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InterMetro Industries v. Capsa Solutions

InterMetro Industries v. Capsa Solutions

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-02853-RDM: InterMetro Industries Corporation v. Capsa Solutions, LLC. Filed in U.S. District Court for the Middle District of Pennsylvania, the Hon. Robert D. Mariani presiding. See http://news.priorsmart.com/-l9yt for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-02853-RDM: InterMetro Industries Corporation v. Capsa Solutions, LLC. Filed in U.S. District Court for the Middle District of Pennsylvania, the Hon. Robert D. Mariani presiding. See http://news.priorsmart.com/-l9yt for more info.

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Published by: PriorSmart on Nov 24, 2013
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01/29/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
INTERMETRO INDUSTRIES CORPORATION, a Delaware corporation, Plaintiff, v. CAPSA SOLUTIONS, LLC, a Delaware limited liability company, Defendant.
COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL
  NOW COMES the Plaintiff, INTERMETRO INDUSTRIES CORPORATION (“InterMetro”), by its attorneys HARNESS, DICKEY & PIERCE, PLC, and for its Complaint against CAPSA SOLUTIONS, LLC (“Capsa”), states as follows:
N
ATURE
O
F
T
HE
A
CTION
 
1.
 
This is an action for patent infringement under 35 U.S.C. §§ 271, 283, 284 and 285.
 
 
2
T
HE
P
ARTIES
 
2.
 
InterMetro is a Delaware corporation having a principal place of  business at 651 N. Washington St., Wilkes-Barre, PA 18705. 3.
 
On information and belief, Capsa is a Delaware limited liability company having a place of business at 4800 Hilton Corporate Drive, Columbus, Ohio 43232. 4.
 
On information and belief, Capsa acquired the assets of the Mobile Solutions Group of Artromick International, Inc. in 2009.
See
 
Exhibit 13
.
J
URISDICTION AND
V
ENUE
 
5.
 
This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1338(a). 6.
 
This Court has personal jurisdiction over Capsa because Capsa has transacted business in Pennsylvania by offering for sale and selling computer carts in Pennsylvania, among other products, that InterMetro alleges infringe its patents.
 See
 Fed. R. Civ. P. 4(h) and 42 P
A
.
 
C
ONS
.
 
S
TAT
. § 5322(a). 7.
 
This Court also has personal jurisdiction over Capsa because Capsa has in the past and continues to cause harm to InterMetro in Pennsylvania as a result of acts it has and continues to commit both inside and outside of Pennsylvania.
See
 Fed. R. Civ. P. 4(h) and 42 P
A
.
 
C
ONS
.
 
S
TAT
. § 5322(a).
 
 
3
8.
 
Venue over Capsa is proper in this judicial district under 28 U.S.C. §§ 1391(d) and 1400(b).
F
ACTUAL
B
ACKGROUND
 
9.
 
On December 10, 2002, the United States Patent and Trademark Office (“Patent Office”) issued United States Patent No. 6,493,220 entitled “Mobile Clinical Workstation” (“the ‘220 patent”). A copy of the ‘220 patent is attached to this Complaint as
Exhibit 1
. 10.
 
On December 20, 2002, EMS Technologies Inc. (“EMS”), an InterMetro predecessor-in-interest to point-of-care cart technology embodied in the ‘220 patent, issued a news release announcing that the Patent Office awarded the ‘220 patent. The release stated: This patent describes the essential features of the cart-based form factor in a workstation, which is equipped with a computer and power supply, and is connected wirelessly to a local area network by WiFi access points. [We] developed the technology for cart-based systems, which allow healthcare providers to realize the full benefits of clinical  point-of-care applications as the way to improve patient safety with a device that is easy to use. The patent on the Mobile Clinical Workstation protects the flagship  product of our Healthcare Solutions Group, which has established the industry-standard form factor and created a leading position in this growing market for wireless technology….
See
 
Exhibit 2
.

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