False Marking complaint with a Personal Injury Twist

On April 27, 2010, an individual from Texas filed a complaint for False Marking against Koehn Marketing, Inc., a company whose principal place of business is in South Dakota, but markets “unique livestock equipment” via the internet. With the huge number of False Marking cases filed since the Federal Circuit’s Forest Group decision on December 28th of last year, such filings are becoming almost an everyday occurrence.

This particular complaint comes with a twist though. In addition to dual counts of False Marking with a patent that was out of scope AND expired, the plaintiff also accuses Koehn of “personal injuries arising from the use [of] a Sorting Stix manufactured and distributed by Defendant.” Sorting Stix is, apparently, a flexible fiberglass rod used in handling cattle.

From the complaint:

On or about March 26, 2009, Plaintiff was in the process of working with cattle. Specifically, he was attempting to herd a bull from a pasture through a gate. During this process, Plaintiff was utilizing a Sorting Stix product manufactured and distributed by Defendant. While attempting to herd the bull, Plaintiff threw the Sorting Stix at the bull from a distance of approximately fifteen (15) feet. The Sorting Stix rebounded after striking the bull and struck Plaintiff in the face with sufficient force to rupture and collapse his right eye and cause fractures to the facial bones surrounding his right eye. As a result, Plaintiff has lost his entire right eye.

To view this complaint, and all other currently active False Marking case complaints, please see our complimentary charts at Gray On Claims.