IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MESU BAIT COMPANY, LLC, Plaintiff, v.

OWNER AMERICAN CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) )

13-CV-1189-SAC-KGS Case No. ____________________

COMPLAINT Plaintiff, Mesu Bait Company, LLC (“MESU”), files this complaint against defendant, Owner American Corporation (“Owner”), and states as follows: 1. Plaintiff MESU seeks a declaratory judgment pursuant to 28 U.S.C. § 2201 that it

has not infringed and is not infringing U.S. Patent No. 7,841,127 (“the ‘127 Patent”), either literally or under the doctrine of equivalents. 2. Plaintiff MESU is a Kansas limited liability company with its principal place of

business in Rose Hill, Kansas. 3. Defendant Owner is a California corporation with its principal place of business

in Costa Mesa, California. 4. 5. 6. This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1338 and 2201. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391. Upon information and belief, Owner is the owner of the ‘127 Patent, which was

issued on November 30, 2010, and claims subject matter relating to a soft bait connector for a fishing hook.

1

7.

Independent claims 1 and 6 of the ‘127 Patent both describe a fishing hook rig

comprising, at least in part, a soft bait connector that is attached to the top end of the fishing hook and is capable of lying generally co-linear with an axis defined by the barbed end portion of the hook. 8. Plaintiff MESU manufactures and markets a variety of fishing hook products,

including products that employ a connector to which soft bait can be attached. 9. By letter dated March 5, 2013, defendant Owner asserted that a fishing hook

product manufactured and marketed by plaintiff MESU infringes the ‘127 Patent. 10. Neither the product identified by defendant Owner in its March 5, 2013, letter nor

any other products that plaintiff MESU manufactures and markets employs a connector that is both attached to the top end of the fishing hook and capable of lying generally co-linear with the axis defined by the barbed end portion of the hook. 11. Pursuant to 28 U.S.C. § 2201, an actual controversy exists within this court’s

jurisdiction between plaintiff MESU and defendant Owner regarding whether plaintiff MESU has infringed or is infringing the ‘127 Patent, either literally or under the doctrine of equivalents. 12. Plaintiff MESU is entitled to a judgment declaring that it has not and is not

infringing the ‘127 Patent. WHEREFORE, Plaintiff MESU requests to enter a judgment pursuant to this Complaint, declaring that plaintiff MESU has not infringed and is not infringing on U.S. Patent 7,841,127, awarding Plaintiff MESU its costs incurred herein, and granting plaintiff MESU any such other and further relief as the court deems just and proper.

2

Respectfully submitted, FOULSTON SIEFKIN LLP By: /s/ Todd N. Tedesco Todd N. Tedesco, #15652 1551 North Waterfront Parkway Suite 100 Wichita, Kansas 67260-4466 Tel: 316-291-9776 Fax: 866-347-5138 Email: ttedesco@foulston.com Attorneys for Plaintiff DESIGNATION OF PLACE OF TRIAL Plaintiff herein requests that the trial in this matter be held in the United States District Court for the District of Kansas sitting in Wichita, Kansas.

By: /s/ Todd N. Tedesco Todd N. Tedesco, #15652

3

Sign up to vote on this title
UsefulNot useful