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ThermoLife International v. John's Lone Star Distribution

ThermoLife International v. John's Lone Star Distribution

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-03839-R-VBK: ThermoLife International, LLC v. John's Lone Star Distribution, Inc. Filed in U.S. District Court for the Central District of California, the Hon. Manuel L. Real presiding. See http://news.priorsmart.com/-lav6 for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-03839-R-VBK: ThermoLife International, LLC v. John's Lone Star Distribution, Inc. Filed in U.S. District Court for the Central District of California, the Hon. Manuel L. Real presiding. See http://news.priorsmart.com/-lav6 for more info.

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Published by: PriorSmart on May 24, 2014
Copyright:Public Domain

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07/10/2014

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- 1 -
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff ThermoLife International, LLC (“Plaintiff”) hereby alleges for its Complaint against John’s Lone Star Distribution, Inc. (“Defendant”), on personal knowledge as to its own activities and on information and belief as to the activities of others, as follows:
I. THE PARTIES
1.
 
Plaintiff is a limited liability company organized and existing under the laws of Arizona, with a place of business at 1811 Ocean Front Walk in Venice, California, 90291. 2.
 
Plaintiff is the owner and assignee of the following United States Patent  No. 8,455,531, titled “Amino Acid Compositions” (the ‘531 Patent). Plaintiff is also the owner and assignee of Patent No. 8,466,187, titled “Amino Acid Compositions.” 3.
 
The ‘531 patent is referred to herein as the “patent in suit.” 4.
 
Defendant John’s Lone Star Distribution, Inc. is a corporation organized and existing under the laws of Texas with a principal place of business at 11370 Pagemill Road in Dallas, Texas, 75243.
II. JURISDICTION AND VENUE
 5.
 
This is an action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338, and 1367. 6.
 
Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400. 7.
 
This Court has personal jurisdiction over Defendant. By way of example and without limitation, Defendant, directly or through intermediaries (including distributors, retailers, and others), ships, distributes, advertises, markets, offers for sale, and/or sells dietary supplement products that infringe on one or more claims of the  patent in suit (hereinafter the “accused products”), which include without limitation  products sold under Dymatize’s “Xpand 2x,” Purus Labs’ “Condense,” Purus Labs’ “d-Pol,” Grenade’s “.50 Caliber,” and Species’ “Nitrolyze” brand names in the United States, the State of California, and the Central District of California.
 
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- 2 - COMPLAINT FOR PATENT INFRINGEMENT
8.
 
By way of further example and without limitation, Defendant has  purposefully and voluntarily placed the accused products into the stream of commerce with the expectation that they will be purchased in the Central District of California, and the products are actually purchased in the Central District of California.
III. THE DEFENDANT’S INFRINGEMENTS
9.
 
Defendant has committed the tort of patent infringement within the State of California, and more particularly, within the Central District of California, by virtue of the fact that Defendant has shipped, distributed, advertised, offered for sale, and/or sold the accused products in this District, and continues to do so.
A. DIRECT INFRINGEMENTS
10.
 
Defendant’s employees, agents, representatives and other persons sponsored by or who endorse Defendant and Defendant’s products in advertising and marketing activities, have taken, used, and orally administered the accused products. 11.
 
The accused products are or were shipped, distributed, advertised, offered for sale, and sold by Defendant to include certain ingredients that, by virtue of their inclusion in the products, infringe one or more claims of the patent in suit. 12.
 
The accused products are or were shipped, distributed, advertised, offered for sale, and sold by Defendant to include specific ingredients for certain purposes that,  by virtue of their inclusion in the products for such purposes, infringe one or more claims of the patent in suit, and as a result, when Defendant’s employees, agents, representatives and other persons sponsored by or who endorse Defendant and Defendant’s products in advertising and marketing activities orally administer the accused products, they are practicing the methods disclosed in those claims. 13.
 
These infringing ingredients, and/or combinations thereof, include, without limitation, Nitratine, Beet Root Extract, Red Beet Juice, High Nitrate Pomegranate Extract, D-Aspartic Acid, Beta Alanine, Micronized Pure Creatine Monohydrate, Beta-Alanine, L-Leucine, L-Isoleucine, L-Valine, Agmatine Sulfate, L-Tyrosine, Creatine Monohydrate, and Agmatine, as set forth on the labels for the accused products.

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