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Blake v. Lisle

Blake v. Lisle

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Published by PatentBlast
Blake v. Lisle
Blake v. Lisle

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Published by: PatentBlast on Aug 22, 2013
Copyright:Attribution Non-commercial

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08/22/2013

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IN THE UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK  ________________________________________ BASIL R. BLAKE,an individualPlaintiff,Case No. ________________ v.LISLE CORPORATION,an Iowa corporation JURY TRIAL DEMANDEDDefendant. ________________________________________ 
COMPLAINT FOR PATENT INFRINGEMENT
 Plaintiff, BASIL R. BLAKE, for his Complaint against LISLE CORPORATION, allegesas follows:
THE PARTIES
1. Plaintiff, BASIL R. BLAKE
(“B
lake
”) is an individual residing at
6481 RapidsRd., Lockport, New York.2. Defendant, LISLE CORPORATION
(“
Lisle
”)
is an Iowa corporation with its principal place of business located at 807 E. Main Street Clarinda, Iowa.
JURISIDCTION AND VENUE
3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331 (federalquestion), §1332(a) (diversity of citizenship), and §1338(a) (question related to patents).4. Venue is proper in this judicial district pursuant to 28 U.S.C. §1391 and §1400.
FACTS GIVING RISE TO PATENT INFRINGEMENT
 5. Blake is the inventor and owner of United States Patent No. 6,195,863 that coversa tool to insert and position the piston into a vehicular disc brake system (the
“B
lake Patent
).
 
26. The piston is an integral portion of a vehicular brake system. The piston islocated inside a caliper, and brake pads are attached to the end of the piston. The driver 
’s action
of depressing the brake pedal causes the piston to slide within the caliper toward the wheel. The brake pad on the end of the piston presses against a rotor which is attached to the wheel. The pressure of the brake pad against the rotor slows the wheel.7. When a mechanic completes the work on the
vehicle’s
brake system, the pistonmust be aligned within the caliper. The Blake Patent describes and covers a tool that assists themechanic in placing the piston in alignment within the caliper.8. After successfully building and testing prototypes of the Blake Tool, Blakereceived the Blake Patent.9. Blake signed an agreement with Inventors Express Services, Inc. whichapproached several companies, including Lisle, regarding a license under the Blake Patent for manufacturing and selling the Blake Tool.10. Lisle never took a license, and now offers to sell and sells in this District its
“Pneumatic Brake Tool” and “Pneumatic Brake Tool Kit W/ Adapters”
that infringe the BlakePatent under 35 U.S.C. §271(a).11.
Lisle’s
infringement of the Blake Patent has been willful.WHEREFORE, Basil R. Blake prays that a judgment be entered in his favor and againstLisle Corporation as follows:(a) Lisle Corporation infringes U.S. Patent No. 6,195,863 under 35 U.S.C. §271;(b)
Lisle Corporation’s
infringement has been willful;(c) Blake be awarded damages pursuant to 35 U.S.C. §284;(d) Blake be awarded prejudgment interest;

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