Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :04-cv-01451-SLR Document 16-9 Filed 04/13/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

: C. A. No.: 04-1451 SLR
Plaintiff :
V. I
LUMATEC INDUSTRIES, INC.
Defendant.
PLAINTIFF’S RESPONSES TO DEF ENDANT’S FIRST SET OF INTERROGATORIES
l. Identify each and every fact known to plaintiff Chih—Wen Chung on or prior to
November l5, 2004, upon which plaintiff relied in determining that personal jurisdiction could
be asserted over defendant Lumatec Industries, Inc., in Delaware.
RESPONSE: Plaintiff objects to this Interrogatory as overly broad and unduly burdensome, as
the facts upon which Plaintiff relies are also within the possession of defendant and defendant’s
customers. Among the facts that defendant is aware of and support personal jurisdiction over
defendant are the following: Defendant advertises its goods to Delaware consumers, and
infringing products made by defendant and bearing defendant’s tradename and trademarks are
advertised, offered and sold by defendant’s distributors/retailers/resellers (distributors) to
Delaware consumers. Defendant sells infringing products to resellers who advertise and offer to
re-sell infringing product to Delaware consumers. Defendant’s distributors continue to sell
infringing product to Delaware consumers. Defendant’s resellers, including Solutions (PO Box
6878, Portland OR 97228 www.solutionscatalog.com ), www.promopeddler.com (sells
"Lumatec ASI # 68l77—D6TL-13l" Octopus on its web site), Always Something Brilliant (8141

I Case 1:04-cv-01451-SLR Document 16-9 Filed O4/13/2005 Page 2 of 3
N I-70 Frontage Rd., Arvada CO www.alvvay¢sbrilliant.com (sells Ltunatec Octopus screwdriver)
all target Delaware consumers and sell to them, and have offered the infringing article to
Delaware consumers prior to the filing date of this Complaint and continue to do so. All of these
distributors also offers the infringing article to Delaware consumers via 800 number customer
service centers, which are open 24 hours a day, 7 days a week. In addition, Container Store, Inc.,
(locations coast to coast, www.containerstore.com and 800 number) offered the infringing article
to Delaware consumers. Defendant knew that each of its distributors would offer the infringing
article to consumers in Delaware and every other state.
2. Identify each and every fact known to plaintiff Chih-Wen Chung on or prior to
November 15, 2004, upon which plaintiff relied in determining that the patented product
identified in the Complaint filed by plaintiff in the above referenced action has been sold in or
into Delaware.
RESPONSE: Plaintiff objects to this lnterrogatory as overly broad and unduly burdensome, and
to the extent that such facts are known to defendant and its distributors. Plaintiff has been told
by defendant’s distributors that infringing product has been sold in Delaware. lnfringing product
has been and continues to be advertised and offered to Delaware consumers, and defendant’s
distributors continue to advertise and sell infringing product in Delaware. Among the facts that
plaintiff relied upon in asserting that infringing product has been offered for sale, advertised for
sale and sold to consumers in Delaware are the following: Defendant advertises its goods to
Delaware consumers, and infringing products made by defendant and bearing defendant’s
tradename and trademarks are advertised, offered and sold by defendant’s

Case 1:04-cv-01451-SLR Document 16-9 Filed O4/13/2005 Page 3 of 3
distributors/retailers/resellers (distributors) to Delaware consumers. Defendant sells infringing
products to resellers who advertise and offer to re-sell infringing product to Delaware consumers.
Defendant’s distributors continue to sell infringing product to Delaware consumers. Defendant’s
resellers, including Solutions (PO Box 6878, Portland OR 97228 www.solutionscatalogcom ),
www.promopeddlcr.com (sells "Lumatec ASI # 68177-D6TL—l3l" Octopus on its web site),
Always Something Brilliant (8141 N I-70 Frontage Rd., Arvada CO www.alw’avsbrilliant.com
(sells Lumatec Octopus screwdriver) all target Delaware consumers and sell to them, and have
offered the infringing article to Delaware consumers prior to the filing date of this Complaint and
continue to do so. All of these distributors also offers the infringing article to Delaware
consumers via 800 number customer service centers, which are open 24 hours a day, 7 days a
week. In addition, Container Store, Inc., (locations coast to coast, www.containerstore.com and
800 number) offered the infringing article to Delaware consumers. Defendant knew that each of
its distributors would offer the infringing article to consumers in Delaware and every other state.
Attorney for Plaintiff
Dated: April 4, 2005