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Sulzer Mixpac et. al. v. Shanghai NSJ Hardware

Sulzer Mixpac et. al. v. Shanghai NSJ Hardware

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-07804-DLC: Sulzer Mixpac Usa, Inc. et. al. v. Shanghai NSJ Hardware Ltd. Filed in U.S. District Court for the Southern District of New York, the Hon. Denise L. Cote presiding. See http://news.priorsmart.com/-l4BQ for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-07804-DLC: Sulzer Mixpac Usa, Inc. et. al. v. Shanghai NSJ Hardware Ltd. Filed in U.S. District Court for the Southern District of New York, the Hon. Denise L. Cote presiding. See http://news.priorsmart.com/-l4BQ for more info.

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Published by: PriorSmart on Nov 05, 2011
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02/01/2013

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JUDGE
COTE
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
¡^
SULZER MIXPAC USA, INC. and |SULZER MIXPAC AG, ^Plaintiffs,-against-SHANGHAINSJ HARDWARE LTD.Defendant.
¿4
COMPLAINTTRIALDEMAND-X
Plaintiffs Sulzer Mixpac USA, Ine, and Sulzer Mixpac At3-,(coHe/tively"Mixpac" or "Plaintiff") for their complaint against defendant Shanghai NSJ Hardware Ltd.("Defendant or NSJ") seeking damages, injunctive relief, and other relief for patentinfringement, allege as follows:
PARTIES
1. Plaintiff Sulzer Mixpac USA, Inc. is a New Hampshire corporation withits principal place of business at
8
Willow Street, Salem, New Hampshire 03079.2. Plaintiff Sulzer Mixpac AG is a Swiss corporation with its principalplace of business at Rutistrasse 7, CH-9469 Haag, Switzerland.3. Defendant Shanghai NSJ Hardware Ltd. is a Chinese company having itsplace of business at Building
3,
No.488, Fengzhong
Rd,
Fengxi Town, Qingpu District,Shanghai, China Postcode: 201705.
JURISDICTION AND VENUE
4. This court has jurisdiction over Mixpac's patent infringement claimsunder 28 U.S.C. §§ 1331 and 1338(a).
 
5. This court has personal jurisdiction over Defendant because it hastransacted and is transacting business in this district, and has sold, offered for sale, distributed,or imported products that infringe Mixpac's patent in this judicial district. Defendant hasmade, used, imported, sold, or offered for sale in the United States, a product which infringesMixpac's United States Patent No. 6,599,008 ("the '008 Patent"). Defendant has substantialand continuous contacts with New York and has committed acts of infringement in New York,including the Southern District of New York,
sufficient
to confer personal jurisdiction upon it.6. Venue properly lies in this court under 28 U.S.C. §§ 1391(b) (c) and (d)and 1400(b) because Defendant is subject to personal jurisdiction and has committed acts ofpatent infringement in this district. Furthermore, venue is proper as a substantial part of itsinfringing acts have occurred in this district.
BACKGROUND
The
Mixpac three part mixing systems
7. Mixpac is the exclusive manufacturer of a patented three-part system formixing two-part adhesives for industrial applications. The system consists of 1) a dispenser,like a caulking gun, 2) a cartridge containing a two part chemical such as an epoxy having acatalyst and a resin, and 3) a disposable static mixing tip that mixes the chemicals before theyare applied for
a
wide variety of applications, such as construction or repair.
Static Mixer and
Cartridge
Patents
8. Mixpac owns U.S. patents for the dispenser, cartridge and static mixers,including the '008 Patent which is asserted against Defendant in this action.
 
NSJ's Infringement of the
'008
Patent
9. On July 29, 2003, the '008 Patent was duly and legally issued for aninvention entitled "Static Mixer." The '008 Patent is assigned to Sulzer Mixpac AG. A copyof the '008 patent is attached as Exhibit A.10. Defendant NSJ
infringes
the '008 Patent either directly, contributorily, orby inducing infringement by making, using, offering for sale, or importing industrial staticmixers in the United States.11. Defendant has imported, sold, offered for sale or delivered into thisjudicial district static mixers that
infringe
the '008 patent.
COUNTIINFRINGEMENT OF U.S. PATENT NO. 6,599,008
12. Plaintiffs reallege and incorporate herein by reference the allegations inparagraphs
1
through
12
of its complaint.13. By using, importing, selling, or offering to sell their static mixers,Defendant has infringed one or more claims of the '008 Patent directly, contributorily, orthrough inducement. Defendant has engaged in the foregoing conduct with respect to thepatented invention in the United States without authority from Mixpac during the term of the'008 Patent.14. Defendant will not stop using, selling, and/or offering for sale theproducts at issue to avoid infringing the '008 Patent.15. Defendant's infringement has been deliberate, willful, and wanton, andwith
full
knowledge of the '008 Patent.

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