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Smith et. al. v. Guardian Fall Protection et. al.

Smith et. al. v. Guardian Fall Protection et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 5:13-cv-00105-GAF: Smith et. al. v. Guardian Fall Protection, Inc. et. al. Filed in U.S. District Court for the Western District of Missouri, the Hon. Gary A. Fenner presiding. See http://news.priorsmart.com/-l7Bk for more info.
Official Complaint for Patent Infringement in Civil Action No. 5:13-cv-00105-GAF: Smith et. al. v. Guardian Fall Protection, Inc. et. al. Filed in U.S. District Court for the Western District of Missouri, the Hon. Gary A. Fenner presiding. See http://news.priorsmart.com/-l7Bk for more info.

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Published by: PriorSmart on Feb 07, 2013
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02/07/2013

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1
IN THE UNITED STATES DISTRICT COURTWESTERN DISTRICT OF MISSOURIKANSAS CITY DIVISIONBRENT E. SMITH and AES RAPTOR, LLC ))Plaintiffs, ))v. ) Case No. _____________)GUARDIAN FALL PROTECTION
 ,
INC. and )GUARDIAN FALL PROTECTION )RENTALS, LLC, ))Defendants. )COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Brent E. Smith (“Smith”) and AES Raptor, LLC (“AES”)(collectively,“Plaintiffs”), through their undersigned attorneys, file this Complaint against DefendantGuardian Fall Protection, Inc. (“Guardian”) and Guardian Fall Protection Rentals, LLC(“Guardian Rentals”) (collectively, “Defendants”), and state and allege as follows:
Parties
1.
 
Smith is a natural person residing in Weston, Missouri.2.
 
AES is a for-profit limited liability company formed under the laws of the State of Missouri with a principal place of business at 1349 Taney, North Kansas City, MO 64116. AESdesigns and manufactures fall protection products for use by commercial roofers and sheet metalworkers. These products include the AES Raptor Stinger™ and the AES Raptor TriRex™. Thesole member of AES is Smith.3.
 
Guardian is a for-profit corporation formed under the laws of the State of Washington with a principal place of business at 26609 79
th
Avenue S, Kent, WA 98032. Guardiancan be served through its President and registered agent, Clifford P. Woodyard, at 26513 79
th
 
 
2Avenue S, Kent, WA 98032. Guardian manufactures and sells products and equipment, includingsafety equipment, used by professional roofing contractors.4.
 
Guardian Rentals is a for-profit limited liability company formed under the laws of the State of Washington with a principal place of business at 26609 79
th
Avenue S, Kent, WA98032. Guardian Rentals can be served through its President and registered agent, SEL, Inc., at1420 Fifth Avenue Ste. 3000, Seattle, WA 98101. Guardian rents products and equipment,including safety equipment, used by professional roofing contractors.5.
 
On information and belief, Guardian Rentals is an affiliate of Guardian, sharingcommon ownership and control. On information and belief, Guardian Rentals and Guardianworked in close concert in engaging in the activities allegedly herein, and are jointly and severallyliable for all damages occasioned by such activities.
Jurisdiction and Venue
6.
 
This action arises under the patent laws of the United States, 35 U.S.C. § 1,
et seq.
 This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331and 1338(a).7.
 
This Court has personal jurisdiction over Defendants because Defendants havepurposefully availed themselves of the privilege of conducting business within this State and thisDistrict by, among other things, offering for sale and rental, and selling and renting, the HammerMobile Fall Arrest Unit and the Mini-Hammer Mobile Fall Arrest Unit.8.
 
Venue is proper in this District and Division pursuant to 28 U.S.C. §§ 1391 and1400.
 
3
Factual Background
9.
 
On August 14, 2012, United States Patent No. 8,240,431 (“the ‘431 Patent”) entitled“Apparatus and Method of Arresting a Fall” issued to Smith. Since its issuance, the ‘431 Patent hasbeen in full force and effect. The ‘431 Patent is valid and enforceable. Smith has commercializedthe invention claimed in the ‘431 Patent through AES, incorporating this invention in the AESRaptor Stinger™ and the AES Raptor TriRex™ products. Smith owns all right, title and interest tothe ‘431 Patent, including the right to sue for past, present and future infringements. Smith hasproperly marked the AES Raptor Stinger™ and the AES Raptor TriRex™ products pursuant to 35U.S.C. § 287(a). A true and correct copy of the ‘431 Patent is attached hereto as Exhibit A.10.
 
On December 20, 2007, United States Patent Application Publication No. US2007/0289811 (“the ‘811 Publication”) was published. A true and correct copy of the ‘811Publication is attached hereto as Exhibit B.11.
 
The application of the ‘811 Publication issued as the ‘431 Patent, and the ‘811Publication includes claims that are substantially identical to the claims of the ‘431 Patent.12.
 
Defendants have infringed and continue to infringe the ‘431 Patent by making,using, offering to sell, and/or selling and/or renting in the United States, and/or importing into theUnited States, products or processes that practice the invention claimed in the ‘431 Patent. Onesuch product is the Hammer Mobile Fall Arrest Unit, which is covered by claims 1 and/or 5 in the‘431 Patent.13.
 
Defendants also provide infringing products or processes to distributors, dealers,customers, and/or others with detailed instructions and information on how to use and/or sell theinfringing products or processes. Defendants acts constitute inducement to infringe the ‘431

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