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Magpul Industries v. Big Rock Sports, LLC dba Swamp Fox Combat Gear

Magpul Industries v. Big Rock Sports, LLC dba Swamp Fox Combat Gear

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01982-RBJ: Magpul Industries, Corp. v. Big Rock Sports, LLC dba Swamp Fox Combat Gear. Filed in U.S. District Court for the District of Colorado, the Hon. R. Brooke Jackson presiding. See http://news.priorsmart.com/-l8NV for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01982-RBJ: Magpul Industries, Corp. v. Big Rock Sports, LLC dba Swamp Fox Combat Gear. Filed in U.S. District Court for the District of Colorado, the Hon. R. Brooke Jackson presiding. See http://news.priorsmart.com/-l8NV for more info.

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Published by: PriorSmart on Jul 25, 2013
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08/09/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No.MAGPUL INDUSTRIES, CORP.,Plaintiff,v.BIG ROCK SPORTS, LLC,
dba
SWAMP FOX COMBAT GEAR Defendant.
COMPLAINT FOR PATENT INFRINGEMENTDEMAND FOR JURY TRIALPARTIES
 1. Plaintiff Magpul Industries, Corp. (“Plaintiff”) is 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 Big Rock Sports, LLC
dba
Swamp Fox CombatGear (“Defendant”) is a North Carolina corporation with its principal place of business at 173Hankison Drive, Newport, North Carolina 28570. Defendant has been selling and offering tosell infringing ammunition magazines within the United States, and within this District, allwithout consent from Plaintiff. Defendant’s infringing products include, but are not necessarilylimited to, the TMG-M30-P01 30-round lightweight polymer magazine for AR-15/M16 firearms.
 
 
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).Defendants are transacting, doing and/or soliciting business and committing acts of patentinfringement in 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 B1 (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.
REQUEST FOR RELIEF
Therefore, Plaintiff requests for judgment:1. That Defendant has infringed the ‘601 Patent;2. That Plaintiff be awarded damages from patent infringement according to proof and ordering that such damages be multiplied up to treble their amount;

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