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Krull v. Anytime Fitness et. al.

Krull v. Anytime Fitness et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 5:13-cv-00364-FB: Krull v. Anytime Fitness, L.L.C. et. al. Filed in U.S. District Court for the Western District of Texas, the Hon. Fred Biery presiding. See http://news.priorsmart.com/-l887 for more info.
Official Complaint for Patent Infringement in Civil Action No. 5:13-cv-00364-FB: Krull v. Anytime Fitness, L.L.C. et. al. Filed in U.S. District Court for the Western District of Texas, the Hon. Fred Biery presiding. See http://news.priorsmart.com/-l887 for more info.

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Published by: PriorSmart on May 01, 2013
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07/08/2013

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MARK
A.
KRULL
Plaintiff,
V.
UNITED
STATES
DISTRICT
COURTWESTERN
DISTRICT OF TEXASSAN
ANTONIO
DIVISION
ANYTIME
FITNESS, L.L.C.,
ANYTIME
FITNESS
NEW
BRAUNFELS,
and
LIFE
FITNESS,
a
division
of
BRUNSWICK CORPORATION
Defend
nts.
r)
r.
,
J.
I
C
Case
Number:
SA13CAO364f5
COMPLAINT
FOR
PATENT
INFRINGEMENT
Plaintiff, Mark
A.
Krull,
for
his
Complaint
against Defendants,AnyTime
Fitness,
L.L.C.,
AnyTime
Fitness
New Braunfels,
and Life Fitness,
a
division
of
Brunswick
Corporation,
alleges
as
follows:
DAPTI
1.
Mark
A.
Krull
is
an
individualresiding
in
NewBraunfels,
Texas
("KrulI")
2.
On
information
and
belief,AnyTime
Fitness,
L.L.C.
is
a
Minnesotalimited
liability
company
with
its
principal
place
of
business
located
in
Hastings,
Minnesota("AnyTime").
3.
On
information
and
belief, AnyTime
Fitness
NewBraunfels
is
a
franchisee
of
Anytime with
its
principal
place
of
business
located
in
NewBraunfels,
Texas
("AnyTime-NB").
4.
On
information
and
belief,
Life
Fitness
is
a
division
of
Brunswick
Corporation
with
its
principal
place
of
business
located
in
Schiller
Park,
Illinois ("Life
Fitness").
COMPLAINT
Page
1
 
5.On
information
and
belief,Brunswick
Corporation
is
a
Delaware
corporation
with
its
principal
place
of
business
located
in Lake
Forest,
Illinois
("Brunswick").
JURISDICTION
AND
VENUE
6.
The
allegations
set
forth
in
paragraphs
1-5
are
herebyrealleged
in
thissection.
7.
This
is
a
civil
action
for
patentinfringement
arising
under thepatent
laws
of
the
United
States,
Title
35
of
the
United
States Code.
8.
This
Court
has
subject
matterjurisdiction
pursuant
to
28
U.S.C.
§
1331and1338(a).
9.
The
"First
Accused
Products"
are
Life Fitness
Signature
Series
single
stationweight
machines, examples
of
which
are
shown
in
the
attached
Exhibit
A.10.
The First Accused
Products
and/orthe
manner
in
which
they
are
manufactured
and/or
used
fall
within
the
scope
of
atleastKrull's
U.S.
Patent
Nos.
6,902,516
and
8,137,248("FirstAsserted Patents")
11.
The "SecondAccused
Products"
are
LifeFitness Pro2Seriesand
Optima
Series
weight
machines, examples
of
which
are
shown
in
the
attached
Exhibit
B.
12.
The Second Accused
Products
and/orthe
manner
in
which
they
are
manufactured
and/or
used
fall
within
the
scope
of
atleast Krull's
U.S.
Patent
No.
6,387,019
("Second Asserted
Patent")
13. On
information
and
belief,
the
First Accused
Products
havebeen
in use
at
an
AnyTime
Fitness
exercise
facility
located at
2351 Loop337, Suite
C,
NewBraunfels,
Texas
78130).
COMPLAINT
Page
2
 
14. On
information
and
belief,
AnyTime
has
receivedfranchisefees
from
residents
of
this
District,
and/or
has
arranged
for
at
leastone
franchisee
to
operate
in
thisDistrict.
15.
This
Court's
exercise
of
personal
jurisdiction
overAnyTime
is
consistent
with
theConstitutions
of
the
United
Statesand
the
State
of
Texas.
16.On
information
and
belief,
AnyTime-NB
operates
at leastoneexercise
facility
in
this District.
17.
This
Court's
exercise
of
personal
jurisdiction
over
AnyTime-NB
is
consistent
with
the
Constitutions
of
the
United
Statesand
the
State
of
Texas.
18.On
information
and
belief,
Life Fitness
has
operated
with
a
reasonable
expectation
that
atleast
the
First Accused
Products
will
be
purchased
and/or
used by
residents
in
thisDistrict.
19.
This
Court's
exercise
of
personal
jurisdiction
over
LifeFitness
is
consistent
with
the Constitutions
of
the
United
Statesand
the
State
of
Texas.20.
Venue
is
proper
in
this judicialdistrict,pursuant
to
at
least
28
U.S.C.§
1391(b),
1391(c), 1391(d)and 1400(b).
PATENT
INFRINGEMENT
COUNTS
21.
The
allegations
set
forth and/or
realleged
in
paragraphs6-20
are
herebyrealleged
in
this
section.
22.
Krull
is
the
soleand
rightfulowner of
all
right,
title
and
interest
in
and
tothe
First
AssertedPatents
and
the
Second
AssertedPatent.
COMPLAINT
Page
3

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