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Springs Window Fashions v. Richfield Window Coverings

Springs Window Fashions v. Richfield Window Coverings

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-00526: Springs Window Fashions, LLC v. Richfield Window Coverings, LLC. Filed in U.S. District Court for the Western District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-laLL for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-00526: Springs Window Fashions, LLC v. Richfield Window Coverings, LLC. Filed in U.S. District Court for the Western District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-laLL for more info.

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Published by: PriorSmart on Aug 06, 2014
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08/06/2014

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN SPRINGS WINDOW FASHIONS, LLC, Plaintiff, vs. RICHFIELD WINDOW COVERINGS, LLC, d/b/a NIEN MADE (U.S.A.) INC., Defendant. Case No. 14-cv-526 JURY TRIAL DEMANDED
COMPLAINT
Plaintiff Springs Window Fashions, LLC, by and through its attorneys, Michael Best & Friedrich LLP, states for its Complaint against Defendant Richfield Window Coverings, LLC, d/b/a Nien Made (U.S.A) Inc., as follows:
PARTIES
1. Springs Window Fashions, LLC is a limited liability corporation formed in the State of Delaware with its principle place of business located at 7549 Graber Road, Middleton, Wisconsin 53562 and is in the business of making and selling window coverings. 2. Defendant Richfield Window Coverings, LLC, d/b/a Nien Made (U.S.A.) Inc., (“Defendant” or “Richfield”) is a limited liability company organized and existing under the laws of the State of California with its principal place of business at 12301 Hawkins Street, Santa Fe Springs, California 90670. Richfield is a subsidiary of International Window Treatments, Inc., which is a subsidiary of Norman International, Inc. and Nien Made Enterprise Co., Ltd. Richfield is in the business of selling and distributing window coverings and devices that cut window coverings.
 
 - 2 -
JURISDICTION AND VENUE
3. This is an action for patent infringement in violation of 35 U.S.C. § 271. 4. The matter in controversy in this action exceeds the sum or value of $75,000, exclusive of interests and costs, and is between citizens of different states. 5. Defendant regularly transacts business in the State of Wisconsin and in this District by making, using, selling, and/or offering to sell products within this District. Defendant’s business in this District includes substantial and continuous sales of window covering products, and delivery of same, to various retailers, including The Home Depot. These sales have been continuous and substantial over a period of years prior to the filing of this Complaint. Upon information and belief, representatives or agents of Defendant are present in the state of Wisconsin on a regular basis to conduct business related to the sale of products in this state, or to deliver Defendants products to this state. 6. Upon information and belief, Defendant has contractual obligations with The Home Depot and other retailers related to its sale and delivery of products within this District. 7. Upon information and belief, Defendant uses, sells, offers to sell and distributes the Accused Product (defined below) within the United States. Upon information and belief, Defendant has plans to introduce the Accused Product into this District for use by retailers by the end of 2014. 8. Upon information and belief, Defendant has offered to sell the Accused Product to at least one Menards retail location in Wisconsin. 9. This Court has jurisdiction over the subject matter of this action based on 28 U.S.C. §§ 1331, 1332, and 1338(a).
 
 - 3 - 10. This Court has personal jurisdiction over Defendant based on Defendant’s contacts with the State of Wisconsin and this District. 11. Venue is proper in this judicial district based on 28 U.S.C. §§ 1391(b), 1391(c), and 1400(b).
BACKGROUND FACTS
 12. U.S. Patent No. 5,816,126, entitled “CUTTER FOR SHORTENING BLINDS” (“the ’126 Patent”), a copy of which is hereby attached to as Exhibit A, was duly and legally issued by the U.S. Patent and Trademark Office on October 6, 1998. Ehud Pluber is the sole inventor listed on the ’126 Patent. 13. Holis Metal Industries, Ltd. Israeli Co. was the original assignee of the ‘126  patent. Shade-O-Matic Ltd. was assigned all right, title and interest in the ‘126 patent by February 20, 2002. 14. Since March 15, 2002, Springs Window Fashions, LLC is the exclusive licensee of the ’126 Patent in the field of cutting machines used to cut window covering products, and has the right to bring actions for infringement of the ’126 patent. 15. U.S. Patent No. 6,435,066, entitled “CUTTING APPARATUS FOR WINDOW COVERING AND METHODS THEREFOR” (“the ’066 Patent”), a copy of which is hereby attached to as Exhibit B, was duly and legally issued by the U.S. Patent and Trademark Office on August 20, 2002. Darrell J. Kutchmarek and Richard L. Seiders are the inventors listed on the ’066 Patent. 16. Springs Window Fashions, LLC is the owner by assignment of all right, title, and interest in and to the ’066 Patent.

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