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The Hilsinger Company

The Hilsinger Company

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-10594: The Hilsinger Company. Filed in U.S. District Court for the District of Massachusetts, no judge yet assigned. See http://news.priorsmart.com/-l7P4 for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-10594: The Hilsinger Company. Filed in U.S. District Court for the District of Massachusetts, no judge yet assigned. See http://news.priorsmart.com/-l7P4 for more info.

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Published by: PriorSmart on Mar 13, 2013
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03/13/2013

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IN THE UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTSTHE HILSINGER COMPANY, ::Plaintiff, ::v. : C.A. No.:EYEEGO, LLC, ::Defendant. :
COMPLAINT
The Hilsinger Company
(“
Hilsinger
”), for 
its Complaint for Declaratory Judgment of Non-Infringement and Invalidity against Eyeego, LLC
(“
Eyeego
”),
alleges as follows:
THE PARTIES
1.
 
Plaintiff Hilsinger is a leading provider of protective eyewear, eyewear and eyecare accessories. Hilsinger is a Delaware corporation with its principal place of business at 33West Bacon St., Plainville, MA 02762.2.
 
Upon information and belief, Eyeego is a Washington limited liability companyhaving a place of business at 331 Valley Mall Parkway # 258, East Wenatchee, WA 98802.Upon information
and belief, Eyeego is owned and operated by Nancy Tedeschi (“Tedeschi”),
residing at 445 North Kansas Ave., East Wenatchee, WA 98802.
 JURISDICTION AND VENUE
3.
 
This action arises under the patent laws of the United States, Title 35, UnitedStates Code.4.
 
Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 1338(a).
 
25.
 
This Court has jurisdiction over Eyeego because it has a continuous andsystematic affiliation with the Commonwealth of Massachusetts by virtue of at least its businessrelationships and product distributions in Massachusetts. Eyeego sells its
“Snap
-
It Screws”
lineof products, that it purports are covered by a patent, and conducts other business, in this District.Eyeego sells its products to retailers located in this District, including Wal-Mart and OfficeDepot.
Eyeego’s Snap
-It Screws are available for sale, for example,
at Office Depot’s
Framingham, MA store. Additionally,
Eyeego’s
conduct has caused harm to Hilsinger inMassachusetts not least because Eyeego has, among other things, made stat
ements to Hilsinger’scustomers that Hilsinger’s products infringe Eyeego’s patent.
 6.
 
Eyeego also maintains a fully interactive web site whereby it markets and sellsthrough the Internet its
“Snap
-
It Screws”
line of products directly to customers located in thisDistrict.7.
 
Venue over this action is proper pursuant to the provisions of 28 U.S.C.§§ 1391(b), 1391(c) and 1400.8.
 
Plaintiff herein seeks a declaratory judgment under the provisions of 28 U.S.C.§ 2201.
PATENTS-IN-SUIT
9.
 
Eyeego is the assignee of U.S. Pat
ent No. 8,070,403, entitled “Screw with breakaway and methods of using same” (the “‘403 Patent”).
Tedeschi is listed as the sole
inventor of the ‘403 Patent.
 
 
3
FACTS
10.
 
At least as early as September, 1999, multiple companies sold screws for use inassembling eyeglass frames to temples
(the “prior art screws”). The prior art
screws consist of athreaded portion and a breakaway, non-threaded portion. For years prior to the filing of the
application that matured into the ‘403 Patent, t
he screws were available in different threadlengths. The screws are designed to be operated and have the portions separable by hand.11.
 
The prior art screws were known and/or used by others in this country, and/orpatented or described in a printed publication in this or a foreign country, and/or were in publicuse or on sale in this country, at least as early as 1999.12.
 
On or about August 9, 2008, Tedeschi filed Application No. 12/187,254 in theUnited States Patent and Trademark Office (the
“PTO”).
The application described thepurported invention, in part,
as “a screw having a head and elongated stem, adapted to be easilymanipulated by a user when using the screw as a fastener in a hinge or joint.”
 13.
 
During the two and a half years the application was pending in the PTO, Tedeschinarrowed the scope of the claims in the
‘403 Patent numerous times in response to examiner 
rejections.14.
 
On December 6, 2011, Application No. 12/187,254
matured into the ‘403 Patent.
 15.
 
Upon information and belief, Tedeschi assigned the ‘403 Patent to Eyeego.
 16.
 
The
claims of the ‘403 Patent
contain the limitations of a screw head, an elongatestem with a threaded portion and a non-threaded portion where the threaded portion ispermanently coupled to the head and where the non-threaded portion is releaseably coupled tothe end of the threaded portion.

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