Venue in the Western District of Wisconsin is proper under 28 U.S.C. §§ 1391 and 1400(b) because UTE resides in this judicial district and has committed acts of infringement within this judicial district.
FACTS GIVING RISE TO THIS ACTION
United States Patent No. 8,596,376 (“the ‘376 Patent”), entitled “Support Apparatus for Securing a Wing Plow,” duly and legally issued on December 3, 2013. A true and correct copy of the ‘376 Patent is attached hereto as Exhibit A. 7.
MTE is the owner by assignment of the entire right, title, and interest in and to the ‘376 Patent. 8.
The ‘376 Patent discloses a support apparatus for securing a material moving wing plow relative to a vehicle that is used for a wing plow application, such as a truck, loader, or grader. 9.
The claims in the ‘376 Patent are novel, nonobvious, and useful. 10.
There are no acceptable non-infringing alternatives to the invention claimed in the ‘376 Patent. 11.
Upon information and belief, UTE makes, uses, offers to sell, sells, and/or imports, and/or has made, used, offered to sell, sold, and/or imported, within the United States products, including the “Uni-Glide Wing” plow support, that infringe at least Claim 1 of the ‘376 Patent. 12.
Pursuant to 35 U.S.C. § 287, MTE has provided notice to UTE of the existence of the ‘376 Patent and of UTE’s infringement thereof.
INFRINGEMENT OF U.S. PATENT NO. 8,596,376
MTE realleges and incorporates by reference paragraphs 1 through 12 above as if fully set forth herein.