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Tomahawk 30 Importers et. al. v. International Integration

Tomahawk 30 Importers et. al. v. International Integration

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Published by PriorSmart
Official Complaint for False Marking in Civil Action No. 2:13-cv-07158-PA-PJW: Tomahawk 30 Importers Ltd et. al. v. International Integration LLC. Filed in U.S. District Court for the Central District of California, the Hon. Percy Anderson presiding. See http://news.priorsmart.com/-l9eA for more info.
Official Complaint for False Marking in Civil Action No. 2:13-cv-07158-PA-PJW: Tomahawk 30 Importers Ltd et. al. v. International Integration LLC. Filed in U.S. District Court for the Central District of California, the Hon. Percy Anderson presiding. See http://news.priorsmart.com/-l9eA for more info.

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Published by: PriorSmart on Oct 02, 2013
Copyright:Public Domain

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01/30/2014

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Case 2:13-cv-07158-PA-PJW Document 1 Filed 09/27/13 Page 1 of 53 Page ID #:5
 
 
COMPLAINT - 2
 
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NATURE OF THIS CASE
1.
 
This patent infringement case is brought because DefendantInternatio
nal Integration, LLC (“INTEGRATION”)
has distributed and sold a roof underlayment product known as
Capital 30.
This product infringes United States
Patent No. 8,105,965 (“the ‘965 Patent”)
. (Ex 1). Plaintiff, Tomahawk 30Importers, Ltd.
(“TOMAHAWK”)
is
the exclusive licensee of the ‘965 Patent
.TOMAHAWK is seeking damages and injunctive relief against INTEGRATION
for infringement of the ‘965 Patent. Safeguard 30, LLC (“SAFEGUARD”) is a
direct competitor to INTEGRATION and is seeking damages and injunctive relief 
for the unfair competitive acts of false marking of their product as “Pat
ent
Pending”
and falsely stating on their website (www.capital30.com) that theymanufacture the only synthetic roofing underlayment.
JURISDICTION
2.
 
This action arises under the United States Patent Act, 35 U.S.C. §§ 1,et seq. This Court has subject matter jurisdiction of the claims asserted hereinunder 28 U.S.C. §§ 1331 and 1338(a). The court has pendent jurisdiction over allstate law claims for unfair competition.
Case 2:13-cv-07158-PA-PJW Document 1 Filed 09/27/13 Page 2 of 53 Page ID #:6
 
 
COMPLAINT - 3
 
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PARTIES
3.
 
Plaintiff, Tomahawk 30 Importers, Ltd., is a Canadian corporation and
the exclusive licensee of the ‘965 patent.
4.
 
Plaintiff, Safeguard 30, LLC is an Oregon Limited liability companywith a principal place of business in Beaverton, Oregon.5.
 
Defendant International Integration, LLC is a California limitedliability company with a principal place of business at 1970 W. Holt Ave.,Pomona, CA 91768.6.
 
This Court has personal jurisdiction over Defendants because they are physically located in this judicial district, conduct business within the State of California, have
infringed the ‘965 Patent
in this District, have committed acts of false marking, and have engaged in false advertising.
VENUE
7.
 
A substantial part of the acts, events, and omissions giving rise to theclaims asserted in this action occurred within this judicial District, and venue istherefore proper in this court under the provisions of 28 U.S.C. §§ 1391(b) and (c),and 1400(b). Specifically, INTEGRATION has imported and sold products thatin
fringe the ‘965 Patent from its facilities in Pomona, C
alifornia.
Case 2:13-cv-07158-PA-PJW Document 1 Filed 09/27/13 Page 3 of 53 Page ID #:7

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