Professional Documents
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CaseNo.^MCAl^fS"
JURY TRIAL DEMANDED
1.
Plaintiff Vap Creative, Ltd. is an Ohio corporation with its principal place of
business at 3721 Mohler Road, Cincinnati, Ohio 45241. It is the owner of United States Patent No.
6,860,785 ('"785 patent"), which was duly and legally issued on March 1, 2005.
A true and
2.
5816 Ward Court, Virginia Beach, Virginia 23455. It is an exclusive licensee, from Vap, of the
'785 patent.
3.
corporation with its principal place of business at 1519 Interstate 30 West, Greenville, TX 75402.
4.
corporation with its principal place of business at 1519 Interstate 30 West, Greenville, TX 75402.
5.
6.
etseq.
Thisis an action for patent infringement arising under the Patent Act, 35 U.S.C. 1
7.
This Court has jurisdiction over the subject matter of this action pursuant to 28
8.
9.
This Court has personal jurisdiction over Defendants because Defendants have
committed, directed, authorized, endorsed and/or approved of acts of infringement in the Eastern
District of Virginia; Defendants have caused tortious injury to SwimWays in the Eastern District of
Virginia, Norfolk Division; and Defendants have transacted substantial business in this judicial
district.
10.
leisure and recreational water products. The SwimWays brand has been around for over 35 years, and SwimWays continues to invest substantial resources into its product design and development to
create unique, quality products which are leaders in the industry. SwimWays' products can be
found in thousands of major retailers and individual pool dealers, both in the United States and
abroad.
11.
12.
The Rainbow Reef products have been advertised through various advertising
media, including on the Internet and substantial advertising dollars have been spent in connection
with the products. The Rainbow Reef products have appeared in print media, newspapers, trade
journals, magazines, promotional materials, and on the Internet, in addition to at retail locations.
13.
various advertising media, and those products are available forsale at retail locations throughout the
United States.
14.
Defendants sell a variety of robotic fish products, sold under the name "Aquabot"
("Accused Products") that infringe one or more claims of the '785 Patent. An example of the
Accused Products is shown in Exhibit C.
Count One
15.
Plaintiffs repeat and reallege, as if fully set forth herein, each and every allegation
16.
Defendants manufacture, distribute, sell, offer to sell, and/or import the Accused
17.
The Accused Products embody and infringe the '785 patent in violation of
18.
patent.
Defendants do not have license or authorization from SwimWays to utilize the '785
19.
the '785 patent.
20.
21.
The foregoing acts of patent infringement by Defendants have caused, and unless
enjoined by this Court, will continue to cause immediate and irreparable injury and damage to
Plaintiffs, leaving Plaintiffs with no adequate remedy at law.
Prayer For Relief
(a)
that this Court issue preliminary and permanent injunctive relief against Defendants, their respective officers, agents, servants, employees, attorneys, parent and
(b)
a judgment that the '785 patent is duly and legally issued,valid, and enforceable;
(c) (d)
a judgment that Defendants have infringed one or more claims of the '785 patent; an accounting and award of compensatory and punitive damages under 35 U.S.C.
284 including, but not limited to, Plaintiffs' lost profits, but in any event not less
than a reasonable royalty, resulting from Defendants' infringement of the '785
patent, together with prejudgment and postjudgment interest;
(e)
that Defendants' acts be deemed willful and intentional and that Defendants be
required to pay to Plaintiffs additional damages equal to three times the actual
damages awarded pursuant to 35 U.S.C. 284;
(f)
that this be adjudged an exceptional case and that Plaintiffs be awarded their
(h)
for such other and further relief as this Court deems just.
JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38, Plaintiffs hereby demands a trial by jury
on all issues so triable.
By:
John oJ SwingU
WILLIAMS MULLEN, P.C. 999 Waterside Dr., Suite 1700 Norfolk, VA 23510
WILLIAMS MULLEN, P.C. 999 Waterside Dr., Suite 1700 Norfolk, VA 23510
cmytelka@williamsmullen.com