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Karman v. Miller International

Karman v. Miller International

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01728-RBJ: Karman, Inc. v. Miller International, Inc. Filed in U.S. District Court for the District of Colorado, the Hon. R. Brooke Jackson presiding. See http://news.priorsmart.com/-l8FN for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01728-RBJ: Karman, Inc. v. Miller International, Inc. Filed in U.S. District Court for the District of Colorado, the Hon. R. Brooke Jackson presiding. See http://news.priorsmart.com/-l8FN for more info.

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Published by: PriorSmart on Jul 01, 2013
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07/01/2013

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{00189607:2}
 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No. _________________________ KARMAN, Inc., a Colorado corporation,Plaintiff,v.MILLER INTERNATIONAL, INC., a Colorado corporation,Defendant.
COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMANDSTATEMENT OF JURISDICTION.
 1.
 
This action arises under a federal statute, 35 U.S.C. §101
et seq
., including 35 U.S.C. §271.2.
 
Venue is proper in this Court under 28 U.S.C. § 1400(b) as this is the district whereDefendant resides and is further a district where Defendant has committed acts of infringement.
BACKGROUND FACTS
3.
 
Plaintiff Karman, Inc. is a Colorado corporation having its principal place of business at14100 E 35th Place, #100, Aurora, Colorado 80011.4.
 
Defendant Miller International, Inc. is a Colorado corporation having its principal place of  business at 8500 Zuni Street Denver Colorado 80260. Service of process is not requested at thistime.5.
 
On June 25, 2013, United States Letters Patent No. 8,468,719
(the “‘719 Patent”)
wasissued to Plaintiff for an invention in articles of footwear and methods of footwear construction.
 
 
{00189607:2}
Page
2
of 
3
 
Plaintiff owned the patent throughout the period of Defendant
s infringing acts and still owns the patent.
A copy of the ‘719 Patent is attached hereto as
 
Exhibit A
.
FIRST CAUSE OF ACTION: DIRECT INFRINGEMENT
6.
 
As of the date of this Complaint, Defendant has infringed and is still infringing the
‘719
Patent by making, selling, offering for sale, and/or using articles of footwear, namely boots, thatembody the patented invention, and Defendant will continue to do so unless enjoined by this court.7.
 
Defendant has further infringed and is still infringing the
‘719 Patent
by selling, offeringfor sale, and/or using the claimed methods of footwear construction that embody the patentedinvention, and Defendant will continue to do so unless enjoined by this court.8.
 
Defendant has had actual notice of the infringement by the filing of this Complaint.
JURY DEMAND
9.
 
Pursuant to its Seventh Amendment rights, NJH requests a trial by jury.
DEMAND
10.
 
Therefore, Plaintiff demands:a.
 
a preliminary and final injunction against the continuing infringement; b.
 
an accounting for damages; andc.
 
interest and costs.//

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