. information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by Jaw, except as . is form; approved by the Judicial Conference of the United States in September 1974, is n;qmred for the use of the Clerk of Court for the ' ivil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM) I. (a) PLMNTIFFS Larry G. Junker (b) County of Residence of First Listed Pia tiff (EXCEPT IN U.S. AINTJFE CASES) ( c) Attorneys (Firm Name, Address, and Telephone Number) Alan S. Gold, Esq. 261 Old York Road, Suite Jenkintown, PA 1904 DEFENDANTS Medical Components, Inc. Martech Medical Products, Inc. County of Residence of First Listed Defendant (JN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) III. CITIZENSHIP OF PRINCIPAL p ARTIES (Place an "X" in One Box for Plaintiff 0 I U.S. Govenunent Plaintiff (For Diversity Cases Only) PTF DEF 0 I and One Box for Defendant) PTF DEF Citizen of This State 0 I Incorporated or Principal Place 0 4 0 4 of Business In This State 0 2 U.S. Govermnent Defendant 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5 (Indicate Citizenship of Parties in Item Ill) of Business In Another State Citizen or Subject of a Forei m Count 0 3 O 3 Foreign Nation 0 6 0 6 IV. NATURE OF SUIT (Place an "X" in One Box Only)
0 110 Insurance PERSONAL INJURY 0 120 Marine 0 310 Airplane 0 130 Miller Act 0 315 Airplane Product 0 140 Negotiable Instrument Liability 0 150 Recovery of Overpayment 0 320 Libel & & Enforcement of Judgment Slander 0 151 Medicare Act 0 330 Federal Employers' O 152 Recovery of Defaulted Liability PERSONAL INJURY 0 365 Personal Injury - Product Liability 0 367 Health Care/ Pharmaceutical Personal Injury Product Liability 0 625 Drug Related Seizure of Property 21 use 881 0 690 Other a 422 Appeal 28 use 158 0 423 Withdrawal use 157 0 375 False Claims Act 0 400 State Reapportiomnent a 410 Antitrust ...... 0 430 Banks and Banking ......... 0 450 Conunerce 0 460 Deportation 0 470 Racketeer Influenced and Corrupt Organizations Student Loans 0 340 Marine (Excludes Veterans) 0 345 Marine Product 0 153 Recovery of Overpayment Liability 0 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 480 Consumer Credit 0 490 Cable/Sat TV 0 861 HIA (1395ff) 0 850 Securities/Commodities/ of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act O 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Management 0 190 Other Contract Product Liability 0 380 Other Personal Relations 0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 362 Personal Injuiy - Product Liability Leave Act Medical Mal ractice 0 790 Other Labor Litigation PROPER'l'N+'l'll;:JXii
' f:PRIS0NERWJlffi:t,'fffNSill: 0 791 Employee Retirement 0 210 Land Condemnation 0 440 Other Civil Rights 0 220 Foreclosure 0 441 Voting 0 230 Rent Lease & Ejectment 0 442 Employment 0 240 Torts to Land 0 443 Housing/ 0 245 Tort Product Liability Accommodations 0 290 All Other Real Property 0 445 Amer. w/Disabilities - Employment 0 446 Amer. w/Disabilities - Other 0 448 Education Habeas 0orpus: 0 463 Alien Detainee 0 510 Motions to Vacate Sentence 0 5 30 General 0 535 Death Penalty Other: 0 540 Mandamus & Other 0 550 Civil Rights 0 5 5 5 Prison Condition 0 560 Civil Detainee - Conditions of Confinement Income Security Act Eil:l,55; 0 462 Naturalization Application 0 465 Other Immigration Actions 0 862 Black Lung (923) Exchange 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions 0 864 SS ID Title XVI 0 891 Ai,rricultural Acts 0 865 RSI (405(g)) 0 893 Environmental Matters 0 870 Taxes (U.S. Plaintiff or Defendant) 0 871 IRS-Third Party 26 use 7609 0 895 Freedom of Information Act Act/Review or Appeal of Agency Decision 0 950 Constitutionality of State Statutes Removed from State Court 0 3 Remanded from Appellate Court 0 4 Reinstated or Reopened 0 5 Transferred from Another District (.'pecifa) 0 6 Multidistrict Litigation Cite the U.S. Civil Statute under which you are filing (Do notcitejurisdictiom1/st11tutes unless dive;sity): 35 USC 271 et se CAUSE OF ACTION 1-B;;..r;;..ie...;;f...;de;...s;;..cr..;..ip'""t-io_n;...o_f...;ca-'u'-se_:_________________________ _,,..::;.._ _ _,.,...------- Patent Infringement VII. REQUESTED IN COMPLAINT: 0 CHECK IF THIS IS A CLASS ACTION VIII. RELATED CASE(S) IF ANY DATE FOR OFFICE USE ONLY RECEIPT# AMOUNT UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE APPL YING IFP DEMAND$ Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 1 of 7 Lt .' tl\' 1_ fl .J UNITED STATES DISTRICT COURT ( J\.../ - FOR THE EASTERN CTj> NNSYLVANIA - DESIGNATION FORM to be used by counsel to indicate the category of the case for the purpose of assignment to appropriate calendar. Address of Plaintiff: 8930 Roan Lane East, Inverness, FL 34450 Address ofDefendant: 1499 Del Drive, Harle sville, Penns lvania , Harle sville, Penns lvania 19438 Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporatio wning I 0% or more o its stock? (Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.l(a)) YesD Does this case involve multidistrict litigation possibilities? RELATED CASE, IF ANY: Case Number: ___________ Judge ______________ Date Terminated:------------------- Civil cases are deemed related when yes is answered to any of the following questions: I. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court? YesD Nogg 2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated action in this court? YesD 3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one year previously terminated action in this court? YesD NoO 4. Is this case a second or successive habeas corpus, social security appeal, or pro se civil rights case filed by the same individual? CIVIL: (Place t/ in ONE CATEGORY ONLY) A. Federal Question Cases: I. o Indemnity Contract, Marine Contract, and All Other Contracts 2. o FELA ct-Personal Injury anagement Relations 7. o Civil Rights 8. o Habeas Corpus 9. o Securities Act(s) Cases 10. o Social Security Review Cases I I. o All other Federal Question Cases (Please specify)----------------- YesD NoiXI B. Diversity Jurisdiction Cases: 1. o Insurance Contract and Other Contracts 2. D Airplane Personal Injury 3. D Assault, Defamation 4. D Marine Personal Injury 5. D Motor Vehicle Personal Injury 6. D Other Personal Injury (Please specify) 7. 0 Products Liability 8. D Products Liability - Asbestos 9. D All other Diversity Cases (Please specify) ARBITRATION CERTIFICATION (Check Appropriate Category) I, Alan S. Gold counsel of record do hereby certify: IX Pursuant to Local Civil Rule 53.2, Section 3(c)(2), that to the best o $150,000.00 exclusive of interest and costs; o Relief other than monetary damages is sought. DATE: _8_'_b_-_l J,. __ Alan S. Gold Attorne Attorney I.D.# NOTE: A trial de nov.o will be a trial by jury only ifthere has been compliance with F.R.C.P. 38. I certify that, to my knowledge, the within case is not related to a ow pending or within one year previously terminated action in this court except as noted above. DATE: g-6-) 3 Alan S. Gold 1-?l/OO Attom Attorney I.D.# CIV. 609 (5/2012) Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 2 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CASE MANAGEMENT TRACK DESIGNATION FORM LARRY G. JUNKER CIVIL ACTION v. MEDCOMP COMPONENTS, INC. and 11 MARTECH MEDICAL PRODUCTS, INC. "NO. In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of filing the complaint and serve a copy on all defendants. (See 1 :03 of the plan set forth on the reverse side of this form.) In the event that a defendant does not agree with the plaintiff regarding said designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on the plaintiff and all other parties, a Case Management Track Designation Form specifying the track to which that defendant believes the case should be assigned. SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS: (a) Habeas Corpus -Case.s brought under 28 U.S.C. 2241 through 2255. ( ) (b) Social Security - Cases requesting review of a decision of the Secretary of Health and Human Services denying plaintiff Social Security Benefits. ( ) (c) Arbitration- Cases required to be designated for arbitration under Local Civil Rule 53.2. ( ) ( d) Asbestos - Cases involving claims for personal injury or property damage from exposure to asbestos. ( ) (e) Special Management- Cases that do not fall into tracks (a) through (d) that are commonly referred to as complex and that need special or intense management by the court. (See reverse side of this form for a detailed explanation of special management cases.) ) (f) Standard Management- Cases that do not fall into any one of the other tracks. ( X) 6-(o-15 Alan S. Gold Plaintiff, Larry G. Junker Date Attorney-at-law Attorney for
(215) 885- 1118 (215) 885-5283 Telephone FAX Number E-Mail Address (Civ. 660) 10/02 Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 3 of 7 ALANS.GOLD ALEXANDER R. FERRANTE' TANYA M. SWEET 'ADMITTED IN NEW JERSEY AND CONNECTICUT Michael E. Kunz, Clerk United States District Court GOLD & FERRANTE, P.C. ATIORNEYS AT LAW THE PAVILION 261 OLD YORK ROAD, SUITE 526 JENKINTOWN, PA 19046 (215) 885-1118 FAX (215) 885-5283 www.goldferrantelaw.com August 6, 2013 for the Eastern District of Pennsylvania 601 Market Street Room 2609 Philadelphia, PA 19106-9865 Re: Larry G. Junker v. Medical Components, Inc., Martech Medical Products, Inc. Dear Mr. Kunz: OF COUNSEL: STEVEN M. ZELITCH FRANKLIN A. WURMAN Enclosed please find an original and a copy of Larry G. Junker's Complaint Regarding Patent Infringement with the required forms and $400 filing fee. Please file the original with the Court and return a time-stamped copy to me in the self-addressed stamped envelope enclosed for your consideration. ASG.tll Enclosures Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 4 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA LARRY G JUNKER
Plaintiff,
V.
MEDICAL COMPONENTS, INC. and MARTECH MEDICAL PRODUCTS, INC.
Defendants. Civil Action No.: JURY TRIAL DEMANDED COMPLAINT REGARDING PATENT INFRINGEMENT Larry G. Junker (hereinafter "Plaintiff), for his Complaint for Patent Infringement against Medical Components, Inc. and Martech Medical Products, Inc. ("Defendants") states and alleges as follows: 1. Plaintiff Larry G. Junker is an individual residing in the State of Florida with a principal address of 8930 Roan Lane East, Inverness, FL 34450, and is the owner of United States Design Patent No. D450,839 entitled "Handle for Introducer Sheath," ("the '839 Patent"). 2. Upon information and belief, Medical Components, Inc. (MedComp or Defendant) is a corporation organized and existing under the laws of the State of Pennsylvania, having a place of business at Medical Components, Inc. 1499 Delp Drive, Harleysville, Pennsylvania 19438, and has committed acts of infringement in this judicial district and is subject to personal jurisdiction in this judicial district. 3. Upon information and belief, second defendant is a corporation organized and existing under the laws of the State of Pennsylvania, having a place of business at Martech Medical Products, Inc., (MarTech or Defendant) 1500 Delp Drive, Harleysville, Pennsylvania COMPLAINT FOR PATENT INFRINGEMENT- PAGE 1 Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 5 of 7 19438 and has committed acts of infringement in this judicial district and is subject to personal jurisdiction in this judicial district. COUNT I - PATENT INFRINGEMENT 4. This is an action for patent infringement arising under the patent laws of the United States, Title 35 United States Code, Sections 271 et seq. 5. Jurisdiction of the subject matter of this action is established under 28 U.S.C. 1331and1338. Venue is determined by 28 U.S.C. 1391and1400. 6. On information and belief, Defendants Medical Components, Inc. and Martech Medical Products, Inc. have willfully and knowingly made, used, sold and/or offered for sale and continues to make, use, sell and/or offer for sale devices embodying the patented inventions that constitute infringement of U.S. Patent No. D450,839 in violation of 35 U.S.C. 271, et seq. and will continue to do so unless enjoined by this court. 7. Plaintiff seeks an injunction and damages for Defendants' infringement no less than a reasonable royalty. PRAYER FOR RELIEF WHEREFORE, plaintiff prays that: WHEREFORE, Plaintiff prays for: A. A preliminary and permanent injunction enjoining Defendants, their officers, directors, agents, and employees from further acts of infringement of U.S. Patent No. D450,839; B. An award of damages for infringement; COMPLAINT FOR PATENT INFRINGEMENT- PAGE 2 Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 6 of 7
C. An increase in the sums awarded to three times the actual damages pursuant to 3 5 u.s.c. 284; D. An award of attorney fees in this action pursuant to 35 U.S.C. 285; E. An award of interest and costs of suit; and F. Such other relief as the Court deems proper and just. PLAINTIFF'S JURY DEMAND Plaintiff demands a trial by jury on all issues that may be so tried. Dated: August(, 2013 Respectfully submitted, Co-counsel James D. Petruzzi Texas Bar No. 15853280 MASON & PETRUZZI 4900 Woodway, Suite 745 Houston, Texas 77056 Tel.: (713) 840-9993 Fax: (713) 877-9100 JPetruzzi@MasonPetruzzi.com COMPLAINT FOR PA TENT INFRINGEMENT - PAGE 3 an S. Gold, Esq. Gold and Ferrante, P.C. 261 Old York Road, Suite 526 Jenkintown, PA 19046 Tel.: (215) 885-1118 Fax: (215) 885-5283 asg@goldferrantelaw.com Robert M. Mason Texas Bar No. 13158240 MASON & PETRUZZI 13601 Preston Rd., 402W Dallas, Texas 75240 Tel.: (972) 788-1500 Fax: (972) 788-1561 RMason@MasonPetruzzi.com Case 2:13-cv-04606-LFR Document 1 Filed 08/08/13 Page 7 of 7