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ADA Solutions v. Access Products, Inc. d/b/a Access Tile et. al.

ADA Solutions v. Access Products, Inc. d/b/a Access Tile et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-11757: ADA Solutions, Inc. v. Access Products, Inc. d/b/a Access Tile et. al. Filed in U.S. District Court for the District of Massachusetts, no judge yet assigned. See http://news.priorsmart.com/-l4ve for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-11757: ADA Solutions, Inc. v. Access Products, Inc. d/b/a Access Tile et. al. Filed in U.S. District Court for the District of Massachusetts, no judge yet assigned. See http://news.priorsmart.com/-l4ve for more info.

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Published by: PriorSmart on Oct 05, 2011
Copyright:Public Domain

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02/01/2013

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS
 ADA SOLUTIONS, INC.,Plaintiff,vs.ACCESS PRODUCTS INC. d/b/aACCESS TILE and WHITE CAPCONSTRUCTION SUPPLY, INC.Defendants.Civil Action No.:
11-11757
 
COMPLAINT
(Jury Trial Requested)Plaintiff ADA Solutions, Inc. ("ADA"), complaining of Defendants Access Products Inc.d/b/a Access Tile ("Access") and White Cap Construction Supply, Inc. ("White Cap")(referenced collectively as "Defendants" and individually as "Defendant" herein), alleges andasserts the following:
GENERAL ALLEGATIONS
1. Plaintiff ADA Solutions, Inc. ("ADA") is a corporation organized and existingunder the laws of the State of Massachusetts and has a place of business at 10 Elizabeth Drive,Chelmsford, Massachusetts 01824.2. Upon information and belief, Defendant Access Products Inc. d/b/a Access Tile("Access") is a business entity organized and existing under the laws of the State of New York and having a place of business at 241 Main Street, Suite 100, Buffalo, New York 14203.3. Upon information and belief, Defendant White Cap Construction Supply, Inc.("White Cap") is a business entity organized and existing under the laws of the State of Delaware
 
 
2and having a principal place of business at 3100 Cumberland Boulevard, Suite 1700, Atlanta,Georgia 30339.
JURISDICTION AND VENUE
4. The action herein alleged arises under the Patent Laws of the United States, 35U.S.C. §§ 1 et seq. and, more particularly 35 U.S.C. §§ 271, 285-87.5. Jurisdiction is conveyed upon this Court pursuant to 28 U.S.C. §§ 1331 and1338(a).6. Upon information and belief, this Court has personal jurisdiction over Defendantsat least by virtue of each Defendant having conducted business in this District and/or havingcommitted one or more acts of infringement in this District.7. Venue is proper pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).
PATENT-IN-SUIT
8. The allegations set forth in the previous paragraphs are incorporated by referenceas if fully set forth herein.9. U.S. Patent No. 8,028,491 ("the '491 patent") entitled "Replaceable Wet-Set TactileWarning Surface Unit and Method of Installation and Replacement" was duly and legally issuedon October 4, 2011. A true and correct copy of the '491 patent is attached hereto as Exhibit Aand is incorporated herein by reference.10. The inventors of the '491 patent, namely John P. Flaherty and William Scott Ober,have assigned all right, title, and interest in and to the '491 patent to ADA.11. ADA presently owns all right, title, and interest in and to the '491 patent.
 
 
3
FIRST CLAIM FOR RELIEF(Patent Infringement)
12. The allegations set forth in the previous paragraphs are incorporated by referenceas if fully set forth herein.13. Upon information and belief, Defendants have supplied, offered for sale, sold,and/or imported, and upon information and belief continue to supply, offer for sale, sell, and/orimport, certain replaceable tactile warning systems (collectively "Infringing Products"),including without limitation certain products identified as Access Tile Cast in Place Replaceableproducts.14. Upon information and belief, Defendants have manufactured or have hadmanufactured for sale Infringing Products, including without limitation certain productsidentified as Access Tile Cast in Place Replaceable products.15. Upon information and belief, Defendants' aforementioned actions directly infringethe '491 patent.16. Upon information and belief, purchasers of Infringing Products from Defendantsuse and install the Infringing Products so as to directly infringe the '491 patent.17. Upon information and belief, Defendants' Infringing Products are especially madeor adapted for use in a manner that infringes one or more claims of the '491 patent.18. Upon information and belief, Defendants' Infringing Products do not have asubstantial noninfringing use.19. Upon information and belief, Defendants knew or should have known that theiractions and/or any continued actions would cause direct infringement.

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