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Air Vent v. Lomanco

Air Vent v. Lomanco

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-00137-JRG-RSP: Air Vent, Inc. v. Lomanco, Inc. Filed in U.S. District Court for the Eastern District of Texas, the Hon. Rodney Gilstrap presiding. See http://news.priorsmart.com/-l9Yv for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-00137-JRG-RSP: Air Vent, Inc. v. Lomanco, Inc. Filed in U.S. District Court for the Eastern District of Texas, the Hon. Rodney Gilstrap presiding. See http://news.priorsmart.com/-l9Yv for more info.

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Published by: PriorSmart on Feb 28, 2014
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02/28/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION AIR VENT, INC., § § Plaintiff, § § v. § Civil Action No. 2:14-cv-00137 § LOMANCO, INC. § § Defendant. §
 PATENT CASE
 
PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff, Air Vent, Inc. (“Plaintiff”), files this Original Complaint against Defendant Lomanco, Inc. (“Defendant”), and as claim for relief shows:
I. THE PARTIES
 1.
 
Plaintiff is a Delaware corporation having a principal place of business at 4117 Pinnacle Point Drive, Suite 400, Dallas, Texas 75211. 2.
 
Plaintiff is the owner by assignment of United States Patents No. 8,292,707 (“the ‘707 Patent”), attached hereto as Exhibit A, entitled “Off-Peak Air Intake Vent” issued on October 23, 2012 and United States Design Patent No. D574,947 (“the ‘947 Patent”), attached hereto as Exhibit B, entitled “Off-Peak Intake Vent” issued on August 12, 2008 (collectively referred to herein as the “Patents-in-Suit”). 3.
 
Plaintiff is in the business,
inter alia
, of manufacturing and selling building construction products, including without limitation, certain roof ventilation products sold under the name and trademark “The Edge™ Vent” which is a product that is disclosed and claimed by one or more claims of the Patents-in-Suit and marked with their patent numbers.
 
Air Vent’s Original Complaint
 2 4.
 
On information and belief, Defendant is an Arkansas corporation having a principal place of business at 2101 West Main Street Jacksonville, Arkansas 72076. 5.
 
Defendant is engaged in the business of manufacturing and selling residential ventilation products, including offering for sale and selling within the United States and the Eastern District of Texas, including without limitation, certain roof ventilation products sold under the name and trademark “Deck-Air™ Intake Vent,” Model DA-4, as set out in the claims of the Patents-in-Suit.
II. JURISDICTION AND VENUE
6.
 
This action arises under the Patent Laws of the United States, Title 35, United States Code. 7.
 
This Court has jurisdiction of the subject matter of the patent claims herein pursuant to 28 U.S.C. §§ 1331 and 1338(a). Venue is proper in this district court pursuant to 28 U.S.C. §§ 1391(c) and 1400(b). 8.
 
Upon information and belief, this Court has jurisdiction over Defendant because Defendant regularly transacts business in the State of Texas, and Defendant has committed acts of patent infringement during the course of transacting business in this district.
III. FACTUAL BACKGROUND
 9.
 
Certain off peak intake vents marketed, distributed and sold by Defendant infringe one or more claims of the Patents-in-Suit and, on information and belief, such infringement continues to the present time. 10.
 
On information and belief, Defendant’s infringement at all times has been willful, objectively reckless, and committed with full knowledge of the Patents-in-Suit. 11.
 
Defendant’s willful infringement of the Patents-in-Suit has caused irreparable
 
Air Vent’s Original Complaint
 3 damage to Plaintiff.
IV. PATENT INFRINGEMENT
 12.
 
Plaintiff repeats and realleges each and every allegation set forth above as if fully set forth herein. 13.
 
Defendant’s aforesaid activities constitute infringement of one or more claims of the Patents-in-Suit. 14.
 
On information and belief, Defendant will continue to infringe the Patents-in-Suit unless enjoined by the Court. 15.
 
As a result of Defendant’s infringing conduct, Plaintiff has been irreparably damaged to an extent not yet determined and Plaintiff will continue to be irreparably damaged by such acts in the future unless Defendant is enjoined by this Court from committing further acts of infringement. 16.
 
Plaintiff is entitled to recover damages in an amount that adequately compensates it for Defendant’s infringement, which damages should be increased up to three times the amount found or assessed.
V. PRAYER
 
WHEREFORE
, Plaintiff prays for a judgment against Defendant as follows:
A.
 
That Defendant be declared and adjudged to have infringed, induced others to infringe, and/or committed acts of contributory infringement, with respect to one or more claims of the Patents-in-Suit;
B.
 
Defendant, its officers, agents, servants, employees, attorneys, parents, subsidiaries, affiliates, successors, and all others in active concern or participation with them or acting on its behalf be permanently enjoined from further infringement of the Patents-in-Suit;

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