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Safety Armor v. ReadyMax

Safety Armor v. ReadyMax

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-01429-AJB-DHB: Safety Armor LLC v. ReadyMax, Inc. Filed in U.S. District Court for the Southern District of California, the Hon. Anthony J. Battaglia presiding. See http://news.priorsmart.com/-layV for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-01429-AJB-DHB: Safety Armor LLC v. ReadyMax, Inc. Filed in U.S. District Court for the Southern District of California, the Hon. Anthony J. Battaglia presiding. See http://news.priorsmart.com/-layV for more info.

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Published by: PriorSmart on Jun 12, 2014
Copyright:Public Domain

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06/12/2014

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COMPLAINT
 
1
KENT M. WALKER SBN 173700 kwalker@lewiskohn.com LEWIS KOHN & FITZWILLIAM, L.L.P. 10935 Vista Sorrento Parkway, Suite 370 San Diego, California 92130 Tel (858) 436-1330 Fax (858) 436-1349 Attorneys for Plaintiff Safety Armor LLC UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION Safety Armor LLC, a California limited liability company, Plaintiff, v. ReadyMax, Inc., a Delaware corporation, Defendant. Case No.:
COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL
Plaintiff Safety Armor LLC (hereinafter, "SAFETY ARMOR"
or “Plaintiff”
) hereby complains of Defendant ReadyMax, Inc. (hereinafter "ReadyMax
or
“Defendant”
) and alleges as follows:
JURISDICTION AND VENUE
1.
 
This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code, and more particularly 35 U.S.C. § §271 and 281.
 
'14
CV1429
 DHB
AJB
 
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COMPLAINT
 
2
2.
 
This Court has subject matter jurisdiction under 28 U.S.C. § § 1331 and 1338(a). 3.
 
Venue is proper in this judicial district under 28 U.S.C. § § 1391 (b) and (c), and 1400(b).
THE PARTIES
4.
 
Plaintiff SAFETY ARMOR is a limited liability company organized under the laws of the State of California with its principal place of business at 4085 Keri Way, Fallbrook, CA 92028. 5.
 
SAFETY ARMOR is the owner by assignment of United States Patent No. 6,340,227 (the "'227 patent") duly and lawfully issued on January 22, 2002. A copy of the '227 patent is attached hereto as Exhibit A.
 
6.
 
SAFETY ARMOR is informed and believes, and on that basis alleges, that Defendant Ready Max, Inc. is a Delaware corporation located at Suite 200, 3132 Dwight Rd., Elk Grove, California, doing business in this judicial district, and has committed acts of infringement in this judicial district. SAFETY ARMOR is informed and believes, and on that basis alleges, that READYMAX is formerly known as StreamWorks, LLC.
FIRST CLAIM FOR RELIEF (Patent Infringement)
7.
 
SAFETY ARMOR hereby realleges and incorporates by reference the allegations set forth in paragraphs 1 through 6. 8.
 
SAFETY ARMOR is informed and believes, and on that basis alleges, that READYMAX has been and still is infringing the
‘227
 patent under 35 U.S.C. §271 (a) by making, using, importing, selling and/or offering for safety glasses with retractable ear plugs,
including but not limited to READYMAX’s PlugSafety
 product (see, e.g., http://www.plugssafety.com/product.php?id=8), that are covered
 by at least one claim of the ‘227 patent, including but not limited
to at least claims 8
 
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COMPLAINT
 
3
and 11. A true and correct copy of an illustration of the PlugSafety product from that webpage is attached as Exhibit B. SAFETY ARMOR is further informed and  believes, and on that basis alleges, that
READYMAX’s
infringement of the
‘227
 patent under §271 (a) will continue unless enjoined by this Court. 9.
 
SAFETY ARMOR is informed and believes, and on that basis alleges, that if READYMAX continues infringing the
‘227 p
atent in the manners described above with full knowledge thereof, such infringement will be willful and deliberate and will continue unless enjoined by this Court. 10.
 
SAFETY ARMOR is informed and believes, and on that basis alleges, that READYMAX derived, received, and will continue to derive and receive from the aforesaid acts of infringement gains, profits, and advantages, tangible and intangible, and that SAFETY ARMOR has accordingly been damaged, the extent of which is not presently known to SAFETY ARMOR. By reason of the aforesaid acts of infringement, SAFETY ARMOR has been, and will continue to be, greatly and irreparably damaged. 11.
 
SAFETY ARMOR is informed and believes, and on that basis alleges, that
READYMAX’s
deliberate acts in full view of the
‘227 p
atent, constitute an exceptional case within the meaning of 35 U.S.C. §285.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for relief as follows: A.
 
That Defendant be adjudged to have infringed the Patents under 35 U.S.C.§§271(a); B.
 
That Defendant its subsidiaries, divisions, affiliates, officers, agents, servants, employees and attorneys, and all those persons in active concert or  participation with it be permanently restrained and enjoined under 35 U.S.C. §283 from directly or indirectly infringing the
‘227 p
atent;

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