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GENERAL SCIENTIFIC
CORPORATION d/b/a SURGITEL, Case No. ______________
v.
Defendant.
alleges as follows:
INTRODUCTION
1. This is an action for patent infringement arising under the Patent Laws
of the United States, 35 U.S.C. § 101 et seq. SurgiTel owns exclusive rights in the
ornamental design claimed in United States Design Patent No. D746,354, entitled
2. Q-Optics has used and continues to use the claimed design of the ’354
Optics makes, uses, offers for sale, sells, and/or imports into the United States.
from further infringing the ’354 Patent, and damages and/or a disgorgement of Q-
THE PARTIES
existing under the laws of the State of Texas with a principal place of business at
United States Code. This Court has subject matter jurisdiction over this action
Optics transacts and solicits business in the State of Michigan, including with respect
to the TTL loupes that infringe the ’354 Patent, and because Q-Optics is committing
and has committed acts of patent infringement in the State of Michigan, at least by
selling and offering to sell TTL loupes that infringe the ’354 Patent in Michigan.
Case 2:19-cv-11181-GAD-RSW ECF No. 1 filed 04/23/19 PageID.3 Page 3 of 8
1400 at least because Q-Optics has committed acts of infringement in this district,
including with respect to TTL loupes that infringe the ’354 Patent, and has a regular
and established place of business in this district through the presence of a sales
FACTUAL ALLEGATIONS
10. SurgiTel has taken steps to protect its innovative designs, including its
TTL loupe designs. In particular, SurgiTel owns various United States design and
utility patents relating to its TTL loupe designs. Relevant to this dispute, SurgiTel
owns all right, title and interest in, and has the right to sue and recover for past,
present, and future infringement of, the ’354 Patent from at least the date the ’354
Optics made, used, offered for sale, sold, and/or imported into the United States TTL
loupes having designs that violate the ’354 Patent (the “Infringing TTL Loupes”).
Case 2:19-cv-11181-GAD-RSW ECF No. 1 filed 04/23/19 PageID.4 Page 4 of 8
The Infringing TTL Loupes include at least products identified by the model names:
Custom TTL Loupes made with the TrueFit™ measurement system, Q Optic Mini
TTL Loupes, as well as Q-Optics’ TTL loupes bearing the same or substantially
dental sales representative who has sold, and currently sells, TTL loupes from Q-
15. On information and belief, Mr. Matthews has sold products that
compete with SurigiTel’s products, including TTL loupes from Q-Optics that
infringe the ’354 Patent, to the University of Michigan Dental School located in Ann
Arbor, Michigan.
16. On information and belief, the overall appearance of the design of the
’354 Patent and the corresponding designs of Q-Optics’ Infringing TTL Loupes are
overall appearance of the designs of the ’354 Patent and the corresponding designs
1 from the ’354 Patent with an exemplary image of the Infringing TTL Loupes.
20. On information and belief, Q-Optics sells and offers to sell its products,
including the Infringing TTL Loupes, to third-party retailers through its wholesale
distribution channel.
21. Q-Optics sells and offers to sell the Infringing TTL Loupes in the
infringe the ’354 Patent within the meaning of 35 U.S.C. § 271 at least by making,
using, selling, offering to sell, and/or importing the Infringing TTL Loupes into the
24. Q-Optics, without authorization from SurgiTel, has made, used, offered
for sale, sold, and/or imported in or into the United States, and continues to make,
use, offer for sale, sell, and/or import in or into the United States, TTL loupes having
following relief:
caused by Q-Optics’ infringement of the ’354 Patent (but in no event less than a
reasonable royalty) pursuant to 35 U.S.C. § 284, or the total profit made by Q-Optics
damages or profits for any continuing post-verdict infringement up until entry of the
284;
U.S.C. § 285;
this action;
10. Such further and additional relief as this Court deems just and proper.
HONIGMAN LLP
Of Counsel:
BELZER PC
John G. Posa (P49445)
2905 Bull Street
Savannah, GA 31405
(912) 236.3001
jposa@belzerlaw.com