3Mizco of its objection to Mizco offering and selling a flexible storage sleeve because of Thule's rights in the '400 Patent. True and accurate copies of those letters are attached hereto as Exhibit 3. To date, Mizco has not removed or recalled any of the infringing flexible storage sleeves.
CLAIM FOR RELIEF (Infringement of the '400 Patent)
Thule incorporates herein by reference each and every allegation in paragraphs 1 through 11. 13.
Defendant's activities in making, using, selling and/or offering to sell in the United States and/or importing into the United States the flexible storage sleeve constitutes direct infringement of the '400 Patent, in violation of 35 U.S.C. § 271(a). 14.
Upon information and belief, Defendant is inducing direct infringement of the '400 Patent by others by actively instructing, assisting, and/or encouraging others to practice one or more of the inventions claimed in the '400 Patent, in violation of 35 U.S.C. § 271(b). 15.
Upon information and belief, Defendant is contributing to direct infringement of the '400 Patent by others by directing others to manufacture one or more components which constitute a material part of the invention defined by the claims of the '400 Patent, knowing the same to be especially made or especially adapted for use in an infringement of the '400 Patent, and which components are not staple articles or commodities of commerce suitable for substantial non-infringing use, in violation of 35 U.S.C. § 271(c). 16.
Defendant's actions of making, having made, importing, using or selling products which infringe the '400 Patent have been, and are, willful, deliberate and/or in conscious disregard of Thule's rights, making this an exceptional case within the meaning of 35 U.S.C. § 285 and entitling Thule to an award of its attorneys' fees and treble damages.
Case 1:13-cv-03160 Document 1 Filed 11/20/13 USDC Colorado Page 3 of 5