Professional Documents
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vs.
DEFENDANTS
COMES NOW Plaintiff Hugh Jarratt, by and through his undersigned counsel, and files this
Original Complaint against Defendants Arrow Plastic Manufacturing Co. and Bed Bath & Beyond
Inc. and in support thereof would show unto the Court as follows:
PARTIES
II.
Plaintiff Hugh Jarratt is a citizen of the state of Arkansas and resides in Fayetteville,
Arkansas.
III.
On information and belief, Defendant Arrow Plastic Manufacturing Co. is an Illinois
corporation with its principal place of business located in Elk Grove Village, Illinois. Said Defendant
may be served with process through its registered agent, David L. Weinstein, 311 S. Wacker Drive,
Suite 4400, Chicago, Illinois 60606.
IV.
On information and belief, Defendant Bed Bath & Beyond Inc. is a New York corporation
with its principal place of business located in Union, New Jersey. Said Defendant may be served
with process at 650 Liberty Avenue, Attn: Tax Department, Union, New Jersey 07083.
JURISDICTION
V.
This action arises under the patent laws of the United States, 35 U.S.C. 271, 282-85. This
Court has subject matter jurisdiction over this case for patent infringement under 28 U.S.C. 1331
and 1338(a).
VI.
Venue is proper in this Court under 28 U.S.C. 1391(b).
VII.
This Court has personal jurisdiction over Defendants because Defendants are present within
or have minimum contacts with the state of Texas and the Eastern District of Texas. Defendants have
Page 2
purposefully availed themselves of the privilege of conducting business in the state of Texas and in
the Eastern District of Texas. Defendants have sought protection and benefit from the laws of the
state of Texas. Defendants regularly conduct business in the state of Texas and within the Eastern
District of Texas. Plaintiffs causes of action arise directly from Defendants business contacts and
other activities in the state of Texas and in the Eastern District of Texas. Defendants have directly
and/or indirectly committed and/or induced acts of patent infringement in this district.
X.
Some time after January of 2013, Defendants began selling taco plates which infringe the
187 patent.
XI.
Defendants sell and ship infringing taco plates into the state of Texas and the Eastern District
of Texas. Defendants, on information and belief, transact or have transacted business within this
Page 3
XII.
On information and belief, without Plaintiffs authorization, Defendants have offered for sale
and have sold in the United States and the state of Texas the infringing taco plates, which have
designs that are covered by the 187 patent.
XIII.
On information and belief, Defendants knowingly and intentionally sold and continue to sell
Defendants infringing taco plates as simulations of Plaintiffs taco plates.
XIV.
On information and belief, Defendants have infringed and continue to infringe the 187 patent
within the meaning of 35 U.S.C. 271(a) at least by selling and offering to sell Defendants
infringing taco plates without Plaintiffs authorization or license.
XV.
Plaintiff has sold and is currently selling his taco plates bearing the design claimed in the
187 patent. As contemplated by 35 U.S.C. 287, Plaintiff has provided notice of the 187 patent
by marking the 187 patent number on his taco plate models bearing those patented designs since the
United States Patent and Trademark Office issued the 187 patent.
XVI.
Defendants have willfully and intentionally infringed the 187 patent from at least the date
Page 4
XVIII.
Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff as a result
of Defendants wrongful acts in an amount subject to proof at trial, which by law, cannot be less than
a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284.
XIX.
Defendants infringement of Plaintiffs exclusive rights under the 187 patent will continue
to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless
enjoined by this Court.
JURY DEMAND
XX.
Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
PRAYER FOR RELIEF
Plaintiff Hugh Jarratt respectfully requests that the Court find in his favor and against the
Defendants, and that the Court Plaintiff the following relief:
a.
Judgment that Defendants have infringed one or more of the claims, directly, jointly
and/or indirectly, by way of inducing and/or contributing to infringement of the 187
patent;
Page 5
b.
c.
d.
That, should Defendants acts of infringement be found to be willful from the time
that Defendants became aware of the infringing nature of their actions, which is the
time of filing of Plaintiffs Original Complaint at the latest, the Court award treble
damages for the period of such willful infringement pursuant to 35 U.S.C. 284;
e.
That the Court declare this to be an exceptional case and award Plaintiff his
reasonable attorneys fees and costs in accordance with 35 U.S.C. 285; and
f.
Any further relief that the Court deems just and proper.
Respectfully submitted,
/s/ W. David Carter - Lead Attorney
TSB No. 03932780
MERCY p CARTER p TIDWELL, L.L.P.
1724 Galleria Oaks Drive
Texarkana, Texas 75503
(903) 794-9419 - Telephone
(903) 794-1268 - Facsimile
wdcarter@texarkanalawyers.com
Attorneys for Plaintiff Hugh Jarratt
Page 6
Exhibit A
D490,656 S *
D494,816 S
Inventor:
Jarratt
Viewpoint Dr
(**)
US D574,187 S
Term:
Aug. 5, 2008
D545,127 S *
6/2007
D563,166 S *
2004/0222228 A1*
14 Years
4*
11/2004
.................. ..
D7/504
D7/504
* cited by examiner
(22) Filed;
Oct 1, 2007
(51)
(52)
................................................ .. 07-01
6132/5540?
(57)
CLAIM
(56)
References Cited
US. PATENT DOCUMENTS
DESCRIPTION
.
13115 876 s *
2,677,350 A *
.. 119/61.53
D199,194 S
9/1964
Patton, J1. . . . . . . .
. . . . .. D7/555
D363,413
. . . . ..
10/1995
Smith
13374,151 s
10/ 1996
Malvasio . . . . .
. . . . .. 137/504
D428,809
Adair
. . . . ..
D487,860 S *
8/2000
. . . . . . . . . .
... ... .. ..
D7/504
6 is a top
_
D7/555
and
US. Patent
Aug. 5, 2008
Sheet 1 of3
FIG. 2
FIG. 3
US D574,187 S
US. Patent
Aug. 5, 2008
Sheet 2 of3
US D574,187 S
US. Patent
Aug. 5, 2008
Sheet 3 of3
US D574,187 S
JS 44 (Rev. 12/12)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
HUGH JARRATT
Washington County, AR
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
DEF
1
Citizen or Subject of a
Foreign Country
Foreign Nation
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
OTHER STATUTES
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
DEMAND $
DOCKET NUMBER
12/18/2014
FOR OFFICE USE ONLY
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