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Case 2:13-cv-00139-WCO

Document 1

Filed 06/26/13

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE, DIVISON

INTERNATIONAL BUSINESS

)

CORPORATION, INC.,

)

)

Plaintiff

)

)

v.

)

CVNo.

)

WAL-MART STORES, INC.,

)

AMAZON.COM, and

)

ONWARD MANUFACTURING

)

COMPANY LIMITED,

)

)

Defendants

)

)

Comes

now

COMPLAINT

International

Business

Corporation

(IBC),

through

the

undersigned attorneys, and states for its complaint against Wal-Mart Stores, Inc.

(Wal-Mart),

Amazon.com

(Amazon),

Limited (Onward), as follows:

and

Onward

Manufacturing

Company

PRELIMINARY STATEMENT

1. IBC brings claims against Defendants for Defendants infringement of a

patent owned by IBC in violation of35 U.S.C. § 271. Accordingly, IBC

seeks, among other relief, a permanent injunction to prevent Defendant

from importing, making, using, offering to sell, and selling within the

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United States any products that infringe ffiC's patent under 35 U.S.C §

283 ; damages in the form ofDefendants' profits under 35 U.S.C. § 289;

and, the reasonable attorney's fees and costs incurred in prosecuting this

action, including prejudgment interest.

THE PARTIES

2. Plaintiff IBC

is

a Georgia corporation having a principal place of

business at 5705 Commerce Blvd., Alpharetta, Georgia.

3.

Upon

information

and

belief,

Defendant

Walmart

IS

a

Delaware

corporation, having a principal place of business 702 SW 8th Street

Bentonville, AR 72716-0520 and having a place of business in this

district at 400 Shallowford Road NW, Gainesville, GA 30504

4.

Upon

information

and

belief,

Defendant

Amazon

is

a

Delaware

Corporation, having a principal place of business at 1200 12th Avenue

South, Suite 1200, Seattle, Washington, 98144

5.

Upon

information

and

belief,

Defendant

Onward

is

a

foreign

Corporation, having a principal place of business at 585 Kumpf Drive,

Waterloo, Ontario, Canada N2V 1K3.

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JURISDICTION AND VENUE

6. This action is for patent infringement under the Patent Laws of the

United States of America, 35 U.S.C. §§ 1 et seq ., including 35 U.S.C . §

271(a), (b), (c), and/or (f).

7. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and

1338(a).

8. The Court has personal jurisdiction over the Defendants. Among other

reasons, upon information and belief, Defendants have done business in

this judicial district, has continuous and systematic contacts with this

district,

have

committed

and

continue

to

commit

acts

of

patent

infringement in this judicial district, and have harmed and continue to

harm me in this judicial district by' among other things, selling and

offering to sell infringing articles covered under the above patent.

9. Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400 because, among

other reasons, Defendants are subject to personal jurisdiction and have

committed acts of patent infringement in this judicial district.

10. Joinder of the Defendants is proper under 35 U.S.C. § 299 in as much as

Plaintiffs right to relief is asserted against the Defendants with respect to

or arising out of the same series of transactions or occurrences relating to

the making, using, importing into the United States, offering for sale, or

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selling of the same accused product and questions of fact common to all

defendants will arise in the action.

FACTS COMMON TO ALL COUNTS

11. The allegations of Paragraphs 1 to 10 are incorporated by reference and

re-alleged as if fully set forth herein.

12. IBC is the owner of U.S. Patent No. D648,174 S (the "Patent") a copy of

which is attached as Exhibit A;

13. The Patent is directed to a unique ornamental design for a Barbeque Grill

Rack.

14. Upon information and belief, Walmart has offered to sell, sold or

imported barbeque grill racks that incorporate the invention claimed and

described in the Patent in the United States and in the Northern District

of Georgia including through one or more stores located in Gainesville,

Georgia.

15. Upon information and belief, Amazon has offered to sell, sold or

imported barbeque grill racks that incorporate the invention claimed and

described in the Patent in the United States and in the Northern District

of Georgia.

16. Upon information and belief, the accused barbeque grill racks sold by

Defendants Wal-Mart and Amazon were sold or otherwise supplied to

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them by Defendant Onward in the United States or imported into the

United States by Onward.

17. Defendant Onward offers for sale grill products and accessories under the

Grillpro mark in the United States via its website and the websites of

others.

18. Upon further information and belief, without permission or license from

IBC, Defendants have offered and are offering to sell, have distributed

and are distributing, have sold and are selling, or have imported and are

importing barbeque grill racks that incorporate the invention claimed and

described in the Patent in the United States.

19. Alternatively, upon information and belief, Defendants offer and are

offering to sell, have distributed and are distributing, and have sold or are

selling the Accused Products having applied thereto the patented design,

or a colorable imitation thereof, to customers throughout the United

States, including customers in the Northern District of Georgia, through

Wal-Mart

Stores,

on the

Wal-Mart

website,

through various other websites.

through

Amazon.

and

20. Examples of the Accused Products offered for sale, distributed, and sold

by Defendants in the United States are the "Backyard Grill Chicken Leg

and Wing Rack" sold by Wal-Mart as shown in Exhibit B and the

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"GrillPro 41551

Non-Stick Wing Rack with Chrome Legs" sold on

Amazon.com as shown in Exhibit C.

Count 1- Direct Infringement of US Patent No. D648,174 S

21. The allegations set forth in paragraphs 1 through 19 are incorporated by

reference and re-alleged as if fully set forth herein.

22. On November 11, 2011, US Patent No. D648,174 S for a "Barbeque Grill

Rack" was duly and legally issued. The '174 Patent has been at all times

since the date of issuance, valid and enforceable. A true and correct copy

of the' 174 Patent is

attached as Exhibit A.

23. IBC is the owner by assignment of all right, title and interest in and to the

'174

Patent,

including

infringement thereof.

all

right

to

recover

for

any

and

all

past

24. Upon information and belief, without permission or license from IBC,

each of the Defendants have offered to sell, manufactured or imported,

distributed, or sold the Accused Products to customers in the United

States.

25. The Accused Products incorporate the inventions claimed and described

in the ' 174 Patent.

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26. Defendants

each have

sold,

sells

or exposes

for

Page 7 of 11

sale the Accused

Products as an article of manufacture to which the patented design or

colorable imitation has been applied.

27. By offering to sell, manufacturing or importing, distributing, or selling

the Accused Products in the United States, Defendants are each directly

infringing the claims of the '174 Patent.

28. Upon information and belief, the acts of the Defendants complained of

herein have been committed intentionally and willfully, with knowledge

ofiBC ' s rights in the' 174 Patent.

29. Upon information and belief, Defendants will not cease such tortious acts

unless enjoined by this Court.

30. Defendants' acts of direct infringement have and will continue to damage

IBC, and IBC has no adequate remedy at law.

Count II - Induced Infringement of US Patent No. D648,174S

31. The allegations set forth in paragraphs 1 through 30 are incorporated by

reference and re-alleged as if fully set forth herein.

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32. Upon information and belief, Defendant Onward, with specific intent, has

actively induced others to infringe the' 174 Patent, including WaJ-Mart

and Amazon, and has thus infringed the' 174 Patent under 35 U.S. C. §

271(b).

33. Upon information and belief, the acts of the Defendant Onward

complained of herein have been committed intentionally and willfully,

with knowledge ofiBC's rights in the ' 174 Patent. Upon information and

belief, the acts of the Defendant complained ofherein have been

committed intentionally and willfully, with knowledge ofiBC's rights in

the ' 174 Patent.

34. Upon information and belief, Defendant Onward will not cease such

tortious acts unless enjoined by this Court.

35. Defendant Onward's acts of induced infringement have and will continue

to damage IBC, and IBC has no adequate remedy at law.

DEMAND FOR JURY TRIAL

PlaintiffIBC hereby demands a trial by jury of all issues so triable.

WHEREFORE, IBC prays that judgment on all claims of the Complaint

be entered for IBC and against Defendants;

WHEREFORE, IBC also prays for the following:

(a) that pursuant to 35 U.S .C. § 289, Defendants be ordered to pay to IBC

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all of Defendants' profits arising from Defendant's infringement of the' 174

Patent, the exact extent of which cannot be determined by IBC;

(b) that Defendants, their subsidiaries and all affiliated companies, their

officers, agents, servants, representatives, employees, attorneys, successors,

assigns, heirs be permanently enjoined from:

(1) using, manufacturing, importing, having manufactured by a

third party, selling, or offering to sell the Accused Products or any other

product which infringes the' 174 Patent.

(2) actively inducing any other person to infringe the

Asserted Patent;

(3) performing any further acts

Asserted Patent;

of infringement of any of the

(c) that the Court find this case to be exceptional under 35 U.S.C. § 285

and award IBC its reasonable attorney's fees for having to bring this

action to preserve its rights in the Asserted Patent and enjoin

Defendants'

willful infringement of the Asserted Patent;

(d) that IBC be awarded its costs associated with bringing this action to

preserve its rights in the Asserted Patent;

(e) that IBC be awarded prejudgment interest; and

(f) that IBC be granted such other and further relief as this Court may

9

Case 2:13-cv-00139-WCO

deem just and proper.

Dated: June 26, 2013.

Document 1

Filed 06/26/13

Page 10 of 11

June 26, 2013. Document 1 Filed 06/26/13 Page 10 of 11 Robert J. Veal Georgia Bar

Robert J. Veal Georgia Bar No. 141695 rjveal@veal-ip.com Veal Intellectual Propety, LLC 11555 Medlock Bridge Road Suite 100 Johns Creek, GA 30097 Tel: (678) 653-4758 Fax: (678) 597-1101

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Filed 06/26/13

Page 11 of 11

CERTIFICATE OF COUNSEL

Pursuant to Local Rule 5.1, counsel for Plaintiff certifies that the font and

point size, Times New Roman 14 point, used in this document, comply with Local

Rule 5.1.

Veal Intellectual Property, LLC

/s/ Robert J. Veal

Robert J. Veal

Veal Intellectual Property, LLC 11555 Medlock Bridge Road Suite 100 Johns Creek, GA 30097 Tel: (678) 653-4758 Fax: (678) 597-1101 rjveal@veal-ip.com

11

Case 2:13-cv-00139-WCO

JS44 (Rev. 1/13 NDGA)

CIVIL COVER SHEET

Document 1-1

Filed 06/26/13

Page 1 of 2

The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S)

 

DEFENDANT(S)

 

International Business Corportation

 

Onward Manufacturing Company, Limited, Wal-Mart Stores, Inc., and Amazon.com, Inc.

(b) COUNTY OF RESIDENCE OF FIRST LISTED

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT

 
 

PLAINTIFF

Forsyth

Forsyth

 

(EXCEPT IN U.S. PLAINTIFF CASES)

   

(IN U.S. PLAINTIFF CASES ONLY)

 

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND

ATTORNEYS (IF KNOWN)

 
 

E-MAIL ADDRESS)

 

Robert J. Veal Veal Intellectual Property, LLC 11555 Medlock Bridge Road, Suite 100 Johns Creek, GA 30097

   

2:13-cv-139-WCO

678-697-4758

   

rjveal@veal-ip.com

 

II.

BASIS OF JURISDICTION

 

III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX ONLY)

 

(PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) (FOR DIVERSITY CASES ONLY)

 

PLF

DEF

PLF

DEF

1

PLAINTIFF

3 FEDERAL QUESTION (U.S. GOVERNMENT NOT A PARTY)

1
1

CITIZEN OF THIS STATE4

4
4

INCORPORATED OR PRINCIPAL PLACE OF BUSINESS IN THIS STATE4

4

2

2 4 DIVERSITY 2 3 CITIZEN OF ANOTHER STATE CITIZEN OR SUBJECT OF A FOREIGN COUNTRY

4 DIVERSITY

2
2
3
3

CITIZEN OF ANOTHER STATECITIZEN OR SUBJECT OF A FOREIGN COUNTRY 6

CITIZEN OR SUBJECT OF A FOREIGN COUNTRYCITIZEN OF ANOTHER STATE 6

CITIZEN OF ANOTHER STATE CITIZEN OR SUBJECT OF A FOREIGN COUNTRY 6
6
6

5

INCORPORATED AND PRINCIPAL PLACE OF BUSINESS IN ANOTHER STATE5 5

5

 

DEFENDANT

(INDICATE CITIZENSHIP OF PARTIES IN ITEM III)

 
6
6

FOREIGN NATION

U.S. GOVERNMENTOF PARTIES IN ITEM III)   6 FOREIGN NATION U.S. GOVERNMENT IV. ORIGIN (PLACE AN “X

U.S. GOVERNMENTITEM III)   6 FOREIGN NATION U.S. GOVERNMENT IV. ORIGIN (PLACE AN “X “IN ONE BOX

IV. ORIGIN

(PLACE AN “X “IN ONE BOX ONLY)

■ 1
1
 
2
2
 
  2       TRANSFERRED FROM     APPEAL TO DISTRICT JUDGE
 
  2       TRANSFERRED FROM     APPEAL TO DISTRICT JUDGE
 
  2       TRANSFERRED FROM     APPEAL TO DISTRICT JUDGE

TRANSFERRED FROM

  2       TRANSFERRED FROM     APPEAL TO DISTRICT JUDGE
 
  2       TRANSFERRED FROM     APPEAL TO DISTRICT JUDGE
 

APPEAL TO DISTRICT JUDGE

ORIGINAL

REMOVED FROM

3 REMANDED FROM

4 REINSTATED OR

5 ANOTHER DISTRICT

6 MULTIDISTRICT

7

FROM MAGISTRATE JUDGE

PROCEEDING

STATE COURT

APPELLATE COURT

REOPENED

(Specify District)

LITIGATION

JUDGMENT

V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Patent Infringement Under 35 USC 271, Infringement of a Design Patent

(IF COMPLEX, CHECK REASON BELOW)

Unusually large number of parties.of a Design Patent (IF COMPLEX, CHECK REASON BELOW) 1. Unusually large number of claims or

1.

Unusually large number of claims or defenses.CHECK REASON BELOW) Unusually large number of parties. 1. 2. Factual issues are exceptionally complex 3.

2.

Factual issues are exceptionally complexparties. 1. Unusually large number of claims or defenses. 2. 3. Greater than normal volume of

3.

Greater than normal volume of evidence.or defenses. 2. Factual issues are exceptionally complex 3. 4. Extended discovery period is needed. 5.

4.

Extended discovery period is needed.complex 3. Greater than normal volume of evidence. 4. 5. 6. Problems locating or preserving evidence

5.

6. Problems locating or preserving evidence

6. Problems locating or preserving evidence

7. Pending parallel investigations or actions by government.

7. Pending parallel investigations or actions by government.

8. Multiple use of experts.

8. Multiple use of experts.

9. Need for discovery outside United States boundaries.

10. Existence of highly technical issues and proof.

10. Existence of highly technical issues and proof.

CONTINUED ON REVERSE

FOR OFFICE USE ONLY

 

RECEIPT #

 

AMOUNT $

APPLYING IFP

MAG. JUDGE (IFP)

JUDGE

MAG. JUDGE

NATURE OF SUIT

CAUSE OF ACTION

_

(Referral)

VI.

Case 2:13-cv-00139-WCO

NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)

Document 1-1

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CONTRACT - "0" MONTHS DISCOVERY TRACK

RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENTPage 2 of 2 CONTRACT - "0" MONTHS DISCOVERY TRACK RECOVERY OF DEFAULTED STUDENT LOANS (Excl.

RECOVERY OF DEFAULTED STUDENT LOANS (Excl. Veterans) TRACK RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT 150 152 153 RECOVERY OF OVERPAYMENT OF VETERAN'S
RECOVERY OF DEFAULTED STUDENT LOANS (Excl. Veterans)

150

152

153

RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS

CONTRACT - "4" MONTHS DISCOVERY TRACK

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 120 130 140 151 160 190 195 196

110

120

130

140

151

160

190

195

196

INSURANCE

MARINE

MILLER ACT

NEGOTIABLE INSTRUMENT

MEDICARE ACT

STOCKHOLDERS' SUITS OTHER CONTRACT CONTRACT PRODUCT LIABILITY FRANCHISE

REAL PROPERTY - "4" MONTHS DISCOVERY TRACK

FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 220 230 240 245 290 LAND CONDEMNATION

FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 220 230 240 245 290 LAND CONDEMNATION

FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 220 230 240 245 290 LAND CONDEMNATION

FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 220 230 240 245 290 LAND CONDEMNATION

FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 220 230 240 245 290 LAND CONDEMNATION

FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 220 230 240 245 290 LAND CONDEMNATION

210

220

230

240

245

290

LAND CONDEMNATION FORECLOSURE RENT LEASE & EJECTMENT TORTS TO LAND TORT PRODUCT LIABILITY ALL OTHER REAL PROPERTY

TORTS - PERSONAL INJURY - "4" MONTHS DISCOVERY TRACK

TORTS - PERSONAL INJURY - "4" MONTHS DISCOVERY TRACK AIRPLANE PRODUCT LIABILITY ASSAULT, LIBEL & SLANDER

AIRPLANE PRODUCT LIABILITYTORTS - PERSONAL INJURY - "4" MONTHS DISCOVERY TRACK ASSAULT, LIBEL & SLANDER FEDERAL EMPLOYERS'

ASSAULT, LIBEL & SLANDERMONTHS DISCOVERY TRACK AIRPLANE PRODUCT LIABILITY FEDERAL EMPLOYERS' LIABILITY MARINE 310 315 320 330 340

FEDERAL EMPLOYERS' LIABILITYAIRPLANE PRODUCT LIABILITY ASSAULT, LIBEL & SLANDER MARINE 310 315 320 330 340 AIRPLANE MARINE PRODUCT

MARINELIBEL & SLANDER FEDERAL EMPLOYERS' LIABILITY 310 315 320 330 340 AIRPLANE MARINE PRODUCT LIABILITY MOTOR

310

315

320

330

340

AIRPLANE

MARINE PRODUCT LIABILITYEMPLOYERS' LIABILITY MARINE 310 315 320 330 340 AIRPLANE MOTOR VEHICLE PRODUCT LIABILITY OTHER PERSONAL INJURY

MARINE 310 315 320 330 340 AIRPLANE MARINE PRODUCT LIABILITY MOTOR VEHICLE PRODUCT LIABILITY OTHER PERSONAL

MOTOR VEHICLE PRODUCT LIABILITYMARINE 310 315 320 330 340 AIRPLANE MARINE PRODUCT LIABILITY OTHER PERSONAL INJURY PERSONAL INJURY -

OTHER PERSONAL INJURYMARINE PRODUCT LIABILITY MOTOR VEHICLE PRODUCT LIABILITY PERSONAL INJURY - MEDICAL MALPRACTICE PERSONAL INJURY -

PERSONAL INJURY - MEDICAL MALPRACTICEMOTOR VEHICLE PRODUCT LIABILITY OTHER PERSONAL INJURY PERSONAL INJURY - PRODUCT LIABILITY PERSONAL INJURY - HEALTH

PERSONAL INJURY - PRODUCT LIABILITYOTHER PERSONAL INJURY PERSONAL INJURY - MEDICAL MALPRACTICE PERSONAL INJURY - HEALTH CARE/ PHARMACEUTICAL PRODUCT

PERSONAL INJURY - HEALTH CARE/ PHARMACEUTICAL PRODUCT LIABILITY- MEDICAL MALPRACTICE PERSONAL INJURY - PRODUCT LIABILITY ASBESTOS PERSONAL INJURY PRODUCT LIABILITY 345 350 MOTOR

ASBESTOS PERSONAL INJURY PRODUCT LIABILITYINJURY - HEALTH CARE/ PHARMACEUTICAL PRODUCT LIABILITY 345 350 MOTOR VEHICLE 355 360 362 365 367

345

350 MOTOR VEHICLE

355

360

362

365

367

368

TORTS - PERSONAL PROPERTY - "4" MONTHS DISCOVERY TRACK

- PERSONAL PROPERTY - "4" MONTHS DISCOVERY TRACK OTHER PERSONAL PROPERTY DAMAGE PROPERTY DAMAGE PRODUCT

- PERSONAL PROPERTY - "4" MONTHS DISCOVERY TRACK OTHER PERSONAL PROPERTY DAMAGE PROPERTY DAMAGE PRODUCT

OTHER PERSONAL PROPERTY DAMAGE- PERSONAL PROPERTY - "4" MONTHS DISCOVERY TRACK PROPERTY DAMAGE PRODUCT LIABILITY 370 371 OTHER FRAUD

PROPERTY DAMAGE PRODUCT LIABILITYMONTHS DISCOVERY TRACK OTHER PERSONAL PROPERTY DAMAGE 370 371 OTHER FRAUD TRUTH IN LENDING 380 385

370

371

OTHER FRAUD TRUTH IN LENDING

380

385

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK

380 385 BANKRUPTCY - "0" MONTHS DISCOVERY TRACK WITHDRAWAL 28 USC 157 422 APPEAL 28 USC

WITHDRAWAL 28 USC 157380 385 BANKRUPTCY - "0" MONTHS DISCOVERY TRACK 422 APPEAL 28 USC 158 423 CIVIL RIGHTS

422 APPEAL 28 USC 158

423

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

SOCIAL SECURITY - "0" MONTHS DISCOVERY

VOTING441

441

TRACK

EMPLOYMENTHOUSING/ ACCOMMODATIONS WELFARE OTHER CIVIL RIGHTS AMERICANS with DISABILITIES - Employment EDUCATION 442 443 444

HOUSING/ ACCOMMODATIONSEMPLOYMENT WELFARE OTHER CIVIL RIGHTS AMERICANS with DISABILITIES - Employment EDUCATION 442 443 444 440 445

WELFAREEMPLOYMENT HOUSING/ ACCOMMODATIONS OTHER CIVIL RIGHTS AMERICANS with DISABILITIES - Employment EDUCATION 442 443 444 440

OTHER CIVIL RIGHTSEMPLOYMENT HOUSING/ ACCOMMODATIONS WELFARE AMERICANS with DISABILITIES - Employment EDUCATION 442 443 444 440 445 446

AMERICANS with DISABILITIES - Employment EMPLOYMENT HOUSING/ ACCOMMODATIONS WELFARE OTHER CIVIL RIGHTS EDUCATION 442 443 444 440 445 446 448 AMERICANS EMPLOYMENT HOUSING/ ACCOMMODATIONS WELFARE OTHER CIVIL RIGHTS EDUCATION 442 443 444 440 445 446 448 AMERICANS

EDUCATIONOTHER CIVIL RIGHTS AMERICANS with DISABILITIES - Employment 442 443 444 440 445 446 448 AMERICANS

442

443

444

440

445

446

448

AMERICANS with DISABILITIES - Other

HIA (1395ff)BLACK LUNG (923) DIWC (405(g)) DIWW (405(g)) SSID TITLE XVI RSI (405(g)) 861 862 863

BLACK LUNG (923)HIA (1395ff) DIWC (405(g)) DIWW (405(g)) SSID TITLE XVI RSI (405(g)) 861 862 863 863 864

DIWC (405(g))HIA (1395ff) BLACK LUNG (923) DIWW (405(g)) SSID TITLE XVI RSI (405(g)) 861 862 863 863

DIWW (405(g))HIA (1395ff) BLACK LUNG (923) DIWC (405(g)) SSID TITLE XVI RSI (405(g)) 861 862 863 863

SSID TITLE XVIHIA (1395ff) BLACK LUNG (923) DIWC (405(g)) DIWW (405(g)) RSI (405(g)) 861 862 863 863 864

RSI (405(g))HIA (1395ff) BLACK LUNG (923) DIWC (405(g)) DIWW (405(g)) SSID TITLE XVI 861 862 863 863

861

862

863

863

864

865

IMMIGRATION - "0" MONTHS DISCOVERY TRACK

864 865 IMMIGRATION - "0" MONTHS DISCOVERY TRACK 462 465 NATURALIZATION APPLICATION OTHER IMMIGRATION ACTIONS

864 865 IMMIGRATION - "0" MONTHS DISCOVERY TRACK 462 465 NATURALIZATION APPLICATION OTHER IMMIGRATION ACTIONS

462

465

NATURALIZATION APPLICATION OTHER IMMIGRATION ACTIONS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 510 530 535 540 550 555 560 HABEAS

463

510

530

535

540

550

555

560

HABEAS CORPUS- Alien Detainee MOTIONS TO VACATE SENTENCE HABEAS CORPUS HABEAS CORPUS DEATH PENALTY MANDAMUS & OTHER CIVIL RIGHTS - Filed Pro se PRISON CONDITION(S) - Filed Pro se CIVIL DETAINEE: CONDITIONS OF CONFINEMENT

PRISONER PETITIONS - "4" MONTHS DISCOVERY TRACK

PRISONER PETITIONS - "4" MONTHS DISCOVERY TRACK 550 555 CIVIL RIGHTS - Filed by Counsel PRISON

PRISONER PETITIONS - "4" MONTHS DISCOVERY TRACK 550 555 CIVIL RIGHTS - Filed by Counsel PRISON

550

555

CIVIL RIGHTS - Filed by Counsel PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERY

TRACK

DRUG RELATED SEIZURE OF PROPERTY 21 USC 881FORFEITURE/PENALTY - "4" MONTHS DISCOVERY TRACK 625 690 OTHER LABOR - "4" MONTHS DISCOVERY TRACK

DISCOVERY TRACK DRUG RELATED SEIZURE OF PROPERTY 21 USC 881 625 690 OTHER LABOR - "4"

625

690 OTHER

LABOR - "4" MONTHS DISCOVERY TRACK

FAIR LABOR STANDARDS ACT881 625 690 OTHER LABOR - "4" MONTHS DISCOVERY TRACK LABOR/MGMT. RELATIONS RAILWAY LABOR ACT FAMILY

LABOR/MGMT. RELATIONS"4" MONTHS DISCOVERY TRACK FAIR LABOR STANDARDS ACT RAILWAY LABOR ACT FAMILY and MEDICAL LEAVE ACT

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FAMILY and MEDICAL LEAVE ACTLABOR STANDARDS ACT LABOR/MGMT. RELATIONS RAILWAY LABOR ACT OTHER LABOR LITIGATION EMPL. RET. INC. SECURITY ACT

OTHER LABOR LITIGATIONRELATIONS RAILWAY LABOR ACT FAMILY and MEDICAL LEAVE ACT EMPL. RET. INC. SECURITY ACT 710 720

EMPL. RET. INC. SECURITY ACTACT FAMILY and MEDICAL LEAVE ACT OTHER LABOR LITIGATION 710 720 740 751 790 791 FEDERAL

710

720

740

751

790

791

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY TRACK

791 FEDERAL TAX SUITS - "4" MONTHS DISCOVERY TRACK 870 TAXES (U.S. Plaintiff or Defendant) 871

791 FEDERAL TAX SUITS - "4" MONTHS DISCOVERY TRACK 870 TAXES (U.S. Plaintiff or Defendant) 871

870 TAXES (U.S. Plaintiff or Defendant) 871 IRS - THIRD PARTY 26 USC 7609

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USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 400 430 450 460 470 480

USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 400 430 450 460 470 480

USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 400 430 450 460 470 480

USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 400 430 450 460 470 480

USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 400 430 450 460 470 480

USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 400 430 450 460 470 480

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375

400

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891

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FALSE CLAIMS ACT STATE REAPPORTIONMENT BANKS AND BANKING COMMERCE/ICC RATES/ETC. DEPORTATION RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS CONSUMER CREDIT CABLE/SATELLITE TV AGRICULTURAL ACTS ENVIRONMENTAL MATTERS FREEDOM OF INFORMATION ACT CONSTITUTIONALITY OF STATE STATUTES OTHER STATUTORY ACTIONS ADMINISTRATIVE PROCEDURES ACT / REVIEW OR APPEAL OF AGENCY DECISION

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DECISION OTHER STATUTES - "8" MONTHS DISCOVERY TRACK SECURITIES / COMMODITIES / EXCHANGE 410 ANTITRUST 850

SECURITIES / COMMODITIES / EXCHANGEDECISION OTHER STATUTES - "8" MONTHS DISCOVERY TRACK 410 ANTITRUST 850 OTHER STATUTES - “0" MONTHS

410 ANTITRUST

850

OTHER STATUTES - “0" MONTHS DISCOVERY

TRACK

850 OTHER STATUTES - “0" MONTHS DISCOVERY TRACK 896 ARBITRATION (Confirm / Vacate / Order /

896

ARBITRATION (Confirm / Vacate / Order / Modify)

PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK

Modify) PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK 820 840 COPYRIGHTS TRADEMARK PROPERTY RIGHTS - "8"

Modify) PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK 820 840 COPYRIGHTS TRADEMARK PROPERTY RIGHTS - "8"

820

840

COPYRIGHTS

TRADEMARK

PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK

830

PATENT

* PLEASE NOTE DISCOVERY TRACK FOR EACH CASE TYPE. SEE LOCAL RULE 26.3

VII. REQUESTED IN COMPLAINT:

CASE TYPE. SEE LOCAL RULE 26.3 VII. REQUESTED IN COMPLAINT: CHECK IF CLASS ACTION UNDER F.R.Civ.P.

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23

DEMAND $

JURY DEMAND

YES

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CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)

IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX) 1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING

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3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER

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4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME BANKRUPTCY JUDGE.

5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.  

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6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER

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7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.

, WHICH WAS

DISMISSED. This case

INVOLVED IN CASE NO. , WHICH WAS DISMISSED. This case IS IS NOT (check one box)

IS

INVOLVED IN CASE NO. , WHICH WAS DISMISSED. This case IS IS NOT (check one box)

IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

/s/Robert J. Veal

26 June 2013

Case 2:13-cv-00139-WCO

Document 1-2

Filed 06/26/13

Page 1 of 4

EXHIBIT

A

Case 2:13-cv-00139-WCO

Document 1-2

Filed 06/26/13

Page 2 of 4

IIIIII

11111111111111111111111111111111111111111

USOOD648174S

11111111111

c12) United States Design Patent

(IO)

Patent No.:

Lu

(45)

Date of Patent:

us 0648,174 s **

Nov. 8, 2011

(54)

BARBEQUE GRILL RACK

(75)

Inventor:

James Lu, Alpharelta, GA (US)

(73)

Assignee:

International Business Corporation, Alpharetta, GA (US)

(**)

Term:

14 Years

(21)

Appl. No.: 29/373,678

(22)

Filed:

May 10, 2011

(51 )

LOC (9)

07-02

(52)

U.S. Cl

D7/409 ; 07/354

(58)

Field of Classification Search

06/462,

06/513, 566; 07/323, 329- 332, 337,339, 07/346-347,350.1- 350.4, 354-363,391, 07/393,395, 402, 409,538,542, 587,667; 99/324- 325,331- 332,337- 340,369,403-418, 99/425-426,444, 450; 119/161, 166; 126/25 A, 126/41 R , 275 R, 380.1 , 390.1; 206/501 - 505,

206/507- 508; 211141.2, 57.1 , 74, 85.4, 106, 211/181.1; 219/400,405,435-442, 620- 624,

2191725, 730-735; 220/485 , 491 , 573.1- 573.5, 2201759, 912; 248194; 312/266; 422/300; 426/438, 441 , 523

See application file for complete search history.

(56)

References Cited

U.S. PATENT DOCUMENTS

1,514,375

A

1111924

Crimmel

211 174

1,9 47,93 2

A

21 1934

Fante

2 11 /85.4

01 62,925

S

4/195 1 Berkowitz

06/462

2,956,686

A

10/ 1960

Garey

2 11 174

3,131 ,011

A

4/1964

Rittenberry

3 12/266

3,2 14,031

A

10/ 1965

McCauley

21 1/41.2

3,532,225

A

10/ 1970

Reed

2 ll/1 8 l.l

3,858,835 A •

 

1/ 1975

Baren

248/94

3,955,682

A

*

*

5/1976

Baren

211174

4,3 50,2 53

A

9/1 982

Ru steberg

211174

4,572,379 A

*

211986

Wallo

21l157 .1

4,830,197 A

*

5/1989

Wallo

2 11157.1

0314,487 s

*

211991

Bajek et

06 /566

5,433,930 A

*

7/1995 Taschner

422/300

0365

,481

s

1211995

McKeon

06 /5 13

0390,056 s *

*

 

2/1998

Pujals, Jr

06/566

0401

,461

s

I

!11998

Laga

06/566

5,840,261

A

*

1111 998

Monch

422 /300

6,827,006

B I *

1212004

0 ' Amato et al 99/426

7,281,469 Bt *

10/2007

Barbour et

9914 26

7,469,792 Bl *

1212008

Lin

211174

7,520,397 B1 *

 

4/2009

Segale

2 11/ 106

0623,015 s *

9/2010

O' Arnatoe tal

07 /409

7,828, 160

B2 +

ll/20 10

Lin

2 ll/18l.l

2005/0269277 t\1 •

1212005

Su

211174

2007/0205171

A1 *

 

912007

Iwata

2 11/ 181.1

* cited by examiner

Primary Examiner- Riel")' Pharo (74) Attorney, Agent, or Finn -

Rodgers & Rodgers

CLAIM

The ornamental design for a barbeque grill rack, as shown ru1d described.

(57)

DESCRIPTION

g ri II rack s howing

my new design; FlG. 2 is a top plan view thercoJ; FlG. 3 is a front elevational view thereof, the rear being the same in appearance;

FlG. 1 is a perspective view of a barbeque

FlG. 4 is a bottom plan view thereof; and, FlG. 5 is a left-side elevationa1 view thereof, the right side being the same in appearance.

I Claim, 2 Drawing Sheets

5 is a left-side elevationa1 view thereof, the right side being the same in appearance. I

Case 2:13-cv-00139-WCO

U.S. Patent

Nov. 8, 2011

Document 1-2

Sheet 1 of2

Filed 06/26/13

Page 3 of 4

US D648,174 S

2:13-cv-00139-WCO U.S. Patent Nov. 8, 2011 Document 1-2 Sheet 1 of2 Filed 06/26/13 Page 3 of
2:13-cv-00139-WCO U.S. Patent Nov. 8, 2011 Document 1-2 Sheet 1 of2 Filed 06/26/13 Page 3 of

FIG. I

2:13-cv-00139-WCO U.S. Patent Nov. 8, 2011 Document 1-2 Sheet 1 of2 Filed 06/26/13 Page 3 of

FIG.2

Case 2:13-cv-00139-WCO

U.S. Patent

Nov. 8, 2011

Document 1-2

Sheet 2 of2

Filed 06/26/13

Page 4 of 4

US D648,174 S

U.S. Patent Nov. 8, 2011 Document 1-2 Sheet 2 of2 Filed 06/26/13 Page 4 of 4

FIG.3

U.S. Patent Nov. 8, 2011 Document 1-2 Sheet 2 of2 Filed 06/26/13 Page 4 of 4

FIG.5

FICJ.4

U.S. Patent Nov. 8, 2011 Document 1-2 Sheet 2 of2 Filed 06/26/13 Page 4 of 4

Case 2:13-cv-00139-WCO

Document 1-3

Filed 06/26/13

Page 1 of 2

EXHIBIT

B

Backyard Grill Chicken Leg And Wing Rack: Grills & Outdoor Cooking: Walmart.com

Case 2:13-cv-00139-WCO

Document 1-3

Filed 06/26/13

Page 2 of 2

Page 1 of 1

Walmart

S.,

,.,

,-,_

Uo.tbootU

Page 2 of 2 Page 1 of 1 Walmart S., ,., ,-,_ Uo.tbootU Backyard Grill Chicken

Backyard Grill Chicken Leg And Wing Rack

Se the f1rst to wnte a reVIew

Shop at Waimart

I n stores only

Item Descriptior:

a reVIew Shop at Waimart I n stores only Item Descriptior: Limitt!d stock m your local.~~J!'i.~?'!J!I_t;

Limitt!d stock

m your local.~~J!'i.~?'!J!I_t;store.

F111d m another store

Sfl;),

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th.s r:;,;(l'l· ·r 00060197015:,0 t."t ·~

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The Backyard Grill ChiCken Leg And Wing Rack is porcelain-coated for easy dean up.

Backyard Grill Chicken leg And W ing Rac k:

• Por celam ·coated ror easy dean up

• Stamless ste el

~lodel'l T713·1550

Specifications

Walmart i'Jo.·

~lodel'l T713·1550 Specifications Walmart i'Jo.· Top of Page Sponsore d Links (•:1:·••.

Top of Page

T713·1550 Specifications Walmart i'Jo.· Top of Page Sponsore d Links (•:1:·••. ""'')

Sponsore d Links (•:1:·••. ""'')

http://www.walmart.com/ip/Backyard-Grill-Chicken-Leg-And-Wing-Rack/23565887

6113/2013

Case 2:13-cv-00139-WCO

Document 1-4

Filed 06/26/13

Page 1 of 3

EXHIBIT

c

Amazon.com: GrillPro 41551 Non-Stick Wing Rack with Chrome Legs: Patio, Lawn & G

Case 2:13-cv-00139-WCO

Document 1-4

Filed 06/26/13

Page 1 of3

Page 2 of 3

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~ ·-

GriiiPro 41551 Non-Stick Wing Rack with Chrome Legs

by

~

Be the first ro review this 1tem

Pnce: $11.29 & FREE Shipping on orders over $25. Details

Usually ships within 1 to 2 months. Ships from and sold by Amazon.com. Gift-wrap av ailabl e.

• Non-sticl< coated wire wing rack with folding legs

• Best way to roast chicl<en legs and wings on the grill

• No hassle of flipping, turning or stid<ing

• For wings a nd drumsticks

turning or stid<ing • For wings a nd drumsticks o r 5.i.Q.QjQ. to t urn on

or

5.i.Q.QjQ. to t urn on l ·CIIck. ordering.

Rll

lnlO

hi.

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Product Details

Product Dimensions: 1.2 x 5.1 x 13 inches; 1 pounds

Shipping Weight: 2 pounds (View shipping rates and policies)

.>hi pping: This Item Is also available for shipping to select countries outside the U.S.

Amazon.com: GrillPro 41551 Non-Stick Wing Rack with Chrome Legs: Patio, Lawn & G

Case 2:13-cv-00139-WCO

Document 1-4

Filed 06/26/13

Page 2 of3

Page 3 of 3

Origin: USA

ASIN: BOOATQR35U

Item model number: 41551

Average Customer Review: Be the first to review this item

Amazon Best Sellers Rank: # 9,321 in Patio, Lawn & Garden ( See Top 100 .ln Patio, Lawn & Garde_n)

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Product Description

GriiiPro's non-stick wing rack is a convenient non-stick coated wire wing rack with folding legs, the best way to roast chicken legs and wings on the grill without the hassle of flipping turning or sticking. For wings and drumsticks.

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