-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
1/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 1 of 19
Page ID #:4
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
2/19
2
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Defendants reside in this judicial district by virtue of their
business activities in this distric
and have committed acts of infringement or of contributory
infringement and inducement
of infringement within this judicial district.
THE PARTIES
3. Mr. Bennett is an individual, owner of U.S. Patent No.
5,599,000 (the 000Patent) and is a resident of Santa Clarita, Los
Angeles County, California.
4. On information and belief, Defendant Safe-T-Proof Disaster
PreparedenssCompany Inc. (Safe-T-Proof) is a California corporation
with its principal place of
business at 6805 Nancy Ridge Drive, San Diego, CA 92121.
Safe-T-Proof has appointed
Michael L Essrig as its agent for service of process.
5. On information and belief, Defendant Essrig Taylor
Construction, Inc.(Essrig) is a California corporation with its
principal place of business at 6650 Lusk
Blvd., Ste. B205, San Diego, CA 92121. Essrig has appointed
Michael L Essrig as its
agent for service of process.
FACTUAL BACKGROUND
6. On February 4, 1997, the United States Patent and Trademark
Office duly anlegally issued the 000 Patent, for an invention
entitled Article Securing Device with M
Bennett named as sole inventor. A true and correct copy of the
000 Patent is attached as
Exhibit A and incorporated here by reference.
7. The 000 Patent is currently in full force and effect.8. All
rights, title, and interest in the 000 Patent are owned by Mr.
Bennett.
FIRST CLAIM FOR RELIEF AGAINST DEFENDANTS FOR
IFNRINGEMENT OF U.S. PATENT NO. 5,599,000
9. Plaintiff incorporates and re-alleges Paragraphs 1-8 of the
Complaint asthough fully set forth here.
10. On information and belief, Defendants have been and continue
to infringe,both literally and/or under the doctrine of
equivalents, the 000 Patent by making, using,
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 2 of 19
Page ID #:5
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
3/19
3
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
importing, selling, and/or offering to sell in the United
States, including this district,
products covered by the 000 Patent. Examples of such products
include, but are not
limited to, the Safe-T-Proof Earthquake Fastening System and
Equipment Fasteners, that
infringe at least claim 1 of the 000 Patent.
11. On information and belief, Defendants contribute to and
induce others, suchas Defendants customers, to infringe, both
literally and/or under the doctrine of
equivalents, by their making, using, importing, selling, and/or
offering to sell in the Unite
States, including this district, products covered by the 000
Patent. Examples of such
products include, but are not limited to, the Safe-T-Proof
Earthquake Fastening System an
Equipment Fasteners, that infringe at least claim 1 of the 000
Patent. These Fasteners are
especially made and/or especially adapted for use in infringing
the 000 patent and are no
staple article or commodity of commerce suitable for substantial
noninfringing use.
12. Defendants are liable for infringement of the 000 Patent
pursuant to 35U.S.C. 271.
13. Upon information and belief, Defendants have had knowledge
of the 000Patent from at least May 31, 2001, and have had knowledge
of their infringement of the
000 Patent, yet continued to infringe. Defendants willfully and
deliberately infringed the
000 Patent entitling Mr. Bennett to increased damages under 35
U.S.C. 284, and to
attorneys fees and costs incurred in prosecuting this action
under 35 U.S.C. 285.
14. Mr. Bennett has been damaged by the infringement and/or
inducement ofand/or contributory infringement of its patent by
Defendants and will continue to be
damaged by such infringement or inducement of and/or
contributory infringement unless
enjoined by the Court.
15. Unless a preliminary and permanent injunction are issued
enjoiningDefendants and their officers, agents, servants and
employees, and all others acting on the
behalves or in concert with Defendants, from infringing the 000
Patent, Mr. Bennett will
be greatly and irreparably harmed.
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 3 of 19
Page ID #:6
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
4/19
4
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PRAYER FOR RELIEF
WHEREFORE, Mr. Bennett prays for judgment against Defendants as
follows:
1. For a judicial determination and declaration that Defendants
have directlyinfringed, and continues to directly infringe, the 000
Patent;
2. For a judicial determination and declaration that Defendants
have induced, ancontinues to induce, infringement of the 000
Patent;
3. For a judicial determination and declaration that Defendants
havecontributorily infringed, and continues to contributorily
infringe, the 000 Patent;
4. For preliminary and permanent injunctions prohibiting
Defendants, theirrespective subsidiaries, officers, agents,
servants, employees, licensees, and all other
persons or entities acting or attempting to act in active
concert or participation with them
acting on their behalf, from infringing the 000 Patent;
5. For an order that Defendants pay to Mr. Bennett all damages
arising out ofDefendants infringement, or inducement of, and/or
contributory infringement in
accordance with 35 U.S.C. Section 284, together with
pre-judgment and post-judgment
interest;
6. For a judicial determination that this case is exceptional
under 35 U.S.C.Section 285 and that Defendants be ordered to pay
Mr. Bennetts costs, expenses, and
reasonable attorneys fees under 35 U.S.C. Sections 285 or as
otherwise permitted by law
7. For an award of damages according to proof; and8. For such
other relief as justice requires.
Dated: March 21, 2012 ONE LLP
John E. Lord Esq.
Attorneys for Plaintiff Terry Bennett
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 4 of 19
Page ID #:7
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
5/19
5
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DEMAND FOR JURY TRIAL
Plaintiff, Mr. Bennett hereby demands trial by jury in this
action.
Dated: March 21, 2012 ONE LLP
John E. Lord, Esq.
Attorneys for Plaintiff Terry Bennett
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 5 of 19
Page ID #:8
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
6/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 6 of 19
Page ID #:9
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
7/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 7 of 19
Page ID #:10
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
8/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 8 of 19
Page ID #:11
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
9/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 9 of 19
Page ID #:12
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
10/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 10 of
19 Page ID #:13
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
11/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 11 of
19 Page ID #:14
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
12/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 12 of
19 Page ID #:15
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
13/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 13 of
19 Page ID #:16
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
14/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 14 of
19 Page ID #:17
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
15/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 15 of
19 Page ID #:18
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
16/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 16 of
19 Page ID #:19
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
17/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 17 of
19 Page ID #:20
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
18/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 18 of
19 Page ID #:21
-
8/2/2019 Terry Bennett v. Safe-T-Proof Disaster Preparedness et.
al.
19/19
Case 2:12-cv-02443-MMM-SH Document 1 Filed 03/21/12 Page 19 of
19 Page ID #:22
