Wednesday, June 17, 2009

Fluke Files Declaratory Judgment Action Against Competitor


Local manufacturer of electronic test tools (among other products in the largely "wired" electronics space reminiscent of last century), Fluke Products, filed suit seeking a declaratory judgment that certain Modular Telephone Plugs do not infringe U.S. Patent No. 5,562,475, allegedly owned by Aines Manufacturing Corp. of Ronkonkoma, NY. Fluke also alleges that the '475 patent is invalid.

As basis for asserting DJ jurisdiction, the complaint asserts that the president of Aines, Joseph Kern, Jr., sent a letter to Fluke in April 2009, threatening infringement and saying that he "will do whatever is necessary to protect the Aines Patent and recover damages." The complaint, filed by Ryan McBrayer at Perkins Coie, is attached below.

FlukeAinesDJComplaint.pdf

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