Case: 4:15-cv-00855 Doc.

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI
MARY ELLE FASHIONS, INC.,
d/b/a MERIDIAN ELECTRIC,
Plaintiff ,
vs.
JASCO PRODUCTS COMPANY LLC,
Defendant.

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Case No.
JURY TRIAL DEMANDED

COMPLAINT
Plaintiff, Mary Elle Fashions, Inc. d/b/a Meridian Electric (Meridian), by
and through the undersigned counsel, states as follows for its Complaint against
Defendant, Jasco Products Company LLC (Jasco):
PARTIES
1.

Meridian is and was at all material times a corporation duly organized

under and existing by virtue of the laws of the State of Missouri, with the power to
sue. Meridians principal place of business is located at 2392 Grissom Drive, St.
Louis, Missouri 63146.
2.

Upon information and belief, Jasco is and was at all material times a

limited liability company duly organized under and existing by virtue of the law of
the State of Oklahoma, with the power to sue and be sued. Jascos principal place of
business is located at 10 W. Memorial Rd., Oklahoma City, Oklahoma 73114.
3.

Jascos registered agent for service of process in Oklahoma is David V.

Stewart, 10 W. Memorial Rd., Oklahoma City, Oklahoma 73114.

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4.

Upon information and belief, Jasco develops, markets, and distributes

consumer products, including LED lighting, for all distribution channels

internationally and within the United States.
5.

Upon information and belief, Jasco offers for sale and sells its products

through its website and through mass merchants, electronic superstores, home
improvement stores, food and drug retailers, military installations, distributors,
and direct marketers located throughout the United States and in this State.
6.

Upon information and belief, Jascos contacts with the State of

Missouri and its use of distribution channels and sales of its products within the
State of Missouri are deliberate, continuous, and systematic.
7.

Among the products that Jasco imports, offers for sale, sells, and/or

uses throughout the United States and in this State are its LED Night Light
Replacement Bulbs, Model 11301.
JURISDICTION AND VENUE
8.

This is an action for patent infringement arising under the Patent

Laws of the United States, 35 U.S.C. 271, et seq.

9.

This Court has jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a), and pursuant to application of Missouris long-arm statute,

R.S.Mo. 506.500.
10.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b)

& (c), and 28 U.S.C. 1400(b).

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INFRINGEMENT OF DESIGN PATENT

11.

Meridian owns all rights, title, and interest in U.S Patent No.

D653,364 for the design of an LED light bulb, issued by the USPTO on January 31,
2102 (the Patent). A true and correct copy of the Patent is attached hereto as
Exhibit 1.
12.

Meridians rights, title, and interest in the Patent include, without

limitation, the right to sue and receive damages for past, present, and future patent
infringement.
13.

Meridian has placed the marking and notice specified in 35 U.S.C.

287 on all products made and sold by it under the Patent, and has notified the
public, including Jasco, of the existence of the Patent.
14.

In violation of 35 U.S.C. 271, Jasco is and has been, during the term

of the Patent, directly infringing, contributing to the infringement of, and/or

inducing others to infringe the Patent by importing, making, using, offering to sell,
and/or selling in the United States and in this State products that embody the
design reflected in the Patent or constitute a colorable imitation of that design.
Such products include but are not limited to Jascos LED Night Light Replacement
Bulbs, Model 11301 (the Infringing Bulbs).
15.

The design of the Infringing Bulbs is substantially similar to the

design reflected in the Patent in that an ordinary observer familiar with the prior
art would be deceived into believing that an Infringing Bulb is the same as
Meridians.

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16.

Jascos importing, making, using, offering to sell, and/or selling of the

Infringing Bulbs in the United States and in this State have been without
Meridians authority or consent.
17.

On or about March 15, 2015, counsel for Meridian wrote a letter to

Jascos General Counsel, notifying him of Jascos above-described infringement and

demanding (a) that Jasco cease and desist its sales of the Infringing Bulbs, and (b)
that it provide information to Meridian regarding its past sales of those bulbs so
that Meridian could calculate its damages from those sales. A true and correct copy
of Meridians March 15 letter to Jasco (the March 15 Letter) is attached hereto as
Exhibit 2.
18.

On or about March 19, 2015, Jascos General Counsel responded to the

March 15 Letter, denying the infringement, claiming that its sales pre-dated the
Patent, and refusing to cease its sales of the Infringing Bulbs. A true and correct
copy of Jascos March 19 letter to Meridian (the March 19 Letter) is attached
hereto as Exhibit 3.
19.

On or about April 3, 2015, counsel for Meridian again wrote to

Meridians General Counsel requesting that he provide evidence of the alleged prePatent sales referenced in the March 19 Letter. A true and correct copy of
Meridians April 3 letter to Jasco (the April 3 Letter) is attached hereto as Exhibit
4.
20.

To date, neither Meridian nor its counsel has received any such

evidence or any other response to the April 3 Letter.

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21.

Jascos past and continuing infringement of the Patent is deliberate

and willful.
22.

As a result of Jascos unlawful infringement of the Patent, Meridian

has suffered and will continue to suffer damage. Meridian is entitled to recover from
Jasco the damages suffered by Meridian as a result of Jascos unlawful acts.
23.

On information and belief, Jasco intends to continue its unlawful

infringing activity, and Meridian continues to and will continue to suffer irreparable
harm, for which there is no adequate remedy at law, from such unlawful infringing
activities, unless this Court enjoins Jasco from further infringing activities.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, Mary Elle Fashions, Inc., d/b/a Meridian Electric,
prays for the following relief:
A.

That Jasco be declared to have infringed, induced others to infringe,

and/or committed acts of contributory infringement with respect to the
claims of the Patent, as alleged above;

B.

That Jasco and its officers, agents, servants, employees, and all those
persons acting or attempting to act in active concert or in participation
with them or acting on their behalf be immediately, preliminarily, and
permanently enjoined from further infringement of the Patent;

C.

That Jasco be ordered to account for and pay to Meridian all damages
caused to Meridian by reason of Jascos infringement of the Patent,
pursuant to 35 U.S.C. 284 or 289;

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D.

In the event that Meridian recovers damages under 35 U.S.C 284,

that Jasco be ordered to pay treble damages for willful infringement;

E.

That this case be declared exceptional under 35 U.S.C. 285 and that
Meridian be awarded its attorneys fees, expenses, and costs incurred
in this action;

F.

That Meridian be granted pre-judgment and post-judgment interest on

the damages caused to it by reason of Jascos infringement of the
Patent;

G.

That Jasco be ordered to pay all costs associated with this action; and

H.

That Meridian be granted such other and further relief as the Court
deems just and proper.

Dated: May 29, 2015

SHER CORWIN WINTERS LLC

By: /s/ David S. Corwin____________

David S. Corwin, E.D.Mo. 38360
Vicki L. Little, E.D.Mo. 36012MO
190 Carondelet Plaza, Suite 1100
St. Louis, MO 63105
(314) 721-5200
(314) 721-5201 (fax)
dcorwin@scwstl.com
vlittle@scwstl.com

Attorneys for Plaintiff

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