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Kloster v. Petzl America et. al.

Kloster v. Petzl America et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:12-cv-01088-DGK: Kloster v. Petzl America, Inc. et. al. Filed in U.S. District Court for the Western District of Missouri, the Hon. Greg Kays presiding. See http://news.priorsmart.com/-l6A8 for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:12-cv-01088-DGK: Kloster v. Petzl America, Inc. et. al. Filed in U.S. District Court for the Western District of Missouri, the Hon. Greg Kays presiding. See http://news.priorsmart.com/-l6A8 for more info.

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Published by: PriorSmart on Aug 21, 2012
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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MISSOURIWESTERN DIVISION
DANIEL R. KLOSTER, )an individual, ))Plaintiff, ) Case No.)v. ))PETZL AMERICA, INC., ) JURY TRIAL DEMANDEDa Utah corporation, ))and ))PETZL INTERNATIONAL SAS, )a France limited liability company, ))Defendants. )
COMPLAINT
Plaintiff, Daniel R. Kloster (“Kloster” or “Plaintiff”), for its Complaint againstdefendants, Petzl America, Inc. and Petzl International SAS (collectively “Petzl” or“Defendants”) states and alleges as follows:
THE PARTIES
1.Daniel R. Kloster is an individual having a primary residence at 4021Brookridge Drive, Fairway, Kansas 66205.2.Upon information and belief, defendant Petzl America, Inc. is a Utahcorporation having its principal place of business at Building M7, Freeport Center,Clearfield, Utah 84016. Petzl can be served with process by serving its registered agent,Cass C. Butler, 10 East South Temple, Suite 900, Salt Lake City, Utah 84133.
 
3.Upon information and belief, defendant Petzl International SAS is aFrench entity having its principal place of business at 132 rue du pré blanc, Cedex 105A -ZI Crolles, 38920 Crolles – France. The President of Petzl International SAS is Mr. paulPetzl.4.Upon information and belief, Defendants sell and distribute, among otherthings, a carabiner marketed as the “Freino” carabiner.
JURISDICTION AND VENUE
5.This is an action for patent infringement under the patent laws of theUnited States, Title 35 of the U.S. Code. This Court has jurisdiction of the patent claimsunder at least 28 U.S.C. §§ 1331 and 1338(a).6.This Court has jurisdiction over Defendants by virtue of the fact that, uponinformation and belief, Defendants regularly and continuously transact business in this judicial district.7.Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and (c)and 1400(b).
COUNT I – PATENT INFRINGEMENT
1.Kloster incorporates the preceding paragraphs as if set forth in full herein.2.Kloster is the owner of all right, title and interest in and to United StatesPatent No. 5,940,943 (the “‘943 patent”) which duly and legally issued and is in full forceand effect. A true and correct copy of the ‘943 patent is attached hereto as Exhibit A andis hereby incorporated by reference.3.Upon investigation, the Defendants have made, used, sold and/or offeredto sell carabiners that infringe one or more claims of the ‘943 patent and/or have activelyinduced infringement of the ‘943 patent, and thus, have infringed the ‘943 patent under
 
35 U.S.C. § 271. More particularly, Defendants displayed and sold or offered to sell saidcarabiners on multiple pages of their website, including athttp://www.petzl.com/en/pro/special-aluminum-carabiners/freino. The infringingproducts include those identified by Defendants as the “Freino” carabiner that Defendantshave made, used, sold and/or offered to sell in this judicial district and elsewhere ininterstate commerce, including via the Internet from the website located athttp://www.petzl.com. A true and correct copy of marketing materials available forviewing on Defendants’ website are attached hereto as Exhibit B and are herebyincorporated by reference. True and correct copies of photographs of the infringingproducts from Defendant’s website are attached hereto as Exhibit C and are herebyincorporated by reference.4.On information and belief Defendants have had actual knowledge of the‘943 patent prior to the making, using, selling and/or offers for sale of the infringingproducts.5.On information and belief Kloster made a disclosure to PMI-PetzlDistribution, Inc. (former owner of Petzl America, Inc.) (“PMI-Petzel”) in the later partof 1998 and said disclosure was confidential in nature and believed by Kloster to benecessary in order for Defendants to examine the commercial potentiality of his newcarabiner. During their communications, Kloster sent a nondisclosure agreement to PMI-Petzel, which is attached hereto as Exhibit D (the “Nondisclosure Agreement”). WhilePMI-Petzel did not provide Kloster with an executed copy of the NondisclosureAgreement, the parties proceeded in their discussions under an implied nondisclosureagreement.

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