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Ortronics v. Siemon Company

Ortronics v. Siemon Company

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-00595-JBA: Ortronics, Inc v. Siemon Company. Filed in U.S. District Court for the District of Connecticut, the Hon. Janet Bond Arterton presiding. See http://news.priorsmart.com/-lapL for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-00595-JBA: Ortronics, Inc v. Siemon Company. Filed in U.S. District Court for the District of Connecticut, the Hon. Janet Bond Arterton presiding. See http://news.priorsmart.com/-lapL for more info.

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Published by: PriorSmart on May 06, 2014
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05/06/2014

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ME1 17621292v.1
 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ______________________________________ ORTRONICS, INC. Plaintiff, v. THE SIEMON COMPANY, Defendant. ______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:14-CV-595 MAY 2, 2014
COMPLAINT
Plaintiff Ortronics, Inc. for its Complaint against Defendant The Siemon Company, hereby alleges, through its attorneys McCarter & English, LLP, as follows:
 
PARTIES
1.
 
Plaintiff Ortronics, Inc. (“Ortronics”) is a corporation organized and existing under the laws of the State of Connecticut, with its principal place of business located at 125 Eugene O’Neill Drive, New London, CT 06320. 2.
 
Upon information and belief, Defendant The Siemon Company (“Siemon”) is a corporation organized and existing under the laws of the State of Connecticut, with its principal place of business located at 101 Siemon Company Drive, Watertown, CT 06795.
JURISDICTION AND VENUE
3.
 
This case involves patent infringement and arises under the Patent Laws of the United States, Title 35, United States Code. This Court has jurisdiction under at least 28 U.S.C.
 
 
-2-
ME1 17621292v.1
 §§ 1331 (federal question) and 1338 (patent actions). 4.
 
Venue is proper under 28 U.S.C. §§ 1391(b) and (c) and 1400(b). Siemon is subject to the personal jurisdiction of this Court with respect to this civil action.
INFRINGED PATENTS
5.
 
U.S. Patent No. 8,526,181 (“the ‘181 Patent”), entitled “Cable Management System Including Airflow Functionality,” issued on September 3, 2013, to Stewart A. Levesque and Lars R. Larsen. Ortronics is the owner of the ‘181 Patent. A copy of the ‘181 Patent is attached as Exhibit A. 6.
 
The ‘181 Patent has not expired and is in full force and effect. 7.
 
Pursuant to 35 U.S.C. § 282, the ‘181 Patent and each of its claims are presumed valid. 8.
 
U.S. Patent No. 8,130,494 (“the ‘494 Patent”), entitled “Equipment Rack and Associated Ventilation System,” issued on March 6, 2012, to Lars R. Larsen and Stewart A. Levesque. Ortronics is the owner of the ‘494 Patent. A copy of the ‘494 Patent is attached as Exhibit B. 9.
 
The ‘494 Patent has not expired and is in full force and effect. 10.
 
Pursuant to 35 U.S.C. § 282, the ‘494 Patent and each of its claims are presumed valid.
SIEMON’S INFRINGEMENT
11.
 
Siemon makes, uses, sells, offers for sale and/or imports within or into the United States baffled cabinet systems that are covered by one or more claims of the ‘181 Patent and by one or more claims of the ‘494 Patent. The infringing products include, but are not limited to,
 
 
-3-
ME1 17621292v.1
 Siemon’s VERSAPOD cabinets equipped with side baffles.
FIRST COUNT (Infringement of the ‘181 Patent)
1-11. Ortronics re-alleges and incorporates by reference paragraphs 1-11 above. 12.
 
In violation of 35 U.S.C. § 271, Siemon has been and still is infringing the ‘181 Patent by making, using, selling, offering to sell and/or importing within or into the United States the VERSAPOD cabinets equipped with side baffles (“the Infringing Product”). 13.
 
Ortronics has been and continues to be damaged and irreparably harmed by infringement of the ‘181 Patent by Siemon.
SECOND COUNT (Infringement of the ‘494 Patent)
 1-11. Ortronics re-alleges and incorporates by reference paragraphs 1-11 above. 12.
 
In violation of 35 U.S.C. § 271, Siemon has been and still is infringing the ‘494 Patent by making, using, selling, offering to sell and/or importing within or into the United States the Infringing Product. 13.
 
Ortronics has been and continues to be damaged and irreparably harmed by infringement of the ‘494 Patent by Siemon.
PRAYER FOR RELIEF
Wherefore, Ortronics demands judgment in its favor and against Siemon as follows: 1.
 
A judgment under 35 U.S.C. § 271 that Siemon infringes the ‘181 Patent and the ‘494 Patent; 2.
 
An order under 35 U.S.C. § 283 preliminarily and permanently enjoining Siemon

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