Itmec, A. Rifat Kars and Douglas Donald as inventors. Sela Products did this without theknowledge of U-Haul or Paul Grabill.12.
Sela Products also obtained an assignment from defendants Nihat Itmec, A.Rifat Kars and Douglas Donald of all of their right, title and interest in the patentapplication and any and all Letters Patent that may be granted based upon that patentapplication.13.
On August 20, 2010, Sela Products filed the patent application as U.S.Patent Application No. 12/859,939 (the “'939 Patent Application”), still without theknowledge of U-Haul or Paul Grabill and incorrectly naming defendants Nihat Itmec, A.Rifat Kars, Douglas Donald as the only inventors.14.
On October 1, 2013, based on the '939 Patent Application, the United StatesPatent and Trademark Office issued United States Patent No. 8,544,859 (the “'859Patent”), which incorrectly named defendants Nihat Itmec, A. Rifat Kars and DouglasDonald as the only inventors.15.
Around the time that the '859 Patent issued, U-Haul first became aware thatSela Products had filed the '939 Patent Application. On or about September 25, 2013,Sela Products had its patent counsel send a demand letter to U-Haul’s current supplier,SPFH, Inc., advising that the '859 Patent would issue within a week, that the U-Hauldolly would infringe the issued patent, and demanding that SPFH, Inc. cease and desistfrom supplying the U-Haul dollies to U-Haul.16.
U-Haul has an interest in the '859 Patent for at least the reason that PaulGrabill is obligated to assign his interest in that patent to U-Haul.
Count I (Correction of Inventorship)
(Against All Defendants)17.
U-Haul realleges and incorporates by reference all of the precedingaverments of this Complaint as if fully set forth herein.