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Sausalito Craftworks v. Murray

Sausalito Craftworks v. Murray

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 3:14-cv-01216: Sausalito Craftworks, Inc v. Murray. Filed in U.S. District Court for the Northern District of California, no judge yet assigned. See http://news.priorsmart.com/-la6u for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 3:14-cv-01216: Sausalito Craftworks, Inc v. Murray. Filed in U.S. District Court for the Northern District of California, no judge yet assigned. See http://news.priorsmart.com/-la6u for more info.

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Published by: PriorSmart on Mar 14, 2014
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ALLMAN & NIELSEN, P.C.
100 Larkspur Landing Circle Suite 212 Larkspur, CA 94939 Telephone: 415) 461-2700 Facsimile: 415) 461-2726
 
COMPLAINT FOR DECLARATORY JUDGMENT RE PATENT Case No.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Steven A. Nielsen, Esq., CSB #133864 steve@nielsenpatents.com 
ALLMAN & NIELSEN, P.C.
 100 Larkspur Landing Circle, Suite 212 Larkspur, CA 94939-1743 Telephone: (415) 461-2700 Facsimile: (415) 461-2726 Attorneys for Plaintiff Sausalito Craftworks, Inc. a California Corporation, dba Omnirax IN THE UNITED STATES DISTRICT COURT  NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
SAUSALITO CRAFTWORKS, Inc. dba OMNIRAX Plaintiff, vs. DAVID M. MURRAY, an individual Defendant and Roes 1 to 30. Case No.
PATENT COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDITY OF PATENT 7,438,002 1
ST
 CAUSE OF ACTION:
For Declaratory Judgment of Non-Infringement of Patent (Declaratory Judgment Act, 28 U.S.C. § 2201)
2
ND
 CAUSE OF ACTION:
 For Declaratory Judgment of Patent Invalidity (Declaratory Judgment Act, 28 U.S.C. § 2201)
DEMAND FOR JURY TRIAL
 
Plaintiff, SAUSALITO CRAFTWORKS, INC. dba Omnirax
(“
SAUSALITO CRAFTWORKS
) by their undersigned attorneys, for their Complaint against Defendant
 
 
-2-
ALLMAN & NIELSEN, P.C.
100 Larkspur Landing Circle Suite 212 Larkspur, CA 94939 Telephone: 415) 461-2700 Facsimile: 415) 461-2726
 
COMPLAINT FOR DECLARATORY JUDGMENT RE PATENT Case No.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
David M. Murray, an individual (“Murray”) and Roes 1 to 30
 allege on personal knowledge as to its own acts and on information and belief as to the actions of others, as follows:
 
THE PARTIES
1. Plaintiff SAUSALITO CRAFTWORKS, INC.
(dba “
OMNIRAX”)
 is a California Corporation, in good standing, with a principal place of business in Sausalito, California.
2.
 
Defendant David M. Murray. appears to be an individual sometimes doing
business as “edesk” having a principal place of bu
siness at 39 Cross Highway, Westport, CT, 06880.
JURISDICTION AND VENUE
 
3. This action arises under the Declaratory Judgment Act, 28 U.S.C § 2201, et seq., and under the patent laws of the United States, 35 U.S.C. § 1, et seq. 4. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331, 1338(a). 5. Venue is proper in this Court under 28 U.S.C. § 1391(b), (c) and (d), and 1400(b), because Defendant Murray is subject to general personal jurisdiction and/or specific personal jurisdiction in this district, conducts systematic and continuous business in this district, and a substantial part of the alleged events or omissions giving rise to this action occurred in this district. 6. This Court has personal jurisdiction over the parties to this lawsuit. 7. This Court has personal jurisdiction and/or specific personal jurisdiction over Defendant Murray because, among other reasons, Murray has purposefully directed
 
 
-3-
ALLMAN & NIELSEN, P.C.
100 Larkspur Landing Circle Suite 212 Larkspur, CA 94939 Telephone: 415) 461-2700 Facsimile: 415) 461-2726
 
COMPLAINT FOR DECLARATORY JUDGMENT RE PATENT Case No.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
activities to this district by,
inter alia
, offering for sale desks specifically within California by use of his website www.edesk.us.  8.
Upon Murray’s above referenced website,
 in the Contact / Where to Buy section, there is a specific hyperlink on a map of California, as shown herein in Exhibit A.
The California hyperlink leads to a display of Murray’s contact information in Connecticut.
9. Not all states
on Murray’s website map
have hyperlinks and not all hyperlinks lead to the contact information of Murray. Thus, Murray has specifically and
intentionally made offers of desk sales within the Court’s jurisdiction.
10.  An immediate, real and justiciable controversy exists between SAUSALITO CRAFTWORKS and Murray as to whether the Desktops at Issue, as shown in Exhibit C, infringe upon U.S. Patent 7,438,002 (sometimes refer 
red to as the “Patent
-in-
Suit”
or the
“’
002
Patent”
). 11.  An immediate, real and justiciable controversy exists between SAUSALITO CRAFTWORKS and Murray as to whether the Patent-in-Suit is valid and enforceable. 12. The various actions of Murray have created uncertainty as to SAUSALITO
CRAFTWORKS’ exposure to liability for patent infringement
, costs of patent litigation and current plans to sell the Desktops at Issue on a national basis. Pictures of the Desktops at Issue may be found within Exhibit C. 13.  A copy of the Patent-in-Suit is attached hereto as Exhibit B. 14. On or about November of 2012 Murray and SAUSALITO CRAFTWORKS entered into an agreement comprising a non-exclusive license, but exclusive as to 13 states, to the Patent-in-Suit, manufacturing and marketing agreements, proprietary information agreements and an agreement for SAUSALITO CRAFTWORKS to receive a percentage of
Murray’s future sale of certain rights.

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