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Thermark Holdings et. al. v. Lasersketch et. al.

Thermark Holdings et. al. v. Lasersketch et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 8:13-cv-00445-AG-AN: Thermark Holdings Inc et. al. v. Lasersketch Ltd et. al. Filed in U.S. District Court for the Central District of California, the Hon. Andrew J. Guilford presiding. See http://news.priorsmart.com/-l7Qx for more info.
Official Complaint for Patent Infringement in Civil Action No. 8:13-cv-00445-AG-AN: Thermark Holdings Inc et. al. v. Lasersketch Ltd et. al. Filed in U.S. District Court for the Central District of California, the Hon. Andrew J. Guilford presiding. See http://news.priorsmart.com/-l7Qx for more info.

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Published by: PriorSmart on Mar 18, 2013
Copyright:Public Domain

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03/19/2013

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12345678910111213141516171819202122232425262728Plaintiffs TherMark Holdings, Inc. and TherMark, LLC bring this action for patentinfringement and other claims against Defendants LaserSketch, Ltd., JDS Industries, Inc.,Permanent Impressions, Inc., and Paul W. Harrison (collectively “Defendants”).Plaintiffs seek judgment that use of products used, manufactured, sold, offered for sale or imported into the United States by the Defendants have infringed or will infringe U.S.Patent Nos. 6,075,223 and 6,313,436. Plaintiffs hereby allege the following:
THE PARTIES
1.
 
Plaintiff TherMark LLC, is a limited liability company organized andexisting under the laws of Pennsylvania.2.
 
Plaintiff TherMark Holding, Inc. is a corporation organized and existingunder the laws of Delaware, and wholly owns TherMark, LLC.3.
 
Plaintiffs TherMark LLC and TherMark Holdings (collectively “TherMark”)have a principal place of business at 33 Hammond, Suite 205, Irvine, California 92618.4.
 
TherMark specializes in the development, manufacture and sale of productsused in laser engraving/marking images on a variety of surfaces.5.
 
Defendant, LaserSketch Ltd. (“LaserSketch”), upon information and belief,is an Illinois corporation, having a principal place of business at 1319 Enterprise Drive,Romeoville, Illinois 60446. LaserSketch is listed with the Illinois Secretary of State asalso being located at 13650 Longview Drive, Homer Glen, Illinois 60491.6.
 
LaserSketch is engaged in the business of,
inter alia
, developing,manufacturing, selling and distributing products to the laser engraving industry.7.
 
Defendant JDS Industries, Inc. (“JDS Industries”) upon information and belief, is a corporation organized and existing under the laws of South Dakota, having a principal place of business at 1800 East 57th St. North, Sioux Falls, South Dakota 57104.8.
 
JDS Industries has a location and warehouse in this district at 13512Imperial Hwy, Santa Fe Springs, California 90670.
 
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JDS Industries is in the business of distributing and selling products used inthe awards industry, including laser engraving materials and supplies.10.
 
Defendant Permanent Impressions, Inc. (“Permanent Impressions”), uponinformation and belief, is a corporation organized and existing under the laws of Nevada,and which does substantial business in this district.11.
 
Defendant Paul W. Harrison, upon information and belief, is an individualthat maintains a permanent residence in this district. He is the Chief Executive Officer and Agent for Service of Process, as well as a Director and Owner, of PermanentImpressions, and transacts business through it.12.
 
Harrison and Permanent Impressions previously signed a contract with aforum selection clause that designates Orange County, California as the appropriateforum for any dispute with TherMark.13.
 
Upon information and belief, Harrison and Permanent Impressions areworking with LaserSketch on the development, manufacturing and sale of products usedin the laser engraving industry.14.
 
The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants sued herein as DOES 1 through 10, inclusive, are currentlyunknown to Plaintiffs. Plaintiffs are informed and believe, and based thereon allege, thateach of the Defendants designated herein as a DOE is legally responsible in some manner for the unlawful acts referred to herein. Plaintiffs will seek leave of court to amend thisComplaint to reflect the true names and capacities of the Defendants designatedhereinafter as DOES when such identities become known. Plaintiffs are informed and believe, and based thereon allege, that each Defendant acted in all respects pertinent tothis action as the agent of the other Defendants, carried out a joint scheme, business planor policy in all respects pertinent hereto, and the acts of each Defendant are legallyattributable to the other Defendants.

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