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Labrada Bodybuilding Nutrition v. Thermolife International

Labrada Bodybuilding Nutrition v. Thermolife International

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. None: Labrada Bodybuilding Nutrition Inc v. Thermolife International, LLC. Filed in U.S. District Court for the Southern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8G8 for more info.
Official Complaint for Declaratory Judgement in Civil Action No. None: Labrada Bodybuilding Nutrition Inc v. Thermolife International, LLC. Filed in U.S. District Court for the Southern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8G8 for more info.

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Published by: PriorSmart on Jul 02, 2013
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09/29/2013

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IN
THE
I.INITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
TEXAS
HOUSTON
DIVISIONLABRADA BODYBUILDING
NUTRITION,
INC.
Plaintiff,
CivilActionNo
THERMOLIFE
INTERNATIONAL,
LLC,
JURY
TRIAL
DEMANDED
Defendant
COMPLAINT
FOR
DECLARATORYJUDGMENT
Plaintiff
Labrada
Bodybuilding
Nutrition,Inc.
("Labrada")
filesthis
ComplaintforDeclaratoryJudgment
("Complaint")
againstDefendant
Thermolife
International,
LLC
("Thermolife").
Labrada
seeks
declaratory
relief
pursuant
to
28 U.S.C.$$
220I
and2202,
declaring
United
States
Patent
Nos.
6,646,006
(the
"'006
Patent"),
6,117,872
(the
"'872
Patent"),
7,452,916
(the
"'916
Patent"), 5,945,452
(the
"'452
Patent),5,852,058
(the"'058
Patent), 5,891, 459(the
*'459
Patent"),
5,861,168(the
"'168
Patent),
and
5,428,070(the
*'070
Patent")
(collectively
the
"patents-in-suit")
to be
not
infringed
and
to
be
invalid.
PARTIES
1.
Plaintiff
Labrada
is
a
corporation
organized
and existing
under
thelaws
of
Texas
with
a
principal
place
of
business
at
333
Northpark
Central
Drive
in
Houston,
Texas,
77073.
V
)))))))))))))
 
2.
Defendant
is
a
limited
liability
company
organized
and
existing
under thelaws
of
Anzona,
and
maybe served
with
process
through its
registered
agent and
President Ronald
L.
Kramer
at
hisplace
of
business,
1811Ocean
Front
Walk in
Venice, California,
90291,
or
at
his registered
agent address,
3941E.
Chandler
Blvd.,
No.
106-212,
Phoenix,
Arrzona
85048.
JURISDICTION
AND
VENUE
1
This
Courthas
subject matter
jurisdiction
over
Labrada'srequest
for
a
declaratory
judgmentunder 28
U.S.C.
$$
2201
and2202.
This
action
arises
under thepatent
laws
of
the
United
States,
35 U.S.C.
$$
100
et
seq.,
which
are
within
the
subject
matter
jurisdiction
ofthis
Courtunder
28
U.S.C.
$$
1331
and
1338(a).
2.
Thermolife
has
asserted
infringement
of
the
patents-in-suit.
The
allegations
made
by
Thermolife
in
a
demand
letter
give
rise
to
an
act.nl
and
justiciable
controversy
between Labrada
and
Thermolife
as
to
the
noninfringement
and
invalidity
of
the
patents-in-suit.
3.
Thermolife's
infringement
allegationsthreaten
actual
and
imminent injury
toLabrada that
can
be
redressed
by
judicial
relief
and
that
injury is
of
sufficient immediacy
and
reality
to
warrant
the
issuance
of
a
declaratory
judgment.
Absent
a
declaration
of
noninfüngement
andlor
invalidity, Thermolife's
continued
wrongful
assertions
ofinfringement
related
to
the
use
of
Labrada'sproducts
will
cause
Labradaharm.
4.
Thermolife
is
subject
to
general
and specific
personal
jurisdiction
in
this
judicial
district
based
upon
its
purposeful,
systematic,
and continuous
contacts
with
Texas,
including,
amongst
other
acts,
selling
and
marketing
products
to
customers
in
Texas.
5.
Venueisproper
in
this
Court under 28
U.S.C.
$
1391 because
a
substantial
part
of
the
events
givingrise
to
the
claims at
issue
occurred
in
this
judicial
district
and
because
Thermolife
issubject to
personal
jurisdictionwithin
this
judicial
district.
2
 
FACTUALBACKGROUND
6.
Labrada
wasfounded
in
1996 and has since
maintained
itsprincipal
place
of
business
in
Houston,
Texas.
It
employs approximately
30
people
at
its
headquarlers
in
Houston, where
it
conceives, designs, develops and markets
sports
nutritionproducts.
Its
products
accused
of
infringement
here were
likewise
conceived,
designed,
developed,
and
marketedat
that
lo
cation.
7.
Thermolife
purportsto
be
the exclusive
licensee
of
the'006
Patent.
The
'00óPatent
is
entitled
"Enhancement
of
vascular
function
by
modulation
of
endogenous
nitric
oxideproductionor
activity''
and
issued
on
November
11,
2003.
A
copy
of
the'006
Patent
is
attached
as
Exhibit
"4."
8.
Thermolife
purportsto
be
the exclusive
licensee
of
the
'8J2
Patent.
The '872
Patent
is
entitled
"Enhancement
of
exercise
performance
by
augmenting
endogenous
nitric
oxideproductionor
activity"
and
issuedon September
12,2000.
A
copy
of the'872
Patent
is
attached
as
Exhibit
"8."
9.
Thermolife
purportsto
be
theexclusive
licensee
of
the
'91ó
Patent.
The'916
Patent
is
entitled
"Enhancement
of
vascular
function
by
modulation
of
endogenous
nitric
oxideproduction
or
activity"
and
issued
on
November
18,
2008.
A
copy
of
the'916
Patent is
attached
as
Exhibit
"C."
10.
Thermolife
purportsto
be the
exclusive
licensee
of
the'452Palen|".
'lhe'452
Patent
is
entitled "Treatment
of
vasculardegenerative
diseases
by
modulation
of
endogenous
nitric
oxideproductionor
activity
"and
issued
on
August
31,1999. A
copy
of the
'452Patent
is
attached
as
Exhibit
"D."
1
1.
Thermolife
purportsto
be the
exclusive
licensee
of the'058Patent. The
'058Patent
is
entitled
"Intramuraldeliveryof
nitric
oxide
enhancer
for inhibiting
lesion formation
J

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