Free Complaint - District Court of California - California

Case 5:07-cv-03117-JF Document 1-7 Filed 06/13/2007 Page1 012

Case 5:07-cv—03117—JF Document 1-7 Filed 06/13/2007 Page 2 of 2
ima-Mm—Wl Mark A. Watkins `
I Phone: 330.864.55SD A
i~-»~--~-- -·`- ----1 Fax: $$0.864.7986 _
1Wf"_f':'f§'?jf[lYf__. _ E-Mail: [email protected]
June 9, 2003 · ` . r `_
r Destiny Tool l p . _ n .
Guy Calamia, President ` p ` ·
3232 De La Cruz Blvd., #(3
Santa Clara, CA 95054 1
'Re; Possible Infringement of U.S. Patent 5,049,009 - SGS Tool Company _ A
` _ · Dur Ref: 5646-GEN ’ -
Dear Sir: · . ` C V _7` l
Our Firm represents SGS Tool Company of Monroe Falls, OH, on intellectual property matters.
r On September l'/, l99l, U.S. Patent 5,049,009, entitled Improved Cutting Tool, issued jointly to
SGS Tool Compmiy and Weldon Tool Company. A copy of that patent is enclosed for you.
While, I have not personally had the opportunity to inspect your cornpany`s actual end mills,
based on my limited ability to review the product literature, it appears that at least your Cobra
line of products may meet each limitation of at least one ofthe claims in the issued patent. ·
lf any of these products in fact meet each- limitation of at least one such claim, then any
manufacture, use, sale, or offer for sale in the United States or importation of that product into
the United States on or after the issue date ofthe patent would constitute patent infringement.
Since we are unable to draw final conclusions concerning .a potential conflict between your _
products and the *009 patent, we would ask that you provide us with a sample of the product so
that we may conduct a detailed review. Further, we would request that you provide us with a
comparison between the Destiny product and the ‘0O9 patent. -
Please direct any and all further correspondence on this issue to my attention. We rnust request
your response prior to June 20, 2003. Ifwe do not hear from you by then, we can only conclude ·
that you have no intention of making a reply. ‘.
Mark A. Watkins l
,. _? . t °‘ Pmtsnrss
_ g Ext-nerr
MAW/sabyg . . lc
Enclosure mmgi {jig -
cc: SGS filo-ol Company _
i SGS 0651
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Case 5:07-cv-03117-JF

Document 1-7

Filed 06/13/2007

Page 1 of 2

Case 5:07-cv-03117-JF

Document 1-7

Filed 06/13/2007

Page 2 of 2