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Powell v. Prescription Supply et. al.

Powell v. Prescription Supply et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: Powell v. Prescription Supply Inc et. al. Filed in U.S. District Court for the Northern District of Ohio, no judge yet assigned. See http://news.priorsmart.com/-l8Mt for more info.
Official Complaint for Patent Infringement in Civil Action No. None: Powell v. Prescription Supply Inc et. al. Filed in U.S. District Court for the Northern District of Ohio, no judge yet assigned. See http://news.priorsmart.com/-l8Mt for more info.

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Published by: PriorSmart on Jul 22, 2013
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09/24/2013

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIOEASTERN DIVISION
ODIE B. POWELL
, ) CASE NO.115 West Sunflower Street )Ruleville, MS 38771-3837 ) JUDGE:)Plaintiff, ) MAGISTRATE:)vs. )
COMPLAINT FOR PATENT
 )
INFRINGEMENT, AND UNJUST
 
PRESCRIPTION SUPPLY, INC.
, )
ENRICHMENT
 c/o Jacquelyn J. Harbauer, Agent, )2233 Tracy Road ) Northwood, Ohio 43619, )) (Jury Demand Endorsed Hereon)and, ))
MAGNIFYING AIDS, INC.
, )4760 East Bay Drive, Ste. E )Clearwater, Florida 33764, ))Defendants. )) NOW COMES Plaintiff, Odie B. Powell, by and through his undersigned attorneys, and alleges the following in support of his Complaint against the Defendants:
 STATEMENT OF THE CASE
1.
 
Plaintiff seeks legal and equitable remedies for infringement of United States Patent No.6,574,051, for a portable reading magnifier, (hereinafter referred to as the ‘051 patent’)resulting from actions and conduct of Defendants as set forth herein.
JURISDICTION
2.
 
This action arises under the patent laws of the United States, 35 U.S.C. 281, and this Courtfurther has subject matter jurisdiction over all causes of action set forth herein under 28U.S.C. 1331, 1332 and 1338.
 
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3.
 
This Court has personal jurisdiction of Defendants by virtue of Defendants’ transacting any business in Ohio pursuant to Ohio’s long arm statute, and by the sale of products, offer for sale of products, and solicitation of business within the State of Ohio, County of Cuyahoga,and elsewhere, which conduct infringes upon Plaintiff’s patent rights.4.
 
Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400.
THE PARTIES
5.
 
The Plaintiff, Odie B. Powell, is a Mississippi resident having an address at 115 WestSunflower St., Ruleville, MS 38771. The Plaintiff sells his patented products primarilythrough http://obpfullpagemagnifier.com.6.
 
The Defendant, Prescription Supply, Inc., is an Ohio company organized under the laws of the State of Ohio. They have a principal place of business in Ohio located at in Northwood,Ohio. The Defendant conducts online sales through http://www.prescriptionsupply.com, and through ebay.com as “med1965.” (See “Exhibit 1” attached hereto.)7.
 
The Defendant, Magnifying Aids, Inc., is a Florida company with principal offices inClearwater, Florida. They conduct online sales through http://www.magnifyingaids.com,and through ebay.com as “magaids.” (See “Exhibit 2” attached hereto.)
FACTS
8.
 
The Plaintiff invented a portable reading magnifier, which he sought to protect by filing a patent application entitled “PORTABLE READING MAGNIFIER” on December 5, 2001.The United States Patent Office subsequently examined the application and issued toPlaintiff U.S. Patent No. 6,574,051 on June 3, 2003. (A true and accurate copy of the patentis attached hereto as
 
“Exhibit 3.”)
 
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9.
 
The `051 invention was examined in accordance with the Manual of Patent Procedure, and itwas allowed because it is considered to be novel, useful and unobvious.10.
 
The `051 patent has 4 claims, including the following Independent Claim 1:1. A portable reading magnifier comprising:a frame having four corners and formed of a first side frameelement parallel to and opposite a second frame element, wherein each side frameelement is perpendicularly affixed to a top frame element a bottom frame element parallel to and opposite said top frame element, said frame forming an opening;a magnifying lens supported within said opening and circumscribed by said frame;four linearly elongated legs, each said leg pivotally affixed in eachcorner of said frame, each said leg pivotal between a position parallel to said frame to a position perpendicular to said frame.11.
 
Upon information and belief, Defendants are distributors doing business in theUnited States, including in the Northern District of Ohio, promoting, marketing and selling avariety of products for hearing and visually challenged persons.12.
 
The Defendants market and sell a Lighted Full Page Magnifier (hereinafter the“accused product”) that has all of the elements of the independent claim of the ‘051 patent: aframe; a magnifying lens; and, four elongated legs.13.
 
The Plaintiff has not granted a license, an assignment, or any other right toDefendants to make, to use, to offer for sale, or to sell the invention covered by the `051 patent. The conduct committed by Defendants is therefore unlicensed.14.
 
Defendants closely copied the product and the patented technology of Plaintiff’s portable reading magnifier. Upon information and belief, Defendant’s infringement iswillful.15.
 
The Plaintiff is damaged by the foregoing infringing acts of Defendants in a lostroyalty amount to be determined at trial or in an accounting, or lost profits.

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