4:12-cv-02426-RBH

Date Filed 08/21/12

Entry Number 1

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

) ) Plaintiff, ) ) v. ) ) ) ALPHA CANVAS & AWNING ) COMPANY, INC., ) ) Defendant. ) ________________________________)

STEVEN M. BENNETT,

Case No.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, STEVEN M. BENNETT, for his Complaint against ALPHA CANVAS & AWNING COMPANY, INC., alleges as follows: THE PARTIES 1. Plaintiff, Steven M. Bennett (Bennett), is an individual residing at 611 Plantation Drive, Surfside Beach, South Carolina. 2. Defendant, Alpha Canvas & Awning Co. (Alpha Canvas), is a corporation with its principal place of business located at 411 East 13th Street, Charlotte, North Carolina. JURISIDCTION AND VENUE 3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 (federal question), 1332 (a) (diversity of citizenship), and 1338(a) (question related to patents).

4:12-cv-02426-RBH

Date Filed 08/21/12

Entry Number 1

Page 2 of 3

4. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400. FACTS GIVING RISE TO PATENT INFRINGEMENT 5. Bennett is the inventor and owner of United States Patent No. D436,341 that covers a design of a vehicular cover (the Bennett Patent). 6. Alpha Canvas offers to sell and sells in this District vehicular covers, and in particular, its Nascar car cover that infringes the Bennett Patent under 35 U.S.C. 271(a). 7. Bennett has provided written notice to Alpha Canvas of its infringement of the Bennett Patent. 8. Alpha has continued to manufacture and sell the infringing Nascar car cover. 9. Alphas infringement of the Bennett Patent has been willful, as it has been notified of its infringement of the Bennett Patent, but has continued to infringe the Bennett Patent. WHEREFORE, Bennett prays that a judgment be entered in its favor and against Alpha Canvas as follows: (a) Alpha Canvas infringes U.S. Patent D436,341 under 35 U.S.C. 271; (b) Alpha Canvas infringement has been willful; (c) Bennett be awarded damages pursuant to 35 U.S.C. 284; (d) Bennett be awarded prejudgment interest; (e) Bennett be awarded increased damages pursuant to 35 U.S.C. 284; (f) Bennett be awarded its attorney fees pursuant to 35 U.S.C. 285; and (g) any further and just relief the Court deems equitable and appropriate.

4:12-cv-02426-RBH

Date Filed 08/21/12

Entry Number 1

Page 3 of 3

Dated: August 21, 2012

Respectfully submitted, Turner, Padget, Graham & Laney, P.A. By: s/Jeffrey T. Stover Jeffrey T. Stover, Federal ID No. 10868 40 Calhoun Street, Suite 200 (29401) P.O. Box 22129 Charleston, SC 29413 Telephone: (843) 576-2801 Email: JStover@TurnerPadget.com