2.Federal question jurisdiction of this counterclaim is conferred upon this Court by Title 28, United States Code, §1338(a).
3.Plaintiff VIP is an Arizona limited liability company having a principal placeof business at 16515 S. 40
Street, Suite 121, Phoenix, Arizona 850484.VIP distributes a variety of pet toys and other pet-related products, includingtennis balls incorporating squeakers.5.Upon information and belief, DefendantO2D is an Arizona limited liabilitycompany doing business as "Cats With An Attitude", and having a business address inCarefree, Arizona.
Facts Common to All Counts of the Complaint:
6.Exhibit A attached hereto is a true and correct copy of a letter dated November 20, 2013 from attorney David G. Duckworth to Plaintiff VIP.7.Within Exhibit A, attorney Duckworth advises that he represents DefendantO2D regarding intellectual property matters.8. Within Exhibit A, O2D asserts that it owns U.S. Patent No. 7,201,117; U.S.Patent No. 7,343,878; and U.S. Patent No. 7,363,880.9.Within Exhibit A, O2D asserts that certain tennis balls incorporating squeakers(“the accused products”), distributed and sold by VIP, infringe each of U.S. Patent Nos.7,201,117; 7,343,878; and 7,363,880.10. Within Exhibit A, O2D demands that VIP stop selling the accused products.
Count 1 - Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,201,117:
11. VIP repeats and re-alleges the allegations of Paragraphs 1-10 above as if fullyset forth herein.12.An actual and justiciable controversy exists between Plaintiff VIP and