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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AMES TRUE TEMPER, INC.

, 485 Railroad Avenue Camp Hill, Pennsylvania 17011, Plaintiff, v. CORONA CLIPPER, INC. 22440 Temescal Cannon Road Corona, California 92883, Defendant. : : : : : : : : : : : : : COMPLAINT Plaintiff, Ames True Temper, Inc. (ATTI) files this Complaint against Corona Clipper, Inc. (Corona) as follows: NATURE OF THE ACTION This is an action for design patent infringement. ATTI brings this action because Corona is promoting and selling wheelbarrows which slavishly copy ATTIs registered U.S. design patent for a wheelbarrow leg extension.
{L0469890.1}

PARTIES 1. ATTI is a corporation organized and existing under the laws of the state

of Delaware with its principal place of business located at 465 Railroad Avenue, Camp Hill, Pennsylvania. 2. Corona is a corporation organized and existing under the laws of the

State of Delaware with its principal place of business located at 22440 Temescal Canyon Road, Corona, California 92883. Its registered agent for service for process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. JURISDICTION AND VENUE 3. 4. This action arises under the Patent Act, 35 U.S.C. 1 et. seq. This Court has personal jurisdiction over Corona because Corona has

purposely availed itself of the privilege of conducting business within the Commonwealth of Pennsylvania and within this Judicial District by offering for sale and selling infringing products namely, the Corona WB 2706 Contractors Wheelbarrow. 5. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c). PATENT IN SUIT 6. On April 27, 1999, the United States Patent and Trademark Office

issued United States Design Patent No. D 408,955 (the 955 Patent) titled

Wheelbarrow Leg Extension to Larry F. Shuchart and Michael J. Lupey, Jr. (the Inventors). 7. The Inventors have assigned all right, title and interest in the 955

Patent to ATTI, including the right to bring suit for infringement of the 955 Patent to cover all past and future damages and to seek equitable relief. A true and correct copy of the 955 Patent is attached to this Complaint as Exhibit A. COUNT I INFRINGEMENT BY CORONA 8. Corona, without authorization from ATTI, has been and is engaged in

this Judicial District and elsewhere in the United States in the making, offering for sale, and selling of certain wheelbarrows which incorporate the ornamental design for a wheelbarrow leg extension as shown and described in the Claim of the 955 Patent, and/or are contributing and/or are actively inducing the making, offering for sale, selling or use of such wheelbarrows which incorporate the ornamental design for a wheelbarrow leg extension as shown and described in the Claim of the 955 Patent and are presently and have in the past been infringing the 955 Patent in violation of the 35 U.S.C. 271(a), (b) and/or (c). 9. On information and belief, the infringement of the 955 Patent by

Corona has been willful and deliberate and in conscious disregard of ATTIs patent rights.

10.

As a consequence of the foregoing, Corona has caused and is

continuing to cause damage to ATTI and, unless such acts are enjoined by this Court, Corona will continue to cause irreparable harm to ATTI for which there is no adequate remedy at law and for which ATTI is entitled to injunctive relief pursuant to 35 U.S.C. 283. PRAYER FOR RELIEF WHEREFORE, ATTI prays for relief as follows: A. Patent; B. willful; C. That the Court award ATTI its damages in accordance with 35 U.S.C. That the Court adjudge that the infringement by Corona has been That the Court adjudge that Corona has infringed the claim of the 955

284 and increase those damages up to three (3) times by reason of the willful infringement; D. E. That the Court award ATTI its costs incurred with this action; That the Court declare this an exceptional case within the meaning of

35 U.S.C. 285, and award ATTI its reasonable attorneys fees, expenses and costs of this action; F. That the Court preliminarily and permanently enjoin Corona and its

officers, agents, servants and employees and those persons acting in concert with or

participating with Corona who receive actual notice hereof by personal service or otherwise from committing further acts of infringement of the 955 Patent; and G. That the Court award ATTI such other and further relief as the Court

deems just and proper. /s/ Mark E. Gebauer Mark E. Gebauer, Esq. Pa. I.D. No. 79646 ECKERT SEAMANS CHERIN & MELLOTT, LLC 213 Market Street, 8th Floor Harrisburg, PA 17101 Phone: (717) 237-6000 Fax: (717) 237-6019 Email: mgebauer@eckertseamans.com Mark A. Willard, Esq. Pa. I.D. No. 18103 David V. Radack, Esq. Pa. I.D. No. 39633 ECKERT SEAMANS CHERIN & MELLOTT, LLC 600 Grant Street, 44th Floor Pittsburgh, PA 15219 Phone: (412) 566-6000 Fax: (412) 566-6099 Email: mwillard@eckertseamans.com dradack@eckertseamans.com Attorneys for Ames True Temper, Inc. January 25, 2012

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