Free Complaint - District Court of California - California

Case 3:07-cv-05094-CRB

Document 1

Filed 10/03/2007

Page 1 of 3

JAMES D. PETRUZZI (SBN 15853280) MASON & PETRUZZI 4900 Woodway, Suite 745 Houston, Texas 77056 Telephone: (713) 840-9993 Facsimile: (713) 877-9100 Attorneys for Plaintiff LARRY JUNKER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LARRY G. JUNKER Plaintiff, v. HDC CORPORATION Defendant.

§ § § § § § § § § § §

CIVIL ACTION NO. _________________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

Larry G. Junker (hereinafter "Plaintiff"), for his Complaint for Patent Infringement against HDC Corporation (hereinafter "HDC"), states and alleges as follows: 1. Plaintiff Larry G. Junker is an individual residing in the State of Florida with a

principal address of 8930 Roan Lane East, Inverness, FL 34450, and is the owner of United States Design Patent No. D450,839 entitled "Handle for Introducer Sheath," ("the '839 Patent"). 2. Upon information and belief, HDC Corporation, is a corporation organized and

existing under the laws of the State of California with a principal place of business at 628

COMPLAINT FOR PATENT INFRINGEMENT

Page 1

Case 3:07-cv-05094-CRB

Document 1

Filed 10/03/2007

Page 2 of 3

Gibraltar Ct. Milpitas, CA 95035. HDC may be served through its registered agent for service of process Leonard G. Ross at 628 Gibraltar Ct,, Milpitas, CA 93035. HDC has committed acts of infringement in this judicial district and is subject to personal jurisdiction in this judicial district. COUNT I - PATENT INFRINGEMENT

3.

This is an action for patent infringement arising under the patent laws of the

United States, Title 35 United States Code, Sections 271 et seq. 4. Jurisdiction of the subject matter of this action is established under 28 U.S.C. §§

1331 and 1338. Venue is determined by 28 U.S.C. §§1391 and 1400. 5. On information and belief, HDC has willfully and knowingly made, used, sold

and/or offered for sale devices embodying the patented invention that constitute infringement of U.S. Patent No. D450,839 in violation of 35 U.S.C. §271, et seq. 6. profit. Plaintiff seeks damages for HDC's infringement in an amount no less than HDC's

WHEREFORE, Plaintiff prays for: A. B. C. D. An award of damages for infringement; An award of attorney fees in this action pursuant to 35 U.S.C. §285; An award of interest and costs of suit; and Such other relief as the Court deems proper and just.

Dated: October 1, 2007

__/s James D. Petruzzi_____ James D. Petruzzi

COMPLAINT FOR PATENT INFRINGEMENT

Page 2

Case 3:07-cv-05094-CRB

Document 1

Filed 10/03/2007

Page 3 of 3

Texas Bar No. 15853280 MASON & PETRUZZI 4900 Woodway, Ste. 745 Houston, Texas 77056 Telephone: (713) 840-9993 Facsimile: (713) 877-9100 [email protected] Attorneys for Plaintiff LARRY G. JUNKER Of counsel Robert M. Mason Mason & Petruzzi 13601 Preston Road, Suite 402W Dallas, Texas 75240 Telephone: (972) 788-1500 Facsimile: (972) 788-1561 [email protected]

PLAINTIFF'S JURY DEMAND Plaintiff demands a trial by jury on all issues that may be so tried.

__/s James D. Petruzzi______ James D. Petruzzi

COMPLAINT FOR PATENT INFRINGEMENT

Page 3