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JF Brennan v. Morrish-Wallace Construction et. al.

JF Brennan v. Morrish-Wallace Construction et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-01270: JF Brennan Co Inc v. Morrish-Wallace Construction Inc et. al. Filed in U.S. District Court for the Eastern District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-l9tW for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-01270: JF Brennan Co Inc v. Morrish-Wallace Construction Inc et. al. Filed in U.S. District Court for the Eastern District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-l9tW for more info.

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Published by: PriorSmart on Nov 15, 2013
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09/14/2014

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WISCONSINJ. F. Brennan Co., Inc.,Plaintiff,v.Morrish-Wallace Construction, Inc., d/b/aRyba Marine Construction Co., and Ryba-Terra, a joint venture between Ryba MarineConstruction Co. and Terra ContractingServices, LLC,Defendants.Case No.JURY TRIAL DEMANDED
COMPLAINT
Plaintiff J. F. Brennan Co., Inc. (“J. F. Brennan”) brings this action for patentinfringement against defendants Morrish-Wallace Construction, Inc. d/b/a Ryba MarineConstruction Co. (“Ryba”) and Ryba-Terra, a joint between Ryba and Terra ContractingServices, LLC, and alleges as follows:
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PARTIES
1. J. F. Brennan is a Wisconsin corporation with a principal place of business at 818Bainbridge Street, LaCrosse, Wisconsin 54603. J. F. Brennan is a marine construction andenvironmental remediation company.2. Ryba is a Michigan corporation with a principal place of business at 629 N. MainStreet, Cheboygan, Michigan 49721. Ryba is authorized to do business in Wisconsin. On
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Unless individually identified, Ryba and Ryba-Terra are collectively referred to as “Defendants” in theComplaint.
 
2information and belief, Ryba is engaged in the marine construction services business, includingmarine environmental remediation.3. On information and belief, Ryba-Terra is a joint venture between Ryba and TerraContracting Services, LLC, with a principal place of business at 205 W. Wacker Drive, Suite1605, Chicago, Illinois 60606. On information and belief, Ryba-Terra engages in environmentalconsulting and remediation, including water and sediment remediation. On information and belief, Terra Contracting Services, LLC is a Delaware limited liability company with a principal place of business at 5787 Stadium Drive, Kalamazoo, Michigan 49009.
JURISDICTION AND VENUE
4. This is an action for patent infringement under 35 U.S.C. § 271.5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338and 35 U.S.C. § 271.6. This Court also has jurisdiction pursuant to 28 U.S.C. § 1332 because the partiesare citizens of different states and the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.7. This Court has personal jurisdiction over the Defendants because the Defendantsdo substantial business in Wisconsin and have purposely availed themselves of Wisconsin’slaws, services and/or other benefits and therefore should reasonably anticipate being hailed intoone or more of the courts within the State of Wisconsin. Moreover, specific acts of infringementhave occurred in Wisconsin and in this district.8. Upon information and belief, venue is proper pursuant to 28 U.S.C. § 1391 (b)and (c) and 28 U.S.C. § 1400.
 
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PATENT-IN-SUIT
9. The Patent-in-Suit is U.S. Patent No. 7,695,215 (the “‘215 Patent”). The ‘215Patent is valid and enforceable.10. J. F. Brennan is the owner of the entire right, title and interest in and to the ‘215Patent, issued by the United States Patent and Trademark Office (“USPTO”) on April 13, 2010and entitled “Method and System for Broadcast Sediment Capping.” A true and correct copy of the ‘215 Patent is attached hereto as Exhibit A and incorporated herein by reference.11. J. F. Brennan uses its patented method and system on jobs throughout the UnitedStates.
FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
12. J. F. Brennan and the Defendants operate in the marine construction andenvironmental remediation industry.13. J. F. Brennan is a leader and innovator in the marine construction and remediationindustry.14. Through extensive research and development, J. F. Brennan pioneered a methodand system for broadcast sediment capping using one or more types of capping material. TheJ.F. Brennan patented method and system overcome problems related to dredging and haulingcontaminants from the bottom of waterways and facilitates the efficient capping of suchcontaminants.15. J. F. Brennan invested significant time, effort and money in developing its patented method and system, and in filing and prosecuting the ‘215 Patent with the USPTO to protect its method and system for broadcast sediment capping. J. F. Brennan’s patented method

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