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Tristar Products v. Choon's Design

Tristar Products v. Choon's Design

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 2:14-cv-01254-JLL-MAH: Tristar Products, Inc. v. Choon's Design LLC. Filed in U.S. District Court for the District of New Jersey, the Hon. Jose L. Linares presiding. See http://news.priorsmart.com/-l9Zf for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 2:14-cv-01254-JLL-MAH: Tristar Products, Inc. v. Choon's Design LLC. Filed in U.S. District Court for the District of New Jersey, the Hon. Jose L. Linares presiding. See http://news.priorsmart.com/-l9Zf for more info.

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Published by: PriorSmart on Feb 27, 2014
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02/27/2014

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEYTRENTON DIVISION
 Noam J. Kritzer (nkritzer@bakoskritzer.com)Edward P. Bakos (ebakos@bakoskritzer.com)Bakos & Kritzer 147 Columbia TurnpikeFlorham Park, New Jersey 07932Telephone: 908-273-0770Facsimile: 973-520-8260
 Attorneys for Plaintiff:Tristar Products, Inc.
TRISTAR PRODUCTS, INC.(a Pennsylvania corporation)
,Plaintiff,v.
CHOON’S DESIGN LLC(a Michigan limited liability company)
,Defendant.
Civil Action Number:
COMPLAINTJURY TRIAL DEMANDED
 Document Filed Electronically
COMPLAINT FOR DECLARATORY JUDGMENT OF PATENT NONINFRINGEMENT AND DEMAND FOR JURY TRIAL
This is an action brought under the Declaratory Judgment Act by Plaintiff Tristar Products, Inc., a Pennsylvania corporation (hereinafter “Tristar Products”), against Defendant Choon’s Design LLC, a Michigan limited liability company (hereinafter “Choon’s Design” or “Defendant”). Upon actual knowledge with respect to itself and its acts, and upon information and belief as to all other matters, Tristar Products alleges as follows:1
 
THE PARTIES
1.Plaintiff Tristar Products is a Pennsylvania corporation having its corporate headquarters and principal place of business at 492 Route 46 East, Fairfield, New Jersey 07004.2.Upon information and belief, Choon’s Design LLC is a Michigan limited liability company with its principal place of business at 48813 West Road, Wixom, Michigan 48393.
JURISDICTION AND VENUE
3.This is a civil action for declaratory judgment brought under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and arises under the Patent Laws of the United States, Title 35 of the United States Code (35 U.S.C. §§ 100 et seq.). This Court has subject matter jurisdiction over the action pursuant to 28 U.S.C. §§ 1331 and 1338(a), as it involves substantial claims arising under the Patent Laws of the United States together with related claims for patent infringement.4.Upon information and belief, personal jurisdiction is proper in this Court as to Defendant Choon’s Design because Choon’s Design solicits business and conducts business within the State of New Jersey, including but limited to maintaining a website with access in  New Jersey, marketing to customers in the State of New Jersey, and having commercial and residential sales in the State of New Jersey through its website and its authorized retailers. A copy of printouts from the website http://www.rainbowloom.com/products depicting a web- based offer for sale (attached as Exhibit A) demonstrates that Choon’s Design products are marketed to customers within the state of New Jersey. Choon’s Design has further availed itself of this Court, filing a patent infringement action captioned
Choon’s Design LLC v. A.C. Moore  Incorporated 
, Civil Action No. 1:14-cv-00980-RBK-KMW. Therefore, the Court has personal 2
 
 jurisdiction over Choon’s Design pursuant to N.J. Ct. R. 4:4-4, and venue is proper in this  judicial district pursuant to 28 U.S.C. § 1391(b), 28 U.S.C. § 1391(c), and 28 U.S.C. § 1400(b).5.Tristar Products is a resident of this district and is alleged to have committed the allegedly infringing activities at issue within this district.
BACKGROUND
6.Tristar Products is a developer, manufacturer, and marketer of various consumer  products including, but not limited to, home appliances, fitness equipment, health and beauty articles, and hardware.7.Among the products sold by Tristar Products is the “Bandaloom,” “Bandaloom Mini Loom,” and “Bandaloom Hook” (hereinafter the “Accused Products”).8.Upon information and belief, Choon’s Design markets and offers for sale a rubber  band bracelet making kit named the “Rainbow Loom.”9.Upon information and belief, Choon’s Design is the owner of Ng U.S. Patent No. 8,485,565 issued July 16, 2013 and entitled “Brunnian link making device and kit” (hereinafter “the ‘565 Patent”), a true and correct copy of which is attached hereto as Exhibit B.10.The ‘565 Patent claims priority to U.S. Provisional Application No. 61/410,399, filed on November 5, 2010.11.In the first substantive Office Action of the ‘565 Patent, a true and correct copy of which is attached hereto as Exhibit C, the Examiner stated: “Claims 1 and 12 . . . are found to be allowable because the prior art of record neither teaches nor reasonably suggests the recitations found therein, including pins having a top flared portion and opening in the front as well as the method of using the pin bars/base to stretch, capture and pull elastic bands.” (Ex. C, at ¶5).3

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