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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) Plaintiffs, ) ) v. ) ROSENBOOM MACHINE & TOOL, INC., an ) ) Iowa Corporation, ) ) Defendant. _______________________________________ ) 1944 WEYER FAMILY LIMITED PARTNERSHIP, a Washington Limited Partnership; and HELAC CORPORATION, a Washington Corporation,
No. COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL
TRIAL For its complaint against Rosenboom Machine & Tool, Inc. (Rosenboom), the 1994 Weyer Family Limited Partnership (Weyer Family LP) and Helac Corporation (Helac), collectively Plaintiffs, allege as follows. These allegations are made upon knowledge with respect to Plaintiffs and their own acts, and upon information and belief as to all other matters.
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I.
a United States Patent that relates to an improved actuator. Plaintiffs seek injunctive relief and damages. II. JURISDICTION AND VENUE
This action arises under the patent laws of the United States, 35 U.S.C. 1
et seq. including 35 U.S.C. 271, 281-285. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 3. Rosenboom is subject to personal jurisdiction in this District because it
repeatedly places products into the stream of commerce within the District and has committed acts of patent infringement here resulting from the sale or offer for sale of products that are covered by one or more claims of Plaintiffs patent. 4. Venue is proper in this District pursuant to 28 U.S.C. 1391(a), (b) and
State of Washington having an address in Enumclaw, Washington. Weyer Family LP owns the patent asserted in this action and all rights of recovery under it, including the right to sue for infringement and to recover past damages. 6. Helac is a corporation organized under the laws of the State of Washington
with its principal place of business in Enumclaw, Washington. Helac is the exclusive licensee of the patent asserted in this action.
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7.
having a principal place of business in Sheldon, Iowa. IV. 8. PLAINTIFFS AND THEIR RIGHTS
(the 095 patent), which was duly issued by the United Stated Patent and Trademark Office on September 5th, 1995. The 095 patent is in full force and effect. A copy of the 095 patent is attached as Exhibit 1. 9. Helac is the exclusive licensee of the 095 patent. Helac sells actuators
protected by the 095 patent. Helac and Rosenboom are direct competitors with respect to the actuators at issue. V. 10. ROSENBOOM'S WRONGFUL ACTIVITIES
Rotary Actuator and incorporates it into a cart tipper. The cart tippers with the Helical Rotary Actuator are sold to a customer who sells them as part of a complete system to municipalities and other customers in Washington State, including ones in this District. 11. Rosenboom has infringed and continues to infringe one or more claims of
the 095 patent by making, using, importing, selling and/or offering for sale in this District and elsewhere in the United States products including the Helical Rotary Actuator, and actively inducing infringement by others. 12. Rosenboom does not have a license to make, use, import, sell, or offer to
COUNT I PATENT INFRINGEMENT Plaintiffs reallege each of the allegations contained in paragraphs 1 through
Rosenboom has infringed the 095 patent in violation of the patent laws of
the United States, 35 U.S.C. 271 and 281-285. 6 15. 7 suffering, and will continue to suffer irreparable damage, and unless Rosenboom is 8 restrained from continuing its wrongful acts, the damage to Plaintiffs will continue. 9 16. 10 Rosenbooms infringement of the 095 patent. 11 17. 12 at trial and other such relief as requested below. 13 VI. 14 Plaintiffs hereby demand a trial by jury of all issues so triable. 15 VII. 16 WHEREFORE, Plaintiffs respectfully request the following alternative and 17 cumulative relief: 18 a. 19 more claims of the 095 patent; 20 b. 21 permanent injunction thereafter enjoining Rosenboom and its agents, attorneys, servants, 22 successors, assigns, employees, and all those in privy or in active concert and participation 23 with them, or any of them, from: infringing any claim of the 095 patent by making, using,
Davis Wright Tremaine LLP
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selling, offering to sell, or importing any infringing product, including without limitation the Helical Rotary Actuator manufactured, used, sold, offered for sale, or imported by or for Rosenboom; c. An award of damages to Plaintiffs adequate to compensate them for
Rosenbooms infringement of the 095 patent, but in no event less than a reasonable royalty, with the award of damages increased by up to three times the amount found or assessed; d. e. 285; and f. Such other and further relief as this Court may deem just and proper. Prejudgment interest; Costs of suit, including reasonable attorneys fees, pursuant to 35 U.S.C.
By
s/F. Ross Boundy F. Ross Boundy, WSBA # 403 George C. Rondeau, Jr., WSBA # 13199 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: (206) 757-8201 Fax: (206) 757-7201 E-mail: rossboundy@dwt.com georgerondeau@dwt.com