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Speare Tools, Inc.

Speare Tools, Inc.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00324: Speare Tools, Inc. Filed in U.S. District Court for the Eastern District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-l7Rf for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00324: Speare Tools, Inc. Filed in U.S. District Court for the Eastern District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-l7Rf for more info.

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Published by: PriorSmart on Mar 20, 2013
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04/10/2014

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IN THE UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WISCONSINMILWAUKEE DIVISIONSPEARE TOOLS, INC. ))Plaintiff, ))v. )))KLEIN TOOLS, INC. ))Defendant. )
COMPLAINT FOR PATENT INFRINGEMENT
 Plaintiff, Speare Tools, Inc., for its Complaint against Klein Tools, Inc., alleges asfollows:
THE PARTIES
1.
 
Plaintiff Speare Tools, Inc. (“Speare Tools”) is a Wisconsin corporationwith its principal place of business located in Williams Bay, Wisconsin.2.
 
Defendant Klein Tools, Inc. (“Klein”) is a Delaware Corporation with itsprincipal place of business in Chicago, Illinois.
JURISIDCTION AND VENUE
3.
 
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331(federal question), §1332 (a) (diversity of citizenship), and §1338(a) (question related topatents).4.
 
This Court has specific personal jurisdiction over Klein since it has soldand offered to sale the accused infringing products in this District. Moreover, this Court
Case 2:13-cv-00324 Filed 03/20/13 Page 1 of 18 Document 1
 
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has general personal jurisdiction over Klein since it conducts regular and systematicbusiness in this District.5.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §1391 and§1400.
FACTS GIVING RISE TO PATENT INFRINGEMENT
 6.
 
Speare Tools is the owner of United States Patent No. 6,120,220 (“the ‘220Patent”) that covers a tool for cutting holes in drywall and ceiling tiles. A true andcorrect copy of the ‘220 Patent is attached hereto as Exhibit A.7.
 
Speare Tools is owned by William Speare, a resident of Wisconsin. SpeareTools manufactures and distributes a hole cutting tool covered by the ‘220 Patent(“Adjustable Hole Saw”). Speare Tools’ Adjustable Hole Saw is made in Wisconsin, andis sold in retail outlets such as Lowe’s, Home Depot, Menards, and various electricalstores. Since 1998, Speare Tools has sold more than 500,000 Adjustable Hole Saws.8.
 
From 2009 to 2012, Speare Tools manufactured, packaged and shippedmore than 170,000 Adjustable Hole Saws, under private label agreement, to Klein Toolswho resold the tools to Home Depot and other electrical stores under the Klein name. Anillustration of Speare’s Adjustable Hole Saw sold to Klein is attached as Exhibit B.9.
 
In August 2012, Klein stopped purchasing Speare’s Adjustable Hole Saws,and, instead, directed the manufacture of an Adjustable Hole Saw made in China. Since2012, Klein has been purchasing the Chinese-made version. Klein’s Chinese-made toolinfringes the ‘220 Patent under 35 U.S.C. § 271(a). A true and correct illustration of Klein’s infringing product is attached hereto as Exhibit C.
Case 2:13-cv-00324 Filed 03/20/13 Page 2 of 18 Document 1
 
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10.
 
Speare Tools provided notice to Klein of its direct infringement of the ‘220Patent, and despite said notice, Klein has continued to sell its infringing Hole CuttingTools.11.
 
Klein’s infringement of the ‘220 Patent has been willful, as it has beennotified of its infringement of the ‘220 Patent, but continues to infringe the ‘220 Patent.
FACTS GIVING RISE TO TRADE DRESS INFRINGEMENT
 12.
 
Speare Tools restates and realleges the allegations contained in paragraphs1-9 and incorporates them in this paragraph as if fully stated herein.13.
 
The trade dress of Speare’s Adjustable Hole Saw and packaging sold toKlein is illustrated in Exhibit B.14.
 
Klein’s Chinese-made version Adjustable Hole Saw (Exhibit C) infringesthe trade dress of Speare’s Adjustable Hole Saw since it is confusingly similar toSpeare’s tool and causes a likelihood of confusion in the marketplace between Speare’stool and the Klein’s knock-off tool.WHEREFORE, Speare Tools requests a trial by jury on all issues so triable, andthat judgment be entered in its favor and against Klein Tools as follows:(a)
 
Klein infringes U.S. Patent 6,120,220 under 35 U.S.C. §271;(b)
 
Klein’s patent infringement has been willful;(c)
 
Klein infringes Speare’s trade dress;(d)
 
Klein’s trade dress infringement has been willful;(e)
 
Speare Tools be awarded damages pursuant to 35 U.S.C. §284 and 15U.S.C. §1117;(f)
 
Speare Tools be awarded prejudgment interest;
Case 2:13-cv-00324 Filed 03/20/13 Page 3 of 18 Document 1

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