Free Complaint - District Court of California - California

Case 5:07-cv-03117-JF Document 1-8 Filed 06/13/2007 Page1 014

Case 5:07-cv—031_17—JF Document 1-8 Filed 06/13/2007 Pa e of.4
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UNITED STATES DISTRICT?
NORTI£€RN DISTRICT OF OHIO _ 1} 3
nasrssit ottmott i3 PH Ei
sos root comm? ;;§;;;f.· tk; gse &a;<,E_;¢ .
55 South Main Street ) *°G i W 1 3 1 5
Monroe Falls, Ohio 44262 ) •
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pasta > ¤U¤g§j[)Gi`* i3i,lL$”i`ER
. · ) “ `"
vs. ) COIVIPLAINT FOR y
) PATENT INFRINGEMENT
STEP TOOLS UNLIMITED, INC. 6/b/a ) y ·
nssrnw r0oL B MAG. JUDGE VECCHIARELLI
3232 Da La Cruz Blvd., #(2 ) _
Santa Clara, CA 95054 ) JUYRY TRIAL DEMANDED
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Defendant. ) . `
Piaintiff SGS Tool Company (“SGS"), by its attorneys, for its complaint against
Defendant, Step Tools Uniimited, Inc. ci/b/a Destiny Tool, hereby demands a jury trial and
alleges as follows: _
PARTIES
1. SGS is a corporation organized under the laws of the State of Ohio, with its
principal place of business in Monroe Falls, Ohio.
_ 2. On infomation and belief Defendant is a corporation organized under the laws of
the State of California, with its principal place of business in Santa Clara, California
ILJRISDICTION ANI) VENUE
3. This Court: has subject matter jurisdiction over this action under 28 U.S.C. §§
1331 and 133B(a), in that this is an action for patent infringement arising under the United States i
Patent Laws at Title 35, United States Code, 35 U.S.C. § 27l et seq.
Akron - 82325.1


Case 5:07-cv—03117—JF Document 1-8 Filed 06/13/2007 Page 3 of 4
4, Defendant has committed acts of patent infringement in the Federal District for
the Northern District of Ohio acd elsewhere throughout the United States. l `
5. Venue is properic this Court under 28 U.S.C. §§ 139l(c) and l400(b), in that
Defendant is subject to personal jurisdiction in this district and therefore resides in this district,
and Defendant has and is committing acts of inhingement in this district.
l PATENT INFRH*TGEIx¤fENT y
6. On September Yi', l99l, U.S. Patent No. 5,049,009 ("the ‘009 patent") was duly
and legally issued to Graydon L. Beck and Kenneth Skrabec for an invention entitled
lMlE’RO'V`LED CUTTING TOOL. SGS and The Weldon Tool Company are co-owners of the
entire right, title, and interest in and to the ‘009 patent by virtue of assignment. A copy of the
‘0O9 patent is attached as Exhibit A.
7'N. On information arid `oeiief, Defendant is urillfully and deliberately infririging the
‘O09 patent by manufacturing, using, and selling its Viper model end mills.
S. The Det`enda11t’s accused products are being manufactured, used, and sold without
permission or License from SGS and The Weldon Tool Company, and Defendant will continite
such intiingemeat unless enjoined by this Court. l
9. The Defendanfs accused products fall within the scope of at least one claim of
the ‘009 patent, constituting acts of infringement of the same patent. The sale of Viper model
end mills in the Notthem District of Ohio and elsewhere throughout the United States, is a direct
intiiugement ofthe ‘€lO9 patent.
10. Det`endant’s website lists several of its product distributors that are located in
Ohio and in the Northern District of Ohio.
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aims - sms.;

Case 5:07-cv—03117-JF Document 1-8 Filed 06/13/2007 Page 4 of 4 ‘
ll. As a direct and proximate result of Defenda11.t’s infringement of the ‘009 pateet,
SGS has suffered and continues to suffer damages. l
12. The required statutory notice has been placed on any products manufactured and
sold under the *009 patent. l
WFEREFORE, SGS respectfully requests judgment in its favor and an award of the
. following relief: _
a. perrnanerlt inj anctive relief prohibiting Defeadaitt, its agents, employees,
licensees, and all those in privity with Defendant dom engaging in acts of infringement of the .
‘OO9 patent;
b. an award of all damages recoverable under the United States Patent Laws;
c- an award of treble damages for D€fS'11d3IllZ’S willful iniingementg
` d. aa award of attomeys’ fees to the extent perseitted under 35 U.S.C. § 285;
e. an award of all taxable costs; and
f such other and further legal and equitable relief as the Court deems appropriate.
` Respectfully submitted,
By; K
— R. Eric Gaum, Oitio Bar No. 0066573
OF CGIJNSEL: [email protected]
· Mark A. Watkins, Ohio Bar No. 0040519
HAI-IN LOESER & PARKS LLP [email protected]
- Ross M. Babbitt, Ohio Bar No. 0072946
. [email protected]
12.25 West Market Street
Akron, Ohio 44313
(330) 864-5550 voice
(330} 8643986 fax
U Attorneys for Plaintiff
1 SGS Tool Company
3
Alcrrm - 82325.1

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