12345678910111213141516171819202122232425262728293031323334353637383940SECOND AMENDED COMPLAINT – 2
CIVIL ACTION NO. 1:12-CV-00684
RANKIN, HILL & CLARK LLP
38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711
3. MRC is the owner, by written assignment, of all right, title and interest in and to U.S. Design Patent No. D634,487 (hereinafter "the '487 Patent"), entitled "Baseball Jersey for a Dog", which issued on March 15, 2011 to Mark Cohen based on an application filed on September 8, 2010. A true and accurate copy of the '487 Patent is attached hereto as Exhibit B. 4. Upon information and belief, Hunter MFG., LLP (hereinafter “Hunter”)is a Delaware limited liability partnership, and has a principal place of business 201 West Loudon Avenue Lexington, Kentucky 40508. 5. Upon information and belief, CDI International, Inc. (hereinafter “CDI”) is a Pennsylvania corporation, and has a principal place of business at 525 South 4th St. Philadelphia, Pennsylvania 19147. Further, upon information and belief, CDI has a distribution facility at 851 Second Street, Perrysburg, Ohio 43551.
II. Jurisdiction and Venue
6. This is an action for patent infringement under the patent laws of the United States and, more particularly, Title 35 of the United States Code.7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1338(a) (jurisdiction over patent actions). 8. This Court has personal jurisdiction over Defendants because Defendants have conducted, and do conduct, business within the State of Ohio and the Northern District of Ohio. Defendants, either directly or through distributors and/or retailers or others, ship, distribute, offer for sale, sell, and advertise their products in the United States, the State of Ohio, and within this judicial district. On information and belief, Defendants have imported into the United States and have offered to sell and sell pet apparel, and particularly football jerseys and baseball jerseys for dogs, either directly or through third party retailers located within the State of Ohio and the Northern District of Ohio, that respectively infringe the ‘488 Patent and ‘487 Patent with the expectation that these pet football and baseball jerseys will be purchased by consumers in the Northern District of Ohio.
Case: 1:12-cv-00684-PAG Doc #: 37 Filed: 09/10/12 2 of 8. PageID #: 308