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Nexersys v. Gustin Et. Al.

Nexersys v. Gustin Et. Al.

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Published by PatentBlast
Nexersys v. Gustin et. al.
Nexersys v. Gustin et. al.

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Published by: PatentBlast on May 09, 2014
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05/09/2014

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ORIGINAL COMPLAINT Page 1
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION NEXERSYS CORPORATION, § § CIVIL ACTION No. 14-384
Plaintiff,
§ § v. § § JURY TRIAL DEMANDED PETE GUSTIN D/B/A VIRTUAL KNOCKOUT, STDIO1 LLC, and HAIRY MONSTER STUDIOS, LLC, § § § §
Defendants.
§ ORIGINAL COMPLAINT
Plaintiff, Nexersys Corporation (“Nexersys”), brings this suit for patent infringement against Defendants, Pete Gustin d/b/a Virtual Knockout (“VKO”), Stdio1 (“ST1”), and Hairy Monster Studios, LLC (“HMS”) (VKO, ST1, and HMS are collectively referred to as “Defendants”), and alleges as follows:
I. Parties
1.
 
Plaintiff Nexersys is a Delaware corporation having a principal place of business at 1021 E 7th St., Ste. 100, Austin, Travis County, Texas 78702-3273. 2.
 
On information and belief, Defendant VKO is an individual doing business as VirtualKockout, having an address at 918 E. Imperial Dr., Hartland, Wisconsin 53029, and may  be served at such address. 3.
 
On information and belief, Defendant ST1 is a Washington state limited liability company having a principal place of business at 15965 NE 85
th
 St., Suite 200, Redmond, Washington 98052, and may be served through its registered agent for service of process, Matthew Hefferon at 22543 NE Alder Crest Lane, Redmond, WA 98053. 4.
 
On information and belief, Defendant HMS is a Wisconsin limited liability
 
 
ORIGINAL COMPLAINT Page 2
company, having an address at P.O. Box 124, Pewaukee, Wisconsin 53072, and may be served through its registered agent for service of process, John C. Klotz, 1081 Bending Brae Drive, Pewaukee, WI 53072-6313.
II. Jurisdiction and Venue
5.
 
This action arises under the patent laws of the United States, Title 35, United States Code § 1,
et seq
. This Court has exclusive subject matter jurisdiction over this case for  patent infringement under 28 U.S.C. §§ 1331 and 1338(a). 6.
 
The Court has personal jurisdiction over Defendants because, on information and  belief, Defendants offer their products for sale in this District, have transacted and conducted  business in this District, have contracted to supply services or products in this District, and have committed and/or induced acts of patent infringement in this District, and/or have placed infringing products into the stream of commerce through established distribution channels with the expectation that such products will be purchased by residents of this District. 7.
 
Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c) and (d) and 1400(b).
III. Factual Background
8.
 
 Nexersys owns all right, title and interest in United States Letters Patent No. 8,079,938 (“the ‘938 Patent”) entitled “Boxing and Martial Arts Fight, Trainer, and Game System and Method,” which was duly and legally issued by the United States Patent & Trademark Office (PTO) on December 20, 2011 after full and fair examination. A copy of the ‘938 Patent is attached as Exhibit A. 9.
 
 Nexersys owns all right, title and interest in United States Letters Patent No. 8,337,366 (“the ‘366 Patent”) entitled “Interactive System and Method for Boxing and Martial Arts,” which was duly and legally issued by the United States Patent & Trademark Office (PTO)
 
 
ORIGINAL COMPLAINT Page 3
on December 25, 2012 after full and fair examination. A copy of the ‘366 Patent is attached as Exhibit B. The ‘938 Patent and the ‘366 Patent are collectively referred to as the “Nexersys Patents.” 10.
 
Defendants are infringing and/or inducing others to infringe by making, using, offering to sell, and/or selling in the United States, and/or importing into the United States,  products or processes that practice one or more inventions claimed in the Nexersys Patents. 11.
 
Defendants have profited through infringement of the Nexersys Patents. As a result of Defendants’ unlawful infringement of the Nexersys Patents, Nexersys has suffered and will continue to suffer damage. Nexersys is entitled to recover from Defendants the damages suffered by Nexersys as a result of Defendants’ unlawful acts. 12.
 
On information and belief, Defendants have known of the Nexersys Patents.  Nexersys notified Defendants of the Nexersys Patents and demanded that Defendants halt infringing activities. 13.
 
On information and belief, Defendants continue and will continue their unlawful infringing activity, and Nexersys continues and will continue to suffer irreparable harm, for which there is no adequate remedy at law, from such unlawful activity unless Defendants are enjoined by this Court.
IV. Infringement of U.S. Patent No. 8,079,938 (the “’938 Patent’)
14.
 
 Nexersys hereby incorporates and realleges paragraphs 1 through 13 above as though fully set forth herein. 15.
 
Defendants, by making, using, selling, offering to sell, and/or importing in or into the United States, without authority, devices under inventions claimed in the ‘938 Patent, have directly or indirectly infringed (by contributory infringement and/or inducement of infringement), and are continuing to infringe, directly or indirectly, the ‘938 Patent in this district

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