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Walsh
Christine I. Gannon
WALSH PIZZI OREILLY FALANGA LLP
One Riverfront Plaza
1037 Raymond Blvd., Suite 600
Newark, NJ 07102
Phone: (973) 757-1100
Of Counsel:
Ralph J. Gabric
David Bernard
BRINKS GILSON & LIONE
455 N. Cityfront Plaza Drive, Suite 3600
Chicago, Illinois 60611
Phone: (312) 321-4200
Attorneys for Plaintiff Panasonic Corporation
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
PANASONIC CORPORATION,
Plaintiff,
v.
MOBILEDEMAND, L.C.,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
AND DEMAND FOR JURY TRIAL
Plaintiff Panasonic Corporation, by its undersigned attorneys, brings this
action against MobileDemand, L.C., (MobileDemand) and hereby alleges as
follows:
This is an action for patent infringement arising under the patent laws
of the United States, Title 35, United States Code, arising from MobileDemands
infringement of U.S. Design Patent No. D703,665 (the D665 Patent). A copy of
the D665 Patent is attached as Exhibit A.
THE PARTIES
2.
organized under the laws of Japan having its principle place of business at 1006,
Oaza Kadoma, Kadoma-shi, Osaka 571-8501, Japan.
3.
TOUGHPAD rugged tablet computers, which Panasonic markets and sells in the
United States through its Newark, New Jersey-based wholly owned subsidiary,
Panasonic Corporation of North America (PNA).
5.
property rights, including through design patents issued by the United States Patent
and Trademark Office (USPTO).
6.
liability corporation organized under the laws of the State of Iowa having its
principle place of business at 1501 Boyson Square Drive, Suite 101, Hiawatha,
Iowa 52233.
7.
This Court has jurisdiction over the subject matter of this action under
inter alia, its presence in New Jersey, having, upon information and belief,
conducted business in New Jersey such that it should reasonably anticipate being
haled into court in this judicial district, and having engaged in systematic and
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continuous contacts with the State of New Jersey, including through the purposeful
marketing and sale of the infringing products in this judicial district, and through
the receipt of revenue from the sales and marketing of infringing products in, and
to residents of, this judicial district.
10.
On April 29, 2014, the USPTO duly and legally issued the D665
13.
Panasonic is the sole assignee and owner of all right, title and interest
xTablet T1500
D655 Patent
16.
xTablet T8500
deceptively similar and substantially the same as the patented design of the D655
Patent when viewed through the eyes of the ordinary observer and considering the
infringing products as a whole.
17.
and the xTablet T8500 products within the United States, or importation of these
products into the United States, during the term of the D665 Patent infringes the
D665 Patent.
18.
and the xTablet T8500 products within the United States, or importation into the
United States, is without authorization from Panasonic.
19.
products incorporating the patented design of the D655 Patent has caused, and
will continue to cause, Panasonic financial and reputational harm.
20.
21.
MobileDemand has infringed, and will continue to infringe unless enjoined, the
D665 Patent.
23.
continues to infringe the D665 Patent by using, selling and/offering to sell in the
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United States, and/or importing into the United States one or more of the xTablet
T1500 and xTablet T8500 products identified in this Complaint, which embody the
design covered by the D665 design patent.
PRAYER FOR RELIEF
WHEREFORE, Panasonic prays for relief as follows:
a.
b.
and post-judgment interest at the maximum rate permitted by law, as well as its
costs and disbursements;
e.
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