Mary Elle Fashions v. Jasco Prods. - Complaint

8/9/2019 Mary Elle Fashions v. Jasco Prods. - Complaint

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UNITED ST TES DISTRICT COURT

E STERN DISTRICT OF MISSOURI

MARY ELLE FASHIONS, INC., )

d/b/a MERIDIAN ELECTRIC, ))Plaintiff , )

) Case No.vs. )

) JURY TRIAL DEMANDED)

JASCO PRODUCTS COMPANY LLC, ))

Defendant. )

COMPL INT

Plaintiff, Mary Elle Fashions, Inc. d/b/a Meridian Electric (“Meridian”), by

and through the undersigned counsel, states as follows for its Complaint against

Defendant, Jasco Products Company LLC (“Jasco”):

P RTIES

1.

Meridian is and was at all material times a corporation duly organized

under and existing by virtue of the laws of the State of Missouri, with the power to

sue. Meridian’s principal place of business is located at 2392 Grissom Drive, St.

Louis, Missouri 63146.

2. Upon information and belief, Jasco is and was at all material times a

limited liability company duly organized under and existing by virtue of the law of

the State of Oklahoma, with the power to sue and be sued. Jasco’s principal place of

business is located at 10 W. Memorial Rd., Oklahoma City, Oklahoma 73114.

3. Jasco’s registered agent for service of process in Oklahoma is David V.

Stewart, 10 W. Memorial Rd., Oklahoma City, Oklahoma 73114.

Case: 4:15-cv-00855 Doc. #: 1 Filed: 05/29/15 Page: 1 of 6 PageID #: 1


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4. Upon information and belief, Jasco develops, markets, and distributes

consumer products, including LED lighting, for all distribution channels

internationally and within the United States.

5. Upon information and belief, Jasco offers for sale and sells its products

through its website and through mass merchants, electronic superstores, home

improvement stores, food and drug retailers, military installations, distributors,

and direct marketers located throughout the United States and in this State.

6. Upon information and belief, Jasco’s contacts with the State of

Missouri and its use of distribution channels and sales of its products within the

State of Missouri are deliberate, continuous, and systematic.

7. Among the products that Jasco imports, offers for sale, sells, and/or

uses throughout the United States and in this State are its LED Night Light

Replacement Bulbs, Model 11301.

JURISDICTION ND VENUE

8. This is an action for patent infringement arising under the Patent

Laws of the United States, 35 U.S.C. §271, et seq .

9. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§

1331 and 1338(a), and pursuant to application of Missouri’s long-arm statute,

R.S.Mo. §506.500.

10. Venue is proper in this judicial district pursuant to 28 U.S.C. §1391(b)

& (c), and 28 U.S.C. §1400(b).



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INFRINGEMENT OF DESIGN P TENT

11. Meridian owns all rights, title, and interest in U.S Patent No.

D653,364 for the design of an LED light bulb, issued by the USPTO on January 31,

2102 (the “Patent”). A true and correct copy of the Patent is attached hereto as

Exhibit 1.

12. Meridian’s rights, title, and interest in the Patent include, without

limitation, the right to sue and receive damages for past, present, and future patent

infringement.

13.

Meridian has placed the marking and notice specified in 35 U.S.C.

§287 on all products made and sold by it under the Patent, and has notified the

public, including Jasco, of the existence of the Patent.

14. In violation of 35 U.S.C. §271, Jasco is and has been, during the term

of the Patent, directly infringing, contributing to the infringement of, and/or

inducing others to infringe the Patent by importing, making, using, offering to sell,

and/or selling in the United States and in this State products that embody the

design reflected in the Patent or constitute a colorable imitation of that design.

Such products include but are not limited to Jasco’s LED Night Light Replacement

Bulbs, Model 11301 (the “Infringing Bulbs”).

15. The design of the Infringing Bulbs is substantially similar to the

design reflected in the Patent in that an ordinary observer familiar with the prior

art would be deceived into believing that an Infringing Bulb is the same as

Meridian’s.



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16. Jasco’s importing, making, using, offering to sell, and/or selling of the

Infringing Bulbs in the United States and in this State have been without

Meridian’s authority or consent.

17. On or about March 15, 2015, counsel for Meridian wrote a letter to

Jasco’s General Counsel, notifying him of Jasco’s above-described infringement and

demanding (a) that Jasco cease and desist its sales of the Infringing Bulbs, and (b)

that it provide information to Meridian regarding its past sales of those bulbs so

that Meridian could calculate its damages from those sales. A true and correct copy

of Meridian’s March 15 letter to Jasco (the “March 15 Letter”) is attached hereto as

Exhibit 2.

18. On or about March 19, 2015, Jasco’s General Counsel responded to the

March 15 Letter, denying the infringement, claiming that its sales pre-dated the

Patent, and refusing to cease its sales of the Infringing Bulbs. A true and correct

copy of Jasco’s March 19 letter to Meridian (the “March 19 Letter”) is attached

hereto as Exhibit 3.

19. On or about April 3, 2015, counsel for Meridian again wrote to

Meridian’s General Counsel requesting that he provide evidence of the alleged pre-

Patent sales referenced in the March 19 Letter. A true and correct copy of

Meridian’s April 3 letter to Jasco (the “April 3 Letter”) is attached hereto as Exhibit

4.

20. To date, neither Meridian nor its counsel has received any such

evidence or any other response to the April 3 Letter.



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21. Jasco’s past and continuing infringement of the Patent is deliberate

and willful.

22. As a result of Jasco’s unlawful infringement of the Patent, Meridian

has suffered and will continue to suffer damage. Meridian is entitled to recover from

Jasco the damages suffered by Meridian as a result of Jasco’s unlawful acts.

23. On information and belief, Jasco intends to continue its unlawful

infringing activity, and Meridian continues to and will continue to suffer irreparable

harm, for which there is no adequate remedy at law, from such unlawful infringing

activities, unless this Court enjoins Jasco from further infringing activities.

PR YER FOR RELIEF

WHEREFORE, Plaintiff, Mary Elle Fashions, Inc., d/b/a Meridian Electric,

prays for the following relief:

A. That Jasco be declared to have infringed, induced others to infringe,

and/or committed acts of contributory infringement with respect to the

claims of the Patent, as alleged above;

B. That Jasco and its officers, agents, servants, employees, and all those

persons acting or attempting to act in active concert or in participation

with them or acting on their behalf be immediately, preliminarily, and

permanently enjoined from further infringement of the Patent;

C. That Jasco be ordered to account for and pay to Meridian all damages

caused to Meridian by reason of Jasco’s infringement of the Patent,

pursuant to 35 U.S.C. §284 or §289;



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D. In the event that Meridian recovers damages under 35 U.S.C §284,

that Jasco be ordered to pay treble damages for willful infringement;

E. That this case be declared exceptional under 35 U.S.C. §285 and that

Meridian be awarded its attorneys’ fees, expenses, and costs incurred

in this action;

F. That Meridian be granted pre-judgment and post-judgment interest on

the damages caused to it by reason of Jasco’s infringement of the

Patent;

G.

That Jasco be ordered to pay all costs associated with this action; and

H. That Meridian be granted such other and further relief as the Court

deems just and proper.

Dated: May 29, 2015 SHER CORWIN WINTERS LLC

By: /s/ David S. Corwin____________David S. Corwin, E.D.Mo. 38360 Vicki L. Little, E.D.Mo. 36012MO190 Carondelet Plaza, Suite 1100St. Louis, MO 63105(314) 721-5200(314) 721-5201 (fax)[email protected] [email protected]

ttorneys for Plaintiff



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Case: 4:15-cv-00855 Doc. #: 1-1 Filed: 05/29/15 Page: 1 of 9 PageID #: 7


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Mary Elle Fashions v. Jasco Prods. - Complaint

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