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Salus Corporation d/b/a ICP Medical v. Tidi Products

Salus Corporation d/b/a ICP Medical v. Tidi Products

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:12-cv-01155: Salus Corporation d/b/a ICP Medical v. Tidi Products, LLC. Filed in U.S. District Court for the Eastern District of Missouri, no judge yet assigned. See http://news.priorsmart.com/-l6j3 for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:12-cv-01155: Salus Corporation d/b/a ICP Medical v. Tidi Products, LLC. Filed in U.S. District Court for the Eastern District of Missouri, no judge yet assigned. See http://news.priorsmart.com/-l6j3 for more info.

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Published by: PriorSmart on Jun 28, 2012
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02/01/2013

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UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MISSOURIEASTERN DIVISIONSalus Corp. d/b/a ICP Medical,Plaintiff,v.Tidi Products, LLC.Defendant.Case No.JURY TRIAL DEMANDEDCOMPLAINT
Plaintiff Salus Corp. d/b/a ICP Medical (“ICP”), by and through its attorneys, herebycomplains against Defendant Tidi Products, LLC (“Tidi”) as follows:
NATURE OF THE SUIT
 1.
 
This cases arises from the illegal and unfair acts of Tidi in making, offering forsale, and selling surgical gowns that infringe ICP’s U.S. Patent No. D598,638.
THE PARTIES
2.
 
Plaintiff Salus Corporation is a Missouri company, having a principal place of business in St. Louis, Missouri, and does business as ICP Medical.3.
 
Defendant Tidi Products LLC is a Delaware limited liability company with aplace of business in Neenah, Wisconsin.
JURISDICTION AND VENUE
4.
 
This Court has exclusive jurisdiction over the subject matter of ICP’s patentinfringement claims pursuant to 28 U.S.C. §§1331 and 1338(a), because this action arises underthe patent laws of the United States, 35 U.S.C. §1,
et seq
.
 
 25.
 
On information and belief, this Court has personal jurisdiction pursuant to Fed. R.Civ. P. 4(e) and Mo.Rev.Stat. §506.500, which operate to effect “long-arm” jurisdiction overTidi due to its contacts with this judicial district.6.
 
Venue is proper in this jurisdiction under 28 U.S.C. §§1391 and 1400(b).
ICP’s U.S. Patent No. D598,638
7.
 
United States Patent No. D598,638 (the “'638 Patent”), entitled “DisposableMedical Gown,” issued on August 15, 2009. A copy of the '638 Patent is attached to theComplaint as Exhibit A.8.
 
ICP is the owner of the ‘638 Patent by virtue of an assignment executed by thesole named inventor Joseph A Graneto, III, to Salus Corporation on July 16, 2008, and recordedin the U.S. Patent and Trademark Office on July 21, 2008, at Reel 021267, Frame 0740. A copyof the abstract of the assignment from the United States Patent and Trademark Office website isattached as Exhibit B.9.
 
The ‘638 Patent is valid, enforceable, and is currently in full force and effect.10.
 
The ‘638 Patent claims a novel, ornamental design for a disposable medical gownas shown in Figures 1 through 7 of the ‘638 Patent.
TIDI’S INFRINGEMENT
11.
 
On information and belief, Tidi is making, using, offering for sale, and sellingdisposable medical gowns that infringe the ‘638 Patent, including at the APIC trade show in SanAntonio, Texas in June 2012. Photographs of the accused infringing product and thecorresponding figures from the ‘638 Patent are attached as Exhibit C.12.
 
On information and belief, Tidi promoted its use and offer for sale of the accusedinfringing product on the internet, including on Facebook:
 
 313.
 
Tidi’s acts are causing substantial injury and threaten to cause substantial injury toICP.14.
 
ICP has given actual notice of infringement of the ‘638 Patent to Tidi, and oninformation and belief, Tidi continues its infringing acts without just cause or excuse.15.
 
On information and belief, Tidi’s infringement of the ‘638 Patent is willful.16.
 
ICP has no adequate remedy at law for Tidi’s infringement.17.
 
On information and belief Tidi’s infringement will continue unless restrained bythis Court.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff ICP respectfully requests that this Court grant the followingequitable relief:A. Enter an Order preliminarily, and at the time of final judgment permanentlyenjoining Tidi, its division, business units, agents, servants, licensees, distributors, andemployees and all persons in active concert or participation with them, from manufacturing andselling disposable medical gowns that infringe U.S. Patent No. D598,638.B. Enter an order requiring Tidi to file with the Court and to serve on ICP’s counsel,within thirty (30) days after service of any preliminary injunction or permanent injunction issued,

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