UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

BANDIT INDUSTRIES, INC., 

a Michigan corporation, 

 Plaintiff, Case No. 14-cvvs. Hon. 

 Mag. 

PETERSON PACIFIC CORP., 

An Oregon corporation, 

 Defendant. 

________________________________________________/ 

MICHAEL J. BARTON (P34509) 

PLUNKETT COONEY 

Attorneys for Plaintiff

38505 Woodward Ave., Suite 2000 

Bloomfield Hills, MI 48304 

(248) 901-4070 

Joseph A. Paparella (P64848) 

Paparella & Associates PC 

Attorneys for Plaintiff

3878 Cascade Rd., SE 

Grand Rapids, MI 49516 

(616) 949-6055

 

_______________________________________________/ 

COMPLAINT and JURY DEMAND 

There is no other pending or resolved civil action arising 

out of the transaction or occurrence alleged in this Complaint. 

/s/ Michael J. Barton (P34509) 

___________________________________________ 

Michael J. Barton (P34509) 

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 NOW COMS Plaintiff, BANDIT INDUSTRIES, INC. (“Bandit”), a 

Michigan corporation, by and through its attorneys, and for its Complaint 

against the Defendant, PETERSON PACIFIC CORP., an Oregon 

corporation, states as follows: 

JURISDICTION AND VENUE 

1. Plaintiff, Bandit Industries, Inc., is a Michigan corporation with 

its principal place of business located in Isabella County, Michigan. 

2. Defendant, Peterson Pacific Corp., is an Oregon corporation, 

with its principal place of business located in Eugene, Oregon. 

3. This is a Complaint for patent infringement pursuant to 35 

U.S.C. §271 et. seq. The court has subject matter jurisdiction over 

Plaintiff’s claims pursuant to 28 U.S.C. §§1331 and 1338. This court has 

personal jurisdiction over Defendant and venue is proper under 28 U.S.C. 

§1391(b) and (c) for the reason that Defendant has offered for sale and 

sold products accused of infringing the patents throughout the country. 

COUNT I – INFRINGEMENT OF U.S. PATENT NO. 6,036,125

4. Plaintiff realleges paragraphs 1 through 4 above as if fully set 

forth at this point. 

 

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5. U.S. Patent No. 6,036,125 was duly issued on March 14, 2000. 

6. Plaintiff by virtue of an assignment, and in particular, by virtue 

of its merger with Tramor, Inc., the original assignee of the patent, is the 

owner of all rights in the ‘125 patent, including the right to bring suit for 

infringement. 

7. Defendant has infringed and is infringing at least independent 

claims 1 through 11 of ‘125 patent, as well as all dependent claims of that 

patent by making, selling, using or offering to sell the patented inventions. 

8. Defendant has had actual notice of the claims of the ‘125 patent 

and has infringed and continues to infringe that patent. 

9. Defendant’s infringement of the ‘125 patent has been knowing 

and willful. 

10. Plaintiff has suffered damages as a result of Defendant’s 

infringement. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff respectfully requests this Honorable Court to 

enter a judgment in its favor and against Defendant: 

A. declaring that Defendant has infringed U.S. Patent 6,036,125; 

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B. awarding Plaintiff damages, pursuant to 35 U.S.C. §284, 

adequate to compensate Plaintiff for Defendant’s infringing 

activities together with interest and costs; and 

C. awarding Plaintiff such other and further relief as the Court may 

deem just and appropriate including attorney fees pursuant to 

35 U.S.C. §285 and injunctive relief precluding future 

infringement by Defendant, and any other appropriate equitable 

and legal remedies. 

Respectfully submitted, 

PLUNKETT COONEY 

/s/ Michael J. Barton (P34509) 

_______________________________ 

MICHAEL J. BARTON (P34509 

Attorneys for Plaintiff 

38505 Woodward Avenue, Suite 2000 

Bloomfield Hills, Michigan 48304 

(248) 901-4070 

- and – 

Joseph A. Paparella (P64848) 

Paparella & Associates PC 

Attorneys for Plaintiff 

3878 Cascade Rd., SE 

Grand Rapids, MI 49516 

(616) 949-6055 

Dated: October 10, 2014 

 

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DEMAND FOR JURY TRIAL 

NOW COMES the Plaintiff, by and through its attorneys, Plunkett 

Cooney, and hereby demands a trial by jury in the above-entitled matter of 

all claims so triable. 

Respectfully submitted, 

PLUNKETT COONEY 

/s/ Michael J. Barton (P34509) 

___________________________ 

MICHAEL J. BARTON (P34509 

Attorneys for Plaintiff 

38505 Woodward Avenue, Suite 2000 

Bloomfield Hills, Michigan 48304 

(248) 901-4070 

- and – 

Joseph A. Paparella (P64848) 

Paparella & Associates PC 

Attorneys for Plaintiff 

3878 Cascade Rd., SE 

Grand Rapids, MI 49516 

(616) 949-6055 

Dated: October 10, 2014 

Open.10412.42989.14636812-1 

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