Genie Industries v. Snorkel International

8/2/2019 Genie Industries v. Snorkel International

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COMPLAINT FOR PATENT INFRINGEMENT

AND DEMAND FOR JURY TRIAL - 1

No.

S AVITTBRUCE& WILLEY LLP

1425 Fourth Avenue, Suite 800

Seattle, Washington 98101-2272

(206) 749-0500

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

GENIE INDUSTRIES, INC., a Washington

corporation,

Plaintiff,

v.

SNORKEL INTERNATIONAL, INC., aDelaware corporation,

Defendant.

NO.

COMPLAINT FOR PATENT

INFRINGEMENT AND DEMAND

FOR JURY TRIAL

Plaintiff Genie Industries, Inc., by and through the undersigned attorneys, hereby brings

this Complaint for patent infringement against Defendant Snorkel International, Inc. and

alleges as follows:

THE PARTIES

1. Genie Industries, Inc. (“Genie” or “Plaintiff”) is a Washington corporation

having its principal place of business at 18340 NE 76th

St., Redmond, WA 98073.

2. On information and belief, Defendant Snorkel International, Inc. (“Snorkel” or

“Defendant”) is a Delaware corporation having its principal place of business at 2009 Roseport

Road, Elwood, KS 66024.

Case 2:12-cv-00409 Document 1 Filed 03/08/12 Page 1 of 12





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JURISDICTION AND VENUE

3. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. This Court has subject matter jurisdiction

over this action under 28 U.S.C. §§ 1331 and 1338(a).

4. Venue is proper in this Federal Court pursuant to 28 U.S.C. §§ 1391(b)-(c) and

1400(b) in that a substantial part of the events giving rise to the claims occurred in this district

and, on information and belief, Snorkel has done business in this district and/or has committed

acts of infringement in this district.

INFRINGEMENT OF U.S. PATENT NO. 5,447,331

5. On September 5, 1995, the United States Patent and Trademark Office

(“USPTO”) duly and legally issued U.S. Patent No. 5,447,331 (“the ’331 Patent”), titled

“Vehicle Axle Oscillation System with Positive Ground Contact.” Genie owns the ’331 Patent

as evidenced by the assignment recorded by the USPTO on March 24, 1995 at reel no. 007407,

frame no. 0506. A true and correct copy of the ’331 Patent is attached as Exhibit A.

6. On July 14, 2011, Genie notified Snorkel of its ’331 Patent and of its potential

relevance to boom lifts marketed by Snorkel.

7. On information and belief, Snorkel has infringed and continues to infringe one

or more claims of the ’331 Patent. Snorkel is liable for infringing the ’331 Patent under U.S.C.

§ 271 by making, selling, offering for sale, importing, and/or actively inducing others to use

model T66JRT telescopic boom lifts and other similarly designed products including, without

limitation, model A62JRT articulated boom lifts.

8. Snorkel has actual knowledge of the ’331 Patent and its infringement is willful.

JURY DEMAND

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully

requests a trial by jury on all issues triable.






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PRAYER FOR RELIEF

In accordance with the foregoing, Plaintiff respectfully requests that this Court enter

judgment in its favor and against Defendant as follows:

a) Declaring that Defendant has infringed the claims of the ’331 Patent;

b) Preliminarily and permanently enjoining and restraining Defendant, its officers,

directors, employees, agents, servants, successors and assigns, and any and all persons acting in

privity or in concert with the Defendant, from further infringement, including contributory

infringement and/or inducing infringement, of the ’331 Patent;

c) Awarding Plaintiff damages, together with prejudgment and post-judgment

interest, in an amount according to proof;

d) Declaring that Defendant’s infringement is willful and deliberate, and awarding

Plaintiff increased damages under 35 U.S.C. § 284;

d) Declaring that this an exceptional case within the meaning of 35 U.S.C. § 285,

and awarding Plaintiff its reasonable attorneys’ fees; and

e) Awarding to Plaintiff such other costs and further relief as this Court may deem

just and proper.

DATED: March 8, 2012.

SAVITT BRUCE & WILLEY LLP

By: /s/ Duncan E. Manville

Duncan E. Manville, WSBA #303041425 Fourth Avenue, Suite 800

Seattle, WA 98101-2272Tel: (206) 749-0500Fax: (206) 749-0500

[email protected]

Attorneys for Plaintiff Genie Industries, Inc.

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///

Of Counsel:

BROOKS KUSHMAN P.C.Frank A. Angileri

Jonathan D. Nikkila

1000 Town Center, Twenty-Second FloorSouthfield, MI 48075

Telephone: (248) 358-4400

Facsimile: (248) 358-3351Email: [email protected]

[email protected]




EXHIBIT A























Genie Industries v. Snorkel International

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