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Vti v. Zoskes Sales and Services et. al.

Vti v. Zoskes Sales and Services et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00018-LRR: Vti, LLC v. Zoskes Sales and Services, Inc et. al. Filed in U.S. District Court for the Northern District of Iowa, the Hon. Linda R Reade presiding. See http://news.priorsmart.com/-l9Uq for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00018-LRR: Vti, LLC v. Zoskes Sales and Services, Inc et. al. Filed in U.S. District Court for the Northern District of Iowa, the Hon. Linda R Reade presiding. See http://news.priorsmart.com/-l9Uq for more info.

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Published by: PriorSmart on Feb 13, 2014
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02/13/2014

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION VTI, LLC Plaintiff, v. ZOSKE’S SALES & SERVICES, INC. and MICK ZOSKE, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. __________________ COMPLAINT PATENT INFRINGEMENT  JURY TRIAL DEMANDED NATURE OF THE CASE
VTI, LLC (“VTI”), Plaintiff, for Complaint alleging patent infringement against Zoske’s Sales & Services, Inc. (“Zoske’s Sales & Services”) and Mick Zoske, Defendants, states:
THE PARTIES
1. VTI is an Iowa limited liability company having a principal place of business in Washington, Iowa. 2. Zoske’s Sales & Services is an Iowa corporation having a principal place of business in Iowa Falls, Iowa. 3. Mick Zoske is an individual residing in Alden, Iowa.
 JURISDICTION AND VENUE
4. This is an action for patent infringement arising under the Patent Laws of the United States, 35 U.S.C. §§ 271 et seq. The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1338(a).
 
 2 5. This Court has personal jurisdiction over Zoske’s Sales & Services and Mick Zoske. Venue is proper in this District pursuant to 28 U.S.C. § 1391.
FACTS
6. On October 8, 2013, U.S. Patent No. 8,550,019 (“the ‘019 Patent”) (attached hereto as Exhibit A), entitled “
Slurry Applicator for an Agricultural Machine
,” was duly and legally issued to VTI as assignee on an application filed May 23, 2011. 7. VTI is the owner of all right, title and interest in the ‘019 Patent. 8. Zoske’s Sales & Services and Mick Zoske have been, and are willfully infringing the ‘019 Patent by making, using, offering to sell, and selling within the United States, an infringing slurry applicator sold under the name “Cyclone Injector,” as depicted in Exhibit B (the “Cyclone Injector”). 9. VTI notified Zoske’s Sales & Services and Mick Zoske that the Cyclone Injector infringed one or more claims of ‘019 Patent. 10. Zoske’s Sales & Services and Mick Zoske responded by placing a mud flap behind the coulter wheel of the Cyclone Injector in an effort to avoid infringement. 11. The mud flap renders the Cyclone Injector substantially inoperable for its intended purpose. 12. Zoske’s Sales & Services and Mick Zoske continue to advertise and promote the Cyclone Injector without the mud flap by advertising its operation in a video that clearly shows the Cyclone Injector operating in its intended manner without the mud flap behind the coulter wheel.
 
 3 13. Zoske’s Sales & Services and Mick Zoske added the mud flap with the intent that it be removed by the customer after the Cyclone Injector is purchased. 14. Zoske’s Sales & Services and Mick Zoske have been, and are willfully infringing the ‘019 Patent by inducing others to infringe the ‘019 Patent. 15. Zoske’s Sales & Services and Mick Zoske have been, and are willfully infringing the ‘019 Patent by contributing to the infringement by others of the ‘019 Patent. 16. Unless enjoined by the court, Zoske’s Sales & Services and Mick Zoske will continue to infringe, induce the infringement of, and/or contributorily infringe the ‘019 Patent. 17. The infringement by Zoske’s Sales & Services and Mick Zoske have been, currently are, and in the future will be a proximate cause of substantial damage to VTI. 18. If not enjoined as requested herein, the infringement by Zoske’s Sales & Services and Mick Zoske will be a proximate cause of irreparable harm to VTI.
DEMAND FOR JURY
 The Plaintiff, VTI, LLC, respectfully request a jury trial for this matter.
PRAYER FOR RELIEF
 
 WHEREFORE
, the Plaintiff, VTI, LLC, demand that judgment be entered in its favor against Zoske’s Sales & Services, Inc. and Mick Zoske granting the following relief: A. Issuance of a preliminary injunction and a permanent injunction restraining Mick Zoske and Zoske’s Sales & Services, Inc., its officers, agents, servants,

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