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Case 4:09-cv-00620-DCB Document 1 Filed
10/29/09
Page 1 of 7
Peter B. Goldman, State Bar No. 018011AL TFELD
BATT
AILE
&
GOLDMAN
PC
250 North Meyer AvenueTucson, AZ 85701-1047Tel: (520) 622-7733Fax: (520) 622-7967Attorneys for PlaintiffIN THE UNITED STATES DISTRICT COURT
FOR
THE DISTRICT OF ARIZONA
)
10
ABRAMS AIRBORNE MANUFACTURING, )
11
INC., )
)
NO.
12
Plaintiff,
)
)
v.
)
)
)
DEMAND FOR JURY TRIAL
)
16
Defendant.
)
17
VERIFIED COMPLAINT
18
19
Plaintiff, Abrams Airborne Manufacturing, Inc. (hereinafter "Abrams"),
by
its
20
attorneys, for its complaint, alleges that:
21
NATURE OF THE ACTION
22
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This is an action for patent infringement under the United States Patent Act, 35
24
U.S.C.
§§
271, 281, 284 and 285. Abrams seeks injunctive relief and damages.
25
PARTIES
26
1.
Plaintiff Abrams
is
an Arizona corporation having a principal place
of
27 28
business at 3735
N.
Romero Rd., Tucson, Arizona 85705.
1
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8
910
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Case 4:09-cv-00620-DCB Document 1 Filed
10/29/09
Page 2 of 7
2.
On
information and belief, Defendant
Magpul
Industries Corp.(hereinafter"Magpu1") is a Colorado corporation, having a principal place
of
business at400 Young Court, Unit
1,
Erie, Colorado 80516.
JURISDICTION
AND
VENUE
3. This is
an
action for patent infringement under the patent laws
of
the UnitedStates, Title 35, U.S.C. §§ 271,
281,284
and 285.4.Subject matter jurisdiction
of
this
Court
is founded upon 28
U.S.c.
§§
1331,1332
and 1338(a).5.
Defendant
has intentionally reached into the State
of
Arizona to damagePlaintiff.
6.
Defendant knew or
had reason to
know that
its acts aHeged herein wereintentional acts expressly aimed or purposefully directed at a resident
of
the
State
of
Arizona, targeting a
known
resident
of
the State
of
Arizona,
and
would cause harm, thebrunt
of
which would
be suffered and which
Defendant
knew
was
likely to be suffered inthe State
of
Arizona.7. The exercise
of
personal jurisdiction is also
proper
because Magpul
is
doingbusiness within this
judicial
district.
8.
The
exercise
of
personal jurisdiction is also proper because Magpul hascommitted acts
of
patent
infringement within this
judicial
district.9.
Venue
is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b)because Magpul is subject to the exercise
of
personal jurisdiction within this judicial
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Case 4:09-cv-00620-DCB Document 1 Filed
10129/09
Page 3
of
7
district and has committed acts
of
patent infringement within this judicial district.
10.
Venue
is
also proper in this district because Magpul
is
subject to thepersonal jurisdiction
of
this Court under Rule
4
of
the Federal Rules
of
Civil Procedureand the long-arm statute
of
the State
of
Arizona,
Ariz.
R.
Civ.
P.4.2(a).
PATENT
INFRINGEMENT
11.
On August
9,
2005, U.S. Patent No. 6,925,744 B2 (the '744 patent), entitled"Modular Firearm Buttstock" was duly and legally issued on application Serial No.
10/843,246
filed May 11,2004. A copy
of
the '744 patent
is
attached
as
Exhibit
A.
12.
On May 10, 2004, Eric Stephen Kincel, owner
of
all rights, title and interestin and to the modular firearm buttstock invention and Application Serial No.
10/843,246,
sold, assigned and transferred the full and exclusive right to the invention and theApplication Serial
No.1
01843,246
to Vltor Weapon Systems, LLC. A copy
of
theAssignment (including Notice
of
Recordation) is attached as Exhibit B.
13.
On January 26,2005, Vltor Weapon Systems, LLC sold, assigned andtransferred the full and exclusive right to the invention and the Application Serial
No.
10/843,246
to Abrams Airborne Manufacturing, Inc. A copy
of
the Assignment(including Notice
of
Recordation) is attached
as
Exhibit
C.
14. Abrams is the assignee
of
the '744 patent and the owner
of
all rights torecover for past infringements thereof and to enjoin ongoing and future infringementsthereof.
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