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MIH International v. Banyan Health Care Products

MIH International v. Banyan Health Care Products

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Published by PatentBlast
MIH International v. Banyan Health Care Products
MIH International v. Banyan Health Care Products

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Published by: PatentBlast on Jul 28, 2013
Copyright:Attribution Non-commercial

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07/04/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
 MIH International, LLC, )) Case No. _____________________ Plaintiff, )) JURY TRIAL DEMANDEDv. ))Banyan Health Care Products, Inc., ))Defendant. )
COMPLAINT
 Plaintiff, MIH International, LLC, by and through its attorneys, submits this Complaintagainst Defendant Banyan Health Care Products, Inc., and in support thereof, states as follows:
THE PARTIES
1.
 
Plaintiff MIH International, LLC (“MIH”) is a Delaware limited liability companywith its principal place of business at 112 Capitol Trail, Newark, Delaware 19711.2.
 
The patent-in-suit is U.S. Patent No. 7,765,619 B2 (“the ’619 Patent”). A true copyof the ’619 Patent is attached hereto as Exhibit 1.3.
 
All rights, title, and interest in the ‘619 Patent are assigned to MIH.4.
 
Defendant Banyan Health Care Products, Inc. (“Banyan”), on information and belief,is a Florida corporation with its principal place of business located at 2828 South SeacrestBoulevard, Suite 202, Boynton Beach, Florida, 33435. Defendant Banyan may be served byserving its registered agent, Jordan Litten at 2828 South Seacrest Boulevard, Suite 202, BoyntonBeach, Florida, 33435.
 
2
JURISDICTION AND VENUE
 5.
 
This is an action for patent infringement of a United States patent. Accordingly, thisaction arises under the patent laws of the United States of America, 35 U.S.C. §§ 1
et seq.
 6.
 
Jurisdiction for this action is based on 35 U.S.C. § 271 and 28 U.S.C. §§ 1331 and 1338(a).7.
 
Upon information and belief, Defendant Banyan has been and is actively solicitingand doing business in the State of Delaware, and has attempted to derive and/or is derivingfinancial benefit from doing business with residents of the State of Delaware, including financial benefits directly related to the instant cause of action for patent infringement.8.
 
Upon information and belief, Defendant Banyan has committed and continues tocommit acts of patent infringement in this district, and, therefore, this Court also has specific jurisdiction of Defendant Banyan.9.
 
Promotional and sales material associated with Defendant Banyan’s infringing products, including its “Maverick” family of orthopedic braces, is included on pages of itsInternet Web Site http://www.banyanhealthcare.com/productcategory/product/#back /, which isaccessible in this judicial district. In addition, Internet advertisements for the sale or distributionof Defendant Banyan ’s infringing products are made available in this judicial district on at leastthe following Internet Web Sites as of the date of filing this action: http://www.cascade-usa.com/products/NEW%20PRODUCTS/BANYAN%20HEALTHCARE%20NP.aspx.10.
 
Defendant Banyan, upon information and belief, employs a regional representativeresponsible for generating sales orders for Defendant’s infringing products within this judicialdistrict.
 
311.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b) in that,among other things, the acts of infringement complained of have been committed in this judicialdistrict.
FACTS
 12.
 
On August 3, 2010, United States Patent No. 7,765,619 B2 entitled “Corset” was dulyand legally issued to inventor Jean-Patrick Jaccard.13.
 
Inventor Jaccard assigned all rights, title, and interest in the ‘619 Patent to Sports &Supports Limited, an Irish corporation. Sports & Supports has assigned all rights, title, and interest in the ‘619 Patent to Plaintiff MIH.14.
 
Plaintiff MIH sells and distributes products manufactured pursuant to the claims inthe ‘619 Patent. MIH’s products are marketed and sold in this district and throughout the United States.15.
 
Plaintiff MIH is in compliance with all marking and notice provisions of 35 U.S.C. §287.
FIRST CAUSE OF ACTION(Claim for Patent Infringement)
16.
 
Plaintiff MIH repeats and re-alleges each and every statement contained in the preceding paragraphs as if fully set forth at length herein.17.
 
Defendant Banyan has infringed and/or continues to infringe the ‘619 Patent in thatwithout authority it makes, uses, offers to sell, and/or sells the patented invention within theUnited States and/or imports into the United States the patented invention.18.
 
Defendant Banyan’s products that infringe on Plaintiff’s ‘619 Patent, include, but arenot limited to, Defendant Banyan’s Maverick family of orthopedic braces, , on information and  belief.

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