Escolar Documentos
Profissional Documentos
Cultura Documentos
AQ Star product line includes aluminum flake pigments for use in a paint or
4
lacquer that include on the surfaces thereof silicon dioxide having an aminoalkylalkoxysilane
bound to the surface thereof, and thus infringes one or more claims of the 812 Patent.
COUNT I: INFRINGEMENT OF THE 812 PATENT
13. ECKART repeats and re-alleges each and every averment contained in paragraphs
1-12 hereof by reference as if fully set forth herein.
14. ECKART owns all right, title and interest in the 812 Patent.
15. The 812 Patent is a valid and enforceable U.S. Patent.
16. By making, using, selling, and/or offering for sale in the United States, and/or
importing into the United States the Accused Products, Silberline has infringed and is continuing
to infringe at least one claim of the 812 Patent in violation of 35 U.S.C. 271. Such infringement
has caused and is causing ongoing harm to ECKART.
17. Upon information and belief, Silberline has been and is still directly infringing, as
defined by 35 U.S.C. 271, at least one claim of the 812 Patent by making, using, selling, offering
to sell, and/or importing its Accused Products and will continue to do so unless enjoined by this
Court. By reason of the ongoing and continuous infringement by Defendant of the 812 Patent,
ECKART is entitled to an entry of an injunction against Silberline, preventing further infringement
of ECKARTs patent rights, pursuant to 35 U.S.C. 283.
WHEREFORE, ECKART respectfully requests judgment be entered against Silberline as
follows:
(a) Entering judgment that Silberline, by reason of the making, using, selling, and
offering for sale in the United States, and the importing into the United States, of the Accused
Products, infringed and is infringing the 812 Patent in violation of 35 U.S.C. 271;
5
(b) Awarding ECKART damages to the full extent permitted by 35 U.S.C. 284,
including interest, by reason of Silberlines infringement of the 812 Patent;
(c) Entering a permanent injunction against Silberline, barring and enjoining further
making, using, selling, and offering for sale in the United States, and importation into the United
States, of all infringing products until the expiration date of the patent; and
(d) Awarding ECKART costs, disbursements and fees under 35 U.S.C. 285, and all
other relief as this Court deems proper.
JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b), ECKART hereby demands a trial by
jury on all issues triable of right by a jury.
Respectfully submitted,
Dated: August 8, 2014 /s/ Cecilia R. Dickson
Kent E. Baldauf, J r. (PA I.D. No. 70793)
kbaldaufjr@webblaw.com
Cecilia R. Dickson (PA I.D. No. 89348)
cdickson@webblaw.com
The Webb Law Firm
One Gateway Center
420 Fort Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222
(412) 471-8815
Counsel for Plaintiff ECKART GmbH