Mdpl Complaint 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION

NORTH AMERICAN RESCUE, INCORPORATED

6:09-CV-2637-RBH

Case No: _____________________ Plaintiff, COMPLAINT (Jury Trial)

v. DEMARIUS CORPORATION d/b/a PROGRESSIVE MEDICAL INTERNATIONAL, Defendant.

Plaintiff, North American Rescue, Incorporated (“NAR”), a corporation organized under the laws of Delaware, hereby complains of Demarius Corporation d/b/a Progressive Medical International (“PMI”), a corporation organized under the laws of California as follows: THE PARTIES 1. NAR is a Delaware corporation with an address of 35 Tedwall Ct., Greer, South Carolina 29650, in good standing with the South Carolina Secretary of State and doing business on a regular and systematic basis within the State of South Carolina. 2. Defendant PMI is a California corporation with an address believed to be 2460 Ash Street, Vista, CA 92081, and upon information and belief, doing business on a regular, continuous and systematic basis within the State of South Carolina. JURISDICTION AND VENUE 3. This is an action for patent infringement under the United States Patent Laws, 35 U.S.C. § 271, et. seq.

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4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338. 5. Defendant PMI conducts business in this District and has committed acts of patent infringement in this Judicial District including, inter alia, importing, making, using, offering for sale, and/or selling infringing products and/or services in this Judicial District. 6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391. FACTS COMMON TO ALL CAUSES OF ACTION 7. NAR is the owner of all rights, title, and interest in and to United States Patent No. 7,504,549 (“the ‘549 patent”) entitled “Chest Wound Seal For Preventing Pneumothorax and Including Means For Relieving A Tension Pneumothorax,” a patent which duly and legally issued in the name of Robert Castellani and Robert Miller on March 17, 2009. 8. A true and correct copy of the ‘549 patent is attached to the Complaint as Exhibit A. 9. Upon information and belief, Defendant PMI manufactures, uses, offers for sale, and/or sells medical supplies including the “Individual Trauma Molle Kit,” “SQT Trauma Kit” and the “Halo Seal” as well as other products and/or services. 10. Upon information and belief, Defendant PMI has made, used, offered to sell, and/or sold, and continues to make, use, offer to sell, and/or sell products and/or services within this District, including, without limitation, the “Individual Trauma Molle Kit,” “SQT Trauma Kit” and the “Halo Seal,” that infringe the ‘549 patent.

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FIRST CAUSE OF ACTION Patent Infringement (‘549 Patent) 11. NAR incorporates the previous paragraphs as if realleged herein. 12. Upon information and belief, Defendant PMI has been, and currently is, directly and indirectly infringing the ‘549 patent by making, using, selling, offering for sale, contributing to the use of by others, and/or inducing others to use products and services that infringe the ‘549 patent. 13. Upon information and belief, Defendant PMI’s infringement of the ‘549 patent has been and continues to be willful and deliberate. 14. Upon information and belief, Defendant PMI’s infringement of the ‘549 patent will continue unless enjoined by this Court. 15. As a direct and proximate consequence of Defendant PMI’s infringement of the ‘549 patent, NAR has suffered and will continue to suffer irreparable injury and damages in an amount not yet determined for which NAR is entitled to relief. PRAYER FOR RELIEF Wherefore, NAR requests entry of judgment in its favor and against Defendant PMI as follows: A.

Entry of judgment that Defendant PMI has infringed the ‘549 patent;

B.

Entry of judgment that Defendant PMI induced infringement of the ‘549

C.

Entry of judgment that Defendant PMI has contributed to infringement of

patent;

the ‘549 patent; D.

Entry of a preliminary and permanent injunction restraining and enjoining

Defendant PMI and its respective officers, agents, servants, employees, attorneys, and

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those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise, from any further sales or use of their infringing products and/or services and any other infringement of the ‘549 patent, whether direct or indirect; E.

Damages to compensate NAR for Defendant PMI’s infringement of the

‘549 patent pursuant to 35 U.S.C. § 284; F.

Enhanced damages, pursuant to 35 U.S.C. § 284;

G.

An award of pre-judgment and post-judgment interest and costs to NAR in

accordance with 35 U.S.C. § 284; H.

An award of NAR’s reasonable attorneys’ fees pursuant to 35 U.S.C. §

285; and, I.

A grant to NAR of such other and further relief as the Court may deem

just, proper, and equitable under the circumstances. Respectfully submitted, McNAIR LAW FIRM, P. A. s/Douglas W. Kim Douglas W. Kim (Fed ID #9004) Hunter S. Freeman (Fed ID #9313) Post Office Box 447 Greenville, SC 29602 Telephone: 864-271-4940 Fax: 864-271-4015 Email: [email protected] Attorneys for Plaintiff Date: October 8, 2009

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