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IBC v. Mr. BBQ - Complaint

IBC v. Mr. BBQ - Complaint

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Published by slburstein
IBC v. Mr. BBQ - Complaint
IBC v. Mr. BBQ - Complaint

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Published by: slburstein on Jun 28, 2013
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10/16/2013

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Case 2:13-cv-00142-WCO Document 1 Filed 06/27/13 Page 1 of 10
IN
THE
UNITEDSTATES
DISTRICT COURT
FOR
THE
NORTHERN DISTRICT
OF GEORGIA
GAINESVILLE,
DIVISON
INTERNATIONAL
BUSINESS
CORPORATION,INC.,Plaintiff
v.
MR.
BAR-B-
Q,
INC.,
and
AMAZON.COM,
Defendants
)))
)
)))))))
)
COMPLAINT
CVNo.
___
Comes now International Business Corporation (IBC), through theundersigned attorneys, and states for its complaint against
Mr
.Bar-B-Q, Inc. (Mr. Bar-B-Q) and Amazon.com (Amazon) as follows:
PRELIMINARYSTATEMENT
1.
IBC brings claims against Defendants for infringement
of
a patent ownedby IBC in violation
of35
U.S.C. § 271. Accordingly, IBC seeks, amongother relief, a permanent injunction to prevent Defendants from importing,making, using, offering to sell, and selling within the United States anyproducts that infringe
IBC's
patent under
35
U.S.C
§
283; damages in theform
of
Defendants' profits under 35 U.S.C. § 289;and,the reasonable
1
2:13-CV-00142
 
Case 2:13-cv-00142-WCO Document 1 Filed 06/27/13 Page 2 of 10
attorney's feesandcosts incurred in prosecutingthisaction, including prejudgment interest.
THE PARTIES
2.
PlaintiffiBC
is a Georgia corporationhavinga principal place
ofbusiness
at 5705 Commerce Blvd., Alpharetta, Georgia.
3.
Upon information and belief, Defendant Amazon
IS
aDelawareCorporation, having a principal place
of
businessat 1200
12th
AvenueSouth, Suite 1200, Seattle, Washington, 98144.4. Upon information and belief, Defendant
Mr.
Bar-B-Q is a
New
YorkCorporation, having a principal place
of
business 445 Winding Road OldBethpage,
NY
11804-1311
JURISDICTION AND VENUE
5. This action is for patent infringement underthePatent Laws
of
the UnitedStates
of
America, 35 U.S.C. §§ 1
et
seq.,
including 35U.S.C.§ 271(a),(b),(c), and/or (f).6. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and1338(a).
7.
TheCourthas personal jurisdiction over the Defendants. Among otherreasons, upon information and belief, Defendants have done business
in
this judicial district, has continuous and systematic contacts with this
2
 
Case 2:13-cv-00142-WCO Document 1 Filed 06/27/13 Page 3 of 10
district, has committed and continue to commit acts
of
patentinfringementin this judicial district, and has harmed and continues to harm IBC in thisjudicial district by,among otherthings,selling and offeringtosell infringing articles covered under one or more
of
the above patents.8.Venue
is
proper pursuant to 28 U.S.C.
§§
1391 and 1400because,amongother reasons, Defendants are subject to personal jurisdiction and havecommitted acts
of
patent infringement in this judicial district.9. Joinder
of
the Defendants is proper under
35
U.S.C. §299in asmuchas Plaintiff's right to relief is asserted against the Defendants with respect toor arising out
of
the same series
of
transactions
or
occurrences relating tothe making, using, importing into the United States, offering for sale,
or
selling
of
the same accused product and questions
of
fact common to alldefendants will arise in the action.
FACTS COMMON TO ALL COUNT
10.The allegations ofParagraphs 1 to 9 are incorporated by reference
andre-
alleged as
if
fully set forth herein.11. IBC is the owner
ofU.S.
Patent No. D588,419S
(the"
'419 Patent") acopy
of
which is attached as Exhibit
A;
12. The Patent is directedtoa unique ornamental design for a Barbeque MeatSkewer.
3

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