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Techshell v. Tech21 Uk

Techshell v. Tech21 Uk

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: Techshell Inc v. Tech21 Uk Limited. Filed in U.S. District Court for the Northern District of Florida, no judge yet assigned. See http://news.priorsmart.com/-labA for more info.
Official Complaint for Patent Infringement in Civil Action No. None: Techshell Inc v. Tech21 Uk Limited. Filed in U.S. District Court for the Northern District of Florida, no judge yet assigned. See http://news.priorsmart.com/-labA for more info.

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Published by: PriorSmart on Apr 02, 2014
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1
 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION
 TECHSHELL INC Plaintiff v TECH21 UK LIMITED Defendant Civil Action No. 3:14-cv-159 JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
 Plaintiff, Techshell, Inc., for its Complaint against Defendant, Tech21 UK Limited, alleges as follows:
INTRODUCTION
 1. This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code.
THE PARTIES
 2. Plaintiff, Techshell Inc. (hereinafter “Techshell”) is a Florida Corporation with a  principal place of business located at 1501 Newcastle Way, Pensacola, Florida 32534. 3. On information and belief, Defendant Tech21 UK Limited (“Defendant”) is a company registered in the United Kingdom as registration number 5630013, and has a registered office at Syd’s Quay, Eel Pie Island, Twickenham, TW1 3DY, United Kingdom. 4. On information and belief, Defendant does business as tech21 and operates the
 
 
2national website and store at http://www.tech21.com/shop/.
JURISDICTION AND VENUE
5. This Court has subject matter jurisdiction over all causes of action set forth herein  pursuant to 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States, Title 35, United States Code, including 35 U.S.C. §271
et seq
. 6. This Court has personal jurisdiction over Defendant as: (i) Defendant maintains regular and systematic business contacts with the State of Florida and within this judicial district and division; (ii) Defendant purposely, regularly, and continuously conducts business in the State of Florida and within this judicial district and division; (iii) Defendant purposefully directs its activities at residents of the State of Florida; (iv) the cause of action set forth herein arises out of or relates to the Defendant’s activities in the State of Florida; and (v) the exercise of jurisdiction over Defendant will not offend the traditional notions of fair play and substantial justice. 7. Venue is proper in this judicial district and division pursuant to 28 U.S.C. §1331, §1338(a), §1391, and §1400(b).
COUNT ONE: PATENT INFRINGEMENT (U.S. Patent No. 7,643,274)
8. Techshell realleges and incorporates herein the preceding allegations of this Complaint as if fully set forth herein. 9. On January 5, 2010, the United States Patent and Trademark Office duly and legally issued United States Patent No. 7,643,274, entitled “Protective Cover For Laptop Computer.” A true and correct copy of U.S. Patent No. 7,643,274 is attached hereto as Exhibit “A.”
 
 
3 10. Techshell is the owner, by assignment, of all right, title, and interest in and to U.S. Patent No. 7,643,274 (hereinafter the “’274 Patent”), including the right to bring suit for past,  present, and future patent infringement, and to collect past, present, and future damages. 11. On September 16, 2011 a request for an
inter parte
 reexamination of all claims of the ‘274 Patent was filed with the United States Patent and Trademark Office. As the Patent Office determined that there was no reasonable likelihood that claims 9-15 and 17 of the ‘274 Patent were unpatentable, the Patent Office refused to reexamine claims 9-15 and 17 of the ‘274 Patent. 12. On April 2, 2013, the United States Patent and Trademark Office duly and legally issued a Supplemental Examination Certificate for the ‘274 Patent. 13. Defendant has in the past and continues to infringe at least claims 9-15 and 17 of the ‘274 Patent in violation of 35 U.S.C. §§271 (a), (b), and (c). Defendant’s direct infringing acts include, but are not necessarily limited to, Defendant’s importation, use, offering for sale, and sale of  protective covers for computers, including laptop computers (hereinafter “Defendant’s protective covers”). Information from Defendant’s national website and store (http://www.tech21.com/laptop-cases/apple-macbook-cases/), which shows some representative examples of Defendant’s infringing  protective covers, is attached as Exhibit “B.” Defendant’s patrons and customers also directly infringe at least claims 9-15 and 17 of the ‘274 Patent. 14. Defendant has in the past and continues to indirectly infringe at least claims 9-15 and 17 of the ‘274 Patent in violation of 35 U.S.C. § 271(b) by actively, knowingly, and intentionally inducing direct infringement by other persons, including patrons, customers, and end users, by offering for sale and/or selling Defendant’s protective covers in the United States

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