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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RENZETTI, INC. : Civil Action No.

8800 Grissom Parkway :

Titusville, FL 32780 :

Plaintiff, :

:

v. :

:

DYNA-KING, INC. :

70 Industrial Drive :

Cloverdale, CA 95425 :

Defendant :

TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT

Plaintiff, complaining of Defendant, alleges:

COMPLAINT

PLAINTIFF, RENZETTI, INC., brings this civil action for injunctive relief and

damages against DEFENDANT, DYNA-KING, INC. for patent infringement and alleges

as follows:

THE PARTIES

1. PLAINTIFF, RENZETTI, INC., is a Pennsylvania corporation with its principal

place of business at 8800 Grissom Parkway, Titusville, Florida 32780. 

2. DEFENDANT, DYNA-KING is a California corporation with its principal place

of business at 70 Industrial Drive, Cloverdale, California 95425. 

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JURISDICTION AND VENUE

3. Jurisdiction in this Court is based on the Act of June 25, 1948, 62 Stat. 869,

U.S.C., Title 28, Section 1338(a), which provides for jurisdiction in the United States District

Court for any Civil Action relating to patents and further upon 28 U.S.C. Section 1332(a),

there being diversity of citizenship between PLAINTIFF and DEFENDANT and an amount

in controversy in excess of $50,000, exclusive of interests and costs. 

4. Venue in this Court is proper under 28 U.S.C. Sections 1391(b)(2) and

1400(b). 

FACTUAL BACKGROUND

5. PLAINTIFF'S products include, inter alia, fly tying devices which are used for

rotating the shank of a fishhook to permit the attachment of feathers and the like for the

purpose of making artificial flies for fishing.

6. PLAINTIFF is the assignee of the entire right, title and interest of U.S. Patent

Number 5,169,079 (hereinafter the '079 PATENT) which issued on December 8, 1992, for

IN FLY TYING DEVICE AND METHODS. Attached as Exhibit “A” is a copy of the '079

PATENT.

7. The '079 PATENT is directed to a novel device for holding a fishhook or other

similar object while various materials are tied or fastened on the shank of the fishhook as

it is rotated, to make artificial flies, insects and lures.

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PATENT INFRINGEMENT

8. PLAINTIFF incorporates by reference the allegations of paragraphs 1 through

7 of the Complaint as if each had been set forth fully herein.

9. This cause of action arises under 35 U.S.C. Section 271, which provides a

cause of action for infringement of a patent.

10. Upon information and belief, DEFENDANT has made, used and sold fly tying

devices (Exhibit “B”) embodying PLAINTIFF's patented invention and is continuing to

make, use and sell said fly tying devices. Upon information and belief, DEFENDANT is

selling its products throughout the United States and internationally.

11. RENZETTI, INC. has placed the required statutory notice on all fly tying

devices manufactured and sold by it under '079 PATENT. 

12. Upon information and belief, DEFENDANT was aware of PLAINTIFF'S

patent prior to DEFENDANT'S manufacturing and selling of its infringing fly tying devices.

The aforesaid acts of DEFENDANT constitute patent infringement of PLAINTIFF'S '079

PATENT.

13. The aforesaid acts of DEFENDANT as described above have caused

damages to be proven at the trial of this matter and, unless restrained by this Court, will

continue to cause irreparable injury to PLAINTIFF.

14. PLAINTIFF has no adequate remedy at law.

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RELIEF

WHEREFORE, PLAINTIFF prays for relief against the DEFENDANT as follows:

1. For a preliminary and permanent injunction restraining and enjoining the

DEFENDANT, its principals, agents, servants, employees, attorneys, successors and

assigns and all those in privy, concert or participation with DEFENDANT, from doing,

aiding, causing or abetting the following:

(a) infringing U.S. Patent No. 5,169,079;

(b) assisting, aiding or abetting any other person or business entity

in engaging in or performing any activities referred to in paragraph (a).

2. For a finding that the DEFENDANT has infringed U.S. Patent No. 5,169,079

by the acts complained of herein.

3. For an Order requiring DEFENDANT, and all those in privity or concert with

the DEFENDANT who receive actual notice of the Order, to deliver up for destruction all

products, signs, literature, articles and promotional advertising materials of any kind in its

possession or under its control showing the infringing fly tying device.

4. That PLAINTIFF receive such damages, plus interest thereon, as it has

sustained and in consequence of DEFENDANT's infringement of the aforesaid U.S.

Patent.

5. That PLAINTIFF be awarded damages in an amount to be fixed by the Court

in its discretion as just, including punitive damages, as well as all the DEFENDANT's profits

or gains resulting from DEFENDANT's infringement of the aforesaid patent and that such

damages be trebled as provided by 35 U.S.C. Section 284. 

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6. That PLAINTIFF be awarded all costs, disbursements and attorney fees. 

7. That DEFENDANT be directed to file with the Court and serve upon

PLAINTIFF within ten (10) days after entry of the injunction, a report in writing, under oath,

setting forth in detail the manner and form which DEFENDANT has complied with the

injunction.

8. That DEFENDANT be ordered to account for all fly tying devices sold from

December 8, 1992, through the date of the Order and that PLAINTIFF receive from

DEFENDANT the net profit to which PLAINTIFF is entitled with respect to those items.

9. That PLAINTIFF receive such other and further relief as this Court may deem

just and appropriate.

Respectfully submitted,

 

 EUGENE E. RENZ, JR., P.C.

 Eugene E. Renz, Jr. 

Attorney I.D. 13,360

Attorney for Plaintiff

205 North Monroe Street

P.O. Box 2056

Media, PA 19063

Telephone: (610) 565-6090

Facsimile: (610) 566-9790

renzassoc@earthlink.net

F:\idx90-\24186\complaint-patent.001

 

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