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McCorkle v. Streamlight

McCorkle v. Streamlight

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00819-SRB: McCorkle v. Streamlight Incorporated. Filed in U.S. District Court for the District of Arizona, the Hon. Susan R Bolton presiding. See http://news.priorsmart.com/-l855 for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00819-SRB: McCorkle v. Streamlight Incorporated. Filed in U.S. District Court for the District of Arizona, the Hon. Susan R Bolton presiding. See http://news.priorsmart.com/-l855 for more info.

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Published by: PriorSmart on Apr 24, 2013
Copyright:Public Domain

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03/28/2014

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Jeffrey W. Johnson (#024435)Sean Kealii Enos (#023634)SCHMEISER, OLSEN & WATTS, LLP18 E. University Drive, Suite 101Mesa, Arizona 85201Telephone: (480) 655-0073Facsimile: (480) 655-9536kenos@IPlawUSA.com jjohnson@IPlawUSA.comAttorneys for Plaintiff UNITED STATES DISTRICT COURTDISTRICT OF ARIZONAChristopher McCorkle, an individual,Plaintiff,vs.STREAMLIGHT, INC., aPennsylvania Corporation,Defendant.Case No.
COMPLAINT SEEKINGINJUNCTIVE AND MONETARYRELIEF FOR PATENTINFRINGEMENTDEMAND FOR JURY TRIAL
Plaintiff Christopher McCorkle hereby complains against defendantSTREAMLIGHT, INC. (“STREAMLIGHT”), and for its causes of action alleges asfollows:
NATURE OF THE ACTION
 
 
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1.
 
This is an action brought by Plaintiff against Defendant STREAMLIGHTfor preliminary and permanent injunctive relief and monetary damages to remedyinducement to infringe and direct infringement by Defendant STREAMLIGHT of United States Patent Number 7,156,536 (hereinafter the “‘536 Patent”). A true andcorrect copy of the ‘536 Patent is attached hereto as Exhibit A.2.
 
Plaintiff McCorkle is the assignee of all right, title and interest in the ‘536Patent, which covers certain flashlight holders for helmets.3.
 
Defendant STREAMLIGHT makes, uses, sells, offers for sale importsinto the United States and/or exports at least one product that infringes the ‘536 Patent.4.
 
Accordingly, Plaintiff McCorkle seeks monetary and injunctive relief  pursuant to its claims arising out of Defendant STREAMLIGHT’s willful and wrongfultaking of, making, using, importing, selling and/or offering to sell in the Unites StatesPlaintiff McCorkle’s invention as claimed in the ‘536 Patent.
PARTIES
5.
 
Plaintiff McCorkle is an Arizona resident residing at 3526 N. Rose CircleRoad, Scottsdale, Arizona, 85251.6.
 
Plaintiff McCorkle designs, markets, and sells lighting-related productsthroughout the Unites States.7.
 
Plaintiff McCorkle is the assignee of, and exclusive owner of, the patentrights on which the claims of relief asserted herein are based.8.
 
Defendant STREAMLIGHT is a corporation organized and existing under the laws of Pennsylvania with its principal place of business at 30 Eagleville Road,Eagleville, PA 19403.
 
 
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9.
 
Defendant STREAMLIGHT markets, uses, imports, sells and/or offers for sale lighting and lighting-related products (including flashlights and flashlight holders).10.
 
Defendant STREAMLIGHT is doing business in the United States and,more particularly, in the District of Arizona, by marketing, making, using, selling,importing, and/or offering for sale lighting and lighting-related products that infringethe patent claims involved in this action or by transacting other business in this District.11.
 
Defendant STREAMLIGHT is doing business in the United States and,more particularly, in the District of Arizona, by entering into contracts with Plaintiff tosell Plaintiff’s patented flashlight holders.
JURISDICTION AND VENUE
12.
 
This is a civil action for patent infringement arising under the patent lawsof the United States, Title 35, United States Code, including 35 U.S.C. §§ 271 and 281-285. Subject matter jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331 and1338(a).13.
 
Defendant STREAMLIGHT regularly solicits business and maintains a persistent course of conduct by conducting business in the District of Arizona via itswebsite http://www.streamlight.com/en-us.14.
 
Upon information and belief, Defendant STREAMLIGHT also maintainsan established distribution network for offering for sale, selling and shipping productsinto this District, including its products offered at http://www.streamlight.com/en-us.15.
 
Upon information and belief, the marketing and sale of the accuseddevices sold by Defendant STREAMLIGHT directly infringes and induces or contributes to the infringement of the ‘536 Patent.

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