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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: _____________________________________
A.G. FINDINGS & MFG. CO. d/b/a
BALLISTIC CASE CO., a Florida Corporation,
PELICAN PRODUCTS, INC., a Delaware
VERIFIED COMPLAINT FOR PATENT
VERIFIED COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, A.G. Findings & Mfg. Co. d/b/a Ballistic Case Co. (referred to herein as
“Plaintiff”) by and through its undersigned counsel, hereby allege in its Complaint against
Defendant, Pelican Products, Inc. (referred to herein as “Defendant”) as follows:
NATURE OF THE ACTION
1. This is a civil action for patent infringement of United States Patent No.
8,624,111 (hereinafter “the ‘111 Patent”) arising under the Patent Laws of the United States, 35
U.S.C. § 1 et seq.
JURISDICTION AND VENUE
2. This Court has original jurisdiction over the subject matter of this action under 28
U.S.C. §§ 1331, 1332(a), and 1338(a) because this action arises under the Patent Laws of the
United States, 35 U.S.C. § 1 et seq.
3. The parties are diverse and the amount in controversy exceeds $75,000 exclusive
of interests and costs.
4. This Court has personal jurisdiction over the Defendant pursuant to Florida’s
long-arm statute, F.S. § 48.193 (1)(a)(1)-(1)(a)(2), in that the Defendant is (a) operating,
conducting, engaging in, or carrying on a business in the State of Florida and (b) committing
tortious acts within the State of Florida.
5. Furthermore, this Court has personal jurisdiction over the Defendant pursuant to
Florida’s long-arm statute, F.S. § 48.193 (1)(a)(6)(a)-(1)(a)(6)(b), as the Defendant is causing
injury to persons or property within Florida arising out of an act or omission by the Defendant
outside of this state where at or about the time of injury (a) the Defendant engaged in solicitation
or service activities within Florida or (b) products, materials or things processed, serviced or
manufactured by Defendant anywhere were used or consumed within Florida in the ordinary
course of commerce, trade or use.
6. Venue is proper in this district at least under 28 U.S.C. §§1391(b)(2) because
Defendant has committed acts of patent infringement within this district giving rise to this action.
7. Plaintiff is a Florida corporation with its principal address at 1133 Sawgrass Corp.
Parkway, Sunrise, Florida 33323.
8. Based upon information and belief, Defendant is a Delaware corporation with its
principal address at 23215 Early Avenue, Torrance, California 90505.
9. Defendant is in the business of importing, making, selling and/or offering to sell
mobile device cases in this District and throughout the United States.
10. On January 7, 2014, the ‘111 Patent, entitled “Multilayer Portable Device Case
and Method Therefor,” was duly and lawfully issued by the United States Patent and Trademark
Office (“USPTO”). A true and correct copy of the ‘111 Patent is attached hereto as Exhibit A.
11. Fernando Tages and Daniel Acero are the inventors of the ‘111 Patent. See
12. Plaintiff is the owner by assignment of the ‘111 Patent of all right, title and
interest in and to the ‘111 Patent and holds the right to use and recover damages for infringement
thereof, including but not limited to past damages. See Exhibit A.
13. The ‘111 Patent is in full force and effect as of the date of this Complaint and at
all times relevant to the allegations herein.
A.G. FINDINGS & MFG. CO.
14. Plaintiff is well-known in the United States for designing and manufacturing
creative and protective mobile device cases. Plaintiff designs, manufactures and sells mobile
device cases which contain one and two piece hard shells, TPU gels, silicone gels, holsters, belt
clips, sewn leather cases, screen protectors as well as combinations thereof. Using state-of-the-
art materials and fashionable designs, Plaintiff is recognized in the industry for providing
superior quality and stylish products.
15. Plaintiff is the owner by assignment of the ‘111 Patent and the patent is in full
force and effect. The ‘111 Patent is directed toward a mobile device case as shown in the
drawings of the ‘111 Patent. See Exhibit A.
16. Plaintiff manufactures, markets, offers for sale, and sells mobile device cases
which are protected under the ‘111 Patent under the brand name BALLISTIC®. These products
are sold on-line throughout the United States. See Exhibit A.
PELICAN PRODUCTS, INC.
17. Defendant is in the business of importing, using, selling, and/or offering to sell
mobile device cases.
18. Defendant sells products through distributors in the state of Florida as well as
throughout the country.
19. Defendant uses, sells, and offers for sale mobile phone cases under the brand
name “PELICAN PROGEAR™” called the “Voyager.” See copy of websites selling the mobile
phone cases as well as photograph of mobile phone case in package attached hereto as
Composite Exhibit B.
20. The “PELICAN PROGEAR™” Voyager mobile phone cases have been made
available at least at AT&T retail stores and at the att.com/pelican domain name. See Composite
21. Pelican Products, Inc. applied for federal trademark registration for Pelican
Progear™ on or about April 20, 2012 in Trademark Application Serial Nos. 85981991 and
85604062. Accordingly, Pelican Products, Inc. is the owner of the proposed trademark.
22. The Pelican Progear™ Voyager, identified in Paragraphs 19-21 above, are
collectively referred to as the “Pelican Progear™ infringing products.”
23. Defendant has placed Pelican Progear™ infringing products into the stream of
commerce with the knowledge and/or understanding that such products are sold to and used by
customers in this District.
24. The Pelican Progear ™ infringing products infringe at least one claim of the ‘111
(Infringement of U.S. Patent No. 8,624,111)
25. Plaintiff re-alleges and incorporates paragraphs 19-24 from above.
26. Defendant has directly infringed and continues to directly infringe, literally and/or
under the doctrine of equivalents, one or more claims of the ’111 Patent by making, using,
offering to sell and/or selling the Pelican Progear™ infringing products and associated
components in the United States without authority and in violation of 35 U.S.C. §271(a).
27. Based upon information and belief, Defendant’s infringement of the ‘111 Patent
has been willful and deliberate.
28. Defendant’s infringement of the ‘111 Patent will continue unless enjoined by this
29. As a direct and proximate result of Defendant’s infringement of the ‘111 Patent,
Plaintiff has suffered and will continue to suffer irreparable injury and damages in an amount not
yet determined for which Plaintiff is entitled to relief.
PRAYER FOR RELIEF
Plaintiff respectfully requests the Court:
A. Enter a judgment that Defendant has infringed, induced infringement and
contributed to the infringement of the ‘111 Patent.
B. Order Defendant to pay damages to adequately compensate Plaintiff for
Defendant’s patent infringement, including an award of Defendant’s profits from its
infringement of the ‘111 Patent as well as Plaintiff’s lost profits, together with pre- and post-
judgment interest, but in any event not less than a reasonable royalty.
C. Enter a permanent injunction pursuant to 35 U.S.C. § 283, restraining and
enjoining Defendant and its respective officers, agents, servants, employees, attorneys,
customers, licensors, suppliers and those in concert or participation with Defendant from any
further sales, offers for sale, importation or use of infringing products and services and any other
infringement of the ‘111 Patent.
D. Find that Defendant’s patent infringement was willful and malicious and award
treble damages to Plaintiff under 35 U.S.C. §284.
E. Find this to be an exceptional case of patent infringement under 35 U.S.C. §285
and award reasonable attorneys’ fees, costs, and expenses incurred by Plaintiff in prosecuting
F. Award such other and further relief as the Court deems just and equitable.
DEMAND FOR JURY TRIAL
Plaintiff requests trial by a jury for all claims and issues so triable.
Dated: July 23, 2014 Respectfully Submitted,
s/ Alan M. Weisberg
Alan M. Weisberg, Esq.
Florida Bar No. 479349
Elissa A. Tisdahl, Esq.
Florida Bar No. 85521
CHRISTOPHER & WEISBERG, P.A.
200 East Las Olas Boulevard, Suite 2040
Fort Lauderdale, Florida 33301
(954) 828-1488 (Telephone)
(954) 828-9122 (Facsimile)
Attorneys for Plaintiff
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