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					                            IN THE UNITED STATES DISTRICT COURT
                                 NORTHERN DISTRICT OF OHIO
                                      EASTERN DIVISION

United States of America ex rel.                         )   CASE NO.: 5:10-CV-383
KAIROS SCIENTIA, INC.,                                   )
3085 Call Road                                           )   JUDGE
Stow, Ohio 44224                                         )
                                                         )   COMPLAINT FOR FALSE PATENT
Relator,                                                 )   MARKING
                                                         )
v.                                                       )   Demand for Jury Trial
                                                         )
ZINSSER COMPANY                                          )
173 Belmont Drive                                        )
Somerset NJ 08875                                        )

Respondent.

        Relator, KAIROS SCIENTIA, INC.(“KAIROS”) for its Complaint against Defendant ZINSSER

COMPANY (“ZINSSER”) alleges as follows:

                                        NATURE OF THE CASE

     1. This is an action for false patent marking under Title 35, Section 292, of the United States Code.

     2. At least in part. it is alleged that ZINSSER marked products (listed below) with expired patent

        numbers and/or advertised them as patented in violation of 35 U.S.C. § 292(a).

     3. KAIROS seeks an award of damages against ZINSSER, one half of which shall be paid to the

        United States pursuant to 35 U.S.C. § 292(b).

                                                THE PARTIES

     4. Relator KAIROS is a corporation existing under the laws of the State of Ohio with its principal

        place of business at 3085 Call Road, Stow, Ohio 44224.



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5. Respondent ZINSSER is a corporation existing under the laws of the State of New Jersey, with a

   principal place of business at 173 Belmont Street, Somerset, New Jersey 08875. ZINSSER

   regularly does business in Ohio including selling products in this judicial district.

                                  JURISDICTION AND VENUE

6. This Court has jurisdiction pursuant to the provisions of 28 U.S.C. § 1331 and 1338(a).

7. Venue is proper under 28 U.S.C. § 1391 and 1400(b).

                                        CAUSE OF ACTION

8. ZINSSER sells and offers for sale a product called the “Paper Tiger.”

9. This item was given United States Patent Number 4,502,223 (“the 223 patent”) issued on March

   5th, 1985. Ex. A.

10. ZINSSER is the assignee of record of the 223 patent.

11. ZINSSER sells and offers for sale a product called “DIF Wall Paper Stripper.”

12. This item was given United States Patent Number 4,067,773 (“the 773 patent) issued January 10th,

   1978. Ex. B.

13. This item was also given United States Patent Number and 4,092,175 (“the 175 patent”) on May

   30th, 1978. Ex. C.

14. ZINSSER is the assignee of record of the 773 and 175 patents.

15. ZINSSER sells and offers for sale a product called “JOMAX.” There are two versions of the

   product, a roof cleaner and a house cleaner.

16. Upon information and belief, although Zinsser touts JOMAX as “patented,” there are no patent

   numbers listed on the product packaging nor does the United States Patent and Trademark Office

   data base indicate any current patent applicable to JOMAX.




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17. The United States Patent and Trademark Office issues a printed recitation of the duration of years

   for every patent.

18. All of the above mentioned patents are expired, yet ZINSSER continues to mark these products

   with expired patent numbers and/or markets them as patented when they are not.

19. ZINSSER knew, or should have known, the expiration dates of the above listed patents.

20. In particular, ZINSSER’s actual knowledge of the expiration date for the 223 patent is evidenced

   by ZINSSER’s Complaint filed in the United States District Court for the Northern District of

   Ohio Case No: 1:03-CV-2052 against Hyde Manufacturing Company.

21. For the reasons set forth herein, ZINSSER cannot have any reasonable belief that the above

   products are currently patented as described by ZINSSER on its packaging.

22. Therefore, ZINSSER has “falsely marked” its products to deceive the public in violation of 35

   U.S.C. § 292.

23. The people of the United States have a legal right to make, market, and sell the above listed

   products that are either not patented or marked with expired patents.

24. The patent markings and patent claims on each product described above have the potential to

   discourage the people of the United States from competing with ZINSSER for the

   commercialization and sale of such products.

25. Through its false markings ZINSSER has attempted to limit market competition.




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                                          PRAYER FOR RELIEF

   WHEREFORE Relator KAIROS prays:

   A. For an injunction against further false markings and claims

   B. For an accounting to determine the civil monetary fine due the United States and the Relator.

   C. For an assessment of costs, attorney’s fees under 35 U.S.C § 285, and such other relief as the

       Court deems just and reasonable.



Respectfully Submitted,

/s/Warner Mendenhall
Warner Mendenhall (0070165)
190 North Union St., Suite 201
Akron, OH 44304
330.535.9160
fax330.762.9743
warnermendenhall@hotmail.com
Attorney for Relator

                                               JURY DEMAND


Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and Rule 38.1 of the Local Rules of this
Court, Plaintiff KAIROS demands a trial by jury.


/s/Warner Mendenhall
Warner Mendenhall (0070165)
190 North Union St., Suite 201
Akron, OH 44304
330.535.9160
fax330.762.9743
warnermendenhall@hotmail.com
Attorney for Relator

Dated 2-21-2010




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DOCUMENT INFO
Description: A patent qui tam action Kairos Scientia, Inc. filed