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Malibu Boats v. Nautique Boat Company.pdf

Malibu Boats v. Nautique Boat Company.pdf

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Published by PatentBlast
Malibu Boats v. Nautique Boat Company
Malibu Boats v. Nautique Boat Company

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Published by: PatentBlast on Nov 04, 2013
Copyright:Attribution Non-commercial

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11/28/2013

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- 1 - IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE E
ASTERN DISTRICT
 MALIBU BOATS, LLC, a Delaware limited liability company, Plaintiff, v.  NAUTIQUE BOAT COMPANY, INC., a Florida corporation, Defendant. Civil Action No.
DEMAND FOR JURY TRIAL MALIBU’S COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NOS. 8,539,897 AND 8,534,214
Plaintiff Malibu Boats, LLC (“Malibu”), hereby complains of Defendant Nautique Boat Company, Inc. (“Nautique”), and alleges as follows:
JURISDICTION AND VENUE
1.
 
This Complaint states causes of action for patent infringement arising under the  patent laws of the United States, 35 U.S.C. § 100
et seq
., and, more particularly, 35 U.S.C. §§ 271 and 281. This Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 2.
 
Upon information and belief: Nautique conducts business throughout the United States, including in this judicial district, and has committed the acts complained of in this judicial district and elsewhere. 3.
 
Venue is proper in this judicial district under 28 U.S.C. § 1400(b). For purposes of § 1400(b), Nautique resides within this judicial district.
 
- 2 -
PARTIES
4.
 
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.
PREVIOUS CASE
6.
 
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
7.
 
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.
 
- 3 - 13.
 
 Nautique is presently advertising and offering for sale in the United States inboard water-sports boats equipped with the Nautique Surf System. 14.
 
 Nautique has sold one or more inboard water-sports boats equipped with the  Nautique Surf System to a dealer located within the Eastern District of Tennessee. 15.
 
Through its website, Nautique directs at least some potential customers interested in its boats to a dealer located within the Eastern District of Tennessee through whom a Nautique  boat equipped with the Nautique Surf System can be purchased. These potential customers include at least some potential customers whose zip code corresponds to a region within the  jurisdiction of the Eastern District of Tennessee. 16.
 
Through its website, Nautique directs at least some potential customers who are interested in the Nautique Surf System to a dealer located within the Eastern District of Tennessee through whom a Nautique boat equipped with the Nautique Surf System can be  purchased. These potential customers include at least some potential customers whose zip code corresponds to a region within the jurisdiction of the Eastern District of Tennessee. 17.
 
Upon information and belief: Nautique became aware of the ’897 patent on or about September 24, 2013. 18.
 
Upon information and belief: on or about September 24, 2013, Nautique became aware of Malibu’s allegations that Nautique is infringing the ’897 patent. 19.
 
Upon information and belief: Nautique became aware of the ’214 patent on or about September 17, 2013. 20.
 
Upon information and belief: on or about September 17, 2013, Nautique became aware of Malibu’s allegations that Nautique is infringing the ’214 patent. 21.
 
Despite knowing of the ’897 and ’214 patents and their relevance to Nautique’s  products, Nautique continues to infringe those patents.

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