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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MOJACK DISTRIBUTORS, LLC Plaintiff, v.

HARBOR FREIGHT TOOLS USA, INC. Defendant. ) ) ) ) ) ) ) ) ) ) )

13-CV-1208-JAR-DJW Case No. _______________


JURY TRIAL DEMANDED COMPLAINT FOR PATENT INFRINGEMENT

COMPLAINT Plaintiff MoJack Distributors, LLC (MoJack), for its complaint against Defendant Harbor Freight Tools USA, Inc. (Harbor Freight), states as follows: The Parties 1. MoJack is a limited liability company organized and existing under the laws of

the state of Kansas, with a principal place of business at 3535 North Rock Road, Suite 300, Wichita, Kansas 67226. All of the members of MoJack are residents of the State of Kansas. 2. Harbor Freight Tools USA, Inc. is a corporation organized and existing under the

laws of the state of Delaware, having a principal place of business at 26541 Agoura Road, Calabasas, California, 91302. 3. On information and belief, Harbor Freight conducts business under the name

Pittsburgh Automotive.

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Jurisdiction 4. This action arises under the patent laws of the United States, Title 35 of the

United States Code, 35 U.S.C. 1 et seq., including 271 and 281. This court has jurisdiction over the subject matter of this complaint under 28 U.S.C. 1331 and 1338. 5. On information and belief, Harbor Freight offers for sale and sells products,

including the Pittsburgh Automotive line of products, through their retail stores throughout the United States, including the state of Kansas, as well as on the Internet through their interactive, commercial website located at http://www.harborfreight.com. 6. According to the most recent filings with the Kansas Secretary of State, Harbor

Freight Tools USA, Inc. is registered to do business in the state of Kansas, and may be served through its registered agent in Kansas: Corporation Service Company, 2900 SW Wanamaker Drive, Suite 204, Topeka, Kansas, 66614. 7. district. 8. district. 9. On information and belief, Harbor Freight offers the Lift Product for sale in this On information and belief, Harbor Freight offers products for sale in this judicial On information and belief, Harbor Freight conducts business in this judicial

judicial district. 10. 11. district. On information and belief, Harbor Freight sells products in this judicial district. On information and belief, Harbor Freight sells the Lift Product in this judicial

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12.

On information and belief, Harbor Freight imports products into the United

States, including this judicial district. 13. On information and belief, Harbor Freight imports the Lift Product into the

United States, including this judicial district. 14. Harbor Freight is subject to this courts personal jurisdiction pursuant to K.S.A.

60-308(b), by virtue of its registration to do business in the state of Kansas, its transaction of business in the State of Kansas and this district, its commission of tortious acts in the State of Kansas, and its entering into express or implied contracts, by mail or otherwise, with residents of the State of Kansas to be performed in whole or in part by either party in the State of Kansas. 15. Harbor Freight is also subject to this courts general jurisdiction as a result of

regularly doing or soliciting business, engaging in persistent courses of conduct, and/or deriving substantial revenue from goods sold and provided to persons or entities residing in this judicial district. Venue 16. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400. Factual Background 17. MoJack manufactures and sells vehicle lifts (MoJack Lifts) capable of elevating

two wheels of a multi-wheeled vehicle thereby allowing maintenance to be performed on the vehicle. 18. The MoJack Lifts include features claimed in pending U.S. patent applications, as

well as features claimed in the Patent-In-Suit. The Patent-In-Suit

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19.

Plaintiff MoJack is the owner by assignment of all right, title, and interest in and

to United States Patent No. 8,448,920 (the 920 patent), titled Methods and Apparatuses for a Small Vehicle Jack Apparatus, which was duly and legally issued by the United States Patent and Trademark Office in the name of Norman Krug on May 28, 2013. A true and correct copy of the 920 patent is attached to this complaint as Exhibit A. 20. The 920 patent is valid and enforceable. Harbor Freight 21. Harbor Freight has made, used, offered to sell, and/or sold in the United States,

and/or imported into the United States, products under the name Pittsburgh Automotive, including a product called the High Lift Riding Mower/ATV Jack (the Lift Product). An image of the Lift Product is attached as Exhibit B. 22. Harbor Freight continues to make, use, offer to sell, and/or sell in the United

States, and/or import into the United States, the Lift Product. 23. On information and belief, within this judicial district, Harbor Freight has made,

used, offered to sell, and/or sold, and/or imported the Lift Product, and continues to make, use, offer to sell, and/or sell, and/or import the Lift Product. 24. Harbor Freights making, using, offering to sell, selling, and/or importing of the

Lift Product in the United States is without the permission of MoJack. 25. Harbor Freights making, using, offering to sell, selling, and/or importing of the

Lift Product in the United States infringes one or more claims of the 920 patent. Count I Infringement of U.S. Patent No. 8,448,920 26. MoJack realleges and incorporates by reference the allegations set forth in

paragraphs 1 25 above. 4
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27.

Harbor Freight has directly infringed, actively induced infringement, and/or

contributorily infringed one or more claims of the 920 patent by making, using, offering for sale, selling, and/or importing the Lift Product in the United States without MoJacks permission. 28. this court. 29. As a direct and proximate consequence of Harbor Freights infringement of the Harbor Freights infringement of the 920 patent will continue unless enjoined by

920 patent, MoJack has suffered and will continue to suffer irreparable injury and damages, in an amount to be determined at trial, for which MoJack is entitled to relief. Prayer for Relief WHEREFORE, MoJack requests this court enter judgment against Harbor Freight, and grant MoJack the following relief: A. B. Enter judgment that MoJacks asserted patent is valid and enforceable; Enter judgment that Harbor Freight infringed one or more claims of MoJacks

asserted patent; C. Enter judgment that Harbor Freight has induced infringement of one or more

claims of MoJacks asserted patent; D. Enter judgment that Harbor Freight has contributorily infringed one or more

claims of MoJacks asserted patent; E. Enter a permanent injunction restraining and enjoining Harbor Freight, and its

officers, agents, servants, employees, attorneys, and those persons in active concert or participation with Harbor Freight who receive actual notice of the order by personal service or otherwise, from any further making, using, offering for sale, or selling, and/or importing the Lift Product that infringes MoJacks asserted patent, whether direct or indirect;

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F.

An award of a reasonable royalty under 35 U.S.C. 154 adequate to compensate

MoJack for Harbor Freights infringement of MoJacks provisional rights in MoJacks asserted patents; G. An award of damages under 35 U.S.C. 284 adequate to compensate MoJack for

Harbor Freights infringement of MoJacks asserted patent, in an amount not less than a reasonable royalty, together with interest and costs; H. I. J. A finding that this case is exceptional under 35 U.S.C. 285; An award to MoJack of its reasonable attorney fees under 35 U.S.C. 285; and Such other further relief as this court or a jury may deem just and/or proper. Demand for Jury Trial MoJack respectfully demands a trial by jury on all claims and issues so triable. Designation of Place of Trial MoJack hereby designates Wichita, Kansas as place of trial pursuant to Local Rule 40.2.

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Dated: May 28, 2013

Respectfully submitted, SPENCER FANE BRITT & BROWNE LLP By: /s/ J. Nick Badgerow J. Nick Badgerow (KS Bar No. 9138) Barry L. Pickens (KS Bar No. 15822) Kyle L. Elliott (KS Bar No. 18169) Kevin S. Tuttle (KS. Dist. Ct. Reg. No. 78436) SPENCER FANE BRITT & BROWNE LLP 9401 Indian Creek Parkway, Suite 700 Overland Park, Kansas 66207 Tel: (913) 345-8100 Fax: (913) 345-0736 nbadgerow@spencerfane.com bpickens@spencerfane.com kelliott@spencerfane.com ktuttle@spencerfane.com Attorneys for Plaintiff MoJack Distributors, LLC

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