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Mars v. Trurx et. al.

Mars v. Trurx et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00526: Mars, Inc. v. Trurx LLC et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8GV for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00526: Mars, Inc. v. Trurx LLC et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8GV for more info.

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Published by: PriorSmart on Jul 09, 2013
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09/26/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTYLER DIVISION
MARS, INC.,Plaintiff,v.TRURX LLC; TRUE SCIENCEHOLDINGS, LLC; AND NATURALPOLYMER INTERNATIONALCORPORATION,Defendants.§§§§§§§§§§§§Civil Action No. 6:13-cv-526JURY TRIAL DEMANDED
COMPLAINT
Plaintiff Mars, Inc. ( “Mars”), for its Complaint against Defendants TruRX LLC(“TruRX”), True Science Holdings, LLC (“True Science”), and Natural Polymer InternationalCorporation (“NPIC”) (collectively “Defendants”), hereby alleges as follows:
PARTIES
1.
 
Plaintiff Mars, Inc. is a corporation organized and existing under the laws of theState of Delaware, having a principal place of business at 6885 Elm Street, McLean, Virginia22101.2.
 
Upon information and belief, Defendant TruRX is an Idaho limited liabilitycompany having a principal place of business at 500 E. Shore Drive, Eagle, Idaho 83616.TruRX is also known as, and does business as, VetIQ.3.
 
Upon information and belief, Defendant True Science is an Idaho limited liabilitycompany having a principal place of business at 500 E. Shore Drive, Eagle, Idaho 83616.4.
 
Upon information and belief, Defendant NPIC is a Delaware corporation having a principal place of business at 1909 10
th
Street, Suite 100, Plano, Texas 75204.
 
 2
NATURE OF THE ACTION
5.
 
This is a civil action for infringement of United States Patent Nos. 6,495,176 (“the’176 Patent”) and 6,652,892 (“the ’892 Patent”). (Exhibits A-B). This action is based upon thePatent Laws of the United States, 35 U.S.C. § 100 et seq.
JURISDICTION AND VENUE
6.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. §§ 1331, 1332, and 1338(a).7.
 
Venue is proper in this District under Title 28 U.S.C. §§ 1391 and 1400(b), because Defendants are subject to personal jurisdiction in this judicial district and havecommitted acts of infringement in this judicial district.8.
 
Personal jurisdiction exists over Defendant NPIC because its principal place of  business is located in the Eastern District of Texas at 1909 10
th
Street, Plano, Texas 75204.Upon information and belief, NPIC also manufactures at least some of the infringing productswithin this district.9.
 
Personal jurisdiction exists over the remaining Defendants because, uponinformation and belief, they have sufficient minimum contacts with the forum as a result of  business conducted within Texas and within this judicial district. Upon information and belief,TruRX entered into a Trademark Purchase and Assignment Agreement and ManufacturingAgreement with NPIC for the sale, marketing, and manufacture of infringing products, includingthe manufacture of the MINTIES® line of pet food products within this district.10.
 
Personal jurisdiction also exists over the Defendants because, upon informationand belief, they have sold and offered to sell infringing products in this district or, uponinformation and belief, have placed those infringing products into the stream of commerce byeither shipping those products into this judicial district or knowing that the products would be
 
 3shipped into this judicial district, and such products therefore have been offered, purchased, andsold in this judicial district.
BACKGROUND
11.
 
On December 17, 2002, the ’176 Patent, entitled “Animal Food Composition,”was duly and legally issued to Mars UK, Limited as assignee.12.
 
Mars, Inc. is the current assignee of the ’176 Patent.13.
 
On November 25, 2003, the ’892 Patent, entitled “Animal Food Composition,”was duly and legally issued to Mars UK, Limited as assignee. The ’892 Patent is a continuationof the ’176 Patent.14.
 
Mars, Inc. is the current assignee of the ’892 Patent.15.
 
Upon information and belief, NPIC first manufactured and sold the MINTIES®line of pet food products at least as early as 2007.16.
 
In September of 2012, NPIC transferred the trademark rights and goodwill relatedto the MINTIES® brand to TruRX for consideration and a binding manufacturing agreement for the manufacture of the MINTIES® line of pet food products.
See
Exhibit C.17.
 
Shortly after that transfer, TruRX had the MINTIES® line of pet food productsmanufactured by, on information and belief, NPIC, and possibly others18.
 
Upon information and belief, NPIC currently manufactures the MINTIES® lineof pet food products under the direction and control of TruRX and True Science.19.
 
Mars Petcare US, Inc., which is a subsidiary of Mars, sells and distributes theBREATHBUSTER® and DENTASTIX® lines of pet food products that directly compete withthe MINTIES® line of pet food products. These products are covered by the ’176 and ’892Patents.

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