Moreover, on information and belief, CAO has injected its infringing productsinto the stream of commerce with the expectation that they would be sold and offered for sale inthis District. On information and belief, CAO has injected its products into the stream of commerce by,
, (1) distributing them through its exclusive national distributor, HenrySchein, which has distribution facilities in this district; (2) distributing them through national on-line retailers including,
, henryschein.com, amazon.com, smilox.com, dentist.net, sears.com,groupon.com, dentalhealthessentials.com and dentalstores.com; and (3) by providing its productsdirectly to dentists through its own highly interactive website at www.sheerwhiteteeth.com. Oninformation and belief, as a result of these activities, CAO’s products have been sold and/or usedin this State and in this District.5.
This action arises under the patent laws of the United States, Title 35, UnitedStates Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1338(a) and1331.6.
Venue is proper in this Court under 28 U.S.C. §§ 1391(b)(2) and 1400(b).
On November 23, 1999, United States Letters Patent No. 5,989,569 (“the ’569 patent”) entitled “Delivery System For A Tooth Whitener Using A Permanently DeformableStrip Of Material,” was duly and legally issued to P&G as the assignee of the named inventors.Since that date, P&G has been the owner of the ’569 patent. A true and correct copy of the ’569 patent is attached to this Complaint as Exhibit A.8.
On April 4, 2000, United States Letters Patent No. 6,045,811 (“the ’811 patent”)entitled “Delivery System For An Oral Care Substance Using A Permanently Deformable StripOf Material,” was duly and legally issued to P&G as the assignee of the named inventors. Since