alleges the foregoing paragraphs as if fully set forth here.

12. On information and belief, Bright Pharma has infringed and is still infringing 

the ’307 patent by making, using, selling, and/or offering to sell in the United States, and/or 

importing into the United States, a film forming composition that infringes at least claim 1.

13. The infringing film forming composition includes at least Bright Pharma’s 

“Bright-Poly” capsules.

14. “Bright-Poly” capsules comprise pullulan, cations, and kappa-carrageenan.

15. Capsugel is entitled to recover damages adequate to compensate it for such 

infringement, in no event less than a reasonable royalty for the use made of the invention by 

Bright Pharma, together with interest and costs as fixed by the Court.

16. Bright Pharma’s acts of infringement of the ’307 patent have injured and will 

continue to injure Capsugel unless and until this Court enters an injunction prohibiting further 

infringement.

COUNT II

17. Capsugel re-alleges the foregoing paragraphs as if fully set forth here.

18. On information and belief, Bright Pharma has infringed and is still infringing 

the ’718 patent by making, using, selling, and/or offering to sell in the United States, and/or 

importing into the United States, a film forming composition that infringes at least claim 1.

19. The infringing film forming composition includes at least Bright Pharma’s 

“Bright-Poly” capsules.

20. “Bright-Poly” capsules comprise pullulan, sodium lauryl sulphate, and kappaCOMPLAINT FOR PATENT INFRINGEMENT 3

Case 3:15-cv-00321-PK Document 1 Filed 02/24/15 Page 3 of 5
carrageenan.

21. Capsugel is entitled to recover damages adequate to compensate it for such 

infringement, in no event less than a reasonable royalty for the use made of the invention by 

Bright Pharma, together with interest and costs as fixed by the Court.

22. Bright Pharma’s acts of infringement of the ’718 patent have injured and will 

continue to injure Capsugel unless and until this Court enters an injunction prohibiting further 

infringement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Capsugel respectfully requests this Court to enter judgment 

against Defendant Bright Pharma granting the following relief:

A. The entry of judgment in favor of Capsugel and against Defendant;

B. An award of damages against Defendant adequate to compensate Capsugel for 

the infringement, but in no event less than a reasonable royalty as permitted under 35 U.S.C. § 

284, together with prejudgment interest;

C. To the extent Defendant’s infringement is found to be willful, a judgment that 

Capsugel is entitled to discretionary enhancement of its damages and other relief as provided 

by 35 U.S.C. § 284; 

D. To the extent that this case is found to be exceptional, an award to Capsugel of 

its reasonable attorneys’ fees, costs and expenses as permitted pursuant to 35 U.S.C. § 285;

E. A permanent injunction prohibiting further infringement by Bright Pharma and 

each of its subsidiaries, successors, parents, affiliates, officers, directors, agents, servants, 

employees and all persons in active concert or participation with it; and 

F. Such other relief that Capsugel is entitled to under law and any other and further 

COMPLAINT FOR PATENT INFRINGEMENT 4

Case 3:15-cv-00321-PK Document 1 Filed 02/24/15 Page 4 of 5
relief that this Court or a jury may deem just and proper.

JURY DEMAND

Pursuant to Federal Rule of Civil Procedure 38(b), Capsugel hereby demands a jury 

trial on all issues so triable in this action. 

DATED: February 24, 2015

Respectfully submitted,

By: /s/Scott E. Davis

Scott E. Davis, OSB# 022883

Email: scott.davis@klarquist.com

Joseph T. Jakubek, OSB# 950326

Email: Joseph.jakubek@klarquist.com

KLARQUIST SPARKMAN, LLP

121 S.W. Salmon St., Ste. 1600

Portland, Oregon 97204

Telephone: (503) 595-5300

Facsimile: (503) 595-5301

Attorneys for Plaintiff

CAPSUGEL BELGIUM NV

COMPLAINT FOR PATENT INFRINGEMENT 5

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