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J-Channel Industries v. MGM Industries

J-Channel Industries v. MGM Industries

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00610: J-Channel Industries Corp. v. MGM Industries, Inc. Filed in U.S. District Court for the Eastern District of Tennessee, no judge yet assigned. See http://news.priorsmart.com/-l9gr for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00610: J-Channel Industries Corp. v. MGM Industries, Inc. Filed in U.S. District Court for the Eastern District of Tennessee, no judge yet assigned. See http://news.priorsmart.com/-l9gr for more info.

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Published by: PriorSmart on Oct 09, 2013
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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEENORTHERN DIVISIONJ-CHANNEL INDUSTRIES CORPORATION,
Plaintiff,v.
MGM INDUSTRIES, INCORPORATED,
Defendant.
Case No. 3:13-cv-610PATENT CASEJURY TRIAL DEMANDEDCOMPLAINT
Plaintiff J-Channel Industries Corporation files this Complaint against MGM Industries,Incorporated
for infringement of U.S. Reissue Patent No. 40,041 (“the ’041 reissue patent”).
 THE PARTIES
1.
 
J-
Channel Industries Corporation (“JCI”) is a corporation orga
nized and existingunder the laws of Delaware having an address at 900 Walt Whitman Road, Melville, NY 11747.2.
 
MGM Industries, Incorporated
(“
MGM
 
or “Defendant”
) is a Tennesseecorporation with its principal place of business in Hendersonville, Tennessee. MGM may beserved with process through its registered agent in the State of Tennessee, Marshall R. Gaskins,287 Free Hill Road, Hendersonville, TN 37075.
JURISDICTION AND VENUE
 
3. This is an action for patent infringement under Title 35 of the United States Code.4. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (FederalQuestion) and 1338(a) (Patents) because this is a civil action for patent infringement arising
under the United States’ patent statutes, 35 U.S.C. § 101
et seq
.
 
25. Venue is proper under 28 U.S.C. §§ 1391(c) and 1400(b) because Defendant hascommitted acts of infringement in this district and/or is deemed to reside in this district.6. This Court has personal jurisdiction over MGM and venue is proper in this district because MGM has committed acts of infringement in the State of Tennessee, including in thisdistrict, and has engaged in continuous and systematic activities in the State of Tennessee,including in this district. For instance, Croft has, at a minimum, engaged in systematic activitiesin the State of Tennessee by virtue of its organization as a Tennessee corporation having a principal place of business in Tennessee. Additionally, MGM regularly conducts business in thisdistrict, as evidenced by its business relationship with regional distributor/retailer of MGM products,
Tindell’s Lumber & Building
, located at 7751 Norris Freeway, Knoxville, TN 37398.Therefore, MGM has engaged in continuous and systematic activities in this district and has purposefully availed itself of the privileges of conducting business in this district.
COUNT I
 
(INFRINGEMENT OF U.S. REISSUE PATENT NO. 40,041)
7. JCI incorporates paragraphs 1 through 6 herein by reference.8. This cause of action arises under the patent laws of the United States, and in particular, 35 U.S.C. §§ 271,
et seq.
9.
The ’041 reissue patent is entitled, “Window Frame for Manufactured Housing.”JCI is the assignee of the ’041 reissue patent with ownership of all substantial rights in the ’041
reissue patent, including the right to exclude others and to enforce, sue, and recover damages for 
 past and future infringement. A true and correct copy of the ’041 reissue patent is attached as
Exhibit 1.
 
310.
The ’041 reissue patent is valid, enforceable and was duly issued in full
compliance with Title 35 of the United States Code.
(Direct Infringement)
11.
Defendant has directly infringed one or more claims of the ’041 reissue patent in
this judicial district and/or elsewhere in Tennessee and the United States, including at least claim1, without the consent or authorization of JCI, by or through its having made, offered for sale,and/or used products that infringe the
’041 reissue patent. Defendant
is thereby liable for 
infringement of the ’041 reissue patent pursuant to 35 U.S.C. § 271.
 12. More particularly, Defendant has
infringed at least claim 1 of the ‘041 reissue
 patent by, among other things, having made, used, offered for sale, sold, and/or importedwindows having an integral J-Channel, including but not limited to the MGM Series 6010 SingleHung window
. Defendant is liable for these direct infringements of the ‘041 reissue patent
 pursuant to 35 U.S.C. § 271.13. In accordance with Fed. R. Civ. P. 11(b)(3), JCI will likely have additionalevidentiary support after a reasonable opportunity for discovery on this issue.
ADDITIONAL ALLEGATIONS PERTAINING TO PATENT INFRINGEMENTCLAIMS
14. JCI has been damaged as a result of Defendant
’s
infringing conduct describedherein. Defendant is, thus, liable to JCI in an amount that adequately compensates JCI for 
Defendant’s infringements, which, by law, cannot be less than a reasonable royalty, together 
with interest and costs as fixed by the Court under 35 U.S.C. § 284.

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