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McAirlaids v. Kimberly-Clark et. al.

McAirlaids v. Kimberly-Clark et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: McAirlaids, Inc. v. Kimberly-Clark Corporation et. al. Filed in U.S. District Court for the Western District of Virginia, no judge yet assigned. See http://news.priorsmart.com/-l84t for more info.
Official Complaint for Patent Infringement in Civil Action No. None: McAirlaids, Inc. v. Kimberly-Clark Corporation et. al. Filed in U.S. District Court for the Western District of Virginia, no judge yet assigned. See http://news.priorsmart.com/-l84t for more info.

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Published by: PriorSmart on Apr 22, 2013
Copyright:Public Domain

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04/24/2013

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{#1595936-1, 108811-00000-01}
UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF VIRGINIAROANOKE DIVISIONMCAIRLAIDS, INC. ))Plaintiff ))v. ) Civil Action No. ___________ )KIMBERLY-CLARK )CORPORATION, ) TRIAL BY JURY DEMANDED)KIMBERLY-CLARK )WORLDWIDE, INC., and ))KIMBERLY-CLARK )GLOBAL SALES, LLC ))Defendants )COMPLAINT
Plaintiff, McAirlaids, Inc. (“McAirlaids”), by counsel, for its Complaint againstDefendants Kimberly-Clark Corporation (“Kimberly-Clark Corp.”), Kimberly-Clark Worldwide,Inc. (“Kimberly-Clark Worldwide”), and Kimberly-Clark Global Sales, LLC (“Kimberly-Clark Global Sales”), (collectively, “Kimberly-Clark” or "Defendants"), states as follows:
PARTIES, JURISDICTION AND VENUE
 1.
 
McAirlaids is a Virginia corporation with its principal place of business in RockyMount, Virginia.2.
 
Upon information and belief, Kimberly-Clark Corp. is a Delaware corporation with its principal place of business in Neenah, Wisconsin.3.
 
Upon information and belief, Kimberly-Clark Worldwide is a Delaware corporationwith its principal place of business in Neenah, Wisconsin. Kimberly-Clark Worldwide is awholly owned subsidiary of Kimberly-Clark Corp.
7:13CV00193
 
 
{#1595936-1, 108811-00000-01}
24.
 
Upon information and belief, Kimberly-Clark Global Sales is a Delaware limitedliability company with its principal place of business in Neenah, Wisconsin.5.
 
This Court has personal jurisdiction over Kimberly-Clark because Kimberly-Clark transacts substantial business in the Commonwealth of Virginia and because Kimberly-Clark issubject to jurisdiction under Virginia Code Section 8.01-328.1.6.
 
Jurisdiction of this Court is founded upon 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a),as this action arises under the patent laws of the United States.7.
 
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and 1400(b).
FACTUAL BACKGROUND
8.
 
McAirlaids is in the business of selling airlaids and other absorbent paper productsincorporating airforming and thermo mechanical bonding technology.9.
 
McAirlaids is the owner by assignment from the inventor Alexander Maksimow of United States Letters patent No. 6,675,702 (the “‘702 Patent”), entitled “Method and Device for Producing a Strip of Cellulose Fiber Material for Use in Hygiene Articles,” which was duly andlegally issued by the United States Patent and Trademark Office on January 13, 2004. A copy of the ‘702 Patent is attached hereto as
Exhibit A
.10.
 
Kimberly-Clark manufactures and sells GoodNites® Disposable Bet Mets thatincorporate airforming and thermo mechanical bonding technology.11.
 
Upon information and belief, Kimberly-Clark was aware of McAirlaids’ commercial products made in accordance with the ‘702 Patent as well as the tremendous success andreputation that McAirlaids products enjoy in the market place.
 
 
{#1595936-1, 108811-00000-01}
312.
 
Upon information and belief, Kimberly-Clark sought to exploit the success andreputation enjoyed by McAirlaids’ products that incorporate the inventions claimed in the ‘702Patent.13.
 
Upon information and belief, Kimberly-Clark has had actual knowledge of the ‘702Patent.14.
 
Upon information and belief, Kimberly-Clark regularly transacts business in theCommonwealth of Virginia and in this judicial district by, among other things, thedemonstration, offer for sale and/or sale of products meeting the limitations set forth in theclaims of the ‘702 Patent.
COUNT ONE-INFRINGEMENT OF THE '702 PATENT
15.
 
McAirlaids hereby reallege and incorporate the allegations contained in paragraphs 1through 14,
 supra
, as though fully set forth herein.16.
 
Defendants have infringed and continue to infringe, both directly and indirectly, one or more claims of the ‘702 Patent by making, using, offering for sale, selling, and/or importing products that infringe one or more claims of the ‘702 Patent, as well as inducing others toinfringe one or more claims of the ‘702 Patent, and/or contributing to infringement of one or more claims of the ‘702 Patent by others.17.
 
In the alternative or in addition, Defendants import, offer to sell, sell, and/or use withinthe United States a product which is made by a process that infringes the '702 Patent.18.
 
Defendants’ infringing acts have been, and continue to be, willful and wanton.19.
 
McAirlaids has been, and will continue to be, damaged by Defendants’ infringementand will be irreparably damaged unless Defendants’ infringement is enjoined.

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