PT Diagnostics v. Pratt & Whitney Canada et. al.

of 11
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Information Report
Category:

Documents

Published:

Views: 53 | Pages: 11

Extension: PDF | Download: 0

Share
Description
Official Complaint for Patent Infringement in Civil Action No. 2:11-cv-00508: PT Diagnostics, LLC v. Pratt & Whitney Canada Corp. et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l4WM for more info.
Tags
Transcript
   1 IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONPT DIAGNOSTICS, LLC Plaintiff, v.PRATT & WHITNEY CANADA CORP., andCAMP SYSTEMS INTERNATIONAL INC., Defendants.  Civil Action No. ________Jury Trial DemandedCOMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement arising under the Patent Laws of the UnitedStates of America, 35 U.S.C. §1 et seq. in which Plaintiff PT Diagnostics, LLC makes thefollowing allegations against Defendants Pratt & Whitney Canada Corp. and CAMP SystemsInternational Inc. (collectively, “Defendants”). PARTIES  1.   Plaintiff PT Diagnostics, LLC (“PT”) is a Texas limited liability company havinga principal place of business at 719 W. Front Street, Suite 242, Tyler, Texas 75702.2.   On information and belief, Defendant Pratt & Whitney Canada Corp. (“P&WC”)is a Canadian corporation with its principal office at 1000 Marie-Victoria Blvd., Longueuil,Quebec, J4G 1A1, Canada. P&WC may be served with process as provided under Rule 4(d) of the Federal Rules of Civil Procedure, or under Rule 4(f) of the Federal Rules of Civil Procedureeffected pursuant to the Hague Convention on the Service Abroad of Judicial and ExtrajudicialDocuments. On information and belief, P&WC is a wholly owned subsidiary of UnitedTechnologies Corporation, a Delaware corporation with its principal office at One FinancialPlaza, Hartford, Connecticut 06101.3.   On information and belief, Defendant CAMP Systems International Inc.   2   (“CAMP”) is a Delaware corporation with its principal office at 999 Marconi Avenue,Ronkonkoma, New York 11779. CAMP may be served via its registered agent, CorporationService Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. JURISDICTION AND VENUE 4.   This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has srcinal subject matter jurisdiction pursuant to 28 U.S.C.§§ 1331 and 1338(a).5.   On information and belief, each of the Defendants is subject to this Court'sspecific and general personal jurisdiction pursuant to due process and/or the Texas Long ArmStatute, due at least to its substantial business in this forum, including: (i) at least a portion of theinfringements alleged herein; and (ii) regularly doing or soliciting business, engaging in otherpersistent courses of conduct, and/or deriving substantial revenue from goods and servicesprovided to individuals in Texas and in this Judicial District.6.   Venue is proper in this district under 28 U.S.C. §§ 1391(c), (d) and 1400(b). Oninformation and belief, each of the Defendants has transacted business in this district, and hascommitted and/or induced acts of patent infringement in this district. JOINDER 7.   The Defendants are properly joined in this action because Plaintiff PT asserts itsright to relief from Defendants with respect to and/or arising out of the same transaction,occurrence, or series of transactions or occurrences relating to the making, using, importing intothe United States, offering for sale, and/or selling of the same accused products or services,namely, Engine Condition Trend Monitoring (“ECTM”). On information and belief, CAMP isthe exclusive P&WC designated ECTM provider in the United States for all P&WC engines. In   3   addition, questions of fact common to both defendants will arise in this action, including but notlimited to the question of infringement of the asserted patents where both Defendants make, use,import into the United States, offer for sale, and/or sell a common accused product/service,namely, ECTM. COUNT IINFRINGEMENT OF U.S. PATENT NO. 6,567,729 8.   Plaintiff PT realleges and incorporates by reference paragraphs 1-7 above, as if fully set forth herein.9.   Plaintiff PT is the owner by assignment of United States Patent No. 6,567,729(“the ’729 patent”) entitled “System And Method Of Analyzing Aircraft Removal Data ForPreventative Maintenance.” The ’729 patent was duly and legally issued by the United StatesPatent and Trademark Office on May 20, 2003. A true and correct copy of the ’729 patent isincluded as Exhibit A.10.   On information and belief, Defendant P&WC, has infringed and continues toinfringe the ’729 patent in the State of Texas, in this judicial district, and elsewhere in the UnitedStates, by, among other things, making, using, importing, offering for sale, and/or sellingpreventative airplane maintenance products and services that process data gathered from theoperation of airplanes. Such products and services include, by way of example and withoutlimitation, ECTM, which is covered by one or more claims of the ’729 patent, including but notlimited to claim 19. By making, using, importing, offering for sale, and/or selling such productsand services that are covered by one or more claims of the ’729 patent, Defendant P&WC hasinjured PT and is thus liable to PT for infringement of the ’729 patent pursuant to 35 U.S.C. §271.11.   On information and belief, Defendant CAMP has infringed and continues to   4   infringe the ’729 patent in the State of Texas, in this judicial district, and elsewhere in the UnitedStates, by, among other things, making, using, importing, offering for sale, and/or sellingpreventative airplane maintenance products and services that process data gathered from theoperation of airplanes. Such products and services include, by way of example and withoutlimitation, ECTM, which are covered by one or more claims of the ’729 patent, including but notlimited to claim 19. By making, using, importing, offering for sale, and/or selling such productsand services that are covered by one or more claims of the ’729 patent, Defendant CAMP hasinjured PT and is thus liable to PT for infringement of the ’729 patent pursuant to 35 U.S.C. §271.12.   As a result of Defendants’ infringement of the ’729 patent, Plaintiff PT hassuffered monetary damages in an amount adequate to compensate for Defendants’ infringement,but in no event less than a reasonable royalty for the use made of the invention by Defendantstogether with interest and costs as fixed by the Court, and Plaintiff PT will continue to sufferdamages in the future unless Defendants’ infringing activities are enjoined by this Court.13.   Unless a permanent injunction is issued enjoining Defendants and their agents,servants, employees, representatives, affiliates, and all others acting or in active concerttherewith from infringing the ’729 patent, Plaintiff PT will be greatly and irreparably harmed.  COUNT IIINFRINGEMENT OF U.S. PATENT NO. 6,732,027 14.   Plaintiff PT realleges and incorporates by reference paragraphs 1-13 above, as if fully set forth herein.15.   Plaintiff PT is the owner by assignment of United States Patent No. 6,732,027(“the ’027 patent”) entitled “System And Method Of Analyzing Operational Source Data.” The’027 patent was duly and legally issued by the United States Patent and Trademark Office on
Recommended
View more...
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x