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Cequent Performance Products v. Wyers Products Group et. al.

Cequent Performance Products v. Wyers Products Group et. al.

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-02976: Cequent Performance Products, Inc. v. Wyers Products Group, Inc. et. al. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l9pt for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-02976: Cequent Performance Products, Inc. v. Wyers Products Group, Inc. et. al. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l9pt for more info.

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Published by: PriorSmart on Nov 01, 2013
Copyright:Public Domain

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05/15/2014

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{4130683:}
UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MICHIGAN
CEQUENT PERFORMANCE PRODUCTS, INC.,Plaintiff,v.WYERS PRODUCTS GROUP,INC.,andPHILIP W. WYERS,Defendants. ________________________________________/Case No.2:13-cv-10065JudgeDemand For Jury TrialDavid B. Cupar (OH 0071622)Matthew J. Cavanagh(OH 0079522)M
C
D
ONALD
H
OPKINS
LLC600 Superior Avenue, East, Ste. 2100Cleveland, Ohio 44114t216.348.5400
 │
 f216.348.5474dcupar@mcdonaldhopkins.commcavanagh@mcdonaldhopkins.comandTimothy J. Lowe (P68669)M
C
D
ONALD
H
OPKINS
LLC39533 Woodward Ave., Suite 318Bloomfield Hills, Michigan 48304t 248.646.5070
 f 248.646.5075tlowe@mcdonaldhhopkins.com
 Attorneys forCequent Performance Products, Inc.
 ________________________________________/
2:13-cv-10065-AJT-PJK Doc # 1 Filed 01/08/13 Pg 1 of 16 Pg ID 1
Case 1:13-cv-02976-MSK Document 2 Filed 10/31/13 USDC Colorado Page 1 of 40
 
{4130683:}
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Complaint
For its complaint against defendantsWyers Products Group, Inc.(“Products Group”) and Philip W. Wyers (“Wyers”),plaintiff Cequent Performance Products, Inc.(“Cequent”) states:
Summary Of Case
1.This is an action for damages and injunctive reliefto remedy the infringement by Products Group and Wyers (collectively, the “Defendants”) ofU.S. Patent No. 6,722,686 (“the ‘686 Patent”), which is assigned to and owned by Cequent. The ‘686 Patent is directed to a coupler lock that closes around the socket of an unhitched trailer hitch coupler to preventtheft. A copy of the ‘686Patent is attached as
Exhibit A 
.2.Cequent also seeks declaratory judgmentsthat two patents that are owned by Wyers, which he and Products Group have accusedCequentof infringing,are: (a) not infringed by Cequent; and (b) not validand thus not enforceable against Cequent.Those two patents are U.S. Patent Nos. 6,672,115 (“the ‘115 Patent”) and 7,121,121 (“the ‘121 Patent”).
The Parties
3.Cequent is a Delaware corporation with a principal place of business in Michigan.4.Products Groupis a Colorado corporation with a principal place of business in Colorado.5.Wyers is an individual who resides in Colorado.
2:13-cv-10065-AJT-PJK Doc # 1 Filed 01/08/13 Pg 2 of 16 Pg ID 2
Case 1:13-cv-02976-MSK Document 2 Filed 10/31/13 USDC Colorado Page 2 of 40
 
{4130683:}
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Jurisdiction And Venue
6.This Court has subject matter jurisdiction over Cequent’s patent infringement claim under 28 U.S.C. §1331 and § 1338 because it arises under federal lawand under 28 U.S.C. § 1332because the parties are diverse. 7.This Courtalsohas subject matter jurisdiction over Cequent’s declaratory judgment claims because they tooarise under federal law, because the parties are diverse,and because the Defendants have created a judiciable controversy by each accusingCequentof infringing the ‘115 and ‘121 Patents.8.This Court has specific personal jurisdictionover Products Group on various grounds, including (without limitation) becauseit has accused Michigan-based Cequent of infringing the ‘115 and ‘121 Patents;it has derived benefit from the sale of products allegedly covered by the ‘115 and ‘121 Patentsthroughout the U.S. and, upon information and belief, in Michigan; it and Wyers have worked together to exclude others from selling products covered by the ‘115and ‘121 Patents in the United States, including in Michigan; its infringement of the ‘686Patent has caused tortious harm to Cequent in Michigan;and it offers to sell products in Michigan that infringe the ‘686 Patent and, upon information and belief,hasactually sold infringing products in Michigan. 9.This Court also has specific personal jurisdiction over Wyers on various grounds, including (without limitation) becausehe has accused Michigan-based Cequent of infringing the ‘115and ‘121Patents;he has derived personal benefit from the sale of products allegedly covered by the ‘115 and ‘121 Patents
2:13-cv-10065-AJT-PJK Doc # 1 Filed 01/08/13 Pg 3 of 16 Pg ID 3
Case 1:13-cv-02976-MSK Document 2 Filed 10/31/13 USDC Colorado Page 3 of 40

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