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Lifetime Industries v. Trim-Lok

Lifetime Industries v. Trim-Lok

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Published by PatentBlast
Lifetime Industries v. Trim-Lok
Lifetime Industries v. Trim-Lok

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Published by: PatentBlast on Aug 16, 2013
Copyright:Attribution Non-commercial

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08/16/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF INDIANA
Z013
LIFETIME INDUSTRIES, INC.53208 Columbia DriveElkhart, Indiana 46514Plaintiff,
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TRIM
-LOK,
Inc.6855 Hermosa CircleBuena Park, CA 90622Defendant.
JURY TRIAL DEMANDCOMPLAINT FOR PATENT INFRINGEMENT
f').
]
;".
/
.
Plaintiff, Lifetime Industries, Inc.
(ilL
TI"), by and through the undersigned counsel,files this Complaint for patent infringement against Defendant, Trim-Lok, and hereby alleges
as
follows:
NATURE
OF
THE
ACTION
1.
This is a civil action for patent infringement.
Plaintiffs
claims are based on theunauthorized, infringing manufacture, use, importation, sale and/or offer for sale
by
Defendant
of
its seal products including, for example, the two-part seal for a slide-out room product.
THE
PARTIES
2.
Plaintiff LTI is a corporation organized and existing under the laws
of
the State
of
Minnesota having a principal place
of
business at 53208 Columbia Drive, Elkhart, Indiana46514.
3.
Defendant Trim-Lok is a corporation organized and existing under the laws
of
the State
of
California having a principal place
of
business at 6855 Hermosa Circle, BuenaPark, CA 90622.
3008053
 
JURISDICTION AND VENUE
4.
This is
an
action for patent infringement arising under the provisions
of
thePatent Laws
of
the United States,
35
U.S.c.
§§
271,
281
and 283-285. This Court has subjectmatter jurisdiction pursuant to
28
U.S.c.
§§ 1331
and 1338(a).
5.
Defendant offers for sale and/or sells infringing products which are the subject
of
the patent infringement cause
of
action set forth herein.
6.
Defendant has offered for sale and/or sold infringing products within thisjudicial district.
7.
This Court has personal jurisdiction over Defendant.
8.
Venue is proper in this Court pursuant to
28
U.S.c.
§§1391 and 1400(b).
PATENT-IN-SUIT
9.
On November
22,2005,
the United States Patent and Trademark Office duly andlegally issued United States Patent No. 6,966,590 ("the '590 patent"), which is attached hereto
as
Exhibit
A.
10.
Plaintiff LTI is the owner
of
all right, title and interest in and to the '590patent, including the right to sue for and recover all past, present and future damages forinfringement
of
the '590 patent.
DEFENDANT'S INFRINGING ACTS
11.
Defendant makes, uses, sells, offers for sale and/or imports products in and/orinto the United States that infringe one or more claims
of
the '590 patent under United Stateslaw. These products include mounting portion and a separate bulb portion that is slidably
cOID1ected
to the mounting portion.
COUNT
1
(INFRINGEMENT
OF THE
'590 PATENT)
12.
Plaintiff repeats and realleges the allegations
of
Paragraphs 1
to
11
above,
as
if
2
 
set forth herein.13. Defendant has infringed and
is
infringing at least claim 1
of
the '590 patent bymaking, using, offering for sale and/or selling the infringing products and will continue
to
do
so unless enjoined
by
this Court.
14.
Defendant has induced others including its distributors, sales representatives,resellers, dealers and customers, to infringe at least claim 1
of
the '590 patent
by
making,using, offering for sale and/or selling the infringing products, and will continue
to do
so
unlessenjoined
by
this Court.15. Defendant has known about the '590 patent since it issued. Additionally,Plaintiff gave actual notice to Defendant that it infringes the '590 patent on July 15, 2013.Defendant acted despite an objectively high likelihood that its actions constituted infringement
of
a valid patent and/or that it knew or should have known that its actions demonstratedinfringement
of
a valid patent. Accordingly, Defendant's acts
of
infringement from at least July15,2013, constitute willful infringement
of
the '590 patent.
16.
Defendant's infringement
of
the '590 patent has damaged Plaintiff and willcontinue to cause Plaintiff substantial and irreparable harm unless enjoined by this Court.
PRAYER FOR
RELIEF
WHEREFORE, Plaintiff prays that this Court enter judgment that:
A.
the '590 patent is directly infringed
by
Defendant;B. the
'590
patent is indirectly infringed
by
Defendant;
C.
Defendant's infringement
of
the '590 patent has been willful;D. Defendant be preliminarily and permanently enjoined from manufacturing,
us}.ng,
selling and offering to sell the infringing products in the United States prior
to
theexpiration
of
the '590 patent;
E.
Plaintiff
be
awarded damages adequate to compensate it for Defendant's
3

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