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OurPet's Company v. Rhode Island Textile Company et. al.

OurPet's Company v. Rhode Island Textile Company et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: OurPet's Company v. Rhode Island Textile Company et. al. Filed in U.S. District Court for the Northern District of Ohio, no judge yet assigned. See http://news.priorsmart.com/-l9hF for more info.
Official Complaint for Patent Infringement in Civil Action No. None: OurPet's Company v. Rhode Island Textile Company et. al. Filed in U.S. District Court for the Northern District of Ohio, no judge yet assigned. See http://news.priorsmart.com/-l9hF for more info.

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Published by: PriorSmart on Oct 14, 2013
Copyright:Public Domain

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12/13/2013

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Plaintiff’s Complaint - 1
1234567891011121314151617181920212223242526IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIOEASTERN DIVISION
OurPet’s Company
, )1300 East Street ) Case No.Fairport Harbor, Ohio 44077, )) JudgePlaintiff, )) Magistratev. ))
Rhode Island Textile Company
, )
COMPLAINT FOR
 dba Westminster Pet Products, Inc., )
PATENT INFRINGEMENT,
c/o James J. Carria, Registered Agent, )
AND UNFAIR COMPETITION
 211 Columbus Avenue )Pawtucket, Rhode Island 02903, ))and, ))
(Jury Demand Endorsed Hereon)
 
Sergeant’s Pet Care Products, Inc.
, )c/o CSC Lawyer’s Incorp. Serv. Co., )233 South 13
th
Street, Ste. 1900 )Lincoln, Nebraska 68508, ))Defendants. ) NOW COMES the Plaintiff,
OurPet’s Company
, and for its Complaint against theDefendants hereby alleges and avers as follows:
THE PARTIES
1.
 
The Plaintiff, OurPet’s Company, is a corporation organized under the laws of Colorado, and has its principal place of business in Fairport Harbor, Ohio, which is in Lake County.2.
 
The Defendant, Rhode Island Textile Company, is a corporation organized under the laws of Rhode Island, and does business as Westminster Pet Products, Inc., and has is principal placeof business in Rhode Island.
 
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Plaintiff’s Complaint - 2
12345678910111213141516171819202122232425263.
 
The Defendant, Sergeant’s Pet Care Products, Inc., is a corporation organized under the lawsof Michigan, and has its principal place of business in Nebraska.
JURISDICTION AND VENUE
4.
 
This is an action for patent infringement. The patent claims arise under the patent laws of theUnited States, specifically 35 U.S.C. § 281. This Court has subject matter jurisdiction in thismatter pursuant to 28 U.S.C. §§ 1331, 1338, and 35 U.S.C. § 281 because this action arisesunder the patent laws of the United States. Alternatively, this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) as the amount in controversy exceeds the sum of $75,000and the action is between citizens of different states. This Court also has supplemental jurisdiction over the claims in the Complaint which arise under the statutory and commonlaw of the State of Ohio pursuant to 28 U.S.C. § 1367(a), because the state law claims are sorelated to the federal claims that they form part of the same case or controversy and derivefrom a common nucleus of operative facts.5.
 
This Court has personal jurisdiction over the Defendants by virtue of their sale of products,transaction of business, and solicitation of business within the State of Ohio, within this judicial district and elsewhere.6.
 
Ohio’s Long-Arm Statute, RC § 2307.382(A)(1), provides that “A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of actionarising from the person’s: (1) Transacting any business in this state.” In this case, bothDefendants transact business in this state. The Defendants supply infringing products thatare widely sold throughout the state at various retailers.
 
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Plaintiff’s Complaint - 3
12345678910111213141516171819202122232425267.
 
Ohio’s Long-Arm Statute, RC § 2307.382(A)(2), provides that “A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of actionarising from the person’s: (2) Contracting to supply services or goods in this state.” In thiscase, both Defendants contract to supply goods in this state. The Defendants supplyinfringing products that are widely sold throughout the state at various retailers.8.
 
Venue is proper in the Northern District of Ohio pursuant to 28 U.S.C. § 1391(b)(2) and/or 28 U.S.C. § 1400(b) because a substantial part of the events giving rise to the claimsoccurred in this judicial district, the Defendants are subject to personal jurisdiction in thisdistrict, and infringement occurred within this judicial district. Further, the Plaintiff, itswitnesses and evidence, are located in this district. The Plaintiff’s patent prosecutioncounsel, likely a key witness, is also located in this district. Venue is proper here.
FACTUAL ALLEGATIONS
9.
 
Since its founding in 1995, the Plaintiff has designed, produced, and marketed a broad line of innovative, high-quality accessory and consumable pet products in the United States and overseas.10.
 
The Plaintiff has dedicated extensive time to the understanding of pet aging and its criticallink to nature.11.
 
Along with proper nutrition, mental stimulation, physical exercise, and veterinary care, thePlaintiff’s products help to maintain the health and wellness of pets.12.
 
The Plaintiff strives to develop truly unique and innovative products. In fact, almost all of the Plaintiff’s products are patented and are the only ones of their kind in the marketplace.

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