Case No. 11MCV ^4
Case 1:09-cv-01024-LO-TCB Document 1 Filed 09/10/09 Page 1 of 34 PageID# 1 FILED IN THE UNITED STATES DISCTRICT COURT EASTERN DISTRICT OF VIRGINIA II? 10 \- CLl".'. Erik B. Cherdak 149 Thurgood Street Gaithersburg, Maryland 20878 Plaintiff', Pro Se, Case No. 11MCV ^4- v. COMPLAINT FOR PATENT INFRINGEMENT SKECHERS USA, INC. JURY TRIAL DEMANDED 228 Manhattan Beach Blvd. Manhattan Beach, California 90266 Defendant. SERVE ON: CORPORATION SERVICE COMPANY 11 South 12th Street P.O. Box 1463 Richmond, VA 23218-0000 COMPLAINT Plaintiff Erik B. Cherdak1 (hereinafter "Plaintiff or "Cherdak"), Pro Se, and in and for his Complaint against SKECHERS USA, INC. (hereinafter "SKECHERS"), and states as follows: JURISDICTION AND VENUE 1. This is an action for Patent Infringement under the Laws of the United States of America and, in particular, under Title 35 United States Code (Patents - 35 1 While Plaintiff Cherdak is not licensed to practice law in Virginia, he is a registered patent attorney before the U.S. Patent and Trademark Office. Case 1:09-cv-01024-LO-TCB Document 1 Filed 09/10/09 Page 2 of 34 PageID# 2 USC § 1, et seq.). Accordingly, Jurisdiction and Venue are properly based under Sections 1338(a), 1391(b) and (c), and/or 1400(b) of Title 28 of the United States Code. 2. Plaintiff is an individual who resides in Gaithersburg, Maryland at the address listed in the caption of this Complaint. At all times relevant herein, Plaintiff has been and is the named inventor of U.S. Patent Nos. 5,343,445 (the '445 patent) and 5,452,269 (the '269 patent) (hereinafter collectively referred to the "Cherdak patents," which were duly and legally issued by the U.S.
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