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Standard Textile Company v. Macy's Retail Holdings

Standard Textile Company v. Macy's Retail Holdings

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00307-SJD: Standard Textile Company Inc v. Macy's Retail Holdings, Inc. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Susan J. Dlott presiding. See http://news.priorsmart.com/-l5TE for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00307-SJD: Standard Textile Company Inc v. Macy's Retail Holdings, Inc. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Susan J. Dlott presiding. See http://news.priorsmart.com/-l5TE for more info.

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Published by: PriorSmart on Apr 16, 2012
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11/04/2013

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1IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF OHIOWESTERN DIVISIONSTANDARD TEXTILE CO., INC.Plaintiff,Vs.MACY'S RETAIL HOLDINGS, INC.Defendant.Case No. 1:12-cv-307Judge:
COMPLAINT AND JURY DEMAND
 Plaintiff, Standard Textile Co., Inc., by its attorneys, for its Complaint, alleges as follows:
The Parties
 1.
 
Plaintiff Standard Textile Co., Inc. ("Standard Textile") is an Alabamacorporation having a principal place of business at One Knollcrest Drive, Cincinnati, Ohio45237.2.
 
On information and belief, defendant Macy's Retail Holdings, Inc. is a New York corporation with a principal place of business at 7 West Seventh Street, Cincinnati, Ohio 45202(hereinafter "Macy's"). Macy's is registered to do business in the State of Ohio, and doessubstantial, systematic and continuous business in the State of Ohio and this judicial district,including the operation of retail stores in the State of Ohio and this judicial district under thename Macy's, and the sale of the products accused to infringe the patent as set out below.
 
2
Jurisdiction
 3.
 
This is an action for patent infringement arising under the patent laws of theUnited States, Title 35, United States Code. Federal question jurisdiction is conferred pursuantto U.S.C. §§ 1331 and 1338(a).
CountInfringement Of United States Patent No. 5,495,874
 4.
 
The allegations of paragraphs 1-3 are incorporated by reference as though fullyset forth herein.5.
 
On March 5, 1996, United States Patent No. 5,495,874, entitled "Woven FabricSheeting" was duly and legally issued to Standard Textile (hereinafter "the '874 patent"), andsince that date Standard Textile has been the owner of the '874 patent. A copy of the '874 patentis attached hereto as Exhibit 1.6.
 
During all relevant times, Standard Textile has marked the products that havebeen manufactured under the '874 patent in accordance with 35 U.S.C. § 287.7.
 
On information and belief, Macy's has infringed, and currently is infringing, oneor more claims of the '874 patent through the offer for sale, sale and importation into the UnitedStates of certain sheets and/or pillowcases, including sheets and/or pillow cases sold by Macy'sin its Macy's stores under the name "Collection by Charter Club
®
" (hereinafter "the AccusedProducts").8.
 
On information and belief, the Accused Products are woven fabric sheetinghaving the feel and absorption characteristics of cotton, and the durability characteristics of polyester, that is formed by warp and filling yarns that occupy and define the top and bottomsurfaces of the sheeting, and is characterized in that the warp yarns are comprised essentially of 
 
3spun cotton staples and the filling yarns are predominantly continuous filament polyester yarns,such that the Accused Products infringe at least claim 1 of the '874 patent.9.
 
On information and belief, the acts of infringement complained of herein arebeing carried out willfully and with full knowledge by Macy's of the '874 patent.10.
 
As a result of the actions of Macy's, Standard Textile has suffered, and continuesto suffer, substantial injury, including irreparable injury, and Standard Textile has been damagedand will continue to be damaged unless Macy's is enjoined by this Court.WHEREFORE, Standard Textile prays:A.
 
That this Court enter a decree holding that Macy's has infringed UnitedStates Patent No. 5,495,874.B.
 
That Macy's, and its agents, employees, successors and assigns, and anyand all persons or entities acting at, through, under or in active concert or participation with orunder authority of or from them, be enjoined and restrained, preliminarily during the course of this proceeding and thereafter permanently, from making, using, offering for sale, selling and/orimporting into the United States any product that infringes United States Patent No. 5,495,874.C.
 
That Macy's be directed to destroy all products in its inventory that havebeen found to infringe United States Patent No. 5,495,874.D.
 
That Macy's be directed to recall all products that have been sold thatinfringe United States Patent No. 5,495,874.E.
 
That Macy's be directed to notify all entities to whom they have sold anyproduct that has been found to infringe United States Patent No. 5,495,874 of the judgmententered in this action and that the product sold to such entity is an infringement of United StatesPatent No. 5,495,874.

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