Air Vent’s Original Complaint
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
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
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