Beruflich Dokumente
Kultur Dokumente
GAMBER-JOHNSON, LLC,
v.
JURY TRIAL DEMANDED
PREMIER MOUNTING SOLUTIONS, LLC,
Defendant.
COMPLAINT
1. Gamber-Johnson designs and sells innovative center consoles for use in cars and
communications equipment, and other electronics. As a result of the innovative design of the
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subject center console, Gamber-Johnson has been awarded the three patents at issue in this case:
U.S. Design Patent Nos. D710,784 (the 784 patent), D742,299 (the 299 patent), and
D755,709 (the 709 patent). Each asserted patent teaches a novel ornamental design for a
center console.
2. Premier also sells center consoles and competes with Gamber-Johnson. Premier,
however, has gone beyond lawful competition and is infringing the three Gamber-Johnson
patents at issue in this case. In particular, Premier is selling two specific center console units that
infringe the asserted patents the CB-2SIN-S and the original version of the CB-3DUR.
Gamber-Johnsons patents. Premier responded by agreeing to change the design of its two
center console units - the CB-2SIN-S and the CB-3DUR - and to remove all references to these
infringing units from its marketing and media materials. Contrary to this agreement, however,
Premier continues to market its two infringing console units. Moreover, Premier has ignored
B. The Parties
the laws of the State of Wisconsin. Gamber-Johnson has its principal place of business at 3001
and existing under the laws of the State of Wisconsin. On information and belief, Premier has its
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6. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has exclusive subject matter jurisdiction over this case for patent
of the Wisconsin Statutes, which provides jurisdiction over Wisconsin corporations and limited
liability companies and over defendants engaged in substantial and not isolated activities within
Wisconsin. On information and belief, Premier is a Wisconsin company with its principal place
of business in the Western District of Wisconsin, including making, using, offering for sale, and
selling the center console products accused of infringing the asserted patents in this action.
8. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b)
because Premier is a Wisconsin limited liability company with a principal place of business
within this judicial district, because Premier regularly conducts business in this judicial district,
and because Premier has committed acts giving rise to this suit within this judicial district.
D. Background
and military vehicles are often equipped with computer and communications equipment
configured to rest on specially designed mounts and center consoles near the operator of the
vehicle. Gamber-Johnson has been designing innovative vehicle mounts, center consoles, and
related in-vehicle products since at least 1976. Gamber-Johnson has been awarded more than 25
patents for its innovative vehicle mounts and center consoles, including the patents at issue in
this case.
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10. The 784 patent is entitled Center Console and was duly and legally issued by
the United States Patent and Trademark Office on August 12, 2014. A true and correct copy of
the 784 patent is attached to this Complaint as Exhibit A. The 784 patent remains valid and in
force.
11. Gamber-Johnson is the sole owner of the 784 patent. As the owner of the 784
patent, Gamber-Johnson is authorized and has standing to bring legal action to enforce all rights
12. The 784 patent includes five figures that depict the claimed ornamental design
for a center console, highlighting, among other things, aspects of a top surface profile of the
center console.
13. The 299 patent is entitled Center Console and was duly and legally issued by
the United States Patent and Trademark Office on November 3, 2015. A true and correct copy of
the 299 patent is attached to this Complaint as Exhibit B. The 299 patent remains valid and in
force.
14. Gamber-Johnson is the sole owner of the 299 patent. As the owner of the 299
patent, Gamber-Johnson is authorized and has standing to bring legal action to enforce all rights
15. The 299 patent includes seven figures that depict the claimed ornamental design
for a center console, highlighting, among other things, aspects of a top surface profile of the
center console.
16. The 709 patent is entitled Center Console and was duly and legally issued by
the United States Patent and Trademark Office on May 10, 2016. A true and correct copy of the
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709 patent is attached to this Complaint as Exhibit C. The 709 patent remains valid and in
force.
17. Gamber-Johnson is the sole owner of the 709 patent. As the owner of the 709
patent, Gamber-Johnson is authorized and has standing to bring legal action to enforce all rights
18. The 709 patent includes seven figures that depict the claimed ornamental design
for a center console, highlighting, among other things, aspects of a top surface profile of the
center console.
19. Gamber-Johnson sells center console products that embody the 784, 299, and
709 patents. Gamber-Johnson has marked products with the 784 patent number in accordance
20. Premier makes, uses, offers for sale, and sells center console products within the
21. Premier has had actual knowledge of the 784 patent since at least January 7,
2015, when Gamber-Johnsons counsel sent a letter to Premier requesting that Premier stop
infringing the 784 patent by making, using, offering to sell, or selling its console box identified
by Premier product number CB-2SIN-S in the United States. A true and correct copy of
reiterating its assertion that Premiers product number CB-2SIN-S infringes the 784 patent, and
further identifying Premiers center console product number CB-3DUR as also infringing the
784 patent. Gamber-Johnsons February 2015 letter included an infringement analysis and
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requested that Premier cease manufacturing and selling the CB-2SIN-S product and the original
CB-3DUR product. A true and correct copy of Gamber-Johnsons letter dated February 11,
mail sent by Mr. Jim VanDerGeest to counsel for Gamber-Johnson claiming that Premier had
modified the accused CB-2SIN-S and CB-3DUR products to avoid infringement and that he had
instructed marketing to make sure all material is changed in this respect immediately.
Premiers e-mail included design drawings of the allegedly modified products, identified as CB-
2SDN-S and CB-3DUR. A true and correct copy of Premiers e-mail of March 26, 2015, with
24. Despite Premiers representation that it would modify the accused center console
products and change its marketing materials, in or about January 2017, Gamber-Johnson learned
that Premier was continuing to advertise the accused CB-2SIN-S and original CB-3DUR
specifically identifying the marketing materials advertising the accused products. After
additional letter on March 23 identifying Premiers ongoing infringement. A true and correct
copy of Gamber-Johnsons letter dated February 8, 2017, is attached to this Complaint as Exhibit
G. A true and correct copy of Gamber-Johnsons e-mail of February 23, 2017 (excluding
attachments, which are included in Exhibit G) is attached to this Complaint as Exhibit H. A true
and correct copy of Gamber-Johnsons letter dated March 23, 2017, is attached to this Complaint
as Exhibit I.
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25. To date, Premier has failed to respond to any of the letters identified at paragraph
24. Premier continues to offer the infringing CB-2SIN-S and original CB-3DUR center console
products for sale in the United States through Premiers online product catalogs.
COUNT I
27. Without authority from Gamber-Johnson, Premier has infringed and continues to
infringe the 784 patent in violation of 35 U.S.C. 271, literally and under the doctrine of
equivalents, at least by offering for sale within the United States infringing center console
products, including but not limited to, the Premier CB-2SIN-S product and the original CB-
3DUR product.
28. The designs of Premiers infringing center consoles, including the CB-2SIN-S
and original CB-3DUR products, so resemble the design claimed in the 784 patent that an
ordinary observer familiar with the prior art is likely to confuse Premiers CB-2SIN-S and
original CB-3DUR center console products with Gamber-Johnsons patented design claimed in
suffered and will continue to suffer irreparable harm and monetary damages in an amount to be
determined at trial.
30. On information and belief, Premiers acts infringing the 784 patent will continue
after service of this complaint unless enjoined by the Court. Thus, unless Premier is enjoined
from continuing to infringe the 784 patent, Gamber-Johnson will suffer additional irreparable
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31. Premier has had actual knowledge of the 784 patent since at least January 7,
2015. On information and belief, Premiers continued infringement of the 784 patent
COUNT II
33. Without authority from Gamber-Johnson, Premier has infringed and continues to
infringe the 299 patent in violation of 35 U.S.C. 271, literally and under the doctrine of
equivalents, at least by offering for sale within the United States infringing center console
products, including but not limited to, the Premier CB-2SIN-S product and the original CB-
3DUR product.
34. The designs of Premiers infringing center consoles, including the CB-2SIN-S
and original CB-3DUR products, so resemble the design claimed in the 299 patent that an
ordinary observer familiar with the prior art is likely to confuse Premiers CB-2SIN-S and
original CB-3DUR center console products with Gamber-Johnsons patented design claimed in
suffered and will continue to suffer irreparable harm and monetary damages in an amount to be
determined at trial.
36. On information and belief, Premiers acts infringing the 299 patent will continue
after service of this complaint unless enjoined by the Court. Thus, unless Premier is enjoined
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from continuing to infringe the 299 patent, Gamber-Johnson will suffer additional irreparable
COUNT III
38. Without authority from Gamber-Johnson, Premier has infringed and continues to
infringe the 709 patent in violation of 35 U.S.C. 271, literally and under the doctrine of
equivalents, at least by offering for sale within the United States infringing center console
products, including but not limited to, the Premier CB-2SIN-S product and the original CB-
3DUR product.
39. The designs of Premiers infringing center consoles, including the CB-2SIN-S
and original CB-3DUR products, so resemble the design claimed in the 709 patent that an
ordinary observer familiar with the prior art is likely to confuse Premiers CB-2SIN-S and
original CB-3DUR center console products with Gamber-Johnsons patented design claimed in
suffered and will continue to suffer irreparable harm and monetary damages in an amount to be
determined at trial.
41. On information and belief, Premiers acts infringing the 709 patent will continue
after service of this complaint unless enjoined by the Court. Thus, unless Premier is enjoined
from continuing to infringe the 709 patent, Gamber-Johnson will suffer additional irreparable
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A. judgment that Premier has infringed the 784 patent, the 299 patent, and the 709
patent infringement and no less than the damages provided by 35 U.S.C. 284 and 289;
C. judgment that Premiers infringement has been willful and an award of enhanced
Premier, its officers, agents, servants, employees, successors, assignees, parents, subsidiaries,
affiliated or related companies, attorneys, and all others in active concert or participation with
any of them who receive notice of this injunction from further infringing the 784 patent, the
directly or indirectly, including all online catalogs and advertisements, and to remove from all
other forms of marketing or advertisement, any reference to Premiers CB-2SIN-S product and
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H. such other and further relief as the Court deems just and equitable.
JURY DEMAND
Gamber-Johnson demands a trial by jury on all matters and issues properly tried to a jury
pursuant to Federal Rules of Civil Procedure 38 and 39, and other applicable federal and state
law.
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Exhibit A
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US00D710784S
US D710,784 S
Page 2
Exhibit B
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US00D7422.99$
US D742,299 S
Page 2
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;
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FIG. 6
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FIG. 7
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Exhibit C
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US00D755709S
F|G. 3
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FIG. 6
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FIG. 7
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Exhibit D
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Michael Best & Friedrich LLP
Attorneys at Law
Two Prudential Plaza
180 North Stetson Avenue
Suite 2000
Chicago, IL 60601-6710
Phone 312.222.0800
Fax 312.222.0818
VIA FEDEX
We represent Gamber-Johnson, LLC, a member of the Leggett & Platt Commercial Vehicle
Products (CVP) Group, and L&P Property Management Company (L&P) in connection with
intellectual property matters. We write to advise you of U.S. Patent No. D710,784 (the 784
patent), a copy of which is enclosed with this letter. While L&P owns the 784 patent, Gamber-
Johnson is authorized to use this patent. L&P is located at 4095 Firestone Blvd., South Gate,
California, and Gamber-Johnson is located at 3001 Borham Blvd., Stevens Point, Wisconsin.
It has come to L&Ps attention that Premier is making, using, offering to sell, or selling in the
United States of America, or importing into the United States the console box identified as part
number CB-2SIN-S and depicted in the enclosed photographs (the Premier device). We have
compared the Premier device as depicted in the photographs to the design claimed in the 784
patent, and we believe the Premier device infringes the 784 patent. In fact, it appears that the
Premier device was copied from the corresponding Gamber-Johnson product.
Accordingly, L&P demands your prompt written assurance that Premier will cease making,
using, offering to sell, or selling in the United States, or importing into the United States the
Premier device. Under applicable United States patent laws, a party whose patent rights have
been infringed has a wide range of remedies available to it, including injunctive relief and the
recovery of monetary damages, disgorgement of the infringers profits, court costs, and
attorneys fees. See 35 U.S.C. 283-285, 287, and 289.
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January 7, 2015
Page 2
While L&P prefers to resolve this matter amicably, any such amicable resolution will require
Premiers full and prompt cooperation. Accordingly, we request that you confirm in writing by
January 28, 2015, that all manufacturing, use, sale, and importation of the Premier device has
been discontinued and will not be resumed. In addition, we request (i) that you identify by
model or part number, name, or like indicia all other console boxes that Premier markets which
are similar in design to the Premier device, and (ii) provide us with a current and complete list of
all Premier console boxes together with a photograph or drawing of each.
Enclosures
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USO0D710784S
(52) 1 D12/415 Of?ce Action from the Canadian Intellectual Property Of?ce for
I ......... .... ...... ... ................................... .. Application NO 143540 datedApr 4, 2012 (2 pages)
(58) Field of Class1?catlon Search
USPC .......... .. D12/415i419, 96, 400, 195, 345, 99, (Continued)
D12/191, 106; 312/246; 296/37.1*37.8, 70,
296/241, 24.2, 24.3, 137.1, 97.1, 97.2, Primary Examiner * Katrina A Betton
296/974, 97.5, 97.6, 97.7, 1; 224/311, 539, (74) Attorney, Agent, or Firm iMichael Best & Friedrich
224/281, 118.1, 275; D8/354; LLP
D14/4514152; 248/2781, 274.1,
248/2841; 139/423; 133/319; 160/370.21, (57) CLAIM
160/37023, 37022 I claim the ornamental design for a center console, as shown.
See application ?le for complete search history.
DESCRIPTION
(56) References Cited
FIG. 1 is a perspective view of a ?rst embodiment of a center
U.S. PATENT DOCUMENTS console.
FIG. 2 is a rear view of the center console shown in FIG. 1.
D218,438 S 8/1970 Shook FIG. 3 is a right side view of the center console shown in FIG.
D233,428 S * 10/1974 Hestand ..................... .. D12/415
D249,262 S * 9/1978 Neece D12/415 1.
D279,329 S * 6/1985 Dzak .......................... .. D12/415 FIG. 4 is a left side view of the center console shown in FIG.
4,690,448 A 9/1987 Fujisawa 1; and,
4,796,791 A 1/1989 Goss etal. FIG. 5 is a top view of the center console shown in FIG. 1.
4,818,008 A 4/1989 Cressoni In the drawings, the broken lines in depict portions of the
5,085,481 A 2/1992 Fluhartyetal.
D363,916 S * 11/1995 Johnson ..................... .. D12/415 article that form no part of the claimed design.
5,609,382 A 3/1997 Schmid et al.
D429,209 S 8/2000 Inchaurregui 1 Claim, 5 Drawing Sheets
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US D710,784 S
Page 2
PEG. 5
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Exhibit E
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Michael Best & Friedrich LLP
Attorneys at Law
Two Prudential Plaza
180 North Stetson Avenue
Suite 2000
Chicago, IL 60601-6710
Phone 312.222.0800
Fax 312.222.0818
Via Email
jimv@precisonlasercutting.com
We write in reply to your email dated January 14 and your request for an explanation as to why
we believe Premiers CB-2SIN-S console box infringes our clients 784 patent. We also write
to provide our evaluation of Premiers CB-2UIN-S and CB-3DUR console boxes in light of the
784 patent.
The test for design patent infringement is referred to as the ordinary observer test, which
means a design infringes a design patent if in the eye of an ordinary observer, giving such
attention as a purchaser usually gives, two designs are substantially the same. Gorham v.
White, 81 U.S. 511 (1871).
The focus of the ordinary observer test is on the design as a whole, and the totality of the
designs of Premiers CB-2SIN-S and CB-3DUR console boxes are substantially the same as the
design claimed in our clients 784 patent. In particular, we direct your attention to the enclosed
charts comparing an exemplary aspect of the design claimed in the 784 patent to the Premier
CB-2SIN-S and CB-3DUR console boxes. As you will see, the enclosed charts use circles to
highlight portions of Premiers console boxes that are substantially similar to exemplary aspects
of our clients design.
Therefore, Premiers CB-2SIN-S and CB-3DUR console boxes each substantially resemble the
design claimed in the 784 patent, and we ask that you cease making, using, offering to sell, or
selling in the United States, or importing into the United States the Premier CB-2SIN-S and CB-
3DUR console boxes. We are not asking Premier to take any action with regard to its CB-2UIN-
S console box.
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Please confirm that Premier Mounting Solutions will cease the manufacture and sale of the CB-
2SIN-S and CB-3DUR console box designs.
Exhibit F
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DearMs.Guevara,attachedarethechangesmadetothetwoconsoleswithyourconcerns.Ihave
instructedmarketingtomakesureallmaterialischangedinthisrespectimmediately.Ifyouhave
furtherconcernsorissuespleasedonothesitatetocontactme.
Thanksinadvance,
Jim VanDerGeest
President and Owner
2210HeldtStreet
Merrill,WI.54452
Ph:8665393100
Fx:7155398009
ALTEmail:premierdryers@gmail.com
http://www.premiertouchlessdrying.com
http://www.premierguards.com
www.premiermountingsolutions.com
http://www.precisionlasercutting.com
www.facebook.com/premiertouchlessdryingsystems
28.41
6.00
13.00
11.19
6.05
TITLE:
SEDAN PI CONSOLE
SIZE: DWG. NO.: REV:
A CB-2SDN-S
Dimensions -
DATE: SCALE:
2/19/2015 1:6 SHEET 1 OF 1 2210 Heldt St., Merrill, WI 54452
5 4 3 2 1
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8.00 17.50
9.75
TITLE:
2014 DURANGO CONSOLE
SIZE: DWG. NO.: REV:
A CB-3DUR
Dimensions E
DATE: SCALE:
4/22/2014 1:7 SHEET 1 OF 1 2210 Heldt St., Merrill, WI 54452
5 4 3 2 1
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Exhibit G
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Exhibit G
Michael Best & Friedrich LLP
Attorneys at Law
Plymouth D. Nelson
T 262.956.6544
E pdnelson@michaelbest.com
February 8, 2017
Via Email
jimv@precisonlasercutting.com
We write as a follow up to your March 26, 2015, email, in which you identified through revised
drawings the changes made to the CB-2SIN-S console box (which as modified we understand to
now be the CB-2SDN-S console box) and the CB-3DUR console box. You indicated in your
email that you had instructed marketing to make sure all material is changed in this respect
immediately.
Premier, however, is still offering for sale via an online catalog on Facebook
(https://www.facebook.com/premiermountingsolutions/) the original objectionable design of the
CB-2SIN-S box. We have attached the page we retrieved from Facebook with this console box.
We note that the online catalog on the Premier website appears to no longer offer the CB-2SIN-
S, so we assume you will rectify the inconsistency on your Facebook page immediately.
100 East Wisconsin Avenue, Suite 3300 | Milwaukee, WI 53202 | T 414.271.6560 | F 414.277.0656
michaelbest.com
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February 8, 2017
Page 2
We look forward to your prompt update to Premiers Facebook page and an assurance that
Premier is no longer manufacturing or marketing the CB-2SIN-S console box that was the
subject of Gamber-Johnsons earlier complaint.
Plymouth D. Nelson
Enclosure
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Exhibit I
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Exhibit I
Michael Best & Friedrich LLP
Attorneys at Law
Plymouth D. Nelson
T 262.956.6544
E pdnelson@michaelbest.com
Via Email
jimv@precisonlasercutting.com
It appears the CB-2SIN-S console box remains within the 4th Edition Product Catalog
accessible through your Facebook page
(https://www.facebook.com/premiermountingsolutions/) and is specifically referenced on
page 29 and on the second of two pages 31 of that catalog. It also appears that the
unmodified CB-3DUR console box is illustrated on the second of two pages 32 in the
same catalog.
Please remove all instances within this catalog of the CB-2SIN-S console box and the
CB-3DUR console box with the objectionable design. Unless you do so, Gamber-
Johnson will be forced to take additional action to protect its intellectual property rights.
We again note your earlier assurance to us that you had instructed marketing to make
sure all material is changed in this respect immediately.
100 East Wisconsin Avenue, Suite 3300 | Milwaukee, WI 53202 | T 414.271.6560 | F 414.277.0656
michaelbest.com
Case: 3:17-cv-00745-jdp Document #: 1-9 Filed: 09/28/17 Page 3 of 3
We expect you will make the necessary changes without delay and notify us at once.
Plymouth D. Nelson
Enclosure
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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 Portage, Wisconsin 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)
See attached.
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)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
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.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case: 3:17-cv-00745-jdp Document #: 1-10 Filed: 09/28/17 Page 3 of 3
Arthur Gollwitzer
MICHAEL BEST & FRIEDRICH LLP
2801 Via Fortuna, Suite 300
Austin, TX 78746
Tel. 512.640.3161
Fax. 512.640.6170
agollwitzer@michaelbest.com
)
)
)
Gamber-Johnson, LLC )
Plaintiff(s) )
)
v. Civil Action No. 17-cv-745
)
)
)
)
Premier Mounting Solutions, LLC )
Defendant(s) )
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
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
Case: 3:17-cv-00745-jdp Document #: 1-11 Filed: 09/28/17 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
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) , and mailed a copy to the individuals last known address; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Servers signature
Servers address
In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court for the Western District of Wisconsin on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. 292.):
In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
PATENT OR DATE OF PATENT
HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1
In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy