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COMPLAINT
JURY TRIAL DEMANDED
Plaintiff Midmark Corporation (Midmark) for its Complaint against Defendant UMF
Medical International, Inc. (UMF), alleges as follows:
1.
This is a patent infringement case. This Court has jurisdiction over the subject
Venue is proper in this Court pursuant to 28 U.S.C. 1391(b) and (c) and
1400(b), in that, on information and belief, UMF does business in this District, has offered for
sale and/or sold infringing products in the State of Ohio and in this District, and/or has directly
caused infringing products to be sold in the State of Ohio and in this District.
5.
On information and belief, this Court has personal jurisdiction over Defendant
Plaintiff Midmark is the owner of U.S. Design Pat. No. 685, 099 entitled
Examination Table, which issued on June 25, 2013 (the 099 patent). A copy of the 099
patent is attached hereto.
8.
On information and belief, Defendant UMF has sold or exposed for sale
examination tables to which the patented design, or a colorable imitation thereof, has been
applied, and has thereby infringed the 099 patent by offering for sale and selling examination
tables which fall within the claim of the 099 patent.
9.
On information and belief, Defendant UMF has applied the patented design, or a
colorable imitation thereof, to examination tables for the purpose of sale, and has thereby
infringed the 099 patent by manufacturing and selling examination tables that fall within the
claim of the 099 patent.
10.
With the filing of this Complaint, Midmark has given UMF written notice of the
infringement.
11.
Midmark has been, and continues to be, damaged by such infringement of the
099 patent.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Midmark respectfully requests relief and judgment as follows:
1. Temporarily, preliminarily, and permanently enjoin Defendant, its employees, agents,
officers, directors, attorneys, successors, affiliates, subsidiaries and assigns, and all those
in active concert and participation with Defendant, from infringing the 099 Patent;
2. Award Plaintiff Midmark its actual damages in an amount to be proved at trial and/or as
otherwise provided by law, as a result of the infringement of the 099 patent;
3. Award Plaintiff Midmark the total profit realized by Defendant as a result of the
infringement of the 099 patent;
4. Award Plaintiff prejudgment interest;
5. Award Plaintiff the costs of suit incurred herein; and
6. Award such other and further relief as is just and proper.
Plaintiff requests a trial by jury.
Dated: March 12, 2015
Respectfully submitted,
/s/ David E. Schmit
David E. Schmit (Ohio Bar No. 0021147)
FROST BROWN TODD LLC
3300 Great American Tower
301 East Fourth Street
Cincinnati, OH 45202
Tel: (513) 651-6985
Fax: (513) 651-6981
Email: dschmit@fbtlaw.com
0128533.0623227 4849-6004-6370v1
US D685,099 S
EXAMINATION TABLE
D574,959 S
D578,787 S
*
*
11*
Genelli ........ ..
g *
gene!
enelli
........ ..
2003/0071503 A1*
2005/0081294 A1*
4/2005
D6/367
".. 1324/183
D24/ 183
..... .. 5/611
.. D24/183
297/330
* Cited by examiner
(Us)
**
(
(
21
'
Term
PP
14 Years
1. N .1 29/369 513
(22) F1led:
(51)
(52)
Sep. 9, 2010
(57)
CLAIM
U-s- Cl-
and described.
USPC
(58)
....................................................... ..
D24/183
DESCRIPTION
References Cited
4/1989
D304,614
11/1989
D403,772
1/1999
Guttormsen
D24/183
D24/183
FanuZZi
.....
. . . ..
. . . ..
8/2000
Carroll ..
D436,176
1/2001
FanuZZi
D461,899 S *
D462,189
.... .. 297/330
... ... ... ..
. . . ..
9/2002
D463,563 S
D487,360 S
D495,510 S
*
*
3/2004
9/2004
D496,462 S
D553,379 S *
7,386,899 B2*
D24/183
Brockway et a1.
Lacina ........... ..
Lacina ....... ..
Genelli ...... ..
Smith
D24/183
D24/183
...
. . . . . ..
D6/367
. D24/183
D6/367
D6/336
. D24/183
D6/367
.... .. 5/624
design.
1 Claim, 6 Drawing Sheets
US. Patent
Sheet 1 of6
\.
FIG. 1
US D685,099 S
US. Patent
Sheet 2 of6
US D685,099 S
US. Patent
Sheet 3 of6
FIG. 3
FIG. 6
US D685,099 S
US. Patent
Sheet 4 of6
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US D685,099 S
US. Patent
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FIG. 8
US D685,099 S
JS 44 (Rev. 12/07)
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 THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
-
--
-
- -
-
-
U.S. Government
Plaintiff
3 Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
4 Diversity
Citizen or Subject of a
Foreign Country
Foreign Nation
V. ORIGIN
DEF
1
FORFEITURE/PENALTY
PERSONAL INJURY
362 Personal Injury Med. Malpractice
365 Personal Injury Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act
Proceeding
2 Removed from
State Court
3 Remanded from
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
463 Habeas Corpus Alien Detainee
465 Other Immigration
Actions
1 Original
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
4 Reinstated or
from
5 Transferred
another district
OTHER STATUTES
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information
Act
900Appeal of Fee Determination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes
Appeal to District
6 Multidistrict
Appellate Court
Reopened
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
from
7 Judge
Magistrate
Judgment
yy
DATE
DEMAND $
JUDGE
DOCKET NUMBER
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
SouthernDistrict
Districtofof__________
Ohio
__________
-
--
Plaintiff(s)
v.
-
- -
Defendant(s)
)
)
)
)
)
)
)
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If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
; or
; or
Other (specify):
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My fees are $
Date:
Servers signature
Servers address