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
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.
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: