IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF CONNECTICUT
WHELEN ENGINEERING COMPANY, INC. ))Plaintiff, ))v. )) Civil Action No.CODE 3, INC. )PUBLIC SAFETY EQUIPMENT, INC ))Defendants. ))
COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
Plaintiff Whelen Engineering Company, Inc. (“Plaintiff”), for its patent infringementcomplaint against Defendants Code 3, Inc. (“Code 3”) and Public Safety Equipment, Inc. (“PSE”),states as follows:
I. PARTIES, JURISDICTION AND VENUE
1.
This is an action for patent infringement arising under the patent laws of the UnitedStates, Title 35 U.S.C. § 1
et seq
.2.
Plaintiff is a corporation organized and existing under the laws of the State of Connecticut with a principal place of business in Chester, Connecticut.3.
Upon information and belief, Code 3 is a corporation organized and existing under thelaws of the State of Missouri with a principal place of business in St. Louis, Missouri.4.
Upon information and belief, PSE is a corporation organized and existing under thelaws of the State of Missouri with a place of business in St. Louis, Missouri.
25.
Subject matter jurisdiction is conferred upon this Court by 28 U.S.C. §§ 1331 and1338(a).6.
Personal jurisdiction exists generally over Defendants because Defendants havesufficient minimum contacts with this forum as a result of business conducted in the State of Connecticut. Defendants have sold and continue to sell their infringing products in the District of Connecticut.7.
Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
II.
PATENT INFRINGEMENT
8.
United States Patent Number 7,611,270, entitled “Lighthead Mounting Structure,” acopy of which is attached hereto as Exhibit A (hereinafter “the ‘270 Patent”), was duly and legallyissued by the U.S. Patent and Trademark Office on November 3, 2009 and named as inventors JonH. Lyons and Richard H. Morrow, both residents of Connecticut.9.
Plaintiff is, and at all times relevant has been, the lawful owner of all right, title andinterest in and to the ‘270 Patent, including all rights to recover for past infringement thereof byvirtue of an assignment from inventors Jon H. Lyons and Richard H. Morrow, duly executed onSeptember 4, 2007 and recorded in the Assignment Division of the United States Patent andTrademark Office at reel/frame 019836/0918.10.
The ‘270 patent is valid and enforceable.11.
Plaintiff has marked its products embodying the invention claimed in the ‘270 patentin accordance with 35 U.S.C. § 287.12.
Defendant’s have been infringing and are continuing to infringe, directly andindirectly by way of inducement and/or contributory infringement, literally and/or under the doctrineof equivalents, the ‘270 Patent under 35 U.S.C. § 271 by manufacturing, using, offering to sell,
3selling and/or importing in and into this District and/or elsewhere in the United States products thatfall within the scope of one or more claims of the ‘270 Patent.13.
Defendant’s acts of infringement and active inducement of infringement set forthabove have damaged Plaintiff and will continue to cause Plaintiff irreparable harm for whichPlaintiff has no adequate remedy at law unless such acts of infringement and active inducement of infringement are enjoined and restrained by this Court.
III. DEMAND FOR JURY TRIAL
Plaintiff respectfully demands a trial by jury pursuant to Rule 38 of the Federal Rules of CivilProcedure of any issues triable of right before a jury in the above-captioned action.
IV. PRAYER FOR RELIEF
Wherefore, Plaintiff requests that this Court adjudicate the rights of the parties and enter judgment as follows:(a) That Defendants have infringed, and actively induced others to infringe, the '270Patent;(b) That Defendants, their officers, agents, servants, employees, attorneys, all parent,subsidiary and affiliate corporations or other business entities, and all other persons acting in concert, participation or in privity with them, and their successors and assigns are permanently enjoined andrestrained from further infringement and inducement of infringement of the '270 Patent as provided by 35 U.S.C. §283;(c) Order that Defendant’s infringing products be destroyed;(d) Award Plaintiff the damages to which it is entitled under 35 U.S.C. §284 for Defendant’s past infringement and any continuing or future infringement until the date Defendantsare finally and permanently enjoined from further infringement; and
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Whelen Engineering v. Code 3 et. al.
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-00153: Whelen Engineering Co Inc v. Code 3 Inc et. al. Filed in U.S. District Court for the District of Connecticut, no judge yet assigned. See http://news.priorsmart.com/-l5mA for more info.
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