Orvis False Marking Complaint 2 .Docx
Case 2:10-cv-00439-DF Document 1 Filed 10/15/10 Page 1 of 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Americans For Fair Patent Use, LLC § § Plaintiff, § § v. § Civil Case No. 2:10-cv-00439 § JURY The Orvis Company, Inc. § § Defendant. § § § COMPLAINT FOR FALSE PATENT MARKING Plaintiff Americans for Fair Patent Use, LLC (“AFPU”) files this complaint against Defendant The Orvis Company, Inc. (“Orvis”) and alleges as follows: NATURE OF THE ACTION 1. This is an action for false patent marking arising under 35 U.S.C. § 292. 2. As set forth in detail below, Orvis violated 35 U.S.C. § 292(a) by using false patent markings in advertising products for sale with the intent to deceive the public. 3. AFPU seeks an award of monetary damages from the Defendants, one-half of which shall be paid to the United States pursuant to 35 U.S.C. § 292(b). 4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331, 1332, 1338(a), and 1355(a). BACKGROUND 5. Orvis has violated 35 U.S.C. § 292(a) (the “False Marking Statute”) by marking unpatented articles with the intent to deceive the public. Case 2:10-cv-00439-DF Document 1 Filed 10/15/10 Page 2 of 12 6. More specifically, Orvis, with the intent to deceive the public, marked advertisements for products with a patent that is expired and, therefore, does not and cannot cover the advertised products. 7. Additionally, Orvis, with the intent to deceive the public, marked advertisements for products with the number of a patent that, even if not expired, would not cover the advertised products.
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