MCDERMOTT WILL & EMERY LLP
600 Thirteenth Street, N.W.
Washington, D.C. 20005-3096
Telephone (202) 756-8000
Facsimile (202) 756-8087
Brian E. Ferguson
STEVENS & LEE, P.C.
485 Madison Avenue
New York, New York 10022
Telephone (212) 319-8500悲伤句子
Facsimile (212) 319-8505
父母的英文单词
Alec P. Ostrow (AO-3104)
Attorneys for Plaintiff
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re : Chapter 11
LIONEL, L.L.C, et al., : Ca No. 04-17324 (BRL)
Administered)
Debtors. : (Jointly
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MIKE’S TRAIN HOUSE, INC., : Adversary Proceeding No.
Plaintiff, :
- against - :人民警察日
L.L.C., :
LIONEL,
:
Defendant.
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COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Mike’s Train Hou, Inc. (“MTH”), by its attorneys, complaining of Defendant Lionel, L.L.C. (“Lionel”), respectfully ts forth and alleges:
NATURE OF ACTION
鲁滨逊简介
1.MTH brings this complaint pursuant to the Patent Laws, 35 U.S.C. §§ 1 et q., against Lionel for infringement of three different United States Patents, owned by MTH. The infringement complained of occurred after the filing of Lionel’s chapter 11 petition. MTH also eks a declaratory judgment that four different patents purportedly owned by Lionel are invalid, unenforceable, and not infringed by MTH.
THE PARTIES
2.Plaintiff MTH is a Maryland corporation with a principal place of business at 7020 Columbia Gateway Drive, Columbia, Maryland 21046.
3.Upon information and belief, defendant Lionel is a Michigan corporation with a place of business at 50625 Richard W Boulevard, Chesterfield, Michigan 48051. Lionel is a debtor in posssion, having filed its chapter 11 petition with the United States Bankruptcy Court for the Southern District of New York on November 15, 200
4. Lionel offers for sale and lls model electric trains and accessories throughout the United States.
JURISDICTION AND VENUE
4.This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 157(a) and 1334(b). To the extent this proceeding eks a determination of the validity of Lionel’s patents and an injunction against prent and future actions infringing MTH’s patent, this proceeding is not a core proceeding under 28 U.S.C. § 157(b). To the extent this proceeding eks damages for Lionel’s post-petition infringement of MTH’s patent, this proceeding is not a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(B), becau it does not concern the allowance of a pre-petition claim, and, since it is bad on the post-petition operation of Lionel’s
business, it is a proceeding that could be commenced in another federal district court, pursuant to 28 U.S.C. §§ 959(a) and 1409(e). MTH does not connt to the entry of a final judgment by the bankruptcy judge with respect to any non-core aspect of this proceeding.
5.Venue in this judicial district is proper pursuant to 28 U.S.C. § 1409(a).
FACTS
6.MTH is the owner by assignment of U.S. Patent No. 6,457,681 B1 (“the ‘681 Patent”), which was duly and lawfully issued by the United States Patent and Trademark Office on October 1, 2002. The ‘681 Patent is entitled “Control, Sound, and Operating System for Model Trains.” A copy of the ‘681
Patent is attached as Exhibit A.
7.MTH is the owner by assignment of U.S. Patent No. 6,619,594 B2 (“the ‘594 Patent”), which was duly and lawfully issued by the United States Patent and Trademark Office on September 16, 2003. The ‘594 Patent is entitled “Control, Sound, and Operating System for Model Trains.” A copy of the ‘594 Patent is attached as Exhibit B.
8.MTH is the owner by assignment of U.S. Patent No. 6,655,640 B2 (“the ‘640 Patent”), which was duly and lawfully issued by the United States Patent and Trademark Office on December 2, 2003. The ‘640 Patent is entitled “Control, Sound, and Operating System for Model Trains.” A copy of the ‘640 Patent is attached as Exhibit C.
9.Lionel is infringing and has infringed and contributed to and induced infringement of the ‘681, 594, and ‘640 Patents, under one or more sub-ctions of 35 U.S.C. § 271(a)-(g), including without limitation by making, have made, lling, offering for sale, importing and using model electric trains and accessories without MTH’s authorization.
10.MTH is and has been in the business of, inter alia, manufacturing, using, lling and offering for sale model electric trains and accessories.
11.Upon information and belief, Lionel purports to be the owner of all right, title and interest in U.S. Patent No. 5,251,856 (“the ‘856 Patent”), entitled “Model Train Controller for Reversing Unit,” which issued on October 12, 1993, a true copy of which is attached hereto as Exhibit D.
12.Upon information and belief, Lionel purports to be the owner of all right, title and interest in U.S. Patent No. 5,441,223 (“the ‘223 Patent”), entitled “Model Train Controller Using Electromagnetic Field Between Track and Ground,” which issued on August 15, 1995, a true copy of which is attached hereto as Exhibit E.
13.Upon information and belief, Lionel purports to be the owner of all right, title and interest in U.S. Patent No. 6,676,473 B2 (“the ‘473 Patent”), entitled “Smart Smoke Unit,” which issued on January 13, 2004, a true copy of which is attached hereto as Exhibit F.
14.Upon information and belief, Lionel purports to be the owner of all right, title and interest in U.S. Patent No. 6,765,356 B1 (“the ‘356 Patent”), entitled “Control and Motor Arrangement For U In Model Train,” which issued on July 20, 2004, a true copy of which is attached hereto as Exhibit G.
15.Lionel has accud MTH of infringement of the ‘856, ‘223, and ‘356 Patents through prent and past manufacture, u, sale and offer for sale of model electric trains and accessories. Lionel and M
TH also have a history of litigation between them concerning intellectual property rights. As a result, MTH has a reasonable expectation that Lionel will initiate suit against MTH for infringement of the ‘856, ‘223, ‘473 and ‘356 Patents becau MTH
has made, ud, sold or offered for sale and will continue to make, u, ll or offer for sale model electric trains and accessories.画医护人员
16.Lionel’s actions give ri to a ca or actual controversy within the jurisdiction of this Court, pursuant to 28 U.S.C. §§ 2201 and 2202.
COUNT I – THE ‘681 PATENT
17.MTH incorporates by reference previous paragraphs 1-16 as if fully t forth below.
18.Lionel is infringing and has infringed and contributed to and induced infringement of the ‘681 Patent under one or more provisions of 35 U.S.C. §§ 271(a)-(g).短发男生帅气发型
19.Upon information and belief, Lionel’s infringement has been and continues to be willful and deliberate.
枕头枕芯
20.Lionel’s infringement of the ‘681 Patent has caud and is causing irreparable harm to MTH. MTH is entitled to damages in an amount to be determined at trial as a result of Lionel’s infringement, and entry of an injunction against further infringement by Lionel.
COUNT II – THE ‘594 PATENT
敦煌市
21.MTH incorporates by reference previous paragraphs 1-20 as if fully t forth herein.
22.Lionel is infringing and has infringed and contributed to and induced infringement of the ‘594 Patent under one or more provisions of 35 U.S.C. §§ 271(a)-(g).
23.Upon information and belief, Lionel’s infringement has been and continues to be willful and deliberate.
