You are on page 1of 3

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ________________________________________ BASIL R.

BLAKE, an individual Plaintiff, Case No. 13-cv-1193 v. KOMMEN TOOLS INC., a corporation Defendant. ________________________________________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, BASIL R. BLAKE, for his Complaint against KOMMEN TOOLS INC., alleges as follows: THE PARTIES 1. Plaintiff, BASIL R. BLAKE (“Blake”), is an individual residing at 6481 Rapids

Rd., Lockport, New York. 2. Defendant, KOMMEN TOOLS INC. (“Kommen Tools”) is a corporation with its

principal place of business located in Sacramento, California. JURISIDCTION AND VENUE 3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331 (federal

question), §1332(a) (diversity of citizenship), and §1338(a) (question related to patents). 4. Venue is proper in this judicial district pursuant to 28 U.S.C. §1391 and §1400.

FACTS GIVING RISE TO PATENT INFRINGEMENT 5. Blake is the inventor and owner of United States Patent No. 6,195,863 that covers

a tool to insert and position the piston into a vehicular disc brake system (the “Blake Patent”). 6. The piston is an integral portion of a vehicular brake system. The piston is

located inside a caliper, and brake pads are attached to the end of the piston. When the driver depresses the brake pedal the piston slides within the caliper toward the wheel. The brake pad on the end of the piston presses against a rotor which is attached to the wheel. The pressure of the brake pad against the rotor slows the wheel. 7. When a mechanic completes the work on the vehicle’s brake system, the piston

must be aligned within the caliper. The Blake Patent describes and covers a tool that places the piston in alignment within the caliper. 8. After successfully building and testing prototypes of the Blake Tool, Blake

received the Blake Patent. 9. Blake signed an agreement with Inventors Express Services, Inc. which

approached several companies regarding a license under the Blake Patent for manufacturing and selling the Blake Tool. 10. Defendant Kommen Tools offers to sell and sells in this District its “Air

Pneumatic Brake Caliper Windback Rewind Tool Set + Adaptor” that infringes the Blake Patent under 35 U.S.C. § 271(a). WHEREFORE, Blake prays that a judgment be entered in his favor and against Kommen Tools as follows: (a) Kommen Tools infringes U.S. Patent No. 6,195,863 under 35 U.S.C. §271; (b) Blake be awarded damages pursuant to 35 U.S.C. §284;

2

(c) Blake be awarded prejudgment interest; (d) Blake be awarded increased damages pursuant to 35 U.S.C. §284; (e) Blake be awarded its attorney fees pursuant to 35 U.S.C. §285; and (f) any further and just relief the Court deems equitable and appropriate. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable.

Dated: December 11, 2013

Respectfully submitted,

By: /s/ Tejal P. Fowler Lee F. Grossman Mark M. Grossman Tejal P. Fowler GROSSMAN LAW OFFICES 225 W. Washington St. Suite 2200 Chicago, Illinois 60606 (312) 621-9000 tfowler@grossmanlegal.com

3