IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION, AKRON

Similar documents
Case: 5:17-cv DCR Doc #: 1 Filed: 01/06/17 Page: 1 of 5 - Page ID#: 1

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION. Plaintiff(s), Defendant(s).

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) Judge:

Case 6:18-cv ADA Document 26 Filed 01/11/19 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

Case 3:16-cv MEJ Document 1 Filed 06/16/16 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:13-cv M Document 60 Filed 12/19/14 Page 1 of 20 PageID 1778

Case 1:07-cv MRB Document 6 Filed 11/06/2007 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Case 1:10-cv UNA Document 6 Filed 08/16/10 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

Case 1:14-cv REB Document 1 Filed 07/03/14 Page 1 of 7

Case: 1:10-cv Document #: 20 Filed: 04/11/11 Page 1 of 26 PageID #:217

Case 2:07-cv RCJ-GWF Document 1 Filed 12/26/2007 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Case 2:11-cv ECR -PAL Document 1 Filed 02/25/11 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Case No. COMPLAINT FOR DECARATORY RELIEF

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ) ) ) ) ) ) ) ) ) )

Courthouse News Service

Case 1:14-cv JPO Document 2 Filed 03/04/14 Page 1 of 14. Civil Action No. COMPLAINT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDITY

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA COMPLAINT FOR DECLARATORY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

Case 4:15-cv Document 1 Filed 03/30/15 Page 1 of 5 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 1:14-cv Document 1 Filed 02/18/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:18-cv Document 1 Filed 05/31/18 Page 1 of 10 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

and to Mag1strat~"MM~~~~~~:;...-

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI KANSAS CITY DIVISION ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DECLARATORY JUDGMENT

Case 1:16-cv CMH-TCB Document 25 Filed 11/12/15 Page 1 of 9 PageID# 159

Case 1:15-cv KMM Document 1 Entered on FLSD Docket 02/20/2015 Page 1 of 9

Case 1:06-cv DFH-TAB Document 11 Filed 05/24/06 Page 1 of 8 PageID #: 24

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. For its answer to the Complaint, Defendants James Allen Diamonds, Inc.

Case 1:18-cv LY Document 1 Filed 03/20/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:17-cv Document 1 Filed 10/05/17 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case: 5:09-cv DDD Doc #: 1 Filed: 06/04/09 1 of 5. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 1:17-cv Document 1 Filed 03/10/17 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION COMPLAINT FOR DECLARATORY JUDGMENT

Case 2:11-cv WHW -MCA Document 7 Filed 09/12/11 Page 1 of 17 PageID: 57

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Civil Action No: HON. COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DAMAGES

2:15-cv LJM-MJH Doc # 1 Filed 01/14/15 Pg 1 of 6 Pg ID 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case: 1:11-cv DAP Doc #: 1 Filed: 01/19/11 1 of 9. PageID #: 1

Case 1:16-cv Document 1 Filed 03/04/16 Page 1 of 6 PageID #: 1

Case: 1:17-cv Doc #: 1 Filed: 11/15/17 1 of 12. PageID #: 1

Case 1:07-cv GEL Document 1 Filed 07/05/2007 Page 1 of 6

Case 1:16-cv UNA Document 1 Filed 04/19/16 Page 1 of 6 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA JOHN JOSEPH BENGIS, an individual,

Case 1:14-cv Document 1 Filed 04/14/14 Page 1 of 7

Case: 5:09-cv SL Doc #: 1 Filed: 07/14/09 1 of 5. PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) IQ BIOMETRIX S COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. : : : : : : : : : : x

Case 1:11-cv RGA Document 10 Filed 01/13/12 Page 1 of 14 PageID #: 47

Case: 1:16-cv Document #: 1 Filed: 03/09/16 Page 1 of 13 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION COMPLAINT FOR DECLARATORY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

PlainSite. Legal Document. California Southern District Court Case No. 3:16-cv Suja Life, LLC v. Pines International, Inc.

Case 2:14-cv JRG-RSP Document 9 Filed 08/08/14 Page 1 of 5 PageID #: 227

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA. Plaintiff, for its complaint, by and through its attorney, alleges that:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PLAINTIFF S ORIGINAL COMPLAINT

Case 3:17-cv Document 1 Filed 12/18/17 Page 1 of 8

Case 1:18-cv YK Document 1 Filed 06/07/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) Civil Action No.

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

Case 2:13-cv JRG-RSP Document 12 Filed 07/10/13 Page 1 of 8 PageID #: 104

Case 2:16-cv JRG-RSP Document 1 Filed 10/19/16 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

Case 1:11-cv LPS Document 14 Filed 01/30/12 Page 1 of 7 PageID #: 59 UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

Case 1:17-cv WJM Document 1 Filed 06/08/17 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case: 1:16-cv Document #: 1 Filed: 11/15/16 Page 1 of 8 PageID #:1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 2:15-cv Document 1 Filed 06/19/15 Page 1 of 5 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

Case 1:11-cv REB Document 1 Filed 12/15/11 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. v. CIVIL ACTION NO. 4:16-cv-438 THE HANOVER INSURANCE COMPANY

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

Case 1:15-cv CW Document 2 Filed 01/16/15 Page 1 of 5

Case 1:14-cv UNA Document 1 Filed 06/06/14 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 8:18-cv Document 1 Filed 11/07/18 Page 1 of 5 Page ID #:1

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:15-cv-590 ) ) ) ) ) ) ) ) ) )

Case 1:17-cv LY Document 1 Filed 03/17/17 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

Attorneys for Plaintiff Kirker Enterprises, Inc. Document Filed Electronically UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Case5:14-cv PSG Document1 Filed10/10/14 Page1 of 10. Attorneys for Plaintiff ENPHASE ENERGY, INC. UNITED STATES DISTRICT COURT

USDC IN/ND case 2:16-cv JVB-JEM document 62 filed 04/05/18 page 1 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

Transcription:

- - 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION, AKRON Pain Management Technologies, Inc., ) 0 Home Ave., Bldg. A ) Case No. Akron, Ohio 0, ) ) Judge Plaintiff, ) ) Magistrate v. ) ) Aspen Medical Products, Inc., ) COMPLAINT FOR Oak Canyon ) DECLARATORY JUDGMENT OF Irvine, California, ) NONINFRINGEMENT AND ) AND INVALIDITY OF PATENT Defendant. ) ) (Jury Demand Endorsed Hereon) ) NOW COMES the Plaintiff, Pain Management Technologies, Inc., and for its Complaint against the Defendant hereby alleges and avers the following: THE PARTIES. The Plaintiff, Pain Management Technologies, Inc., is a corporation organized under the laws of Ohio, and has its principal place of business in Akron, Ohio, which is in Summit County.. The Defendant, Aspen Medical Products, Inc., is a California corporation with its principal place of business located in Irvine, California.. The Defendant purports to be the assignee and owner of United States Design Patent No. D, (hereinafter referred to as the patent ). Plaintiff s Complaint -

- - JURISDICTION AND VENUE 0. There is an actual justiciable case or controversy pursuant to U.S.C. regarding the validity and infringement of the patent. A judicial declaration that the claims of the patent are invalid and that the Plaintiff has not infringed any valid claim of the patent is necessary and appropriate at this time so that the Plaintiff may ascertain its rights and duties with respect to the patent.. This Court has subject matter jurisdiction over this Complaint under U.S.C.,, and as a declaratory judgment action arising under the patent laws, Title of the United States Code.. In addition or in alternative to this Court s federal question jurisdiction, this Court also has subject matter jurisdiction pursuant to diversity of citizenship principles as this case involves parties from different states and the amount in controversy exceeds $,000.. This Court has personal jurisdiction over the Defendant by virtue of the Defendant s conduct within the State of Ohio, within this judicial district. The Defendant has issued a cease and desist letter to the Plaintiff at its offices in Akron, Ohio, within this judicial district, which invokes personal jurisdiction in the Northern District of Ohio.. Venue is proper in the Northern District of Ohio pursuant to U.S.C. and 00. FACTUAL ALLEGATIONS. The Defendant sent the Plaintiff a cease and desist letter dated October 0,. (See a true and accurate copy of the cease and desist letter attached hereto as Exhibit. ) Plaintiff s Complaint -

- - 0 0. In their letter, the Defendant alleges that the Plaintiff has infringed the patent. (A copy of the patent was included within the cease and desist letter, attached within Exhibit. ). The Defendant alleges that the Plaintiff s Stringback belt product infringes upon the patent.. In actuality, the Plaintiff s product does not infringe the patent. (See a thorough design patent noninfringement chart analysis attached hereto as Exhibit, which compares the allegedly infringing product to the patent. The attached noninfringement chart is for illustrative purposes only, and the Plaintiff reserves its rights to alter, amend, or modify its claims positions pursuant to the local patent rules.). The Plaintiff has had its product reviewed by patent counsel and at times relevant received an advice of counsel opinion of noninfringement. Thus, if Plaintiff s product were found to be infringing, any infringement was not willful.. Further, Plaintiff s sales of its allegedly infringing product have been insignificant.. Given that the Defendant s cease and desist letter has alleged infringement and threatened litigation, the Plaintiff files this action to ascertain its rights with respect to noninfringement and invalidity of the patent. CLAIM NO. (Declaratory Judgment of Noninfringement). The Plaintiff hereby incorporates by reference each statement, whether written above or below, as if each is fully re-written herein. Plaintiff s Complaint -

- - 0. This claim arises under the Declaratory Judgment Act, USC et seq., and the patent laws of the United States, USC et seq. and seeks a declaratory judgment that Plaintiff has not and does not infringe any valid and enforceable claims of the patent.. The Defendant purports to be the assignee and owner of the patent. (Ex..). The Defendant has issued a cease and desist letter alleging infringement of the claims of the patent.. The Plaintiff does not make, use, offer to sell or sell, within the United States, or import into the United States, any product that infringes any valid and enforceable claim of the patent, either directly, indirectly, contributorily, or otherwise, and has not induced others to infringe any valid and enforceable claim of the patent. (Ex..). A judicial declaration is necessary under the circumstances to resolve this controversy.. The Plaintiff requests a declaratory judgment that it does not make, use, offer to sell or sell, within the United States, or import into the United States, any product that infringes any valid and enforceable claim of the patent, either directly, indirectly, contributorily, or otherwise, and has not induced others to infringe any valid and enforceable claim of the patent. CLAIM NO. (Declaratory Judgment of Invalidity). The Plaintiff hereby incorporates by reference each statement, whether written above or below, as if each is fully re-written herein.. This claim arises under the Declaratory Judgment Act, USC et seq., and the patent laws of the United States, USC et seq. and seeks a declaratory judgment that the patent is invalid and/or unenforceable. Plaintiff s Complaint -

- - 0. The Defendant purports to be the assignee and owner of the patent. (Ex..). The Defendant has issued a cease and desist letter alleging infringement of the claims of the patent.. The claims of the patent are and have been invalid and void on the grounds that the purported invention, attempted to be patented therein, fails to meet the conditions of patentability specified in Title of the United States Code, including, but not limited to, the conditions specified in USC 0, 0, 0,, and/or 0 of the Code.. A judicial declaration is necessary under the circumstances to resolve this controversy. The Plaintiff is entitled to a declaratory judgment that each of the claims of the patent are invalid. PRAYER FOR RELIEF / REQUEST FOR REMEDIES WHEREFORE, the Plaintiff prays that this Court to enter an Order in favor of the Plaintiff and against the Defendant, including, but not limited to: A) A declaratory judgment that none of the Plaintiff s products infringe or have infringed, either directly or indirectly, or contributorily, any valid claim of the patent; B) A declaratory judgment that the claims of the patent are invalid; C) A declaration that this case is exceptional under USC and award the Plaintiff its attorney s fees, costs, and expenses incurred in this action; and, D) Any further relief in law or equity that this honorable Court deems just and appropriate. JURY DEMAND WHEREFORE, the Plaintiff requests a trial by jury on all issues so triable by the maximum number of jurors permitted by law. Plaintiff s Complaint -

- - 0 Most Respectfully Submitted, /s/ David A. Welling DAVID A. WELLING (00) C. VINCENT CHOKEN (0000) Choken Welling LLP 0 W. Market Street Akron, Ohio Tel. (0) Fax (0) davidw@choken-welling.com vincec@choken-welling.com Counsel for the Plaintiff Plaintiff s Complaint -