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Wine Master Cellars, LLLP v. Apex Wine Cellars and Saunas et. al.

Wine Master Cellars, LLLP v. Apex Wine Cellars and Saunas et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01992: Wine Master Cellars, LLLP v. Apex Wine Cellars and Saunas, Inc. et. al. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l6t3 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01992: Wine Master Cellars, LLLP v. Apex Wine Cellars and Saunas, Inc. et. al. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l6t3 for more info.

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Published by: PriorSmart on Jul 31, 2012
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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-01992WINE MASTER CELLARS, LLLP,a Colorado limited liability limited partnership,Plaintiff,v.APEX WINE CELLARS AND SAUNAS, INC.
 ,
a California corporation,COSTCO WHOLESALE CORPORATION,a Washington corporation,EPICUREANIST LLC,a California limited liability company, andVINOTEMP INTERNATIONAL CORPORATION,a California corporation,Defendants.
COMPLAINT AND JURY DEMAND
 Plaintiff Wine Master Cellars, LLLP ("Wine Master" or "Plaintiff") for itsComplaint against Defendants Apex Wine Cellars and Saunas, Inc. (“Apex”), CostcoWholesale Corporation (“Costco”), Epicureanist LLC (“Epicureanist”), and VinotempInternational Corporation ("Vinotemp") (collectively "Defendants"), alleges as follows:
I.
 
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. § 101,
et seq
.2.
 
In this action, Wine Master seeks injunctive and monetary relief for Defendants’infringement of Wine Master’s U.S. Patent No. 8,231,015 (the “’015 Patent”).
 
II.
 
THE PARTIES
3.
 
Wine Master is a limited liability limited partnership organized under the laws of the State of Colorado with its principal place of business at 10645 East 47
th
Avenue, Denver,Colorado 80239.4.
 
Upon information and belief, Apex is a California corporation with a principal place of business at 17631 South Susana Road, Rancho Dominguez, California 90221.5.
 
Upon information and belief, Costco is a Washington Corporation with a principal place of business at 999 Lake Drive, Issaquah, Washington 98027.6.
 
Upon information and belief, Epicureanist is a California limited liabilitycompany with a principal place of business at 16782 Von Karman Avenue, Suite 15, Irvine,California 92606.7.
 
Upon information and belief, Vinotemp is a California corporation with a principal place of business at 16782 Von Karman Avenue, Suite 15, Irvine, CA 92606.
III.
 
JURISDICTION AND VENUE
8.
 
The Court has original subject matter jurisdiction over the asserted claims pursuant to 28 U.S.C. §§ 1331 and 1338.9.
 
Apex is subject to personal jurisdiction in this judicial district because it operatesa web site hosted at the domain<www.apexwineracks.com>soliciting sales from Internet usersin this judicial district of, among other things, wine racks that infringe the ’015 Patent. Apex hasthus committed tortious, infringing acts in this judicial district, which have damaged WineMaster in this judicial district and give rise to Wine Master’s claims against Apex.2
 
10.
 
Costco is subject to general personal jurisdiction in this judicial district because itis registered to do business in Colorado, maintains a registered agent in Colorado, and operatesnumerous retail warehouses in Colorado.11.
 
Epicureanist is subject to personal jurisdiction in this judicial district because itoperates a web site hosted at the domain<www.epicureanist.com>soliciting sales from Internetusers in this judicial district of, among other things, wine racks that infringe the ’015 Patent.Epicureanist has thus committed tortious, infringing acts in this judicial district, which havedamaged Wine Master in this judicial district and give rise to Wine Master’s claims againstEpicureanist.12.
 
Vinotemp is subject to personal jurisdiction in this judicial district because it purposefully directs its activities—which give rise to Wine Master’s claims against Vinotemp— at residents of this judicial district. More specifically, upon information and belief, Vinotempmakes, uses, sells, and/or offers for sale in the United States, and/or imports into the UnitedStates, infringing wine racks that it introduces into the stream of commerce with knowledgeand/or intent that the infringing wine racks will enter this judicial district. Upon information and belief, infringing wine racks made, used, sold, offered for sale, and/or imported by Vinotemp areused, sold, and/or offered for sale in this judicial district by Apex (including on Apex’s web site,<www.apexwineracks.com>), Costco (including on Costco’s web site,<www.costco.com>), Epicureanist (including on Epicureanist’s web site,<www.epicureanist.com>), and elsewhere.These activities have damaged Wine Master in this judicial district and give rise to WineMaster’s claims against Vinotemp.13.
 
Venue is proper within this judicial district pursuant to 28 U.S.C. §§ 1391(a) and1400(b), because Defendants are subject to personal jurisdiction in this judicial district, and at3

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