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Broadway Holdings v. Pratt Industries et. al.

Broadway Holdings v. Pratt Industries et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-02210-MAS-TJB: Broadway Holdings I, LLC v. Pratt Industries, Inc. et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Michael A. Shipp presiding. See http://news.priorsmart.com/-lacL for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-02210-MAS-TJB: Broadway Holdings I, LLC v. Pratt Industries, Inc. et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Michael A. Shipp presiding. See http://news.priorsmart.com/-lacL for more info.

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Published by: PriorSmart on Apr 08, 2014
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Gregory A. Petroff, Esq. Reitler Kailas & Rosenblatt LLC 5 Vaughn Drive Princeton, NJ 08540 609-514-1500 gpetroff@reitlerlaw.com Attorneys for Plaintiff 
 
Broadway Holdings I, LLC
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
Civil Action No. ________________
COMPLAINT
(Jury Trial Demanded) BROADWAY HOLDINGS I, LLC Plaintiff, v. PRATT INDUSTRIES, INC. and PRATT INDUSTRIES (USA), INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff Broadway Holdings I, LLC, for its Complaint against Defendants Pratt Industries, Inc. and Pratt Industries (USA), Inc., alleges as follows:
PARTIES
1.
 
Broadway Holdings I, LLC (“Plaintiff”) is a New Jersey limited liability company with its principal place of business at 1 South Middlesex Avenue, Monroe Township, New Jersey 08831. 2.
 
On information and belief, Pratt Industries, Inc. and Pratt Industries (USA), Inc. (collectively, “Pratt” or “Defendants”) are corporations organized under the laws of the State of Delaware, and are headquartered and have their principal place of business at 1800-C Sarasota
 
 
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Parkway, Conyers, Georgia 30013. On information and belief, Pratt also has facilities in Dayton,  New Jersey at 200 Dock Corner Road, Suite 270 and also in Totowa, New Jersey at 11 Commerce Way, Unit C.
NATURE OF THIS ACTION
3.
 
This is an action for (i) patent infringement in violation of the United States patent laws, 35 U.S.C. § 101
et seq.
, (ii) trade dress infringement in violation of the Lanham Act, 15 U.S.C. § 1051
et seq.
, and (iii) violations of the statutory and common law of the State of New Jersey, including N.J.S.A. § 56:4-1
et seq.
, arising out of and based on Pratt’s ongoing promotion, distribution and sale of stretch wrap film dispenser products that infringe the Plaintiff’s intellectual property rights. 4.
 
By this action, Broadway Holdings I, LLC seeks to put a stop to Pratt’s illegal conduct and obtain monetary damages and injunctive relief.
JURISDICTION, VENUE AND JOINDER
5.
 
This Court has subject matter jurisdiction under 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1338 (patent and trademark laws), and 28 U.S.C. §1367 (supplemental  jurisdiction over the Plaintiff’s state law claims). 6.
 
This Court has personal jurisdiction over Pratt because Pratt has committed and continues to commit acts that give rise to the claims in this action, and places infringing products into the stream of commerce with the knowledge or understanding that such products are sold in the State of New Jersey. Further, on information and belief, Pratt maintains and operates facilities in the State of New Jersey, and thus is a resident of the State of New Jersey. 7.
 
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and/or 1400(b) because (i) Pratt conducts business and is subject to personal jurisdiction in this District
 
 
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and (ii) Broadway Holdings I, LLC has its principal place of business and has suffered harm in this District. 8.
 
Joinder is proper under Fed. R. Civ. P. 20(a)(2) and 35 U.S.C. § 299. The Plaintiff’s claims of the Defendants’ patent infringement and trade dress infringement alleged herein are asserted against the Defendants jointly, severally, or in the alternative with respect to or arising, at least in part, out of the same series of transactions or occurrences relating to the Defendants’ manufacture, use, sale, offer for sale, and importation of the same accused products. On information and belief, the Defendants are part of the same corporate family of companies, and the infringement allegations arise at least in part from the Defendants’ collective activities with respect to the Defendants’ accused products. Questions of fact common to the Defendants will arise in the action, including, without limitation, questions relating to the structure and operation of the accused products and the Defendants’ infringing acts.
FACTUAL BACKGROUND The ‘490 Patent
9.
 
On December 31, 2013, U.S. Pat. No. 8,616,490 (the “‘490 patent”) was duly and legally issued by the United States Patent & Trademark Office. A true and correct copy of the ‘490 patent is attached as Exhibit A. 10.
 
The ‘490 patent is valid and enforceable. 11.
 
Broadway Holdings I, LLC is the lawful owner of the ‘490 patent, owns all right, title and interest to the ‘490 patent by virtue of assignment, and has the right to bring suit for infringement of the ‘490 patent. 12.
 
As early as January 1, 2011, Pratt was made aware of Broadway’s patent application, which was eventually published as United States Patent Application No. 12/930,846

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