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Dixon v. Elnekaveh Et. Al.

Dixon v. Elnekaveh Et. Al.

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Published by PatentBlast
Dixon v. Elnekaveh et. al.
Dixon v. Elnekaveh et. al.

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Published by: PatentBlast on Sep 23, 2013
Copyright:Attribution Non-commercial

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02/14/2014

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IJNITED STATES DISTRICT COIJRT
FOR THE SOUTIIERN DISTRICT OF FLORIDA
CASE NO.ROY J. DIXONPlaintx,
VK
ALEXANDER ELNEKAVEH d/b/a,
GRAVITY DEFYER lNC.,lNN o I N ,IZARD
AROA MARUTIN G GADGET IJMVERS ,
STRONG IDEA, and ESRIM VE SMVAHOLDING CORR,
Defendants.
JURY DEMmED/
COMPLMNT
'Ihis action arises under 35 USC j 271 agsinKt the Defendants Alexander Elnekaveh Wbl%
Gravity Defyer Inc., Innovation Wizxrd, Aroa Marketing, Gadget Universe, Skong Idew lnc
.,
and
Esrim Ve Sheva Holding Corp., Crefendnntsn) for patent infringement.
13-cv-80949-Ryskamp/Hopkins
13-cv-80949-Ryskamp/Hopkins
 
1. JIJRISDICTION
This Court has jurisdiction over the subject matter of this complaint pursusnt to under 35 USC
j 271. ne amount in controversy exceeds $75,000.00.
2. 'Ihis Court may exercise mrsonal jurisdiction over the aMve Defendnnts bsKe.d umn its
contacts w1t11 thisjudicial disGct.
3. Venue is promr in thisjudicial district pursllnnt to 35 USC j 271.
II. TIIE PARTIES
4. Plaintif Roy J Dixon, C Dixon'') is the owner of the United States Patent N0.6,546,648, and a
resident of the State of Floridw residing at 163 mvera Court Royal Pslm Beach, Florida 33411
.
5. Defendnnt Alexander Elnekaveh, is the owner of GOWT Defyer lnc., Innovaion Wizard,
Aroa Marketing, Gadget Universe, Skong Idea Inc., and Esrim Ve Sheva Holding Cormratiow
Crefendnnts'') with its principal place of business at 10643 Glenoaks Blvd Pacoimw CA 91331
1. STATEGNT OF CASE
6. On April 15, 2003, the United States Patent and Trademark Oœce CPTO'') issued Plaintif
the United States Letters Patent N0.6,546,648, titled, uAthletic Shoe With Stabilized Discrete
Resilient Elements ln Heel''C648''). Since that date, PlaintiFhn. been and sill is the owner of those
Letters Patented. See Plainti/s Exbibit ADefendnnts, have been infringing said Patent Letters since 2006
,
by making, selling, and usingshoes with çfstabilized Discrete Resilient Elements in the heel of the shoes embodying the patented
hwention, and continues to do so unless enjoined by this court.
8. Defendnnts have one store in the State of Florida that sells Gravity Defyer shoes
.
9. Plaintifhas placed the required statutory notice on a11 shoes mantlfactll-zl and sold by theDefendnnts tmder said Letters Patent, and has given written notice to Defendnnts of his said
infringement. S4e Pleti/s Exlzibits B & C
-
2-
13-cv-80949-Ryskamp/Hopkins
 
10. The patent absHct for çç648'' patent reads ms follows:
An athletic shoe includes subentially horizontal chamber substantially within a heel portion of a
midsole, the chamar havily aeospheric commecation at its lateral sides. ne cbamber includes an
upper substanially rigid honzontal plate having at le>ct four amrtures therein and a lower substantially
rigid holizontal supmrt glate having a corresponding ylurality of at le-qKt four apertures. Flexible
resilient unitary sleeves mtegrallyjoin resmctive vertlcal pairs of the amrtures of the upmr and lower
plates xsmctively. Dismsed within each of the resilient sleeves are resilient memYrs each having
spring constant and spring rate Feater tha11 that of the sleeves.
Defendants, infringes said US t$648'' patent letters chim 1 (a)(b)(c), which follows:
Claim 1
1. An aXetic shoe having a subqtantially horizontal chamber subentially within a heel portionof a mid sole thereof, said chamar having a%ospheric communication at lateral sides thereof, the
chamer comprising:
Claim 1. t'Part m b. c)
(a) an upper subsfnntially rigid horizontal supmrt plate having a plumlity of transverse
downwardly directed resilient cavlties therein, each of said caviies defmed by an upmr resilient
sleeve;
(b) a lower subentially rigid horizontal support plate having a corresmndinq ylurality of
upwardly directed resilient cavitles thereins each of said cavities defmed by a lower reslllent sleeve in
which each opposing pair of said vertical cavities comprises resmctive portions of a single
circumferential resilient sleeve deGning an integraéon of said upmr and lower sleeves; and
(c) a pllxmlity of resilient me>nq dismsed within an agvegate length of each opposing pair
of said upper and lower cavities, said resilient mesnK comprising a cylindrical body of a solid resilientmaterial, said Cylindrical body extending downwardly tbrough said lower plate to a Yttommostsurface of an outer sole of said shoe, said resilient m-ns each having a geater spring rate and spring
conRtxnt than that of said resilient sleeve.
Defendants, manufactures and sells a shoe marketed under the name ççcyravity Defyer'' (theçtcyravity Defyernl.
13. Gravity Defyer contains a vacuity in the heel portion of the shoe
,
within which is a set of
three springs, an AVS system that contains Yne -Way Vent and Air Chnnnels''
 
Undemeath the toe
portion of Cvavity Defyer is a second vacuity. Between the flrs't and second vacuities is a air flowpmssageway, which facilitates the movement of air *om the flrst to the second vacuity
.
nis emediment in&inges claim 1, where as the chamer having aeospheric communication at lateral
sides thereof -3-
13-cv-80949-Ryskamp/Hopkins

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