Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Brother Industries v. Chi Kin Wong

Brother Industries v. Chi Kin Wong

Ratings: (0)|Views: 120 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00360-UNA: Brother Industries LTD v. Chi Kin Wong. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7M3 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00360-UNA: Brother Industries LTD v. Chi Kin Wong. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7M3 for more info.

More info:

Published by: PriorSmart on Mar 06, 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

03/06/2013

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
BROTHER INDUSTRIES, LTD.,Plaintiff,v.CHI KIN WONG D/B/A CW MEDIA PRO,Defendant.)))))))))C.A. No. _______________ 
JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Brother Industries, Ltd. (“Plaintiff” or “Brother”), for its Complaint againstDefendant Chi Kin Wong d/b/a CW Media Pro (Chi Kin Wong is referred to herein as“CW Media Pro”), hereby alleges as follows:
The Parties
1. Brother is a corporation duly organized and existing under the laws of Japan. Its principal place of business is located at 15-1 Naeshiro-cho, Mizuho-ku Nagoya-shi, Aichi-ken,Japan 467-8561.2. Chi Kin Wong is an individual doing business under the name CW Media Pro,which business address is 13400 S. Route 59, Suite 116 #170, Plainfield, IL 60585. CW MediaPro is an online retailer of compatible cartridges for printing machines, including the accusedlabel tape cartridges for use in Brother P-Touch printers. CW Media Pro conducts business viathe Internet as
cwmediapro.com
. On information and belief Chi Kin Wong resides at 11318 SMarathon, Plainfield, Illinois.
 
2
Jurisdiction and Venue
3. This is an action for patent infringement arising under the patent laws of theUnited States, Title 35 ofthe United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).4. This Court has personal jurisdiction over CW Media Pro in that CW Media Prosells or offers to sell the accused compatible label tape cartridges throughout the United States,including this judicial district, and having sold the accused label tape cartridges in this jurisdiction has committed acts within Delaware giving rise to this action and is personally present in Delaware pursuant to the Delaware Long Arm Statute, Del. Code. Ann. Tit. 3, §3104.5. Venue is proper under 28 U.S.C. §§ 1391(b), (c) and/or (d), and 28 U.S.C. §1400(b).
Brother’s Patents-in-Suit
6. Brother is the lawful owner of United States Patent No. 6,116,796 (“the ‘796 patent”), entitled “Tape Label Printing Device,” duly and legally issued September 12, 2000,having Koshiro Yamaguchi and Mitsuharu Hattori as inventors. A true copy of the ‘796 patent isattached hereto as Exhibit 1.7. Brother is the lawful owner of United States Patent No. 5,964,539 (“the ‘539 patent”), entitled “Tape-Shaped Label Printing Device,” duly and legally issued October 12,1999, having Koshiro Yamaguchi and Mitsuharu Hattori as inventors. A true copy of the ‘539 patent is attached hereto as Exhibit 2.8. Brother is the lawful owner of United States Patent No. 5,653,542 (“the ‘542 patent”), entitled “Tape Cassete,” duly and legally issued August 5, 1997, having Kiyoshi
 
3Sugimoto, Koshiro Yamaguchi, Takashi Horiuchi, and Yutaka Sugiyama as inventors. A truecopy of the ‘542 patent is attached hereto as Exhibit 3.
CW Media Pro’s Infringing Activities
9. On information and belief, CW Media Pro is engaged in the business of offeringto sell and selling compatible label cartridges for use in Brother P-Touch labeling machines,which compatible label cartridges are covered by one or more claims of each of the ‘796 patent,the ‘539 patent, and the ‘542 patent.
First Cause of Action: Infringement of U.S. Patent No. 6,116,796
10. Each and every allegation of paragraphs 1 through 9 of this Complaint areincorporated by reference, as though set forth here in their entirety.11. CW Media Pro has and continues to directly infringe one or more claims of the‘796 patent, in violation of 35 USC §271(a), by selling and/or offering to sell ‘796 AccusedLabel Cartridges, including, without limitation, models with the following designations: PT-S121, PT-S131, PT-S211, PT-S221, PT-S231, TZ-125, TZ-135, TZ-212, Pro tape for Brother TZe221 3/8” 9mm P-touch black on white label TZ221 TZe-221, Pro tape for Brother TZe2311/2” 12mm P-touch black on white label TZ231 TZe-231, Pro tape for Brother TZe315 1/4”6mm P-touch white on black label TZ315 TZe-315, Pro tape for Brother TZe325 3/8” 9mm P-touch white on black label TZ325 TZe-325, Pro tape for Brother TZe335 1/2” 12mm P-touchwhite on black label TZ335 TZe-335, Pro tape for Brother TZe631 1/2” 12mm P-touch black onyellow label TZ631 TZe-631, PT tape for Brother TZe111 1/4" 6mm P-touch black on clear label TZ111 TZe-111, PT tape for Brother TZe115 1/4" 6mm P-touch white on clear labelTZ115 TZe-115, PT tape for Brother TZe121 3/8" 9mm P-touch black on clear label TZ121TZe-121, PT tape for Brother TZe125 3/8" 9mm P-touch white on clear label TZ125 TZe-125,

You're Reading a Free Preview

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