FORT LAUDERDALE – Davie vaporizer companies have filed suit against a North Carolina distributor and its president and parent company over allegations it sells vaporizers that are similar to the plaintiffs.'
Atmos Nation LLC and Atmos Technology LLC filed a complaint on April 13 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division against All Fun Gifts Distribution Inc., doing business as Buck Naked Ecigs, Pulsar Vaporizers, Jayson Reed Magura and John and Jane Does 1-10 and John and Jane Doe corporations 1-10, citing alleged patent infringement, unfair competition, false designation of origin and unjust enrichment.
According to the complaint, the plaintiffs allege that they have suffered and continue to suffer damages and irreparable injuries until the defendants are enjoined from selling the infringing products. The plaintiffs hold the defendants responsible because the defendants allegedly directly infringed their ‘450, ‘094 ‘095 patents regarding vaporizers. The suit claims the defendants distributed, sold and offered for sale to third parties products that infringe the plaintiffs' granted patents.
The plaintiffs request a trial by jury and seek judgment that the granted patents are infringed by defendants, an order preliminarily and permanently enjoining defendant from further acts of infringement, compensation for damages, plus interest, attorney’s fees and costs and such other and further relief as the court may deem just and equitable. They are represented by Divya Khullar of Khullar PA in Tamarac.
U.S. District Court for the Southern District of Florida, Fort Lauderdale Division Case number 0:16-cv-60821