2 business activities of Lowe’s also include promoting, offering for sale and selling products toconsumers in Illinois and in this District through its interactive www.lowes.com website.
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. § 1
. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).4.
Venue lies in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b) because Lowes is subject to personal jurisdiction in this District, has regularly conducted business in this District directly, and has committed acts of infringement in this District.
On August 18, 2009, U.S. Patent No. 7,575,117 (“the ‘117 patent”) entitled,“TOOL CARRYING AND STORAGE CASE” was duly and legally issued on an applicationfiled on October 27, 2005. Travelon currently owns all right, title and interest in and to the ‘117 patent. A copy of the ‘117 patent is appended as Exhibit A.6.
Lowe’s has been and is infringing the ‘117 patent by making, using, offering tosell, selling and/or importing tool carrying cases incorporating the inventions patented in the‘117 patent within the United States and within this District
and by contributing to theinfringement by others and/or by inducing others to infringe the ‘117 patent. Lowe’s infringing products include the tool bag shown in the photographs in Exhibit B hereto, which have beenmarketed under Lowe’s private label brand as the KOBALT Tool Set with Foldable Bag#0462590. Unless enjoined by the Court, Lowe’s will continue to infringe, contribute to theinfringement of and/or induce the infringement of the ‘117 patent.