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
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