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Ames True Temper v. Valley Industries

Ames True Temper v. Valley Industries

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: Ames True Temper, Inc. v. Valley Industries Corporation. Filed in U.S. District Court for the Middle District of Pennsylvania, no judge yet assigned. See http://news.priorsmart.com/-l9T4 for more info.
Official Complaint for Patent Infringement in Civil Action No. None: Ames True Temper, Inc. v. Valley Industries Corporation. Filed in U.S. District Court for the Middle District of Pennsylvania, no judge yet assigned. See http://news.priorsmart.com/-l9T4 for more info.

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Published by: PriorSmart on Feb 08, 2014
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02/08/2014

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{L0544282.1}
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IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF PENNSYLVANIA AMES TRUE TEMPER, INC.)
485 Railroad Avenue
)
Camp Hill, Pennsylvania 17011
,))Civil Action No. ___________Plaintiff,))v.))VALLEY INDUSTRIES )Electronically FiledCORPORATION )
7500 Jefferson Street
)
Paramount, California 90723,
))Defendant.) ____________________________________________________________ 
COMPLAINT FOR PATENT INFRINGEMENT
 ____________________________________________________________ Plaintiff, Ames True Temper, Inc. (“ATTI”) files its Complaint against Defendant, Valley Industries Corporation (“Valley Industries”) as follows:
NATURE OF THE ACTION AND SUBJECT MATTER JURISDICTION
1.This is an action for patent infringement, arising under the Patent Laws of the United States 35 U.S.C. § § 1
et seq.
, and in particular arising under 35 U.S.C. § 271. This Court has subject matter jurisdiction over this action pursuant to 35 U.S.C. § 281 and 28 U.S.C. § § 1331, 1332 and 1338(a)because this action arises under the laws of the United States and an Act of Congress relating to patents and because the matter in
 
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controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between citizens of different states.
PARTIES
2.ATTI is a corporation organized and existing under the laws of the State of Delaware with its principal place of business located at 465 Railroad Avenue, Camp Hill, Pennsylvania17011.3.Valley Industriesis a corporation organized under the laws ofthe State of California with its principal place of business located at 7500 Jefferson Street, Paramount, California 90723.
PERSONAL JURISDICTION AND VENUE
4.Valley Industriesis subject to personal jurisdiction in this Court pursuant to 42 Pa.C.S. § 5322 because Valley Industriestransacts business within the Commonwealth of Pennsylvania including the importing, offering for sale, sale and/or use of infringing products and other acts of patent infringement.5.Venue over this action is proper in this Court pursuant to 28 U.S.C. § § 1391(b) and 1400(b) because this Judicial District is a judicial district in which a substantial part of the events giving arise to the claims asserted herein occurred, because Valley Industriesis subject to personal  jurisdiction and therefore resideswithin this Judicial District and because,
 
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upon information and belief, Valley Industrieshas committed acts of patent infringement within this Judicial District.
PATENT NO. 6,824,180
6.On November 30, 2004, United States Patent No. 6,824,180 (“the ‘180Patent”) was duly and validly issued to Michael Tomchak for a quick connecttoolassemblywhich provides a male component including a pair of resilient arms defining outwardly facing teeth and a female component having a socket with inwardly facing teeth. The inwardly facing teeth of the female component are dimensioned and configured to engage the outwardly facing teeth of the male component to thereby resist removal of the male connector from the socket. A true and correct copy of the ‘180Patent is attached to this Complaint as Exhibit “A” and is incorporated herein by this reference.7.Through an assignment from Michael Tomchak to ATTI, ATTI is the owner of the ‘180Patent, the ‘180Patent is currently subsisting and  ATTI is the real party in interest with the right to seek the relief requested in this Complaint.
INFRINGEMENT BY VALLEY INDUSTRIES
8.Valley Industries, without authorization from ATTI, has been and is engaged in making and/or importing into the United States,infringing tools,

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