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Graco Children's Products v. Kids II

Graco Children's Products v. Kids II

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01183-JEC: Graco Children's Products Inc. v. Kids II, Inc. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l7Y6 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01183-JEC: Graco Children's Products Inc. v. Kids II, Inc. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l7Y6 for more info.

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Published by: PriorSmart on Apr 11, 2013
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08/10/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISION
GRACO CHILDREN’SPRODUCTS INC.Plaintiff,v.KIDS II, INC.Defendant.))))) Civil Action No. _______________))) JURY TRIAL DEMANDED))
COMPLAINT
Plaintiff Graco Children’s Products Inc. (“Graco”) hereby files thisComplaint against Defendant Kids II, Inc. (“Kids II”) and avers as follows:
NATURE OF THE ACTION
1.
 
 This is an action for patent infringement under the patent laws of theUnited States, Title 35, United States Code.2.
 
Graco, a leading provider of children’s products, has a tradition of innovation. For example, Graco invented the world’s first wind-up infant swingand the first product that allowed for an infant car seat to be readily inserted into orremoved from a stroller.3.
 
In keeping with that tradition, Graco invented a novel folding childplay pen that supports a bassinet and changing table over the child play area.
 
 
2Graco obtained a patent directed to the numerous inventions in its play pens,including U.S. Patent No. 6,735,796 (the “’796 Patent”).4.
 
Kids II currently offers and has offered a folding child play penproduct under the designation “InGenuity Deluxe Washable Play Yard with DreamCentre” (the “InGenuity playard product”) that supports a bassinet and changingtable. The InGenuity playard product is available at various retailers including, forexample, Babies “R” Us.5.
 
By making, using, offering for sale or selling the InGenuity playardproduct, Kids II is infringing one or more claims of the 796 Patent. Graco seekspreliminary and permanent injunctive relief, and monetary relief. Moreover, giventhe circumstances of such infringement, the present case is exceptional and Gracois entitled to enhanced damages and an award of its attorneys’ fees.
PARTIES
6.
 
Graco is a Delaware corporation with a place of business at 3Glenlake Parkway, Atlanta, Georgia 30328.7.
 
On information and belief, Kids II is a Georgia corporation with aplace of business at 3333 Piedmont Road, Suite 1800, Atlanta, Georgia 30305.
 JURISDICTION AND VENUE
8.
 
 This is an action under the patent laws of the United States, 35 U.S.C.
 
 
3§ 1
et seq.
 9.
 
 This Court has subject matter jurisdiction over this action pursuant to28 U.S.C. §§ 1331 and 1338(a) because this Complaint includes a cause of actionfor patent infringement under the laws of the United States, 35 U.S.C. § 1
et seq
.10.
 
 This Court has personal jurisdiction over Kids II consistent with theprinciples underlying the United States Constitution because, upon information andbelief, Kids II is doing business and has done business in the State of Georgia andin this District, or is otherwise a resident of this jurisdiction.11.
 
Venue is proper in this District pursuant to 28 U.S.C. § 1391.
FACTUAL BACKGROUNDGraco’s Products and Patent Rights
12.
 
Graco invests substantial time and effort in the research anddevelopment of new products. The Graco research and development staff hasdeveloped a wide range of children’s products, including, for example, infantswings, car seats, strollers, play pens, and high chairs. Graco has a tradition of innovation that is reflected in such products.13.
 
Graco, through its research and development staff, invented a novelfolding child play pen that supports a bassinet and changing table over the childplay area.14.
 
Graco has commercialized its foldable child play pen by offering such

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