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10000024295

10000024295

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Published by Chapter 11 Dockets

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Published by: Chapter 11 Dockets on Nov 17, 2012
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{30868\9\DT171591.DOC;1}
 
UNITED STATES BANKRUPTCY COURTEASTERN DISTRICT OF MICHIGANSOUTHERN DIVISION
—————————————————————xIn re: : Chapter 11:
COLLINS & AIKMAN CORPORATION
,
et al.
, : Case No. 05-55927 (SWR):Debtors. : (Jointly Administered):: Honorable Steven W. Rhodes__________________________________________x:
WILHELM KARMANN GMBH
: ADVERSARY: PROCEEDING NO.:Plaintiff, :v. ::
DURA CONVERTIBLE SYSTEMS, INC.
::Defendant. ::—————————————————————x
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, WILHELM KARMANN GMBH, for its Complaint against Defendant, DURACONVERTIBLE SYSTEMS, INC., states as follows:1. This adversary proceeding is one arising in the debtor’s case no. 05-55927 underChapter 11 of Title 11 of the United States Code, now pending in this Court. The Court has jurisdiction over this adversary proceeding pursuant to 28 USC §§ 157 and 1334. This is a non-core proceeding as defined in 28 USC § 157(c).
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0555927060113000000000018
 
{30868\9\DT171591.DOC;1}
2
THE PARTIES
2. Plaintiff, WILHELM KARMANN GMBH (“Karmann”) is a corporationorganized under the laws of Germany and is principally located in Germany and conductsbusiness worldwide.3. Defendant, DURA CONVERTIBLE SYSTEMS, INC. (“Dura”), is a Michigancorporation located and conducting business in Michigan and is the Debtor in this case.
JURISDICTION
4. This is a civil action for patent infringement, arising under the Patent Laws of theUnited States, United States Code, 35 U.S.C. § 1,
et seq
.5. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.6. Venue is proper in this District under 28 U.S.C. § 1391, as Dura is located in this judicial district.
FACTUAL ALLEGATIONS
7. Karmann is the owner of United States Patent No. 5,207,474 entitled “FoldingTop for a Passenger Car with Folding Roof” (the ‘474 patent), which was duly and legally issuedby the United States Patent and Trademark Office on May 4, 1993. A copy of the ‘474 patent isattached as Exhibit 1.8. Defendant manufactures a folding top for a motor vehicle comprising a foldablelinkage in which the foldable linkage means comprises a pair of linkage sub-assemblies, each of said linkage sub-assemblies comprising an even number of link arms and pivot meansconnecting said link arms to one another.
 
{30868\9\DT171591.DOC;1}
39. The folding tops comprising a linkage with a pair of linkage sub-assemblies, eachcomprising an even number of link arms and pivot means connecting the link arms, are sold byDefendant to the Ford Motor Company for use on the model year 2005 Ford Mustang.10. Defendant has had actual and constructive notice of the ‘474 patent prior tooffering for sale or selling the patented folding tops.11. Defendant willfully manufactures, uses, offers to sell and sells folding tops thatinfringe Claim 2 of the ‘474 patent.
COUNT I – PATENT INFRINGEMENT
12. Dura has infringed directly, contributory, and by inducement by making, using,selling and/or offering for sale in the United States a folding top device that incorporates theinvention of Claim 2 of the ‘474 patent.13. Dura has sold and continues to sell one or more folding top devices whichinfringe upon Claim 2 of the ‘474 patent.14. The infringement by Dura was and is willful and deliberate.15. Karmann has been damaged by the infringing acts of Dura and will continue to beso damaged unless Dura is enjoined from such further unlawful acts and infringement by thisCourt.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, WILHELM KARMANN GMBH, respectfully requests thisCourt enter Judgment against Defendant, DURA CONVERTIBLE SYSTEMS, INC., as follows:A. For an Order preliminarily, and at the time of final judgment permanently,restraining Defendant, its agents, servants and employees, and all persons in active concert orparticipation with Defendant from (1) continuing to infringe Claim 2 of United States Patent No.

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