Vous êtes sur la page 1sur 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN PRECISION DYNAMICS CORPORATION, Plaintiff, v. ARTEMAX, INC.

d/b/a IDENTIPLUS, Defendant. Case No. 2:13-cv-964

COMPLAINT

Plaintiff, Precision Dynamics Corporation, by its attorneys Quarles & Brady LLP, for its Complaint against Artemax, Inc. d/b/a/ IdentiPlus alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infringement brought under the patent laws of the

United States, 35 U.S.C. 1, et seq. Plaintiff seeks injunctive relief and damages arising from Defendants infringement of two patents: (1) U.S. Patent No. 7,240,446 (the 446 Patent); and (2) U.S. Patent No. 5,799,426 (the 426 Patent). THE PARTIES 2. Plaintiff Precision Dynamics Corporation (Precision Dynamics) is a California

Corporation with its principal place of business located at 27770 North Entertainment Dr., Ste. 200, Valencia, California 91355. 3. Precision Dynamics is a manufacturer of identification bands with adhesive labels

of the sort that are often used for patient identification by hospitals and doctors offices. 4. Defendant Artemax, Inc. is a Wisconsin corporation with corporate addresses at

21365 Gateway Court, Suite 100, Brookfield, Wisconsin 53045 and 16000 West Rogers Dr.,
QB\22389137.1

Suite 100, New Berlin, Wisconsin 53151. 5. Artemax does business as IdentiPlus and is located at 16000 West Rogers Dr.,

Suite 100, New Berlin, Wisconsin 53151. 6. IdentiPlus is a direct competitor of Precision Dynamics in the field of

identification bands. JURISDICTION AND VENUE 7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

1338, with reference to the United States Patent Laws, Title 35 of the United States Code. 8. This Court has personal jurisdiction over Defendant under 28 U.S.C. 1400 and

Wis. Stat. 801.05. 9. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400. THE PATENTS-IN-SUIT 10. On July 10, 2007, U.S. Patent No. 7,240,446 entitled Identification Bracelet

with Sealable Window was duly and legally issued by the United States Patent and Trademark Office. A copy of the 446 Patent is attached as Exhibit A. 11. Precision Dynamics is the owner by assignment of the entire right, title, and

interest in the 446 Patent. 12. The 446 Patent is directed to, among other things, a wrist identification bracelet

that incorporates a sealable window to protect wearer-related information against contact with moisture and the like. 13. On September 1, 1998, U.S. Patent No. 5,799,426 entitled Uniform Thickness

Adhesive Closure Identification Bracelet Formed From Relatively Permanently Bonded

QB\22389137.1

Laminates, and Related Method of Identification was duly and legally issued by the United States Patent and Trademark Office. A copy of the 426 Patent is attached as Exhibit B. 14. Precision Dynamics is the owner by assignment of the entire right, title, and

interest in the 426 Patent. 15. The 426 Patent is directed to, among other things, an identification bracelet that

includes an integral adhesive closure that permits the bracelet to be formed in a virtually uniform thickness. COUNT I PATENT INFRINGEMENT OF THE 446 PATENT 16. Precision Dynamics realleges and incorporates by reference as if fully set forth

herein the allegations contained in paragraphs 1 through 15. 17. Defendant IdentiPlus has infringed and continues to infringe, directly or

indirectly, one or more claims of the 446 Patent, either literally or under the doctrine of equivalents, by making, using, selling and offering for sale in the United States, or importing into the United States, identification bands that infringe at least claim 1 of the claims of the 446 Patent. 18. Defendant IdentiPlus has made, used, offered for sale, sold or imported into the

United States the IdentiPlus Cover Seal Label Band bracelet. 19. Precision Dynamics has been damaged by IdentiPluss infringement of the

446 Patent in an amount to be determined at trial. 20. Precision Dynamics has been and continues to be irreparably injured by

IdentiPluss continuing infringement of the 446 Patent, and IdentiPluss infringing activities will continue unless enjoined by this Court pursuant to 35 U.S.C. 283.

QB\22389137.1

COUNT II PATENT INFRINGEMENT OF THE 426 PATENT 21. Precision Dynamics realleges and incorporates by reference as if fully set forth

herein the allegations contained in paragraphs 1 through 15. 22. Defendant IdentiPlus has infringed and continues to infringe, directly or

indirectly, one or more claims of the 426 Patent, either literally or under the doctrine of equivalents, by making, using, selling and offering for sale in the United States, or importing into the United States, identification bands that infringe at least one of the claims of the 426 Patent. 23. Defendant IdentiPlus has made, used, offered for sale, sold or imported into the

United States the IdentiPlus Cover Seal Bands -- Tyvek bracelet, which infringes at least Claims 1 and 17 of the 426 Patent. 24. Defendant IdentiPlus has made, used, offered for sale, sold or imported into the

United States the IdentiPlus Adult Thermal Band bracelet, which infringes at least Claims 5, 15, and 17 of the 426 Patent. 25. Precision Dynamics has been damaged by IdentiPluss infringement of the

426 Patent in an amount to be determined at trial. 26. Precision Dynamics has been and continues to be irreparably injured by

IdentiPluss continuing infringement of the 426 Patent, and IdentiPluss infringing activities will continue unless enjoined by this Court pursuant to 35 U.S.C. 283. REQUEST FOR RELIEF WHEREFORE, Precision Dynamics Corporation respectfully requests a judgment: A. B. Declaring that IdentiPlus has infringed U.S. Pat. No. 7,240,446; Declaring that IdentiPlus has infringed U.S. Pat. No. 5,799,426;

QB\22389137.1

C.

Permanently enjoining IdentiPlus, and all those in active concert or participation

with IdentiPlus, from directly or indirectly infringing the 446 Patent and the 426 Patent, pursuant to 35 U.S.C. 283; D. Awarding Precision Dynamics damages adequate to compensate it for

IdentiPluss infringement of the 446 Patent and the 426 Patent; E. F. Awarding prejudgment interest and costs pursuant to 35 U.S.C. 284; and Granting such other and further relief as the Court deems just and proper. DEMAND FOR A JURY TRIAL The Plaintiff hereby demands a trial by jury in this action on all claims and issues triable before a jury. Dated this 26th day of August, 2013. /s/ Johanna M. Wilbert David R. Cross Johanna M. Wilbert QUARLES & BRADY LLP 411 East Wisconsin Avenue, Suite 2350 Milwaukee, WI 53202-4497 Telephone: 414-277-5000 Fax: 414-978-8942 E-mail: david.cross@quarles.com johanna.wilbert@quarles.com Attorneys for Plaintiff, Precision Dynamic Corporation

QB\22389137.1

Vous aimerez peut-être aussi