Kittrich v. Global Glory Industrial et. al by patentbl

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									 1   TERESA A. ASCENCIO (CA SBN 217053)
     ANDREA M. KIMBALL (CA SBN 196485) (petition for admission pending)
 2   SNR DENTON US LLP
     4520 Main Street, Suite 1100
 3   Kansas City, MO 64111
     (816) 460-2400 (phone)
 4   (213) 892-2943 (Los Angeles Office)
     (816) 531-7545 (facsimile)
 5   Teresa.Ascencio@snrdenton.com
     Andrea.Kimball@snrdenton.com
 6
     KAREN C. MARCHIANO (CA SBN 233493)
 7   SNR DENTON US LLP
     1530 Page Mill Road, Suite 200
 8   Palo Alto, CA 94304
     (650)798-0300 (phone)
 9   (650)798-0310 (facsimile)
     Karen.Marchiano@snrdenton.com
10
     Attorneys for Plaintiff
11   Kittrich Corporation, a California Corporation

12                                     UNITED STATES DISTRICT COURT

13                                     EASTERN DISTRICT OF CALIFORNIA

14   KITTRICH CORPORATION, a California                      No.
     Corporation,
15                                                           PLAINTIFF KITTRICH
                         Plaintiff,                          CORPORATION’S COMPLAINT FOR
16                                                           PATENT INFRINGEMENT,
                vs.                                          INJUNCTIVE RELIEF, AND DAMAGES
17
     GLOBAL GLORY INDUSTRIAL LIMITED,
18   a Hong Kong Corporation; BIG LOTS                       DEMAND FOR JURY TRIAL
     STORES, INC., an Ohio Corporation; and
19   DOES 1-10 inclusive,

20                       Defendants.

21
22              COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND

23                                                 DAMAGES

24
25               For its complaint against Defendants Global Glory Industrial Ltd. (“Global Glory” or

26   “Defendant”) and Big Lots Stores, Inc. (“Big Lots” or “Defendant”) Plaintiff Kittrich

27   Corporation (“Kittrich” or “Plaintiff”) alleges as follows:

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                                                    1
                      COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
     21462698
 1                                         JURISDICTION AND VENUE

 2              1.      This is a civil action arising in part under the laws of the United States relating to

 3   patents (35 U.S.C. §§ 271, 281, 283, 284 and 285). This Court has federal jurisdiction of such

 4   federal question claims pursuant to 28 U.S.C. §§ 1331 and 1338(a).

 5              2.      The acts complained of herein were carried out and had effect within the State of

 6   California and within this district, among other places. Defendant Big Lots sells the infringing

 7   products in this judicial district and Defendants Global Glory and Big Lots purposely deliver the

 8   infringing products into the stream of commerce with the expectation that the infringing products

 9   will be purchased by consumers in this judicial district. Venue is proper under 28 U.S.C.

10   §§ 1391(b), 1391(c) and 1400(a), in that both Defendants reside in this judicial district;

11   Defendants have committed acts of infringement in this judicial district; and the Court has

12   personal jurisdiction over the Defendants.

13                                                  THE PARTIES

14              3.      Plaintiff Kittrich Corporation is a corporation duly organized and existing under the

15   laws of the State of California. Kittrich is the owner by assignment of all rights and interests in

16   U.S. Patent No. 5,874,371 (“the ‘371 Patent”) for “Removable, Non-Skid, Non-Adhesive

17   Covering.”

18              4.      Kittrich is a global consumer products company. Throughout the world since the

19   1960s, Kittrich and its predecessors-in-interest have developed, manufactured and sold a variety of

20   consumer products. Kittrich sells removable, non-skid, non-adhesive coverings that embody the

21   claims of the ‘371 Patent.

22              5.      Defendant Global Glory Industrial, Ltd. is a corporation duly organized and existing

23   under the laws of Hong Kong, with its principal place of business located at Suites 902-3 Ocean

24   Centre, Harbour City, Tsim Sha Tsui, Kowloon, Hong Kong. According to Global Glory’s web

25   site, Global Glory also maintains a “US Liaison Office” in this judicial district located at 1612

26   Vessona Circle, Folsom, California 95632. Defendant Global Glory manufactures fabric and faux

27   suede shelf and drawer liners which it markets and sells under the name “Affiz.” Upon

28   information and belief, Global Glory has sold the Affiz shelf liners to Big Lots Stores for
                                                   2
                     COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
     21462698
 1   distribution and sale by Big Lots in its retail stores, including in its California stores.

 2              6.      Defendant Big Lots Stores, Inc., is a corporation duly organized and existing under

 3   the laws of the State of Ohio, with its principal place of business at 300 Phillipi Road, Columbus,

 4   Ohio 43228. Defendant does business in California and maintains an agent for service of process

 5   in California in this judicial district. Big Lots owns nationwide retail stores, including a number

 6   of stores in this judicial district, selling consumer goods, including housewares and related

 7   products. Upon information and belief, Big Lots purchases product from Defendant Global Glory,

 8   including the accused products, for sale in Big Lots’ retail stores, including in its California stores

 9   and stores within this judicial district.

10                                              CLAIM FOR RELIEF

11                              INFRINGEMENT OF U.S. PATENT NO. 5,874,371

12              7.      Plaintiff incorporates by reference the allegations set forth in paragraphs 1-6 of this

13   Complaint as though fully set forth herein.

14              8.      Kittrich is the owner by assignment of the entire right, title, and interest in the ‘371

15   Patent entitled “Removable, Non-Skid, Non-Adhesive Covering,” which the United States Patent

16   and Trademark Office duly granted on February 23, 1999. A true and correct copy of the ‘371

17   patent is attached as Exhibit 1.

18              9.      Defendant Global Glory makes and/or sells fabric and faux suede removable, non-

19   skid, non-adhesive shelf and drawer liners, the Affiz Shelf Liners, among other products. Copies

20   of representative Affiz Shelf Liners advertised on Global Glory’s web site are attached as Exhibit

21   2.

22              10.     Global Glory infringes, contributes to the infringement and/or induces the

23   infringement of the ’371 Patent by making, using, advertising, offering for sale, and/or selling in

24   the United States the Affiz Shelf Liners that embody or practice one or more of the claims of the

25   ‘371 Patent, all without Kittrich’s consent.

26              11.     Global Glory has been put on notice of the issuance of the ‘371 patent but has

27   refused to halt its infringing activities and will continue to infringe the ‘371 patent unless enjoined

28   by this Court.
                                                   3
                     COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
     21462698
 1               12.     Big Lots infringes, contributes to the infringement and/or induces the infringement

 2   of the ’371 Patent by using, advertising, offering for sale and/or selling in the United States the

 3   Affiz Shelf Liners that embody or practice one or more of the claims of the ‘371 patent without

 4   Kittrich’s consent, all without the consent of Kittrich.

 5               13.     Big Lots has been put on notice of the issuance of the ‘371 patent but has refused to

 6   halt its infringing activities and will continue to infringe the ‘371 patent unless enjoined by this

 7   Court.

 8               14.     Defendants’ infringement is, has been and continues to be willful and deliberate.

 9               15.     As a direct and proximate result of Defendants’ infringement of the ‘371 patent,

10   Kittrich has been and continues to be damaged in an amount to be proven at trial.

11                                               PRAYER FOR RELIEF

12               WHEREFORE, Plaintiff Kittrich prays for judgment against Defendant Global Glory as

13   follows:

14              (1)      for a judicial determination and declaration that Defendant has infringed U.S. Letters

15                       Patent No. 5,874,371;

16              (2)      for a judicial determination and decree that Defendant’s infringement of U.S.

17                       Letters Patent No. 5,874,371 was willful;

18              (3)      for damages resulting from Defendant’s past and present infringement of U.S.

19                       Letters Patent No. 5,874,371 and the trebling of such damages because of the

20                       willful and deliberate nature of Defendant’s infringement;

21              (4)      for a temporary restraining order, preliminary injunction and permanent injunction

22                       ordering Defendant, its officers, directors, shareholders, agents, servants,

23                       employees and all other entities and individuals acting in concert with them or on

24                       their behalf:

25                       1.      to refrain from directly or indirectly making or causing to be made, or

26                               selling or causing to be sold, or importing, or offering for sale, fulfilling

27                               orders for, or using or causing to be used, displaying or causing to be

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                                                    4
                      COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
     21462698
 1                              displayed at a store, on television or on an internet website, any Affiz Shelf

 2                              Liners embodying any of the claims of the ’371 patent;

 3                         2.   to refrain from directly or indirectly printing, distributing, posting, or

 4                              displaying on the internet or television, or causing to be printed, distributed

 5                              or posted, any printed material or computer readable material, including,

 6                              without limitation, advertisements, marketing materials or packaging for

 7                              any Affiz Shelf Liners embodying the claims of the ‘371 patent; and

 8                         3.   to seek return from its customers of all Affiz Shelf Liners embodying any of

 9                              the claims of the ‘371 patent, and for destruction of the infringing goods;

10                         4.   to remove from all stores and store shelves and from all internet websites

11                              any Affiz Shelf Liners embodying any of the claims of the ‘371 patent;

12              (5)      for an assessment of prejudgment interest on damages;

13              (6)      for a declaration that this is an exceptional case under 35 U.S.C. Section 285 and

14                       for an award of attorneys’ fees and costs in this action; and for such other and

15                       further relief as the Court deems just and equitable; and

16              (7)      for such other and further relief as the Court deems just and equitable.

17              WHEREFORE, Plaintiff Kittrich prays for judgment against Defendant Big Lots as

18   follows:

19              (1)      for a judicial determination and declaration that Defendant has infringed U.S.

20                       Letters Patent No. 5,874,371;

21              (2)      for a judicial determination and decree that Defendant’s infringement of U.S.

22                       Letters Patent No. 5,874,371 was willful;

23              (3)      for damages resulting from Defendant’s past and present infringement of U.S.

24                       Letters Patent No. 5,874,371 and the trebling of such damages because of the

25                       willful and deliberate nature of Defendant’s infringement;

26              (4)      for a temporary restraining order, preliminary injunction and permanent injunction

27                       ordering Defendant, its officers, directors, shareholders, agents, servants,

28                       employees and all other entities and individuals acting in concert with them or on
                                                    5
                      COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
     21462698
 1                         their behalf:

 2                         1.      to refrain from directly or indirectly making or causing to be made, or

 3                                 selling or causing to be sold, or importing, or offering for sale, fulfilling

 4                                 orders for, or using or causing to be used, displaying or causing to be

 5                                 displayed at a store, on television or on an internet website, any Affiz Shelf

 6                                 Liners embodying any of the claims of the ’371 patent;

 7                         2.      to refrain from directly or indirectly printing, distributing, posting, or

 8                                 displaying on the internet or television, or causing to be printed, distributed

 9                                 or posted, any printed material or computer readable material, including,

10                                 without limitation, advertisements, marketing materials or packaging for

11                                 any Affiz Shelf Liners embodying the claims of the ‘371 patent; and

12                         3.      to seek return from its customers of all Affiz Shelf Liners embodying any of

13                                 the claims of the ‘371 patent, and for destruction of the infringing goods;

14                         4.      to remove from all stores and store shelves and from all internet websites

15                                 any Affiz Shelf Liners embodying any of the claims of the ‘371 patent;

16                (5)      for an assessment of prejudgment interest on damages;

17                (6)      for a declaration that this is an exceptional case under 35 U.S.C. Section 285 and

18                         for an award of attorneys’ fees and costs in this action; and for such other and

19                         further relief as the Court deems just and equitable; and

20                (7)      for such other and further relief as the Court deems just and equitable.

21   ///

22   ///

23   ///

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                                                      6
                        COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
       21462698
 1                                             JURY TRIAL DEMAND

 2              Plaintiff Kittrich Corporation hereby requests a trial by jury for all issues triable to a jury.

 3   Dated: March 17, 2011

 4                                                      SNR DENTON US LLP
                                                        Teresa A. Ascencio
 5                                                      Andrea M. Kimball

 6                                                      By___/s/ Karen C. Marchiano_________
                                                           Karen C. Marchiano
 7                                                         Attorneys for Plaintiff
                                                           KITTRICH CORPORATION,
 8                                                         a California Corporation
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                                                 1
                   COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES
     21462698

								
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