jurisdiction over Choon’s Design pursuant to N.J. Ct. R. 4:4-4, and venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b), 28 U.S.C. § 1391(c), and 28 U.S.C. § 1400(b).5.Tristar Products is a resident of this district and is alleged to have committed the allegedly infringing activities at issue within this district.
6.Tristar Products is a developer, manufacturer, and marketer of various consumer products including, but not limited to, home appliances, fitness equipment, health and beauty articles, and hardware.7.Among the products sold by Tristar Products is the “Bandaloom,” “Bandaloom Mini Loom,” and “Bandaloom Hook” (hereinafter the “Accused Products”).8.Upon information and belief, Choon’s Design markets and offers for sale a rubber band bracelet making kit named the “Rainbow Loom.”9.Upon information and belief, Choon’s Design is the owner of Ng U.S. Patent No. 8,485,565 issued July 16, 2013 and entitled “Brunnian link making device and kit” (hereinafter “the ‘565 Patent”), a true and correct copy of which is attached hereto as Exhibit B.10.The ‘565 Patent claims priority to U.S. Provisional Application No. 61/410,399, filed on November 5, 2010.11.In the first substantive Office Action of the ‘565 Patent, a true and correct copy of which is attached hereto as Exhibit C, the Examiner stated: “Claims 1 and 12 . . . are found to be allowable because the prior art of record neither teaches nor reasonably suggests the recitations found therein, including pins having a top flared portion and opening in the front as well as the method of using the pin bars/base to stretch, capture and pull elastic bands.” (Ex. C, at ¶5).3