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Medline Industries v. Essential Medical Supply

Medline Industries v. Essential Medical Supply

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-05211: Medline Industries, Inc. v. Essential Medical Supply, Inc. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l6jR for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-05211: Medline Industries, Inc. v. Essential Medical Supply, Inc. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l6jR for more info.

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Published by: PriorSmart on Jun 29, 2012
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04/09/2014

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1
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISION
MEDLINE INDUSTRIES, INC.Plaintiff,v.ESSENTIAL MEDICAL SUPPLY, INC.Defendant.Civil Action No.:TRIAL BY JURY DEMANDED
COMPLAINT IN CIVIL ACTION
Plaintiff Medline Industries, Inc. (hereinafter “Plaintiff”), for its complaint againstDefendant, Essential Medical Supply, Inc., alleges as follows:
INTRODUCTION
1.
 
This is an action brought by Plaintiff arising under the patent laws of the UnitedStates and/or the state of Illinois.2.
 
Plaintiff seeks an injunction and damages against Defendant for infringement of Plaintiff’s patent rights.
THE PARTIES
3.
 
Plaintiff is an Illinois corporation having its principal place of business at 1Medline Place, Mundelein, Illinois 60060.4.
 
Upon information and belief, Defendant Essential Medical Supply, Inc.(“Essential Medical” or “Defendant”) is a Florida corporation having its principal place of 
 
2business at 6420 Hazeltine National Drive Orlando, Florida 32822, and conducts business in thestate of Illinois and within this judicial district.
JURISDICTION AND VENUE
5.
 
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338and 35 U.S.C. § 281 for claims arising under 35 U.S.C. §§ 1
et seq
., the Patent Laws of theUnited States.6.
 
This Court has personal jurisdiction over Defendant pursuant to 735 I.L.C.S.§ 5/2-209, which authorizes an exercise of personal jurisdiction to the extent consistent withfederal due process. Personal jurisdiction is proper here because Defendant has sufficientminimum contacts with Illinois such that the maintenance of this suit does not offend traditionalnotions of fair play and substantial justice.7.
 
Defendant has offered for sale, sold, and/or otherwise distributed infringingtransport chair products in the state of Illinois. For example, Defendant’s infringing transportchair products are offered for sale and, upon information and belief, sold by multiple distributorslocated in Illinois and within this district, including but not limited to, Lang Home MedicalEquipment, Inc. (“Lang Home Medical”), Buffalo Grove, Illinois (
see
Exhibit C), Buffalo GroveDrug Co., Inc. (d/b/a Mark Drug Medical Supply) (“Mark Drug Medical”), Wheeling, Illinois(
see
Exhibit D), and ABC Medical Services, Inc. (“ABC Medical”), Lansing, Illinois (
see
Exhibit E).8.
 
Defendant further caused infringing transport chair products to be offered for saleand sold in Illinois. For example, Defendant’s infringing transport chair products are offered forsale at www.amazon.com, and have been sold to purchasers in Illinois (
see, e.g.
,
 
Exhibits H andI). As further examples, Defendant’s infringing transport chair products are offered for sale and,
 
3upon information and belief, sold to purchasers in Illinois through multiple distributors in thisdistrict, including but not limited to, Lang Home Medical (
see
Exhibit C), Mark Drug Medical(
see
Exhibit D), ABC Medical (
see
Exhibit E), and H. D. Smith Wholesale Drug Co. (“H. D.Smith”) (
see
Exhibits F and G).9.
 
Upon information and belief, Defendant has multiple established distributionchannels in Illinois and in this district with several entities, including but not limited to, LangHome Medical (
see
Exhibit C), Mark Drug Medical (
see
Exhibit D), ABC Medical (
see
ExhibitE), H. D. Smith (
see
Exhibits F and G), and www.amazon.com, an on-line retailer that marketsproducts to, and is accessed by, residents of Illinois (
see
Exhibits H and I). Furthermore, uponinformation and belief, Defendant, by and through a distributor, markets infringing transportchair products to Illinois residents, including, by way of example, the promotion in Exhibit F.Defendant knew the likely destination of its products, and has established connections withIllinois. Defendant’s established distribution channels indicates an expectation that infringingtransport chair products will be purchased by consumers in Illinois.10.
 
Defendant solicits contact from customers in Illinois (
see
Exhibit J), and invitesprospective dealers in Illinois to sell Defendant’s products (
see
Exhibit K).11.
 
Defendant has purposefully directed its activities at residents in Illinois, the claimhere arises out of or relates to those activities, and Defendant knew that its conduct andconnections with this district were such that they should reasonably have anticipated beingbrought into court in the Northern District of Illinois. The assertion of personal jurisdiction isreasonable and fair.12.
 
Venue in this Court is based upon 28 U.S.C. §§ 1391 and 1400.

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