UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI KANSAS CITY DIVISION
§ CLAYTON YOUNKER, § § Plaintiff, § § - against - § Civil Action No. 07-5122-CV-SW-JCE § ARRAY MARKETING GROUP, § JURY TRIAL DEMANDED INC., eBAY INC., EVERBRITE, § L.L.C., GRIMM INDUSTRIES, § INC., NEW MARKETING § TECHNOLOGIES, INC., and § RAECO PROMO-SPORTS, L.L.C. § § Defendants. §
PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff, Clayton Younker, (“Plaintiff”), files this Original Complaint against Defendants,
Array Marketing Group, Inc., eBay Inc., Everbrite, L.L.C., Grimm Industries, Inc., New
Marketing Technologies, Inc. and Raeco Promo-Sports, L.L.C. (herein, collectively,
“Defendants”), and alleges as follows:
PARTIES
1. Plaintiff is an individual with a residence at 119 Younkers Lane, Noel, Missouri 64854.
2. Array Marketing Group, Inc. (“Array Marketing”), upon information and belief, is a
corporation organized under the laws of the State of Delaware. Array Marketing, on information
and belief, is doing business in Missouri, including business within this judicial district. Array
Marketing has a place of business at 5 East 57th St., New York, New York 10022. Array
Marketing may be served with process by serving its registered agent, CT Corporation System, located at 818 West Seventh St., Los Angeles, California 90017.
Case 3:07-cv-05122-FJG Document 1 Filed 12/21/07 Page 1 of 6 3. eBay Inc. (“eBay”), on information and belief, is a corporation organized under the laws
of the State of Missouri. eBay Inc., on information and belief, is doing business in Missouri,
including business within this judicial district. eBay, has a place of business at 2145 Hamilton
Avenue, San Jose, California 95125. eBay may be served with process by serving its registered
agent, National Registered Agent Inc., located at 300-B East High Street, Jefferson City,
Missouri 65101.
4. Everbrite, L.L.C. (“Everbrite”), upon information and belief, is a corporation organized
under the laws of the State of Wisconsin, with a place of business at 4949 S. 110th St.,
Greenfield, WI 53220-0020. Everbrite, on information and belief, is doing business in Missouri, including business within this judicial district. Everbrite may be served with process by serving its registered agent Judith M. Wamser 4949 S. 110th St., P.O. Box 20020, Greenfield, WI 53228.
5. Grimm Industries, Inc. (“Grimm”), upon information and belief, is a corporation
organized under the laws of the State of Pennsylvania. Grimm, on information and belief, is
doing business in Missouri, including business within this judicial district. Grimm has a place of
business at 7070 W. Ridge Rd., Fairview, Pennsylvania 16415. Grimm may be served with
process by serving its President, Beatus Grimm, located at 7070 W. Ridge Rd., Fairview,
Pennsylvania 16415.
6. New Marketing Technologies, Inc. (“New Marketing”), upon information and belief, is a
corporation organized under the laws of the State of Florida. New Marketing, on information
and belief, is doing business in Missouri, including business within this judicial district. New
Marketing has a place of business at 15476 NW 77th Court, Suite 290, Miami Lakes, Florida
33016. New Marketing may be served with process by serving its registered agent, William C.
Cherry, located at 3791 Beacon Ridge Way Clermont, Florida 34711.
2 Case 3:07-cv-05122-FJG Document 1 Filed 12/21/07 Page 2 of 6 7. Raeco Promo-Sports L.L.C. (“Promo-Sports”), on information and belief, is a limited
liability company organized under the laws of the State of Indiana. Promo-Sports, on
information and belief, is doing business in Missouri, including business within this judicial
district. Promo-Sports has a place of business at 2249 Lincolnway East, Goshen, Indiana 46526.
Promo-Sports may be served with process by serving its President, Rae A. Johnston, located at
2249 Lincolnway East, Goshen, Indiana 46526.
JURISDICTION AND VENUE
8. This is an action for infringement of a United States patent. Accordingly, this action arises under the patent laws of the United States of America, 35 U.S.C. § 1 et. seq. and jurisdiction is properly based on Title 35 United States Code, particularly § 271, title 28 United
States Code, particularly § 1338(a), and 28 U.S.C. 1331.
9. Venue is proper in this court under Title 28 United States Code §§ 1391(b) and (c) and
1400(b).
PATENT INFRINGEMENT COUNT
16. Plaintiff hereby realleges and incorporates by reference the allegations of paragraphs 1-9
of this Complaint as if fully set forth herein.
17. On March 13, 2007, United States Patent No. RE39,512 (“the ‘512 patent”) entitled
“Pool Table Decorative Light” was duly and legally issued. A true and correct copy of the ‘512
patent is attached as Exhibit A.
18. The ‘512 patent is a reissue of United States Patent No. 6,328,461 (“the ‘461 patent”)
entitled “Pool Table Decorative Light” that was duly and legally issued on December 11, 2001.
A true and correct copy of the ‘461 patent is attached as Exhibit B.
19. Pursuant to 35 U.S.C. § 282, the above-listed ‘512 patent is presumed valid.
3 Case 3:07-cv-05122-FJG Document 1 Filed 12/21/07 Page 3 of 6 20. Plaintiff, Clayton Younker, is the owner and sole inventor of the ‘512 patent.
21. Array Marketing, on information and belief, manufactures, sells, and/or offers for sell
products that infringe at least Claims 37 and 47 of the ‘512 patent, including for example and
without limitation the Miller Lite NASCAR Pool Table Lamp for Miller Brewing Company. By manufacturing and/or selling these products, Array Marketing has infringed and continues to infringe at least Claims 37 and 47 of the ‘512 patent.
22. eBay, on information and belief, sells, and/or offers for sell products that infringe at least
Claims 37 and 47 on the ‘512 patent, including for example and without limitation the Coors
Light Sterling Marlin #40 NASCAR Nextel Cup Pool Table Light, Dale Earnhardt Jr. #8
Budweiser NASCAR Pool Table Light, and Rusty Wallace #2 Miller Lite Pool Table Light. By selling these products, eBay has infringed and continues to infringe at least Claims 37 and 47 of the ‘512 patent.
23. Everbrite, on information and belief, manufactures, sells, and/or offers for sell products that infringe at least Claims 37 and 47 of the ‘512 patent, including for example and without limitation the Budweiser NASCAR Pool Table Light. By manufacturing and/or selling these products, Everbrite has infringed and continues to infringe at least Claims 37 and 47 of the ‘512 patent.
24. Grimm, on information and belief, manufactures, sells, and/or offers for sell products that infringe at least Claims 37 and 47 of the ‘512 patent, including for example and without limitation the Coors Light NASCAR Pool Table Light. By manufacturing, using and/or selling these products, Grimm has infringed and continues to infringe at least Claims 37 and 47 of the
‘512 patent.
4 Case 3:07-cv-05122-FJG Document 1 Filed 12/21/07 Page 4 of 6 25. New Marketing, on information and belief, sells, and/or offers for sell products that infringe at least Claims 37 and 47 on the ‘512 patent, including for example and without limitation the Coors Light Sterling Marlin #40 NASCAR Nextel Cup Pool Table Light, Dale
Earnhardt Jr. #8 Budweiser NASCAR Pool Table Light, and Rusty Wallace #2 Miller Lite Pool
Table Light. By selling these products, eBay has infringed and continues to infringe at least
Claims 37 and 47 of the ‘512 patent.
26. Promo-Sports, on information and belief, manufactures, uses, sells and/or offers for sell products that infringe at least Claims 37 and 47 of the ‘512 patent, including for example and without limitation the Coors Light Sterling Marlin #40 NASCAR Nextel Cup Pool Table Light.
By manufacturing, using and/or selling these products, Promo-Sports has infringed and continues to infringe at least Claims 37 and 47 of the ‘512 patent.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment that:
A. that Defendants have infringed one or more claims of the ‘512 patent;
B. that Defendants account for and pay to Plaintiff all damages caused by the infringement of the ‘512 patent, which by statute can be no less than a reasonable royalty;
C. The ‘512 Patent be declared valid and enforceable against all Defendants;
D. Defendants be required to pay Plaintiff’s attorneys’ fees and court costs;
E. that Plaintiff be granted pre-judgment and post-judgment interest on the damages caused to them by reason of Defendants’ infringement of the ‘512 patent;
F. that Plaintiff be granted such other and further relief as the Court may deem just and proper under the current circumstances.
5 Case 3:07-cv-05122-FJG Document 1 Filed 12/21/07 Page 5 of 6 DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial on all claims and issues.
Date: December 21, 2007 Respectfully Submitted,
/s/ Michael B. Hurd Michael B. Hurd Missouri Bar No. 35,774 Jennifer C. Bailey Missouri Bar No. 53,574 10801 Mastin Boulevard, Suite 1000 84 Corporate Woods Overland Park, Kansas 66210 Telephone: (913) 647-9050 Facsimile: (913) 647-9057 Email: [email protected] Email: [email protected]
OF COUNSEL:
Edward W. Goldstein Texas Bar No. 08099500 S. D. of Texas Bar No. 586 Wendy L. Boone Texas Bar No. 24047310 S. D. of Texas Bar No. 650007 GOLDSTEIN, FAUCETT & PREBEG, LLP 1177 West Loop South, Suite 400 Houston, TX 77027 Telephone: (713) 877-1515 Facsimile: (713) 877-1145 Email: [email protected] Email: [email protected]
ATTORNEYS FOR PLAINTIFF
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