Plaintiff Tuf-Tite is a corporation existing under and by virtue of the laws of the State of Illinois, and maintains a principal place of business at 1200 Flex Court, Lake Zurich, Illinois 60047. 5.
Defendant Federal Package is a corporation existing under and by virtue of the laws of the State of Minnesota, and maintains a principal place of business at 4044 Peavey Rd, Chaska, MN 55318.
This is an action for a declaratory judgment pursuant to the Federal Declaratory Judgments Act, 28 U.S.C. §§ 2201 and 2202. This action arises, in part, under the patent laws of the United States, 35 U.S.C. §1, et seq. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. § 1338(a). 7.
This Court has personal jurisdiction over Federal Package since, on information and belief, Federal Package regularly conducts business within the Northern District of Illinois and since Federal Package targeted its cease and desist letter to the Northern District of Illinois. 8.
In view of the nature of Federal Package’s March 19, 2014 “cease and desist” letter to Tuf-Tite, Tuf-Tite reasonably believes that it bears a substantial risk of harm stemming from Federal Package’s infringement allegations. 9.
There is, therefore, an actual controversy between the parties with respect to the validity of the ‘471 patent and its infringement by Tuf-Tite.
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and (c).
COUNT I – DECLARATORY JUDGMENT THAT TUF-TITE’S INPRES APPLICATOR DOES NOT INFRINGE ANY CLAIM OF THE ‘471 PATENT