Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Neal et. al. v. Cobb's Diesel Performance

Neal et. al. v. Cobb's Diesel Performance

Ratings: (0)|Views: 80|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00405-GMS: Neal et. al. v. Cobb's Diesel Performance LLC. Filed in U.S. District Court for the District of Arizona, the Hon. G Murray Snow presiding. See http://news.priorsmart.com/-l7Kg for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00405-GMS: Neal et. al. v. Cobb's Diesel Performance LLC. Filed in U.S. District Court for the District of Arizona, the Hon. G Murray Snow presiding. See http://news.priorsmart.com/-l7Kg for more info.

More info:

Published by: PriorSmart on Feb 27, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/27/2013

pdf

text

original

 
 
11234567891011121314151617181920212223242526 John D. Titus (#012912)Bradley P. Hartman (#017263)
HARTMAN TITUS
PLC
 7114 E. Stetson Drive, Suite 205Scottsdale, AZ 85251-3250Phone: (480) 659-0019Fax: (480) 659-3304Email: BHartman@HartmanTitus.com JTitus@HartmanTitus.comAttorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONA
Gene Neal and Kennieth Neal,individuals,Plaintiffs,vs.Cobbs Diesel Performance LLC, a Tennessee limited liability companydba Performance Machine & Mfg,Defendant.No.
COMPLAINT
(Patent Infringement)For their complaint against Cobbs Diesel Performance LLC dba PerformanceMachine & Mfg. (“PMM”), plaintiffs Gene Neal and Kennieth Neal (collectively, “theNeals”) allege as follows:1. The Neals are citizens of the United States domiciled in Arizona doingbusiness as “Bulletproof Diesel” and having a business address at 4245 E. Palm St., Mesa,Arizona 85215.
 
 
212345678910111213141516171819202122232425262. On information and belief, Cobbs Diesel Performance LLC is a Tennesseelimited liability company doing business as “Performance Machine & Mfg.” having anaddress at 5890 Industrial Park Dr. Lenoir City, TN 37771.3. This is an action arising under the Patent Laws of the United States, title 35 of the United States Code. Original jurisdiction is predicated under 28 U.S.C. §§ 1332 and1338. Venue in Arizona is proper under 28 U.S.C. §§ 1391 and 1400.4. For many years, the Neals have been in the business of designing andmanufacturing aftermarket parts for vehicles, and in particular, aftermarket parts for dieselpowered vehicles, which the Neals market and sell under the brand Bulletproof Diesel™.Bulletproof Diesel™ is widely recognized as the industry leader in aftermarket oil-coolerrelocation kits for diesel engines.5. In or about July 2009, the Neals introduced an oil-cooler relocation kit for theInternational VT365 engine also knows as the Ford® 6.0L Powerstroke Diesel. TheBulletproof Diesel™ oil cooler relocation kit solved a serious reliability problem with theoriginal equipment oil cooler, the failure of which often led to coolant leaking into thelubrication system of the engine with ruinous results.6. Contemporaneous with the introduction of the Bulletproof Dieseloil coolerrelocation kit, the Neals applied for a provisional patent on the invention. The application,titled "ENGINE OIL COOLER," was filed in the names of Gene Neal and Kennieth Neal on July 23, 2009.7. The aforementioned application was followed by a utility patent application of the same name, filed on July 22, 2010. This application was allowed by the United StatesPatent and Trademark Office, which issued the application as United States Patent No.8,375,917 ("the '917 Patent") on February 19, 2013.
 
 
312345678910111213141516171819202122232425268. The Neals are and have continuously been the owners of all right, title andinterest in and to the '917 Patent.9. Prior to February 19, 2013, the Neals became aware of an oil cooler relocationkit model #PMM60RMOC advertised by PMM on its web site<www.performancemachinemfg.com>which appeared to infringe the 917 patent. A copyof the sell page for the PMM60RMOC is attached hereto as Exhibit A.10. After completing its investigation confirming its suspicions that thePMM60RMOC infringed the '917 Patent, by letter dated February 19, 2013, the Nealsnotified PMM that it believed the PMM60RMOC oil cooler relocation kit infringed the '917Patent. A copy of the aforementioned letter is attached as Exhibit B hereto.11. As of the date hereof, PMM is continuing to advertise the PMM60RMOC asbeing scheduled to be released and, on information and belief, has no intent to cease itsmanufacturing and sale.12. As a result of PMM's infringement and continuing infringement of the '917Patent, the Neals have suffered and will continue to suffer damage.13. PMM's infringement of the '917 patent will continue unless enjoined by thisCourt.WHEREFORE the Neals pray that this court enter judgment:A. Enjoining PMM and its related parents, subsidiaries, agents, officers, partners,employees and all others acting in concert with it from the manufacture, importation,use, offer for sale and sale of oil cooler relocation kits or parts thereof that infringeUnited States Patent No. 8,375,917;B. Ordering PMM to account for its profits and the damages to the Neals fromsuch infringement and awarding such profits and damages to the Neals;C. Assessing costs and interest against PMM; and

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->