Case 1:20-cv-01637-RMB-KMW Document 1 Filed 02 / 14 / 20 Page 8 of 10 PageID : 8
26 . Without Cambria ’ s authorization , Defendants have made , used , sold , offered for sale , and / or imported into the United States , including , but not limited to , New Jersey , the Products that infringe the D ’ 332 patent .
27 . An ordinary observer , familiar with the prior art in the field , would perceive the overall appearance of the design of the D ’ 332 patent and the designs of the Products to be substantially the same . Such an ordinary observer would be deceived into believing that the Products are the same as the design claimed in the D ’ 332 patent .
28 . The ordinary observer , informed by the relevant prior art , would be misled by the Products into believing that the Defendants are authorized to distribute products that copy the ornamental design claimed in the D ’ 332 patent . COUNT 1 : DEFENDANT ’ S INFRINGEMENT OF THE D ’ 332 PATENT 29 . Cambria incorporates by reference , as if fully set forth herein , paragraphs 1-
28 of this Complaint . 30 . On February 28 , 2017 , the United States Patent and Trademark Office duly and legally issued the D ’ 332 patent . 31 . The D ’ 332 patent is directed to an “ an ornamental design for a slab ” as shown in the sole figure of the D ’ 332 patent . 32 . Cambria is the owner of the D ’ 332 patent by assignment . 33 . Defendants have made , used , sold , and / or offered for sale within the United States and / or imported into the United States , one or more accused products , including , but not limited to , the Products . The design of the Products , in the eye of the ordinary
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