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Interface et. al. v. Tandus Flooring et. al.

Interface et. al. v. Tandus Flooring et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:13-cv-00046-HLM: Interface, Inc. et. al. v. Tandus Flooring, Inc. et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Harold L. Murphy presiding. See http://news.priorsmart.com/-l7Km for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:13-cv-00046-HLM: Interface, Inc. et. al. v. Tandus Flooring, Inc. et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Harold L. Murphy presiding. See http://news.priorsmart.com/-l7Km for more info.

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Published by: PriorSmart on Feb 27, 2013
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02/27/2013

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US2008 4378445 7
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAROME DIVISIONINTERFACE, INC. ; INTERFACEAMERICAS, INC.; INTERFACEFLOR LLC; and FLOR, INC.,Plaintiffs,v.TANDUS FLOORING, INC. andTANDUS FLOORING US, LLC,Defendants.))))))))))))CIVIL ACTION FILE NO. ______________ 
JURY TRIAL DEMANDEDCOMPLAINT AND DEMAND FOR JURY TRIAL
 Plaintiffs Interface, Inc., Interface Americas, Inc., InterfaceFLOR LLC, andFLOR, Inc. (collectively “Plaintiff” or “Interface”) file this Complaint and JuryDemand against Defendants Tandus Flooring, Inc. and Tandus Flooring US, LLC(collectively “Tandus”)
1
, and state as follows:
1
 
Interface filed a Complaint shortly after midnight today (February 26, 2013) with papers showing the contents of the Patent.
See Interface, Inc., et al. v. Tandus Flooring, Inc., et al.
, No. 4:13-cv-00044-HLM. Interface is filing the presentComplaint with a copy of the Patent as issued, and in an abundance of caution, because of the apparent malfunction of the Court’s computer. The Noticeof Electronic Filing records the entry of the documents as February 26, 2013, butrecords the filing of the documents as February 25, 2013. The receipt for payment
 
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US2008 4378445 7
NATURE
 
OF
 
ACTION
 
AND
 
PARTIES
1.
 
This is a complaint for damages and equitable relief arising fromTandus’ acts of infringement of United States Patent No. 8,381,473 (the “Patent”).A true and correct copy of the Patent is attached hereto as Exhibit A.
THE
 
PARTIES
2.
 
Plaintiff Interface, Inc. (“Interface”) is a corporation organized andexisting under the laws of Georgia with its principal place of business at 2859Paces Ferry Road, Suite 2000, Atlanta, Georgia 30339. Interface is the ultimateof the filing fee, moreover, clearly shows that the original Complaint was filedafter midnight on February 26, 2013, in accordance with the Court’s ElectronicFiling of Case Initiating Documents User’s Manual and CM/ECF tutorial on filingcase initiating documents, as well case law holding that a patent issues just after midnight on the day of issuance. Electronic Filing of Case Initiating DocumentsUser’s Manual, p. 5 (filing is accomplished upon completion of steps that comeafter the payment of the filing fee through pay.gov);
see Encore Wire Corp. v.Southwire Co
., No. 3:10-cv-86-BMGL, 2011 WL 833220, at *4 (N.D. Ga. Mar. 4,2011) (holding that a patent issued at midnight on the date of issuance). Theoriginal Complaint, however, was dated by the Court’s computer February 25,2013, and the Clerk has stated that a Court order will be necessary to correct theCourt record to show filing on February 26, 2013. If a dispute as to standing, jurisdiction, or venue should arise, Interface reserves the right to rely on the timeshown on the receipt from Pay.gov, in combination with the Court’s User Manual,tutorial and sequence of screens presented to a filer of case-initiating documents, todispute the filing date shown on the Notice of Electronic Filing. If the Court findsit appropriate that the Complaint electronically filed at either 12:03 a.m. or 12:04a.m. on February 26, 2013 should be deemed filed on February 25, 2013, Interfacerespectfully requests that it be permitted to withdraw the original Complaint, andthat this Complaint be deemed filed on February 26, 2013 at the earliest time filingwas possible.
 
 
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US2008 4378445 7
 parent company of Plaintiffs Interface Americas, Inc., InterfaceFLOR LLC, andFLOR, Inc.3.
 
Plaintiff Interface Americas, Inc. (“Interface Americas”) is acorporation organized and existing under the laws of Georgia with its principal place of business at 2859 Paces Ferry Road, Suite 2000, Atlanta, Georgia 30339.Interface Americas is in the business of selling floor covering products, includingcarpet tiles.4.
 
Plaintiff InterfaceFLOR LLC (“IFS”) is a corporation organized andexisting under the laws of Georgia with its principal place of business at 2859Paces Ferry Road, Suite 2000, Atlanta, Georgia 30339. IFS is in the business of manufacturing floor covering products, including carpet tiles.5.
 
Plaintiff FLOR, Inc. (“FLOR, Inc.”) is a corporation organized andexisting under the laws of Georgia with its principal place of business at 2859Paces Ferry Road, Suite 2000, Atlanta, Georgia 30339. FLOR, Inc. is in the business of selling floor covering products, including specifically carpet tiles.6.
 
Interface is the current assignee and owner of the Patent and is entitledto enforce all rights arising therefrom, including the right to prevent infringementof the Patent. Interface has exclusively licensed all rights under the Patent toInterface Americas, including the right to enforce the Patent. Interface Americas

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