Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Trialcard v. P.S.K.W. & Associates et. al.

Trialcard v. P.S.K.W. & Associates et. al.

Ratings: (0)|Views: 238 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:11-cv-05693-FLW-TJB: Trialcard Incorporated v. P.S.K.W. & Associates et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Freda L. Wolfson presiding. See http://news.priorsmart.com/-l4uP for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:11-cv-05693-FLW-TJB: Trialcard Incorporated v. P.S.K.W. & Associates et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Freda L. Wolfson presiding. See http://news.priorsmart.com/-l4uP for more info.

More info:

Published by: PriorSmart on Oct 03, 2011
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/01/2013

pdf

text

original

 
Thomas B. Kenworthy(
 Pro Hac Vice
Application To Be Filed)Louis W. Beardell, Jr.(
 Pro Hac Vice
Application To Be Filed)Kenneth J. Davis (KD 8582)Kenneth L. Racowski (KR 1622)
MORGAN,LEWIS & BOCKIUS LLP
1701 Market StreetPhiladelphia, Pennsylvania 19103-2921Tel.: 215.963.5000
 Attorneys for Plaintiff 
Fax: 215.963.5001
TrialCard Incorporated 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEYTRIALCARD INCORPORATED,)CIVIL ACTION)Plaintiff,)NO.: _____________)v.))P.S.K.W. & ASSOCIATES)COMPLAINT FOand TRIPLE I MEDIMEDIA)PATENT INFRINGEMENTUSA, INC.,))Defendants.)(JURY TRIAL DEMANDED)
Plaintiff TrialCard Incorporated (“TrialCard”) brings this action for patent infringementagainst defendants P.S.K.W. & Associates (“PSKW”) and Triple I MediMedia USA, Inc.(“Triple I”), and alleges as follows:
THE PARTIES
1.TrialCard is a North Carolina corporation having a principal place of business at6501 Weston Parkway, Suite 370, Cary, North Carolina 27513.
 
-2-
2.On information and belief, PSKW is a New Jersey limited liability companyhaving a principal place of business at 1 Crossroads Drive, Third Floor, Bedminster, New Jersey07921.3.On information and belief, Triple I is a New Jersey corporation having a principal place of business at 350 Starke Road, Carlstadt, New Jersey 07072.
JURISDICTION AND VENUE
4.This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§ 1331 and 1338(a) because this action arises under the patent laws of the United States, 35U.S.C. § 101,
et seq.
 5.Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391(b)(c) and1400(b).
GENERAL AVERMENTS
6.On April 12, 2011, United States Patent No. 7,925,531 (“the ’531 patent”) entitled“Method of Delivering Goods and Services Via Media,” was duly and legally issued by theUnited States Patent and Trademark Office. A true and accurate copy of the ’531 patent isattached hereto as Exhibit A.7.TrialCard is the owner by assignment of all right, title and interest in and to the’531 patent.
COUNT I –PATENT INFRINGEMENT BY PSKW
8.The averments of paragraphs 1 through 7 above are incorporated herein byreference.9.On information and belief, PSKW has infringed and continues to infringe the ’531 patent in violation of 35 U.S.C. §271 by its marketing of programs promoting pharmaceutical
 
-3-
 products so as to perform or cause to be performed all of the steps of at least claim 1 of the ’531 patent.10.As a result of PSKW’s infringement of the ’531 patent, TrialCard has sufferedand continues to suffer injury to its business and property.11.Unless an injunction isissued enjoining PSKW and its officers, agents, servants,employees and representatives, and all those persons and entities in active concert and participation with it, from infringing the ’531 patent, TrialCard will be irreparably harmed.
COUNT II –PATENT INFRINGEMENT BY TRIPLE I
12.The averments of paragraphs 1 through 7 above are incorporated herein byreference.13.On information and belief, Triple I has infringed and continues to infringe one or more claims of the ’531 patent in violation of 35 U.S.C. §271 by its marketing of programs promoting pharmaceutical products so as to perform or cause to be performed all of the steps of at least claim 1 of the ’531 patent.14.As a result of Triple I’s infringement of the ’531 patent, TrialCard has sufferedand continues to suffer injury to its business and property.15.Unless an injunction is issued enjoining Triple I and its officers, agents, servants,employees and representatives, and all those persons and entities in active concert and participation with it, from infringing the ’531 patent, TrialCard will be irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, TrialCard respectfully requests entry of a judgment that includes:A.Findings that PSKW and Triple I have infringed the ’531 patent;

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->