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Voltstar Technologies, Inc. f/k/a Horizon Technologies v. Amazon.Com

Voltstar Technologies, Inc. f/k/a Horizon Technologies v. Amazon.Com

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-05570: Voltstar Technologies, Inc. f/k/a Horizon Technologies, Inc. v. Amazon.Com, Inc. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l8S3 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-05570: Voltstar Technologies, Inc. f/k/a Horizon Technologies, Inc. v. Amazon.Com, Inc. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l8S3 for more info.

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Published by: PriorSmart on Aug 05, 2013
Copyright:Public Domain

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05/14/2014

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UNITED
STATES
DISTRICTCOURT
FOR
THENORTHERN
DISTRICT
OF
ILLINOIS
EASTERN
DIVISION
VOLTSTAR
TECHNOLOGIES,
INC.
f/k/a
HORIZON
TECHNOLOGIES. INC.
CASENO.:Plaintiff,
V.
AMAZON.COM, INC.
a
Delawarecorporation,Defendant.
COMPLAINT
FOR DESIGN
PATENT
INFRINGEMENT
JURY
TRIAL
DEMANDED
Plaintiff
VOLTSTAR
TECHNOLOGIES,
INC. f/k/a
HORIZON
TECHNOLOGIES,fNC.,by
and
through
undersigned
counsel,
brings
this
civil
action
for
patent
infringement
against
Defendant,
and
alleges
as
follows:
1.
This
is
an action
for
patent
infringementarising under thepatentlaws
of
the
United
States,
35
U.S.C,
$$
271,
et
seq.,
to
enjoinand
obtain
damages
resulting
fromDefendant'sunauthorized
importation
for
sale,
manufacture,use, and
offer
to
sell
a
universal
serial
bus
(USB)
electrical
charger
that
infringes
United
States
Design
Patent
No.
D587,192
entitled
"Electrical
Charser."
 
PARTIES.
JURISDICTIONANDVENUE
2.
Plaintiff
VOLTSTAR
TECHNOLOGIES,
INC. flWa
HORIZONTECHNOLOGIES,
INC.
("Voltstar")
is
an
Illinois
corporation
with its
principalplace
of
business
at
1320
Tower
Road,Schaumburg,
Illinois
60173.
3.
Defendant
AMAZON,COM,INC.("Amazon")
is
a
Delaware corporation
with
its
principal
place
of
business
at
4I0
Terry
Avenue
North,
Seattle,
Washington
98109.
4.
Pursuant
to
735
ILCS
512-209, Amazon
is
subject
to
personal
jurisdictionwithin
this
judicial
district
and
division
because
it
operates,
conducts,
engages
in,
or
carrieson
business
within this
state,
judicial
district
and
division,
and/or
has
an
office or
agency
within
this
state,
judicial
district
and
division.
5.
In
addition,
Amazon
is
subject
to
personal
jurisdiction
within
this
judicial
district
and
division
because
the
unlawful
conduct
of Amazontook
place
within
this
judicial
district
and
division,
and
jurisdictionover
Amazon
will
not
offend traditional
notions
of
fair
play
andsubstantial
justice.
6.
This
Courthas
exclusive
subject matter
jurisdiction
pursuant
to
28
U.S.C.$1338(a)under the
Patent
Lawsof
the
United
States.
7.
Venue
is
proper
in
this
judicial
district
and
division
pursuant
to
28
U.S.C.
$1400(b)
and
28
U.S.C.
$1391
(b)
becauseAmazon has
committed
acts
of
infringement
within
this
judicial
district
and
division.
THEPATENT-IN-SUIT
8.
Prior
toNovember
28,2007,
James
W.McGinley,
DonaldRimdzius,
and
Joseph
L,
Kapushion,
invented
a
new
and
novel
ornamentaldesign
for
an
electrical
charger.
-l
J
 
9.
McGinley,
Rimdzius,and Kapushionapplied
for
and
obtained
United
States
Design
Patent
No.
D587,192 entitled
"Electrical
Charger"
which
was
duly
and
legally
issued
on
February
24,2009
(the'192
Patent).
A
true
and
correct
copy
of
the
'lg2Patent is
attached
as
Exhibit A.
10.
McGinley,
Rimdzius
and
Kapushion
assigned
all right, title
and
interest
in
and
tothe
'192
Patent
to
Plaintiff
on
November30.
2007
.
I
l.
The'192
patentclaimsthe
following
ornamentaldesign
for
an
electrical
charger:
FIGURE
1

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