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J-Channel Industries v. American Builders & Contractor Supply Company et. al.

J-Channel Industries v. American Builders & Contractor Supply Company et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00602: J-Channel Industries Corp. v. American Builders & Contractor Supply Company, Inc. et. al. Filed in U.S. District Court for the Eastern District of Tennessee, no judge yet assigned. See http://news.priorsmart.com/-l9gw for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00602: J-Channel Industries Corp. v. American Builders & Contractor Supply Company, Inc. et. al. Filed in U.S. District Court for the Eastern District of Tennessee, no judge yet assigned. See http://news.priorsmart.com/-l9gw for more info.

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Published by: PriorSmart on Oct 10, 2013
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1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEENORTHERN DIVISIONJ-CHANNEL INDUSTRIES CORPORATION,
Plaintiff,v.
AMERICAN BUILDERS & CONTRACTORSSUPPLY CO., INC. AND WINCORE WINDOWCOMPANY, LLC,
Defendants.
Case No. 3:13-cv-602PATENT CASEJURY TRIAL DEMANDEDCOMPLAINT
Plaintiff J-Channel Industries Corporation files this Complaint against American Builders& Contractors Supply Co., Inc. and Wincore Window Company, LLC 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 organized and existing
under the laws of Delaware having an address at 900 Walt Whitman Road, Melville, NY 11747.2.
 
Defendant American Builders & Cont
ractors Supply Co. (“ABC Supply”) is a
Delaware corporation with its principal place of business in Beloit, Wisconsin. ABC Supplymay be served with process through its registered agent, C T Corporation System, 800 S. GaySt., Suite 2021, Knoxville, TN.3.
 
Defendant
Wincore Window Company, LLC (“Wincore Window”
) is a WestVirginia corporation with its principal place of business in Parkersburg, West Virginia. WincoreWindow may be served with process through its authorized representative in the State of West
 
2Virginia, Patrick D. Deem, Chase Tower, 6
th
Floor-3
rd
and Main STS., P.O. Box 2190Clarksburg, West Virginia, 26301.4.
 
Defendants ABC Supply and Wincore Window are referred to collectively herein
as “Defendants.”
 
JURISDICTION AND VENUE
 
5. This is an action for patent infringement under Title 35 of the United States Code.6. 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
.7. Venue is proper under 28 U.S.C. §§ 1391(c) and 1400(b) because Defendantshave committed acts of infringement in this district and/or are deemed to reside in this district.8. This Court has personal jurisdiction over ABC Supply and venue is proper in thisdistrict because ABC Supply has committed acts of infringement in the State of Tennessee,including in this district, and has engaged in continuous and systematic activities in the State of Tennessee, including in this district. ABC Supply regularly conducts business in this district andhas retail stores located in this district, including but not limited to two locations within 50 milesof Knoxville, exemplified by a store location at 220 Royal Crown Drive, Knoxville, TN 37919.Additionally, ABC Supply has registered with the State of Tennessee to do business inTennessee and maintains an agent for service of process in Tennessee. Therefore, ABC Supplyhas engaged in continuous and systematic activities in this district and has purposefully availeditself of the privileges of conducting business in this district.9. This Court has personal jurisdiction over Wincore Window
 
and venue is proper inthis district because Wincore Window has committed acts of infringement in the State of 
 
3Tennessee, including in this district and has engaged in continuous and systematic activities inthe State of Tennessee, including in this district. For instance, Wincore Window has, at aminimum, engaged in systematic activities in the State of Tennessee by virtue of its businessdealings with ABC Supply. Additionally, on information and belief, Wincore Window marketsand/or sells its window products throughout the United States and in particular within the Stateof Tennessee. Therefore, Wincore Window has engaged in continuous and systematic activitiesin this district and has purposefully availed itself of the privileges of conducting business in thisdistrict.
COUNT I
 
(INFRINGEMENT OF U.S. REISSUE PATENT NO. 40,041)
10. JCI incorporates paragraphs 1 through 9 herein by reference.11. This cause of action arises under the patent laws of the United States, and in particular, 35 U.S.C. §§ 271,
et seq.
12.
The ’041 reissue patent is entitled, “Window Frame for Manufactured Housing.”
JCI is the a
ssignee 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 re
issue patent is attached asExhibit 1.13.
The ’041 reissue patent is valid, enforceable and was duly issued in full
compliance with Title 35 of the United States Code.
(Direct Infringement)
14. Defendants have 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

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