Case 3:15-cv-00174-KRG Document 1 Filed 06/26/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF PENNSYLVANIA
UNITED METAL FABRICATORS, INC.,
Plaintiff,
vs.
MIDMARK CORPORATION
Defendant.

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3:15-cv-174
No. ____________________
CIVIL ACTION

COMPLAINT
AND NOW, comes the Plaintiff, United Metal Fabricators, Inc., (UMF) by its attorney,
Vincent J. Barbera, Esq., of the law firm of Barbera, Clapper, Beener, Rullo & Melvin, LLP, and
files this Complaint for declaratory judgment against the Defendant, Midmark Corporation,
(Midmark) as follows:
I.

JURISDICTION AND VENUE

1.

Plaintiff, United Metal Fabricators, Inc., is a Pennsylvania corporation, having its

principal place of business at 1316 Eisenhower Boulevard, Johnstown, Pennsylvania 15904.

2.

Defendant, Midmark Corporation, is an Ohio corporation having its principal

place of business at 60 Vista Drive, Versailles, Ohio 45380.

3.

This action is instituted under Title 28, United States Code Section 2201 (28

U.S.C.A. 2201) for declaratory judgment of non-infringement of patent rights.

4.

This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 28 U.S.C. 1338.

5.

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

U.S.C. 1400(a), in that, on information and belief, Midmark does business in this district, has
offered for sale and/or sold products in the Commonwealth of Pennsylvania and within this
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district and in this division. UMFs offices and place of business are within this district and
within this division.
6.

On information and belief this Court has personal jurisdiction over Defendant

Midmark for the reasons stated above.

II.

DECLARATORY JUDGMENT
7.

UMF is, and has been for 59 years, in the business of manufacturing medical

furniture and equipment including but not limited to examination tables. UMF is, and has been
in the business of manufacturing power tables for medical examination procedures for more than
30 years, including UMFs 4000 series exam tables, the latest models of which are the 4000-650
exam table series.
8.

UMF has become aware that Midmark is asserting that UMFs 4000-650 exam

table series is infringing a patent issued to Midmark, U.S. Design Pat. No. 685,099 which was
issued on June 25, 2013 (the 099 patent). In fact, UMF has become aware that Midmark in
March of 2015 filed a lawsuit against another company, UMF Medical International, Inc.,
asserting said infringement. Attached hereto as Exhibit A is a copy of the letter from counsel for
Midmark along with a copy of their filed Complaint against UMF International, Inc.
9.

While UMF was not the subject of the Midmark suit, counsel for UMF, who is

also counsel for UMF Medical International, Inc., responded to Midmarks counsel by pointing
out that Midmark absolutely had no basis for its infringement claim which was vaguely alleged
as a design claim and UMFs counsel provided side by side comparisons of Midmarks patent
drawings as compared to photographs of one of UMFs 4000-650 exam tables demonstrating
thereby the unfounded nature of the threat. Counsel for UMF demanded that Midmark provide
the specifics as to how Midmark believed that the two exam tables shared the same design but
Midmark provided absolutely no substantive response. Attached hereto as Exhibit B is a copy of
letters from counsel for UMF and response by counsel for Midmark.
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10.

The claims for infringement and threats referred to in the above paragraphs

constitute a grave and wrongful interference with the business of UMF.

11.

As described above, an actual controversy exists between Plaintiff and Defendant.

12.

UMFs 4000-650 exam table series do not infringe upon the 099 design patent

issued to Midmark.
13.

The above described claims of patent infringement by Midmark and Midmarks

actions pursuant to these claims are wholly unsubstantiated by facts and therefore upon
information and belief were for the transparent purpose of snuffing out competition against
Midmark which holds the largest market share of the medical exam table marketplace.
WHEREFORE, UMF respectfully requests this Honorable Court to enter a decree
declaring:
(1) that UMF may manufacture and sell the UMF 4000-650 exam table series free and
clear of any rights that Midmark may have arising out of the 099 patent.
(2) That an injunction pending this litigation and thereafter permanent be issued by this
Court restraining Midmark, its officers, agents and attorneys from issuing statements by
advertising, letter, press release, orally or otherwise to the trade or to the public charging UMF
with infringement and further restraining Midmark from otherwise attempting to interfere with or
to damage the business of UMF and its customers.
(3) That UMF be awarded judgment for its costs and attorneys fees in this suit and for
such other and further relief as may be agreeable with equity and as the Court may deem just.

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Respectfully submitted,
BARBERA, CLAPPER, BEENER, RULLO
& MELVIN, LLP
Date: _June 26, 2015______

By:__/s/ Vincent J. Barbera_____________

Vincent J. Barbera, Esq.
Court Adm. Cert. No.: 34441
146 West Main Street
P.O. Box 775
Somerset, Pennsylvania 15501-0775
Tel: (814) 443-4681
Attorneys for the Plaintiff

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Isometric View (Back Up)

UMF Medical
Midmark

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Isometric View (Back Down)

Midmark

UMF Medical

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Front and Back Views

Midmark

UMF Medical

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Side Views

Midmark

UMF Medical

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Top View

Midmark

UMF Medical

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Bottom View

Midmark

UMF Medical

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