JURISDICTION AND VENUE
Placon incorporates all previous allegations by reference. Based on the foregoing, a present, genuine, actual and justiciable controversy exists under 28 U.S.C. §§ 2201 and 2202 and the patent laws, 35 U.S.C. § 1
between Placon and Sabert regarding, among other things, Placon’s alleged infringement of the ’956 patent and the validity of the ’956 patent. 10.
This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331, 1338, 2201. 11.
Upon information and belief, Sabert regularly conducts business throughout the United States and sells products within this judicial district and within this state. Sabert has contracts and/or key sales or distribution relationships throughout the state of Wisconsin, including with DJ Payne, Advance Sales, Joshen Milwaukee, Sysco, Culvers, Reinhart Foods, Roundy’s, Kwik Trip, US Foods, and the University of Wisconsin. Upon further information and belief, Sabert’s sales within the state of Wisconsin amount to at least $10 million annually. Sabert’s business activities in Wisconsin are so continuous and systematic as to essentially render it at home in Wisconsin. This Court has personal jurisdiction over Sabert pursuant to Wis. Stat. § 801.05. 12.
Venue in this case is proper pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b).
COUNT I – DECLARATORY JUDGMENT OF NONINFRINGEMENT
Placon incorporates all previous allegations by reference. 14.
The Placon Product, and any product similar to the Placon Product that is used, manufactured, sold, offered for sale, and/or imported by Placon does not and will not infringe the ’956 patent. 15.
Accordingly, Placon is entitled to a declaratory judgment of noninfringement.
Case: 3:14-cv-00587 Document #: 1 Filed: 08/22/14 Page 3 of 5