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3M Company et. al. v. Farecla Products

3M Company et. al. v. Farecla Products

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 0:13-cv-02019: 3M Company et. al. v. Farecla Products Inc. Filed in U.S. District Court for the District of Minnesota, no judge yet assigned. See http://news.priorsmart.com/-l8Pi for more info.
Official Complaint for Patent Infringement in Civil Action No. 0:13-cv-02019: 3M Company et. al. v. Farecla Products Inc. Filed in U.S. District Court for the District of Minnesota, no judge yet assigned. See http://news.priorsmart.com/-l8Pi for more info.

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Published by: PriorSmart on Jul 26, 2013
Copyright:Public Domain

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01/01/2014

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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA
3M COMPANY and 3M INNOVATIVEPROPERTIES COMPANY,Plaintiffs,vs.FARÉCLA PRODUCTS INC.,Defendant.
Civil No.DEMAND FOR JURY TRIALCOMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs 3M Company
(“3M Co.”) and 3M Innovative Properties Company (“3MInnovative Properties”) (collectively, “3M”) for their Complaint against Farécla Products Inc.(“Farécla”)
hereby allege and state:
PARTIES
1.Plaintiff 3M Co. is a corporation organized and existing underthelaws of thestate of Delawarewith its principal place of business at 3M Center, St. Paul, Minnesota.2.Plaintiff 3M Innovative Properties is a corporation organized and existing underthe laws of the state of Delaware with its principal place of business at 3M Center, St. Paul,Minnesota.3.On information and belief, Farécla is a corporation organized and existing underthe laws of Delawarewith its principal place of business at 7160 Chagrin Road,Suite 220,Chagrin Falls, Ohio, 44023.
JURISDICTION AND VENUE
4.This is a claim for patent infringement pursuant to 35 U.S.C. § 271 et seq. This
Court has subject matter jurisdiction over 3M’s claims pursuant to 28 U.S.C. §§ 1331 and 1338.
 
25.Faclais subject to personal jurisdiction in this District. On information andbelief,Farécladoes business throughout the United States, including this judicial district. Underthe Minnesota Long Arm Statute, Minn. Stat. § 543.19,Faréclatransacts business in Minnesotaand/or has committed acts of patent infringement within and/or outside Minnesota that havecaused injury in Minnesota.6.Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 (b) and (c) and1400(b).
3M’S PATENT
-IN-SUIT
7.OnJune 3, 2008,the United States Patent and Trademark Office duly and legallyissued United States Patent No. 7,
381,231 (“the ‘231patent”). The
231patent is entitled
“Finishing Compositions with Reduced Volatile Organic Compounds.”
A true and correct copy
of the ‘
231patent is attached hereto as Exhibit A.8.3M Innovative Propert
ies owns all right, title and interest to the ‘
231patent.9.3M Co.has anexclusive licenseunder
the ‘
231patent.
DEFENDANT’S INFRINGING ACTIVITIES
10.On information and belief,Faclamakes, uses, and/or offers for sale productsthat infringe at least one c
laim of the ‘
231
 patent, including at least products known as the “
G3
Ultra Abrasive Compound” (the “G3 Ultra Compound”)
. A true and correct copy ofpromotionalmaterials for the G3 Ultra Compoundis attached hereto as Exhibit B.11.Faclamaintains a website atwww.faclainc.com. TheFaclawebsiteprovides informationabout
Farécla’s G3 Ultra Compound
. TheFaréclawebsite also includes anonlinecatalogue of products and a supplier locator foritsproducts.
 
3
THE HARM TO 3M
12.Faréclahas, by its infringing conduct, caused 3M irreparable harm for which thereis no adequate remedy at law.13.3M has suffered damage as a result ofFacla
’s infringement to date.
14.This is an exceptional case under 35 U.S.C. § 285.
COUNT I: INFRINGEMENT OF THE
231PATENT
15.3M incorporates the allegations contained in the above paragraphs as though fullyset forth herein.16.Faréclahas been and now is directly infringing, actively inducing others to
infringe and/or contributing to the infringement of the ‘
231patent by making, using, sellingand/or offering for sale products, including at least the G3 Ultra Compound, in violation of 35U.S.C. § 271.17.Faréclawill continue to directly infringe, actively induce others to infringe and/or
contribute to the infringement of the ‘
231patent unless and untilFaclais enjoined by thisCourt.18.On information and belief,Faclahas been and now is contributing to and
inducing infringement of the ‘
231patent by offering to sell and selling products intended to
 practice one or more claims of the
231patent, including at leastthe G3 Ultra Compound. Oninformation and belief, the infringing products are intended to be made or adapted for use in
 practicing one or more claims of the
231patent, and the infringing products are not staplearticles orcommodities of commerce suitable for substantial non-infringing use. On informationand belief,Faréclais and has been aware, through actual knowledge or willful blindness, that theinfringing products would be used to practice one or more claims of the
231patent.

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