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HALCON CORPORATION,
Plaintiff,
Civil Action No.
v.
JURY TRIAL DEMANDED
TUOHY FURNITURE CORPORATION,
Defendant.
THE PARTIES
with its principal place of business at 42 Saint Albans Place, Chatfield, MN 55923.
3. Halcon’s claims arise under the patent laws of the United States, 35 U.S.C.
§§ 1 et seq. Subject matter jurisdiction exists pursuant to 28 U.S.C. §§ 1331 and 1338(a).
4. This Court has personal jurisdiction over Tuohy. Upon information and
belief, Tuohy has a physical place of business in this judicial district located at 42 Saint
Minnesota, including but not limited to making, using, selling, or offering for sale
infringing products accused herein, and directs its infringing products at the residents in
the State of Minnesota and in this judicial district. Tuohy distributes its infringing
products within this judicial district. Finally, Halcon’s claims arise out of or relate to
1400(b) because Tuohy has committed acts of infringement in this judicial district where
the infringing product can be found, and has a regular and established physical place of
business in this judicial district located at 42 Saint Albans Place, Chatfield, MN 55923.
Tuohy also does business in this judicial district through a permanent and continuous
presence here.
FACTUAL BACKGROUND
has made well-designed, well-crafted workplace furniture for over forty years. Halcon
uses its project management, engineering, and manufacturing experience to work with
its furniture products. To protect these designs, Halcon has sought and received
intellectual property protections in its designs, including United States Design Patent
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9. The ’251 patent issued on October 10, 2017. Halcon is the exclusive owner
of all rights, title and interest in the ’251 patent by assignment. The ’251 patent is valid,
enforceable, and duly issued in compliance with Title 35 of the United States Code. A
10. The ’251 patent is entitled “Table.” Two figures from the ’251 patent are
shown below:
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11. Halcon’s Mesa product line features the ornamental design claimed in the
’251 patent.
12. Halcon’s Mesa product line has been marked in accord with 35 U.S.C. §
287. Halcon marks the ’251 patent number on its product literature and website.
duplicate, disseminate, distribute, sell, offer for sale, or display furniture with the design
15. Upon information and belief, Tuohy offers for sale and sells Tuohy’s
“Carina Table” product. The design of the Carina Table product copies the ornamental
16. Tuohy has manufactured and advertises the Carina Table product at least at
design competition at an industry conference in June 2019. Tuohy has entered the Carina
Table product in the conference room furniture category at the following website:
https://bestofneoconawards.secure-platform.com/a/gallery/rounds/5/details/1550
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19. Without Halcon’s authorization, Tuohy has made, used, sold, offered for
sale, and/or imported into the United States, including but not limited to Minnesota, the
20. An ordinary observer, familiar with the prior art in the field, would perceive
the overall appearance of the design of the ’251 patent and the design of the Carina Table
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product to be substantially the same. Such an ordinary observer would be deceived into
believing that the Carina Table product is the same as the design claimed in the ’251
patent.
21. The ordinary observer, informed by the relevant prior art, would be misled
by the Carina Table product into believing that Tuohy is authorized to distribute products
22. The Carina Table product features the claimed design of the ’251 patent.
COUNT ONE
22 of this Complaint.
24. On October 10, 2017, the United States Patent and Trademark Office duly
25. The ’251 patent is directed to an “an ornamental design for a table” as
26. Halcon is the owner of the entire right, title and interest in and to the ’251
patent, by assignment.
27. Tuohy has made, used, sold, and/or offered for sale within the United States
and/or imported into the United States, one or more accused products, including but not
limited to the Carina Table product. The design of Tuohy’s infringing product, in the eye
of the ordinary observer who is familiar with the prior art in the field, appears
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28. Tuohy has damaged and will continue to damage Halcon in an amount to
be determined at trial.
29. Tuohy has irreparably injured Halcon and such injury will continue unless
A. Enjoin Tuohy and any person acting in concert with it from further
resulting from Tuohy’s infringement of the ’251 patent, actual damages to Halcon in an
amount not less than a reasonable royalty for Tuohy’s infringement, and other damages
(i) order the removal from the marketplace and destruction of all of
Tuohy’s products that infringe the ’251 patent;
(ii) prohibit Tuohy from further making, using, selling, offering for sale,
or importing all of Tuohy’s products that infringe the ’251 patent;
(vi) order Tuohy to report to this Court of its compliance with the
foregoing within thirty (30) days of judgment; and
(vii) other and further relief that the Court deems just and proper.
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Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Halcon
respectfully requests a trial by jury of any and all issues on which a trial by jury is available
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JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff Olmsted County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Fish & Richardson P.C.
Michael E. Florey
60 South 6th Street, Minneapolis, MN 55402 (612) 335-5070
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/30/2019 /s/Michael Florey
FOR OFFICE USE ONLY
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
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