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Precision Dynamics v. Typenex Medical

Precision Dynamics v. Typenex Medical

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Published by PatentBlast
Precision Dynamics v. Typenex Medical
Precision Dynamics v. Typenex Medical

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Published by: PatentBlast on Aug 01, 2013
Copyright:Attribution Non-commercial

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04/19/2014

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QB\22043693.1
 
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WISCONSIN
PRECISION DYNAMICS CORPORATION,Plaintiff,v. Case No. 2:13-cv-860TYPENEX MEDICAL, L.L.C.Defendant.
COMPLAINT
Plaintiff, Precision Dynamics Corporation, by its attorneys Quarles & Brady LLP, for itsComplaint against Defendant alleges as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement and trademark infringement broughtunder the patent laws of the United States, 35 U.S.C. § 1,
et seq.
and the Trademark Act of 1946, as amended (the Lanham Act, 15 U.S.C. §§1051 et seq.) Plaintiff seeks injunctive relief and damages arising from Defendant’s infringement of U.S. Patent No. 8,296,982 (the ‘982Patent) and U.S. Trademark Reg. No. 3,082,443.
 
 2
QB\22043693.1
 
THE PARTIES
2.
 
Plaintiff Precision Dynamics Corporation (“Precision Dynamics”) is a CaliforniaCorporation with its principal place of business located at 27770 North Entertainment Dr., Ste.200, Valencia, California 91355.3.
 
Precision Dynamics is a manufacturer of identification bands with adhesive labelsof the sort that are often used for patient identification by hospitals and doctors’ offices.4.
 
Defendant Typenex Medical, L.L.C. is a limited liability company with itsheadquarters at 303 East Wacker Drive, Suite 1200, Chicago, IL 60601.5.
 
Typenex is a direct competitor of Precision Dynamics in the field of identification bands.6.
 
Typenex conducts business in this judicial district by promoting, distributing,selling, and offering to sell products, including the infringing identification bands, directly toconsumers within this judicial district.
JURISDICTION AND VENUE
7.
 
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and1338, with reference to the United States Patent Laws, Title 35 of the United States Code and theLanham Act §32 (15 U.S.C. § 1114).8.
 
This Court has personal jurisdiction over Defendant under 28 U.S.C. § 1400 andWis. Stat. § 801.05.9.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400.
 
 3
QB\22043693.1
 
THE PATENT-IN-SUIT
 10.
 
On October 30, 2012, U.S. Patent No. 8,296,982 entitled “Form For Wristbandwith Adjacent Labels” was duly and legally issued by the United States Patent and Trademark Office. A copy of the ‘982 Patent is attached as
Exhibit A
.11.
 
Precision Dynamics is the owner by assignment of the entire right, title andinterest in the ‘982 Patent.12.
 
The ‘982 Patent relates to an improved identification band, such as a wristband,that is designed to include preprinted adhesive labels having correlated unique identificationcodes on the band and on each label. This invention is useful in a variety of circumstances,including in hospitals, laboratories, and doctors’ offices.
TRADEMARK AT ISSUE
13.
 
Precision Dynamics is the owner of the CONTOURBAND trademark for non-metallic identification wristbands.14.
 
Precision Dynamics filed an application to register the CONTOURBANDtrademark for non-metallic identification wristbands with the United States Patent andTrademark Office on April 26, 2005, and the mark issued as a registered trademark on April 18,2006. Attached as
Exhibit B
is a true and correct copy of this trademark registration.15.
 
U.S. Registration Number 3,082,443 is valid, subsisting, and incontestable.16.
 
Precision Dynamics has used the CONTOURBAND trademark throughout theUnited States in connection with promoting its identification bands.17.
 
Precision Dynamics has invested a significant amount of time, manpower andfinancial resources to develop the consumer goodwill and high quality that is now associatedwith the CONTOURBAND trademark.

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