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Sunless v. Heartland Tanning

Sunless v. Heartland Tanning

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:13-cv-01066-JTM: Sunless, Inc. v. Heartland Tanning, Inc. Filed in U.S. District Court for the Western District of Missouri, the Hon. John T. Maughmer presiding. See http://news.priorsmart.com/-l9pR for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:13-cv-01066-JTM: Sunless, Inc. v. Heartland Tanning, Inc. Filed in U.S. District Court for the Western District of Missouri, the Hon. John T. Maughmer presiding. See http://news.priorsmart.com/-l9pR for more info.

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Published by: PriorSmart on Oct 31, 2013
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11/01/2013

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7306793 v6
 
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
Sunless, Inc. Plaintiff, -vs- Heartland Tanning, Inc., Defendant. ))))))) ))))) ) Civil Action No.: Judge:
COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL
Plaintiff Sunless, Inc. (“Sunless”), for its Complaint against Defendant Heartland Tanning, Inc. (“Heartland”), alleges as follows:
THE PARTIES
1.
 
Sunless is a corporation organized and existing under the laws of the state of Delaware with a principal place of business at 8909 South Freeway Drive, Macedonia, Ohio 44056. 2.
 
Heartland is a corporation organized and existing under the laws of the state of Missouri with a principal place of business at 4251 Northeast Port Drive, Lee’s Summit, Missouri 64064.
 
 
7306793 v6
 2
JURISDICTION AND VENUE
3.
 
This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331, 1338(a), and the Patent Laws of the United States, 35 U.S.C. §§ 271
et seq.
 4.
 
Personal jurisdiction (1) exists generally over Heartland because it has sufficient minimum contacts with the forum as a result of business conducted within the State of Texas and this district, either directly or through its distributors; and/or (2) exists specifically over Heartland because of its infringing conduct within or directed at the State of Texas and this district, either directly or through its distributors. For example, Heartland has a distributor located in Frisco, Texas, who sells and/or offers to sell a product that infringes the patent-in-suit. 5.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b).
BACKGROUND FACTS
6.
 
Sunless is a leader in the development, manufacture, and marketing of sunless tanning products, including equipment and solutions. 7.
 
On June 19, 2012, the United States Patent and Trademark Office (“USPTO”) duly and legally granted U.S. Patent No. 8,201,288 for an invention entitled “Automatic Body Spray System” (“the ‘288 patent”). A true and correct copy of the ‘288 patent is attached hereto as Exhibit A. 8.
 
Sunless is the owner of the entire right, title, and interest in and to the ‘288 patent  by assignment from its predecessor, MT Industries, Inc. Sunless has commercialized the ‘288  patent by making and selling its own products, which are covered by one or more claims of the ‘288 patent, including the VersaSpa booth.
 
 
7306793 v6
 39.
 
Heartland has made, used, offered to sell, and sold in the United States an automatic body spray system, identified as the Pura Sunless booth (“Pura Booth”). 10.
 
Upon information and belief, Heartland obtained a VersaSpa booth and copied the design of several elements, including without limitation, the nozzles, fan, solution container, and container connector, and incorporated these features in the Pura Booth. 11.
 
Heartland has directly infringed and is now infringing the ‘288 patent by making, using, offering to sell, and selling the Pura Booth in the United States. 12.
 
Heartland sells the Pura Booth in the United States to third-party distributors who, in turn, resell the Pura Booth to purchasers, including tanning salons and consumers who operate the product (collectively, “the Purchasers”). Heartland actively aids and abets the resale and use of the Pura Booth. 13.
 
Upon further information and belief, Heartland’s distributors have infringed the ‘288 patent by using, offering to sell, and selling the Pura Booth in the United States. 14.
 
Upon further information and belief, the Purchasers of the Pura Booth have infringed and are now infringing the ‘288 patent by using this product in the United States.
COUNT I (Direct Infringement of U.S. Patent No. 8,201,288)
15.
 
Paragraphs 1–14 are re-alleged and restated as if fully set forth herein. 16.
 
By making, using, offering to sell, and selling the Pura Booth in the United States, Heartland has directly infringed and is infringing one or more claims of the ‘288 patent, in violation of 35 U.S.C. § 271(a).

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