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Procter & Gamble Company v. Team Technologies

Procter & Gamble Company v. Team Technologies

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00552-SJD: The Procter & Gamble Company v. Team Technologies, Inc. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Susan J. Dlott presiding. See http://news.priorsmart.com/-l6rn for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00552-SJD: The Procter & Gamble Company v. Team Technologies, Inc. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Susan J. Dlott presiding. See http://news.priorsmart.com/-l6rn for more info.

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Published by: PriorSmart on Jul 20, 2012
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02/01/2013

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UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF OHIOWESTERN DIVISIONTHE PROCTER & GAMBLE COMPANY,Plaintiff,vs.TEAM TECHNOLOGIES, INC.,Defendant.)))))))))) Civil Action No. 1:12-cv-552
COMPLAINTAND JURY DEMAND
Plaintiff, The Procter & Gamble Company (“P&G”), for its claims against TeamTechnologies, Inc. (“Team Tech”), hereby states and alleges the following:
THE PARTIES AND JURISDICTION
 1.
 
P&G is a corporation organized and existing under the laws of the State of Ohiothat maintains its principal place of business at One Procter & Gamble Plaza, Cincinnati, Ohio45201.2.
 
On information and belief, Team Tech is a corporation organized and existingunder the laws of the State of Tennessee that maintains its principal place of business at 5949Commerce Boulevard, Morristown, TN 37814.3.
 
This Court has personal jurisdiction over Team Tech under the Ohio long-armstatute (O.R.C. § 2307.382) because Team Tech contracts to supply and has supplied toothwhitening strips that infringe P&G’s intellectual property in this State and in this District.
 
4.
 
This action arises under the patent laws of the United States, Title 35, UnitedStates Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1338(a) and1331.
 
25.
 
Venue is proper in this Court under 28 U.S.C. §§ 1391(b)(2) and 1400(b).
THE PATENTS
6.
 
On April 6, 1999, United States Letters Patent No. 5,891,453 (“the ’453 patent”)entitled “Delivery System For A Tooth Whitener Using A Strip Of Material Having LowFlexural Stiffness,” was duly and legally issued to P&G as the assignee of the named inventors.Since that date, P&G has been the owner of the ’453 patent. A true and correct copy of the ’453 patent is attached to this Complaint as Exhibit A.7.
 
On April 13, 1999, United States Letters Patent No. 5,894,017 (“the ’017 patent”)entitled “Delivery System For An Oral Care Substance Using A Strip Of Material Having LowFlexural Stiffness,” was duly and legally issued to P&G as the assignee of the named inventors.Since that date, P&G has been the owner of the ’017 patent. A true and correct copy of the ’017 patent is attached to this Complaint as Exhibit B.8.
 
On October 17, 2006, United States Letters Patent No. 7,122,199 (“the ’199 patent”) entitled “Methods For Whitening Teeth,” was duly and legally issued to P&G as theassignee of the named inventors. Since that date, P&G has been the owner of the ’199 patent. Atrue and correct copy of the ’199 patent is attached to this Complaint as Exhibit C.
THE INFRINGING PRODUCTS
9.
 
Team Tech currently manufactures private label tooth whitening products called“Oral Care Whitening Dental Strips.” Team Tech sells this product to Rite Aid Corporation(“Rite Aid”) knowing that Rite Aid sells the product in its stores in this State and in this District.10.
 
On information and belief, Team Tech knows and intends that Rite Aid sells theTeam Tech tooth whitening products in its stores to consumers to use for whitening their teeth.
 
3Photographs of the packaging of the Oral Care Whitening Dental Strips product are attached tothis Complaint as Exhibit D.11.
 
The Oral Care Whitening Dental Strips product includes instructions directingconsumers to use the product to whiten their teeth. A copy of the instructions is attached to theComplaint as Exhibit E.12.
 
Team Tech also currently manufactures a private label tooth whitening productcalled “Ultra Whitening Strips.” Team Tech sells this product to CVS Caremark Corporation(“CVS”) knowing that CVS sells the product in its stores in this State and in this District.13.
 
On information and belief, Team Tech knows and intends that CVS sells theTeam Tech tooth whitening products in its stores to consumers to use for whitening their teeth.Photographs of the packaging of the Ultra Whitening Strips product are attached to thisComplaint as Exhibit F.14.
 
The Ultra Whitening Strips product includes instructions directing consumers touse the product to whiten their teeth. A copy of the instructions is attached to the Complaint asExhibit G.
COUNT I – INFRINGEMENT OF THE ’453 PATENT
15.
 
P&G incorporates by reference the allegations set forth in paragraphs 1 through14 as if fully rewritten herein.16.
 
Team Tech is infringing the ’453 patent by manufacturing, using, offering to selland selling products that infringe the ’453 patent, including the “Oral Care Whitening DentalStrips” and “Ultra Whitening Strips,” without authority or license from P&G.17.
 
On information and belief, Team Tech knows, should know, or is willfully blindto the fact that its infringing products are specially made or adapted for an infringing method.

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