Beruflich Dokumente
Kultur Dokumente
COMPLAINT
Plaintiff Static Media LLC (“Plaintiff”) files this Complaint against Defendant Leader
business located at 885 Woodstock Road, Suite 430-383, Roswell, Georgia, 30075.
with a principal place of business in Beloit, Wisconsin. Defendant may be served with process by
serving its Registered Agent, Rodney W. Kimes, Esq, 542 E. Grand Ave., Beloit, Wisconsin
53511-6314.
3. This Court has subject-matter jurisdiction in this action under 28 U.S.C. §§ 1331
and 1338(a) because this action is for patent infringement arising under the patent laws of the
4. This Court has personal jurisdiction over Defendant because Defendant was formed
in the State of Wisconsin and has its principal place of business in this District.
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PATENT IN SUIT
6. On November 15, 2016, United States Patent No. D771,400 (“‘D400 Patent”) was
duly and legally issued for “STADIUM SEAT.” A true and correct copy of the ‘D400 Patent is
7. By way of assignment, Plaintiff is the exclusive licensee from the inventor of all
right, title and interest in and to the ‘D400 Patent, with all rights to enforce them against infringers
and to collect damages for all relevant times, including the right to prosecute this action.
9. Defendant has infringed and continues to infringe the’D400 Patent by using, selling
and offering for sale in the United States the Leader Accessories Wide Padded Folding Stadium
Chair (the “Accused Product”), which embodies the design covered by the ‘D400 Patent.
10. The foregoing chart demonstrates via side-by-side comparisons that Defendant has
misappropriated and infringed Plaintiff’s patented product designs in the ‘D400 Patent through the
Accused Product:
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11. Defendant has never been granted any authorization, assignment or license from
Plaintiff related to the ‘D400 Patent, and Defendant’s sale, offer for sale, marketing and
advertisement of the Accused Product has been conducted without Plaintiff’s permission or
authorization.
12. Despite its prior knowledge of the ‘D400 Patent and the Accused Product,
Defendant continues to infringe the ‘D400 Patent through its sale, offer for sale, marketing and
13. Defendant’s infringement of the ‘D400 Patent has been and continues to be willful,
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14. Defendant has infringed and continues to infringe one or more claims of the ‘D400
Patent by selling, offering for sale, marketing and advertising the Accused Product in violation of
35 U.S.C. § 271.
15. Defendant has profited and continues to profit from its infringement of the ‘D400
Patent.
16. Plaintiff has suffered and continues to suffer monetary damages as a direct and
17. Plaintiff has suffered and continues to suffer irreparable harm from Defendant’s
infringement of the ‘D400 Patent for which it lacks an adequate remedy at law, and Plaintiff is
18. Defendant’s infringement of the ‘D400 Patent has been and continues to be willful,
c. A judgment that Defendant has directly infringed one or more claims of the ‘D400 Patent;
d. An order and judgment permanently enjoining Defendant and its officers, directors, agents,
servants, employees, licensees, parents, subsidiaries, affiliates, successors, assigns and all
others acting in concert with them from further infringement of the ‘D400 Patent;
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compensate Plaintiff for Defendant’s infringement of the ‘D400 Patent, but in no event less
f. A judgment that Defendant’s willful and intentional infringement of the ‘D400 Patent
h. An award to Plaintiff of the reasonable attorneys’ fees and costs incurred by it in this case;
j. Such other relief to Plaintiff as the Court deems just and proper.
Pursuant to Fed. R. Civ. P. 38(b), Plaintiff hereby demands a jury trial on all issues so triable
FISHERBROYLES, LLP
Vincent Bushnell
(pro hac vice application to be submitted)
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EXHIBIT A
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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 Fulton County, Georgia County of Residence of First Listed Defendant Rock
(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)
Harry E. Van Camp
DeWitt Ross & Stevens S.C.
2 E. Mifflin St., Ste. 600, Madison, WI 53703
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 ’x 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 ’x 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place x 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: 3:18-cv-00330 Document #: 1-3 Filed: 05/07/18 Page 1 of 1
AO 120 (Rev. 08/10)
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 above—entitled 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 above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
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 plaintiff’s 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
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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 individual’s 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 individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address