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OSBE Parket et. al. v. Foam Products

OSBE Parket et. al. v. Foam Products

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: OSBE Parket, B.V. et. al. v. Foam Products Corporation. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l7MY for more info.
Official Complaint for Patent Infringement in Civil Action No. None: OSBE Parket, B.V. et. al. v. Foam Products Corporation. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l7MY for more info.

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Published by: PriorSmart on Mar 08, 2013
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03/09/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONOSBE Parket B. V., a Dutch corporation andSupra Floors, Inc., a Canadian corporation,Plaintiffs,v.Foam Products Corporation, a Georgiacorporation,Defendant.Civil Action No. _________________ JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs OSBE Parket B.V. and Supra Floors, Inc. (collectively referred to as “OSBE”or “Plaintiffs”), for their complaint against Defendant Foam Products, Inc. (“Foam Products”),state as follows:
THE PARTIES
1.
 
OSBE Parket B.V. is a corporation duly organized and existing under the laws of The Netherlands with its principal place of business in Eindhoven, Netherlands. OSBE ParketB.V. designs, among other things, Elastilon which is a self-adhesive installation system for hardwood floors and the like, and distributes these products worldwide.2.
 
OSBE Parket B.V. is the lawful owner by assignment of the entire right, title, andinterest in and to U.S. Patent No. 5,564,251 (“the ‘251 Patent”) issued by the U.S. Patent andTrademark Office on October 15, 1996. The inventor of the ‘251 Patent is Frederik J. Van Bers.The ‘251 Patent is entitled “METHOD OF LAYING A FLOOR,” and a true and correct copy of the ‘251 Patent is attached hereto as Exhibit A.
 
23.
 
Supra Floors, Inc. (“Supra Floors”) is a Canadian corporation with a principal place of business at 35 Woodbine Downs Blvd., Rexdale, Ontario, Canada M9W6N5. SupraFloors promotes, markets, sells, and provides technical support and training for OSBE’sElastilon products, throughout the United States.4.
 
Supra Floors, Inc. is the exclusive licensee from OSBE Parket B.V. under the‘251 Patent for the right to sell, offer to sell, and market OSBE’s Elastilon products at least in theUnited States.5.
 
According to Georgia’s Secretary of State, Foam Products is a Georgiacorporation with a principal place of business at 350 Beamer Road, SW, Calhoun, Georgia30701.6.
 
On information and belief, Jerry G. Arnold is the CEO of Foam Products, with anaddress of 350 Beamer Road, SW, Calhoun, Georgia 30701.7.
 
On information and belief, Mr. Arnold personally participates in the decisionmaking process of Foam Products concerning all aspects of manufacturing, marketing and promoting flooring products and installation services to its customers.
 
JURISDICTION AND VENUE
 
8.
 
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§ 1331 (federal question), 1332 (diversity), and/or 1338 (patents), because it is a civil actionarising under the laws of the United States, namely, 35 U.S.C. § 271.9.
 
This Court has personal jurisdiction over Foam Products pursuant to the IllinoisLong Arm Statute, 735 ILCS 5/2-209(a)(1)-(2) and (c) because, among other things, FoamProducts transacts business in this judicial district, at least by offering to sell, selling and/or advertising floor surfacing products and/or services at least through the Internet in such a way as
 
3to reach customers in Illinois and this district. Personal jurisdiction also exists because, amongother things, Foam Products transacts business directly and/or through third party distributors inthis judicial district by selling or offering to sell products that infringe one or more claims of the‘251 Patent.10.
 
Jurisdiction is also proper, pursuant to 28 U.S.C. § 1332, because the amount incontroversy exceeds $75,000, exclusive of interest and costs, and the dispute is between citizensof different states.11.
 
Venue lies in this district under 28 U.S.C. § 1391.
FOAM PRODUCTS’ PATENT INFRINGEMENT
 
12.
 
Foam Products’ products include at least the following: Silencer SA Self-Adhesive, Silencer LVT; Eco Ultimate Silencer; and Eco Silencer HD FOF.13.
 
Foam Products publishes and provides documents intending that personsincluding the manufacturers, sellers, resellers, distributors, installers and customers engage indirect infringement by their use of at least the following products, Silencer SA Self-Adhesive;Silencer LVT; Eco Ultimate Silencer; and Eco Silencer HD FOF, for floor installations.14.
 
Attached hereto as Exhibit B is a printout of Foam Products’ Web Page datedMarch 7, 2013 that provides how-to-instructions for the installation of the Silencer SA Self-Adhesive product.15.
 
Attached hereto as Exhibit C is a printout of Foam Products’ Web Page datedMarch 7, 2013 that provides how-to-instructions for the installation of the Silencer LVT product.16.
 
Attached hereto as Exhibit D is a printout of Foam Products’ Web Page datedMarch 7, 2013 that provides how-to-instructions for the installation of the Eco Ultimate Silencer  product.

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