Lightstream v. Atomic Products

Published on February 2017 | Categories: Documents | Downloads: 43 | Comments: 0 | Views: 161
of 4
Download PDF   Embed   Report

Comments

Content

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT - 1

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN LIGHTSTREAM, INC., Plaintiff, v. ATOMIC PRODUCTS, LLC. d/b/a VISIGLO, Defendant. Plaintiff Lightstream, Inc. complains of Defendant as follows: NATURE OF LAWSUIT 1. This is a claim for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. THE PARTIES 2. engaged Plaintiff LIGHTSTREAM, INC. is a Washington State corporation in the development, sale, and licensing of mountable Cause No. 13-cv-0050 COMPLAINT FOR PATENT INFRINGEMENT JURY TRIAL DEMANDED

electroluminescent welt technology. Plaintiff is the assignee of record of duly issued U.S. Patents 7,753,542 (“the ‘542 Patent”) and D457,299 (“The ‘299 Patent”) (collectively the “Lightstream Patents”) attached as Exhibit A.
MANN LAW GROUP 1289 Third Avenue, Suite 1809 Seattle, WA 98101 TELEPHONE: 206.436-0900

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3.

On information and belief, Defendant Atomic Products, LLC.

(d/b/a VISIGLO), is a Connecticut limited liability company having a principal place of business at 480 Barnum Avenue, Suite 6, Bridgeport, CT 06608 and an Internet web presence at www.visiglo.com. JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the patent laws of the United States of America, Title 35 U.S.C. Accordingly, this Court has jurisdiction over the subject matter of the Complaint under 28 U.S.C. §§ 1331 and 1338(a). 5. Personal Jurisdiction over the defendants is proper in this Court. Venue in this judicial district is proper under 28 U.S.C. §§ 1391(b), (c) and/or 1400(b) in that a substantial part of the events giving rise to the patent infringement claims herein have taken place and may still be taking place in this judicial district. DEFENDANTS’ ACTS OF PATENT INFRINGEMENT 6. 7. Lightstream restates and incorporates by reference paragraphs 1 Defendant VISIGLO has been and is infringing the Lightstream through 5 above as if fully re-stated herein. Patents by making, using, offering for sale, selling and/or importing dog collars that include mountable electroluminescent welts constructed in accordance with the Lightstream Patents. 8. As shown in attached Exhibit B, Defendant makes, uses, imports, sells, and/or offers to sell dog collars constructed with an electroluminescent welt embedded within the dog collar.

COMPLAINT - 2

MANN LAW GROUP 1289 Third Avenue, Suite 1809 Seattle, WA 98101 TELEPHONE: 206.436-0900

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

9. 10.

Attached as Exhibit C is an illustrative claim chart generally Defendant’s infringement, contributory infringement and/or

illustrating how Defendant’s accused products infringe the Lightstream Patents. inducement to infringe have been willful and have deliberately injured and will continue to injure Lightstream unless and until the Court enters an injunction prohibiting further infringement and, specifically, enjoining further manufacture, use, importation, sale and/or offer for sale of products that fall within the scope of the Lightstream Patents. PRAYER FOR RELIEF WHEREFORE, Lightstream asks this Court to enter judgment against Defendants and against their subsidiaries, affiliates, agents, servants, employees and all persons in active concert or participation with them, granting the following relief: A. An award of damages adequate to compensate Lightstream for the infringement that has occurred, together with prejudgment interest from the date infringement of the Lightstream Patents began; B. C. Increased damages as permitted under 35 U.S.C. § 284; A finding that this case is exceptional and an award to Lightstream

of their attorneys’ fees and costs as may be appropriate and as provided by 35 U.S.C. § 285; D. E. F. A permanent injunction prohibiting further infringement, inducement and contributory infringement of the Lightstream Patents; Prejudgment interest calculated from the time of the first Such other and further relief as this Court or a jury may deem occurrence of any infringing activity through and until entry of judgment; and proper and just.
COMPLAINT - 3
MANN LAW GROUP 1289 Third Avenue, Suite 1809 Seattle, WA 98101 TELEPHONE: 206.436-0900

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COMPLAINT - 4

JURY DEMAND Lightstream demands a trial by jury on all issues presented in this Complaint. Dated: January 23, 2013. Respectfully submitted, /Philip P. Mann Philip P. Mann, WSBA No: 28860 MANN LAW GROUP John Whitaker, WSBA No. 28868 WHITAKER LAW GROUP 1420 Fifth Avenue, Suite 2200 Seattle, Washington 98101 Phone (206) 224-3553 Fax (206) 224-2880 [email protected] [email protected] Attorneys for Plaintiff Lightstream, Inc.

MANN LAW GROUP 1289 Third Avenue, Suite 1809 Seattle, WA 98101 TELEPHONE: 206.436-0900

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close