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Original Complaint against the Defendant Implus Footcare, LLC ("Defendant" or "Implus"),
demands atrial by jury and alleges as follows:
NATURE OF ACTION
1.
This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. $ 1 et seq., and seeking damages and injunctive relief under 35 U.S.C.
$$
2.
the State of New Hampshire, having its principal place of business at2I0 Commerce Way 100,
Portsmouth, NH 03801.
3.
organized under the laws of the State of Delaware, having a principal place of business at 327
4. 5.
This Court has subject matter jurisdiction over this controversy under 28 U.S.C.
u.s.c.
$$ 2201 and2202.
This Court has personal jurisdiction over this controversy consistent with the Due
belief, Defendant continuously, systematically, and purposefully conducts business within this
District, such that the Defendant should reasonably anticipate being haled into court in this
jurisdiction.
6.
Venue in this judicial district is proper under 28 U.S.C. $ 1391 andlor 28 U.S.C.
has
$1400. On information and belief, Defendant has transacted business in this district and
committed acts of patent infringement in this district, by the making, using, andlor selling of
products accused of infringement.
7.
Plaintiff Tempnology is the owner of all right, title, and interest in and to United
general, claims a fabric for thermal management, including the cooling of an object, such as a person's skin, and the related methods of making the same.
8.
The '119 Patent is titled "PROCESS OF MAKING A FABRIC," and was filed on
December 15, 2008, and duly and legally issued by the United States Patent and Trademark Offrce on May 14, 2013. A true and correct copy of the
'
1
19 Patent is attached as
Exhibit A.
9.
The patent-in-suit is currently in full force and effect and, in accordance with 35
U.S.C. 282, the patent-in-suit, and each and every claim thereof, are presumed to be valid.
10.
On information and belief, Defendant Implus infringes one or more claims of the
patent-in-suit by the manufacture, importation, use, sale, and/or offer for sale of one or more products
it calls or describes
1.
As a direct and proximate cause of the infringement by Implus and unless Implus
is enjoined by the Court from manufacturing, importing, offering to sell, selling, or using within
the United States products covered by the claims of the patent-in-suit, Tempnology is being and
12.
12 of this Complaint as
if fully
14.
Tempnology has been, is being and, unless such acts and practices are enjoined by the Court, will
continue to be injured in its business and property rights, and has suffered, is suffering, and continue to suffer injury and damages for which it is entitled to relief under 35 U.S.C. $ 284.
will
15.
Defendant has also caused, is causing and, unless such acts and practices are enjoined by the
Court, will continue to cause irreparable harm to Plaintiff Tempnology for which there is no
adequate remedy atlaw, and for which
283.
The Plaintiff requests a Trial by Jury
a.
Patent;
Declaring that Defendant has directly infringed one or more claims of the '119
b.
Declaring that Defendant has actively induced infringement of one or more claims
c.
agents, servants, employees, and attorneys, and those persons in active concert or participation
with it who receive actual notice of the order by personal service or otherwise, from committing
further acts of infringement under 35 U.S.C. $ 271 of any one or more claims of the '1 19 Patent,
pursuant to 35 U.S.C. g 283;
d.
compensate
accordance
Awarding Plaintiff Tempnology its lost profits and other damages adequate to
with 35 U.S.C.
e.
entitling Plaintiff to an award of its reasonable attorney fees, expenses and costs in this action;
f.
and proper.
Awarding Plaintiff such other and further relief as this Court may deem to be just
TEMPNOLOGY, LLC
By its Attorneys,
SHEEHAN PHINNEY BASS & GREEN,
Professional Association
By:
/s/ Christopher Cole Christopher Cole, NH Bar No. 8725 SHEEHAN PHINNEY BASS + GREEN PA 1000 Elm Street Manchester, NH 03101 (603) 668-0300 ccole@sheehan.com Local Counsel
Of Counsel Victor H. Polk, Jr. GREENBERG TRAURIG LLP One International Place
Boston, MA 02110 (617)310-6010
polkv@gtlaw.com