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    Volstar Technologies v. Gillette Company

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    Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-08429: Volstar Technologies v. The Gillette Company. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l9xD for more info.

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    Volstar Technologies v. Gillette Company

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    PriorSmart
    70 views7 pages
    Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-08429: Volstar Technologies v. The Gillette Company. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l9xD for more info.

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    Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-08429: Volstar Technologies v. The Gillette Company. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l9xD for more info.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    70 views7 pages

    Volstar Technologies v. Gillette Company

    Uploaded by

    PriorSmart
    Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-08429: Volstar Technologies v. The Gillette Company. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l9xD for more info.

    Copyright:

    Public Domain
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    of 7

    UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

    VOLTSTAR TECHNOLOGIES, INC. f/k/a HORIZON TECHNOLOGIES, INC. CASE NO.: 13-cv-08429 Plaintiff, v. THE GILLETTE COMPANY, A Delaware Corporation, Defendant.

    COMPLAINT FOR DESIGN PATENT INFRINGEMENT JURY TRIAL DEMANDED Plaintiff VOLTSTAR TECHNOLOGIES, INC. f/k/a HORIZON TECHNOLOGIES, INC., by and through undersigned counsel, brings this civil action for patent infringement against Defendant, and alleges as follows: 1. This is an action for patent infringement arising under the patent laws of the

    United States, 35 U.S.C. 271, et seq., to enjoin and obtain damages resulting from Defendants unauthorized importation for sale, manufacture, use, and offer to sell a universal serial bus (USB) electrical charger that infringes United States Design Patent No. D587,192 entitled Electrical Charger.

    PARTIES, JURISDICTION AND VENUE 2. Plaintiff VOLTSTAR TECHNOLOGIES, INC. f/k/a HORIZON

    TECHNOLOGIES, INC. (Voltstar) is an Illinois corporation with its principal place of business at 1320 Tower Road, Schaumburg, Illinois 60173. 3. Defendant THE GILLETTE COMPANY (Gillette) is a Delaware corporation

    with its principal place of business at One Gillette Park, Boston, Massachusetts 02127. 4. Pursuant to 735 ILCS 5/2-209, Gillette is subject to personal jurisdiction within

    this judicial district and division because it operates, conducts, engages in, or carries on business within this state, judicial district and division, and/or has an office or agency within this state, judicial district and division. 5. In addition, Gillette is subject to personal jurisdiction within this judicial district

    and division because the unlawful conduct of Gillette took place within this judicial district and division, and jurisdiction over Gillette will not offend traditional notions of fair play and substantial justice. 6. This Court has exclusive subject matter jurisdiction pursuant to 28 U.S.C.

    1338(a) under the Patent Laws of the United States. 7. Venue is proper in this judicial district and division pursuant to 28 U.S.C.

    1400(b) and 28 U.S.C. 1391 (b) because Gillette has committed acts of infringement within this judicial district and division. THE PATENT-IN-SUIT 8. Prior to November 28, 2007, James W. McGinley, Donald Rimdzius, and Joseph

    L. Kapushion, invented a new and novel ornamental design for an electrical charger.

    9.

    McGinley, Rimdzius, and Kapushion applied for and obtained United States

    Design Patent No. D587,192 entitled Electrical Charger which was duly and legally issued on February 24, 2009 (the 192 Patent). A true and correct copy of the 192 Patent is attached as Exhibit A. 10. McGinley, Rimdzius and Kapushion assigned all right, title and interest in and to

    the 192 Patent to Plaintiff on November 30, 2007. 11. The 192 patent claims the following ornamental design for an electrical charger:

    INFRINGEMENT OF THE 192 PATENT 12. Gillette is the manufacturer and seller of the Mini USB AC Charger:

    13.

    Gillettes Mini USB AC Charger infringes the ornamental design for an electrical

    charger of the 192 Patent. COUNT I INFRINGEMENT OF U.S. DESIGNPATENT NO. D587,192 AGAINST GILLETTE 14. Plaintiff re-alleges paragraphs 1 through 13above as fully and completely as if set

    forth herein verbatim. 15. Defendant Gillette makes, uses, sells, offers to sell and/or imports into the United

    States for subsequent distribution, sale or use, products that infringe the 192 Patent. 16. Gillettes manufacture and sale of the Mini USB AC Charger constitutes

    infringement of the 192 Patent. 17. The activities of Gillette have been done and continue to be done without license

    or permission from Voltstar and/or without authority of Voltstar. 18. The activities of Gillette have been and continue to be to the injury and detriment

    and irreparable harm to Voltstar. WHEREFORE, VOLTSTAR PRAYS: A. B. For judgment that Gillette has infringed the 192 Patent: For an accounting and an award of damages sufficient to compensate Voltstarfor

    the infringement but in no event less than a reasonable royalty; C. D. For an award of costs; and For such other and further relief as to the Court may appear just and reasonable.

    DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury on all claims so triable. DATED: November 15, 2013 Schneider Rothman Intellectual Property Law Group PLLC P.O. Box 812182 Boca Raton, FL 33481-2182 Tel: 561-404-4350 Fax: 561-404-4353 Attorneys for Plaintiff By: /s/ Jerold I. Schneider Jerold I. Schneider [email protected] Admitted to the General Bar of the Northern District of Illinois -andKeith A. Vogt Takiguchi&Vogt, LLP 1415 W. 22nd Street, Tower Floor Oak Brook, Illinois 60523-2021 Tel: 630.974.5707 Fax: 630.423.9558 Designated Local Counsel for Plaintiff pursuant to Local Rule 83.15.

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