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Magpul Industries v. Plinker Arms, LLC dba Plinker Tactical

Magpul Industries v. Plinker Arms, LLC dba Plinker Tactical

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01984: Magpul Industries, Corp. v. Plinker Arms, LLC dba Plinker Tactical. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l8NX for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01984: Magpul Industries, Corp. v. Plinker Arms, LLC dba Plinker Tactical. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l8NX for more info.

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Published by: PriorSmart on Jul 25, 2013
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07/25/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No.MAGPUL INDUSTRIES, CORP.,Plaintiff,v.PLINKER ARMS, LLC
dba
 PLINKER TACTICAL,Defendant.
COMPLAINT FOR PATENT INFRINGEMENTDEMAND FOR JURY TRIALPARTIES
 1. Plaintiff Magpul Industries, Corp. (“Plaintiff”) is a Delaware corporation with its principal place of business located in Erie, Colorado. Plaintiff’s business consists primarily of the design, manufacture and sale of products that are used as accessories to firearms.2. Upon information and belief, Defendant Plinker Arms, LLC
db
a Plinker Tactical(“Defendant”) is a North Carolina limited liability company with its principal place of businessat 18636 Starcreek Drive, Suite G, Cornelius, North Carolina 28031. Defendant has been sellingand offering to sell infringing ammunition magazines within the United States, and within thisDistrict, all without consent from Plaintiff. Defendant’s infringing products include, but are notnecessarily limited to, the AR 30-round polymer magazine.
 
 
JURISDICTION
3.
 
The Court has subject matter jurisdiction of this action under 28 U.S.C. §1331 and §1338(a)in that it arises under the United States Patent Laws.4.
 
Defendant is subject to this Court’s specific and general personal jurisdiction becauseDefendant conducts business in this Judicial District, has committed the acts complained of in thisJudicial District, and has caused injury to Plaintiff within this Judicial District by virtue of the acts of  patent infringement that are described herein.5.
 
Venue is proper in this Judicial District pursuant to 28 U.S.C. §§1391(b), (c) and 1400(b).Defendant is transacting, doing and/or soliciting business and committing acts of patent infringementin this Judicial District and elsewhere in the United States.
FIRST CAUSE OF ACTION(Infringement of the ‘601 Patent)
6.
 
Plaintiff incorporates by reference and realleges each of the allegations set forth in paragraphs 1-5 above.7.
 
On December 6, 2011, U.S. Patent No. 8,069,601 (the ‘601 Patent), entitled AmmunitionMagazine, was issued for the invention of a novel ammunition magazine. Plaintiff has owned this patent throughout the period of Defendant’s infringing acts and still owns this patent.8.
 
Defendant has infringed and is still infringing the ‘601 Patent by making, selling, and usingammunition magazines that embody the patented invention, and Defendant will continue to do sounless enjoined by this court.
SECOND CAUSE OF ACTION(Infringement of the ‘D293 Patent)
9.
 
Plaintiff incorporates by reference and realleges each of the allegations set forth in paragraphs 1-5 above.
 
 10.
 
On August 30, 2011, U.S. Patent No. D644,293 (the ‘D293 Patent), entitled MagazineFollower, was issued for the invention of a novel design for a magazine follower. Plaintiff hasowned this patent throughout the period of Defendant’s infringing acts and still owns this patent.11.
 
Defendant has infringed and is still infringing the ‘D293 Patent by making, selling, and usingmagazine followers that embody the patented invention, and Defendant will continue to do so unlessenjoined by this court.
THIRD CAUSE OF ACTION(Infringement of the ‘D545 Patent)
12.
 
Plaintiff incorporates by reference and realleges each of the allegations set forth in paragraphs 1-5 above.13.
 
On July 27, 2010, U.S. Patent No. D620,545 (the ‘D545 Patent), entitled Casing for anAmmunition Magazine for a Rifle, was issued for the invention of a novel design for a casing for anammunition magazine for a rifle. Plaintiff has owned this patent throughout the period of Defendant’s infringing acts and still owns this patent.14.
 
Defendant has infringed and is still infringing the ‘D545 Patent by making, selling, and usingcasings for ammunition magazines for rifles that embody the patented invention, and Defendant willcontinue to do so unless enjoined by this court.
REQUEST FOR RELIEF
Therefore, Plaintiff requests for judgment:1. That Defendant has infringed the ‘601, ‘D293, and ‘D545 Patents;2. That Plaintiff be awarded damages from patent infringement according to proof and ordering that such damages be multiplied up to treble their amount;3. Preliminary and permanently enjoining Defendant and all others acting in concert withDefendant from making, using, selling, or offering to sell the infringing ammunition magazines,or any other product that infringes the ‘601, ‘D293, and ‘D545 Patents without permission or 

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