MDPL Complaint 2

8/14/2019 MDPL Complaint 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

GREENVILLE DIVISION

NORTH AMERICAN RESCUE,INCORPORATED

Plaintiff,

v.

DEMARIUS CORPORATIONd/b/a PROGRESSIVE MEDICAL

INTERNATIONAL,

Defendant.

Case No: _____________________

COMPLAINT(Jury Trial)

Plaintiff, North American Rescue, Incorporated (NAR), a corporation organized

under the laws of Delaware, hereby complains of Demarius Corporation d/b/a

Progressive Medical International (PMI), a corporation organized under the laws of

California as follows:

THE PARTIES

1. NAR is a Delaware corporation with an address of 35 Tedwall Ct., Greer,South Carolina 29650, in good standing with the South Carolina Secretary of State and

doing business on a regular and systematic basis within the State of South Carolina.

2. Defendant PMI is a California corporation with an address believed to be2460 Ash Street, Vista, CA 92081, and upon information and belief, doing business on a

regular, continuous and systematic basis within the State of South Carolina.

JURISDICTION AND VENUE

3. This is an action for patent infringement under the United States Patent Laws,35 U.S.C. 271, et. seq.

6:09-CV-2637-RBH


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4. This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331 and 1338.

5. Defendant PMI conducts business in this District and has committed acts ofpatent infringement in this Judicial District including, inter alia, importing, making,

using, offering for sale, and/or selling infringing products and/or services in this Judicial

District.

6. Venue is proper in this Court pursuant to 28 U.S.C. 1391.FACTS COMMON TO ALL CAUSES OF ACTION

7.

NAR is the owner of all rights, title, and interest in and to United States Patent

No. 7,504,549 (the 549 patent) entitled Chest Wound Seal For Preventing

Pneumothorax and Including Means For Relieving A Tension Pneumothorax, a patent

which duly and legally issued in the name of Robert Castellani and Robert Miller on

March 17, 2009.

8. A true and correct copy of the 549 patent is attached to the Complaint asExhibit A.

9. Upon information and belief, Defendant PMI manufactures, uses, offers forsale, and/or sells medical supplies including the Individual Trauma Molle Kit, SQT

Trauma Kit and the Halo Seal as well as other products and/or services.

10.Upon information and belief, Defendant PMI has made, used, offered to sell,and/or sold, and continues to make, use, offer to sell, and/or sell products and/or services

within this District, including, without limitation, the Individual Trauma Molle Kit,

SQT Trauma Kit and the Halo Seal, that infringe the 549 patent.


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FIRST CAUSE OF ACTION

Patent Infringement (549 Patent)

11.NAR incorporates the previous paragraphs as if realleged herein.12.

Upon information and belief, Defendant PMI has been, and currently is,

directly and indirectly infringing the 549 patent by making, using, selling, offering for

sale, contributing to the use of by others, and/or inducing others to use products and

services that infringe the 549 patent.

13.Upon information and belief, Defendant PMIs infringement of the 549patent has been and continues to be willful and deliberate.

14.Upon information and belief, Defendant PMIs infringement of the 549patent will continue unless enjoined by this Court.

15.As a direct and proximate consequence of Defendant PMIs infringement ofthe 549 patent, NAR has suffered and will continue to suffer irreparable injury and

damages in an amount not yet determined for which NAR is entitled to relief.

PRAYER FOR RELIEF

Wherefore, NAR requests entry of judgment in its favor and against Defendant

PMI as follows:

A. Entry of judgment that Defendant PMI has infringed the 549 patent;

B. Entry of judgment that Defendant PMI induced infringement of the 549

patent;

C. Entry of judgment that Defendant PMI has contributed to infringement of

the 549 patent;

D. Entry of a preliminary and permanent injunction restraining and enjoining

Defendant PMI and its respective officers, agents, servants, employees, attorneys, and


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those persons in active concert or participation with them who receive actual notice of the

order by personal service or otherwise, from any further sales or use of their infringing

products and/or services and any other infringement of the 549 patent, whether direct or

indirect;

E. Damages to compensate NAR for Defendant PMIs infringement of the

549 patent pursuant to 35 U.S.C. 284;

F. Enhanced damages, pursuant to 35 U.S.C. 284;

G. An award of pre-judgment and post-judgment interest and costs to NAR in

accordance with 35 U.S.C. 284;

H. An award of NARs reasonable attorneys fees pursuant to 35 U.S.C.

285; and,

I. A grant to NAR of such other and further relief as the Court may deem

just, proper, and equitable under the circumstances.

Respectfully submitted,

McNAIR LAW FIRM, P. A.

s/Douglas W. KimDouglas W. Kim (Fed ID #9004)

Hunter S. Freeman (Fed ID #9313)

Post Office Box 447

Greenville, SC 29602Telephone: 864-271-4940

Fax: 864-271-4015

Email: [email protected]

Attorneys for Plaintiff

Date: October 8, 2009

GREENVILLE 242160v1

MDPL Complaint 2

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