Escolar Documentos
Profissional Documentos
Cultura Documentos
Plaintiff Medinfo Inc. by and through its undersigned attorneys, for its Complaint against
MedTool LLC ("Defendant") states as follows:
PARTIES
1.
Plaintiff Medinfo Inc. ("Medinfo") is a corporation formed under the laws of the
state of Colorado, having its principal place of business at 475 W. 115th Avenue, Unit 6,
Northglenn, Colorado 80234.
industries covered by U.S. Patent No. 7,673,908 and U.S. Design Patent No. D611,544.
2.
with its principal place of business at 12406 Windsor Beach Drive, Fenton, Michigan 48430.
Upon information and belief, Defendant does business in Colorado and throughout the United
States.
This is a civil action for patent infringement arising under the patent laws of the
This Court has jurisdiction over the subject matter of this action pursuant to 28
Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400.
GENERAL ALLEGATIONS
6.
1 through 5.
7.
U.S. Patent No. 7,673,908 ("the '908 Patent"), for a "Foldable Clipboard," was
duly and legally issued on March 9, 2010. A true and correct copy of the '908 Patent is attached
hereto as Exhibit A. By assignment, Medinfo owns all right, title and interest in and to the '908
Patent.
8.
U.S. Design Patent No. D611,544 ("the '544 Patent"), for a "Foldable Clipboard,"
was duly and legally issued on March 9, 2010. A true and correct copy of the '544 Patent is
attached hereto as Exhibit B. By assignment, Medinfo owns all right, title and interest in and to
the '544 Patent.
9.
Upon information and belief, after the '908 and '544 Patents (collectively, "the
Medinfo Patents") issued, Defendant began manufacturing or selling a foldable clipboard like the
ones shown and described in the Medinfo Patents.
Defendants foldable clipboard are attached hereto as Exhibit C (the Accused Product). Such
Accused
Products
can
also
be
viewed
at
Defendant's
web
site,
http://medtoolstore.com/product/anesthesia-reference-clipboard/.
10.
Defendant has sold Accused Products that infringe the Medinfo Patents, and
received profits as a result of those sales. Upon information and belief, Defendant began
offering the Accused Product for sale at least as early as 2014, after the Medinfo Patents issued.
11.
Defendant offers to sell and sells the Accused Product throughout the United
States and internationally. Defendant has offered to sell the Accused Product in the state of
Colorado. On information and belief, Defendant has sold the Accused Product in the state of
Colorado.
12.
Defendant does not have and at no time has ever had any license or authorization
from Medinfo to manufacture, have manufactured, import, offer for sale or sell products covered
by the Medinfo Patents.
FIRST CLAIM FOR RELIEF
(Infringement of the '908 Patent)
13.
1 through 12.
14.
United States, and/or importing into the United States the Accused Product constitutes direct
infringement of the '908 Patent, in violation of 35 U.S.C. 271(a).
15.
'908 Patent by others by actively instructing, assisting, and/or encouraging others to practice one
or more of the inventions claimed in the '908 Patent, in violation of 35 U.S.C. 271(b).
16.
the '908 Patent by others by directing others to manufacture one or more components which
constitute a material part of the invention defined by the claims of the '908 Patent, knowing the
same to be especially made or especially adapted for use in an infringement of the '908 Patent,
and which components are not staple articles or commodities of commerce suitable for
substantial non-infringing use, in violation of 35 U.S.C. 271(c).
17.
Upon information and belief, Defendant has acted in concert with others and has
induced or contributed to the infringement of the '908 Patent by instructing use of the Accused
Product in an infringing manner.
18.
Defendant's infringement of the '908 Patent has caused and will continue to cause
irreparable injury to Medinfo, to which there exists no adequate remedy at law. Defendant's
infringement of the '908 Patent will continue unless enjoined by this Court.
SECOND CLAIM FOR RELIEF
(Infringement of the '544 Patent)
20.
1 through 19.
21.
United States, and/or importing into the United States the Accused Product constitutes direct
infringement of the '544 Patent, in violation of 35 U.S.C. 271(a).
22.
'544 Patent by others by actively instructing, assisting, and/or encouraging others to practice one
or more of the inventions claimed in the '544 Patent, in violation of 35 U.S.C. 271(b).
23.
the '908 Patent by others by directing others to manufacture one or more components which
constitute a material part of the invention defined by the claims of the '544 Patent, knowing the
same to be especially made or especially adapted for use in an infringement of the '544 Patent,
and which components are not staple articles or commodities of commerce suitable for
substantial non-infringing use, in violation of 35 U.S.C. 271(c).
24.
Upon information and belief, Defendant has acted in concert with others and has
induced or contributed to the infringement of the '544 Patent by instructing use of the Accused
Product in an infringing manner.
25.
Defendant's infringement of the '544 Patent has caused and will continue to cause
irreparable injury to Medinfo, to which there exists no adequate remedy at law. Defendant's
infringement of the '544 Patent will continue unless enjoined by this Court.
PRAYER FOR RELIEF
WHEREFORE, Medinfo requests that judgment be entered in its favor and against
Defendant as follows:
A.
Declaring that Defendant has infringed United States Patent No. 7,673,908;
B.
Declaring that Defendant has infringed U.S. Design Patent No. D611,544;
5
C.
subsidiaries, and employees, and those in privity with or that act in concert with any of the
foregoing, from further activities that constitute infringement of United States Patent No.
7,673,908 and U.S. Design Patent No. D611,544, pursuant to 35 U.S.C. 283;
D.
States Patent No. 7,673,908 and U.S. Design Patent No. D611,544 in an amount not less than
lost profits or a reasonable royalty for each act of infringement, and trebling those damages
pursuant to 35 U.S.C. 284, together with costs and pre- and post-judgment interest;
E.
Finding that this is an "exceptional case" within the meaning of 35 U.S.C. 285
allowable under the law for the claims asserted against Defendant; and
G.
Awarding Medinfo its costs and any further legal and equitable relief as the Court
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Medinfo demands a trial by
jury on all issues so triable.
Respectfully submitted,
EXHIBIT A
(76)
FOLDABLE CLIPBOARD
Inventor:
( * )
(22)
US 7,673,908 B2
Notice;
Filed:
Mar. 9, 2010
4,019,823 A *
4,583,562 A *
4/1986 Stewart
132/212
4,828,502 A *
5/1939 Leahy
434/416
6,662,733 B1 *
2001/0000901 A1*
5/2001
2003/0106979 A1 *
312/108
http://WWW.c?pilot.com/ASA-Folding-Lapboard-p/asa-kb-laphtm
(65)
US 2007/0187565 A1
2007)
* cited by examiner
(60)
(51)
Int- Cl-
(56)
(2006.01)
(57)
ABSTRACT
US. Patent
Mar. 9, 2010
Sheet 1 of2
US 7,673,908 B2
US. Patent
Fig. 5
Mar. 9, 2010
Sheet 2 of2
US 7,673,908 B2
[10
US 7,673,908 B2
1
FOLDABLE CLIPBOARD
BACKGROUND
25
bottom edge 26, an exterior edge 28, and an interior edge 30.
The edges at least partially de?ne a Writing surface 32. The
Writing surface can be constructed to be substantially rigid
and substantially planar, so as to provide a good support for
SUMMARY
Writing.
30
face, thus alloWing the hinge surface of the left support panel
and the hinge surface of the right support panel to move
35
present disclosure.
FIG. 2 shoWs a hinge and panel assembly of the foldable
clipboard of FIG. 1.
WRITTEN DESCRIPTION
50
present disclosure.
Foldable clipboard 10 includes a left support panel 12 and
a right support panel 14. The left and right support panels are
moveably connected to one another by a hinge 16. Clipboard
55
support panel and the right support panel, bridging any gap
US 7,673,908 B2
4
3
When the interior edges are aligned substantially adjacent
Writing surface.
Flexible sheet 18 can help smooth the transition from the
panels.
20
25
30
polyester.
40
45
50
55
con?guration; and
60
tion.
US 7,673,908 B2
6
5
a second, substantially-rigid, aluminum support panel, the
top hinge surface and the second bottom hinge surface are
support panel;
a hinge physically integrated With the ?rst support panel
and the second support panel and pivotally connecting
the ?rst support panel to the second support panel such
that the ?rst support panel and the second support panel
interchangeable.
9. The foldable clipboard of claim 4, Wherein the ?rst top
hinge surface and the ?rst bottom hinge surface are positioned
on a same side relative to the second top hinge surface and the
10
axis.
axis.
Writing surface;
20
25
face;
surface are moveable betWeen a ?at con?guration and a
EXHIBIT B
FOLDABLE CLIPBOARD
(76) Inventor:
(21)
22
5,560,476 A *
EMT: IgIEtaIIJ1S659%62?E-RdneYAVe-
on an
(**)
Term:
14 Years
Mar. 9, 2010
D383,49l s *
D409,664 S
D418,875 S
206/752
App1.N0.: 29/343,471
6,070,721 A *
F1 d
1e '
6,179,332 B1*
6,662,733 B1
ep'
14 2009
(58)
*1,
5,645,165 A *
5,823,353 A *
(63)
US D611,544 S
D517,328 S
D579,754
................................................ .. 19-04
(56)
G1
eason
..................... .. D8/323
(Continued)
OTHER PUBLICATIONS
http://YVYVW.c?pilot.corn/ASA-Folding-Lapboard-p/asa-kb-laphtm
(last Vlslted Dec' 14 2009)
References Cited
(Continued)
1,732,584 A *
2,375,243 A *
10/1929
5/1945 Pinkett
RE24,841
2,906,267 E
A *
9/1959 Roche
6/1960
Loudon ....................... ..
3,791,314 A
2/1974 Berretta
(57)
3,944,374 A *
4,019,823 A
4,555,128 A *
11/1985
White et al.
4,583,562 A
4/1986 Stewart
4,771,976 A *
9/1988
4,828,502 A
5/1989 Leahy
4,892,334 A *
1/1990
D319,472 S *
CLAIM
................ .. 281/45
Su ........................... .. 248/448
DESCRIPTION
8/1991 Clyburn
D19/92
5,060,581 A *
5,150,873 A *
10/1991 Ma1inski..
9/1992 Donovan .
D344,409 S *
2/1994 Meredith
D3/276
D349,130 S
D19/88
D354,520 S
D356,339 S
*
*
3/1995
Pong ......... ..
D19/88
Geborek .................... .. D19/88
5,413,035 A *
5/1995
Fernandez ................. ..
5,513,749 A *
5/1996
1/1995
. 108/44
248/460
and,
FIG. 2 is a rear perspective View of the foldable clipboard.
100/44
US D611,544 s
Page 2
US. PATENT DOCUMENTS
7,469,871 B2 *
2001/0000901 A1
2003/0106979 A1
2004/0234939 A1
OTHER PUBLICATIONS
2009).
* cited by examiner
US. Patent
Mar. 9, 2010
US D611,544 s
EXHIBIT C
Please wait...
If this message is not eventually replaced by the proper contents of the document, your PDF
viewer may not be able to display this type of document.
You can upgrade to the latest version of Adobe Reader for Windows, Mac, or Linux by
visiting http://www.adobe.com/go/reader_download.
For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader.
Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark
of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other
countries.
District
of Colorado
__________
District
of __________
MEDINFO INC., a Colorado corporation
Plaintiff
v.
MEDTOOL LLC, a Michigan limited liability company
Defendant
)
)
)
)
)
)
)
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, who is
; or
; or
Other (specify):
.
My fees are $
0.00
Date:
Servers signature
Servers address
Save As...
Reset