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Erico International v. Phillips et. al.

Erico International v. Phillips et. al.

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-00502-JG: Erico International Corporation v. Phillips et. al. Filed in U.S. District Court for the Northern District of Ohio, the Hon. James S. Gwin presiding. See http://news.priorsmart.com/-l7Mf for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-00502-JG: Erico International Corporation v. Phillips et. al. Filed in U.S. District Court for the Northern District of Ohio, the Hon. James S. Gwin presiding. See http://news.priorsmart.com/-l7Mf for more info.

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

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 IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF OHIOEASTERN DIVISION
 ERICO INTERNATIONALCORPORATION,Plaintiff,vs.BRUCE G. PHILLIPS and ELECTRICALPREFAB SYSTEMS, LLC,Defendants.CASE NO.
COMPLAINT ANDDEMAND FOR JURY TRIAL
Plaintiff, ERICO International Corporation (“ERICO”), by and through its attorneys, for its Complaint against Defendants, Bruce G. Phillips and Electrical Prefab Systems, LLC, ERICOstates and alleges as follows:
NATURE OF THE ACTION
1.
 
This is a civil action brought by ERICO seeking a declaratory judgment of invalidity and/or non-infringement of United States Patent No. 8,168,887 (the “Patent-In-Suit”)and seeking injunctive relief and damages for unfair competition and tortious interference with business relationships and contracts.
: -cv-
 
2
PARTIES, JURISDICTION, AND VENUE
2.
 
ERICO is an Ohio corporation, with its principal place of business located at31700 Solon Road, Solon, Ohio 44139.3.
 
Upon information and belief, Defendant Bruce G. Phillips is an individual and aresident of the State of Arizona, residing at 108 West Laurel Court, Gilbert, Arizona 85233.4.
 
Upon information and belief, Defendant Electrical Prefab Systems, LLC is anArizona limited liability company, with its principal place of business located at 6607 WestBoston Street # 3, Chandler, Arizona 85226.5.
 
Upon information and belief, Defendant Phillips is the co-founder and a member of Defendant Electrical Prefab Systems, LLC.6.
 
Upon information and belief, either directly or indirectly, Defendantsmanufacture, distribute, supply, and/or sell goods or services into and/or from the State of Ohio.Defendants derive a financial benefit from the commercial activities they conduct, either directlyor indirectly, in the State of Ohio.7.
 
This Complaint seeks declaratory relief under the Declaratory Judgment Act, 28U.S.C. §§ 2201 and 2202. This Court has subject matter jurisdiction over the claims in thisaction pursuant to 35 U.S.C. § 271 and 28 U.S.C. §§ 1331, 1338, and 1367, because it arises, in part, pursuant to 35 U.S.C. § 271.8.
 
This Court also has subject matter jurisdiction over the claims in this action pursuant to 28 U.S.C. § 1332(a), because the amount in controversy exceeds $75,000, exclusiveof interest and costs, and the controversy is between citizens of different States9.
 
Defendants are subject to this Court’s personal jurisdiction in that they: (1)transact business within the State of Ohio and this District; (2) contract to supply goods or 
 
3services in the State of Ohio and this District; and/or (3) have committed tortious acts without theState of Ohio causing injury to persons or property within the State of Ohio and this District, andeither regularly do or solicit business, engage in other persistent course of conduct, or derivesubstantial revenue from goods used or consumed or services rendered in the State of Ohio andthis District.10.
 
Venue is proper under 28 U.S.C. § 1391(b)(2) because a substantial part of theevents giving rise to the claims set forth below occurred in this District. Defendants’ actionswere designed to cause harm to ERICO in this District.
FACTUAL BACKGROUND
11.
 
ERICO is a premier manufacturer of engineered products designed for diverseniche applications in the electrical, mechanical, commercial and industrial, rail, and utilitymarkets. Among the products ERICO manufactures and distributes in the United States areelectrical assemblies that combine an electrical box, support bracket, mud ring, far-side support,and ground wire pigtail into a single solution that is ready to use right out of the box.12.
 
Upon information and belief, Defendants own the Patent-In-Suit, titled “Methodand Apparatus for Pre-Fab Wiring,” which was issued by the United States Patent andTrademark Office on May 1, 2012. A copy of the Patent-In-Suit is attached hereto as Exhibit A.13.
 
Defendants have accused ERICO and its customers of infringement of the Patent-In-Suit and have insisted that ERICO requires a license under the Patent-In-Suit and other unspecified patents to market its electrical assemblies.14.
 
ERICO disputes that it infringes or has ever infringed, willfully or otherwise, anyclaim of the Patent-In-Suit and disputes that it requires a license under the Patent-In-Suit andother unspecified patents. Furthermore, ERICO disputes that its customers’ use of ERICO’s

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