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DEMARIUS CORPORATION
d/b/a PROGRESSIVE MEDICAL
INTERNATIONAL,
Defendant.
California as follows:
THE PARTIES
South Carolina 29650, in good standing with the South Carolina Secretary of State and
doing business on a regular and systematic basis within the State of South Carolina.
2460 Ash Street, Vista, CA 92081, and upon information and belief, doing business on a
regular, continuous and systematic basis within the State of South Carolina.
3. This is an action for patent infringement under the United States Patent Laws,
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4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§
5. Defendant PMI conducts business in this District and has committed acts of
patent infringement in this Judicial District including, inter alia, importing, making,
using, offering for sale, and/or selling infringing products and/or services in this Judicial
District.
7. NAR is the owner of all rights, title, and interest in and to United States Patent
No. 7,504,549 (“the ‘549 patent”) entitled “Chest Wound Seal For Preventing
which duly and legally issued in the name of Robert Castellani and Robert Miller on
8. A true and correct copy of the ‘549 patent is attached to the Complaint as
Exhibit A.
9. Upon information and belief, Defendant PMI manufactures, uses, offers for
sale, and/or sells medical supplies including the “Individual Trauma Molle Kit,” “SQT
Trauma Kit” and the “Halo Seal” as well as other products and/or services.
10. Upon information and belief, Defendant PMI has made, used, offered to sell,
and/or sold, and continues to make, use, offer to sell, and/or sell products and/or services
within this District, including, without limitation, the “Individual Trauma Molle Kit,”
“SQT Trauma Kit” and the “Halo Seal,” that infringe the ‘549 patent.
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FIRST CAUSE OF ACTION
Patent Infringement (‘549 Patent)
12. Upon information and belief, Defendant PMI has been, and currently is,
directly and indirectly infringing the ‘549 patent by making, using, selling, offering for
sale, contributing to the use of by others, and/or inducing others to use products and
13. Upon information and belief, Defendant PMI’s infringement of the ‘549
14. Upon information and belief, Defendant PMI’s infringement of the ‘549
the ‘549 patent, NAR has suffered and will continue to suffer irreparable injury and
damages in an amount not yet determined for which NAR is entitled to relief.
Wherefore, NAR requests entry of judgment in its favor and against Defendant
PMI as follows:
A. Entry of judgment that Defendant PMI has infringed the ‘549 patent;
patent;
Defendant PMI and its respective officers, agents, servants, employees, attorneys, and
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those persons in active concert or participation with them who receive actual notice of the
order by personal service or otherwise, from any further sales or use of their infringing
products and/or services and any other infringement of the ‘549 patent, whether direct or
indirect;
285; and,
I. A grant to NAR of such other and further relief as the Court may deem
Respectfully submitted,
s/Douglas W. Kim
Douglas W. Kim (Fed ID #9004)
Hunter S. Freeman (Fed ID #9313)
Post Office Box 447
Greenville, SC 29602
Telephone: 864-271-4940
Fax: 864-271-4015
Email: dkim@mcnair.net
Attorneys for Plaintiff
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GREENVILLE 242160v1