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Malibu is a Delaware limited liability company having a place of business at 5075 Kimberly Way, Loudon, Tennessee 37774. 5.
Nautique is a Florida corporation having a place of business at 14700 Aerospace Parkway, Orlando, Florida 32832.
In September 2013, Malibu filed similar claims against Nautique in a lawsuit pending in the Central District of California with case number CV13-06854. On October 28, 2013, the California court raised a concern about the propriety of venue. In part to avoid a venue dispute that might delay resolution of its claims, Malibu is dismissing without prejudice the California action on even date herewith.
ALLEGATIONS FOR ALL CLAIMS
On September 24, 2013, the United States Patent and Trademark Office (“PTO”) issued U.S. Patent No. 8,539,897 (“the ’897 patent”), titled “Surf Wake System for a Watercraft.” A copy of the ’897 patent is attached hereto as Exhibit 1. 8.
On September 17, 2013, the PTO issued U.S. Patent No. 8,534,214 (“the ’214 patent”), titled “Surf Wake System and Method for a Watercraft.” A copy of the ’214 patent is attached hereto as Exhibit 2. 9.
Malibu owns the ’897 and ’214 patents. 10.
Nautique manufactures inboard water-sports boats within the United States. 11.
Nautique offers for sale and sells inboard water-sports boats within the United States. 12.
Nautique has equipped and continues to equip at least some of its inboard water-sports boats with the Nautique Surf System.