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Eckart v. Silberline Manufacturing

Eckart v. Silberline Manufacturing

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-01061-DSC: Eckart Gmbh v. Silberline Manufacturing Co., Inc. Filed in U.S. District Court for the Western District of Pennsylvania, the Hon. David S. Cercone presiding. See http://news.priorsmart.com/-laQV for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-01061-DSC: Eckart Gmbh v. Silberline Manufacturing Co., Inc. Filed in U.S. District Court for the Western District of Pennsylvania, the Hon. David S. Cercone presiding. See http://news.priorsmart.com/-laQV for more info.

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Published by: PriorSmart on Aug 08, 2014
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09/07/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ECKART GMBH, Plaintiff, v. SILBERLINE MANUFACTURING CO., INC., Defendant. Civil Action No.
JURY TRIAL DEMANDED
 Electronically filed
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff ECKART GmbH (hereafter, “ECKART”), by and through its undersigned counsel, hereby files the following patent infringement complaint against Defendant Silberline Manufacturing Co., Inc. (hereafter, “Silberline”), averring as follows:
THE PARTIES
1.
 
ECKART is a Gesellschaft mit beschränkter Haftung (GmbH) organized and existing under the laws of Germany having a place of business at Güntersthal 4, 91235 Hartenstein, Germany. ECKART’s subsidiary, ECKART America Corporation, operates several locations in the United States, including a location in Louisville, Kentucky and Painesville, Ohio. 2.
 
ECKART traces its formation to 1876, and employs a world-wide work force of approximately 1,800 people. ECKART develops, manufactures and sells metallic effect pigments in powder, paste and pellet forms, metallic concentrates, dispersions and printing inks, as well as  pearlescent pigments. ECKART sells its products world-wide for use with a variety of applications, including paints, coatings, graphic arts, plastics, lightweight concrete and cosmetics. ECKART’s customers are located around the world, including within this District.
 
2 3.
 
ECKART is the owner by assignment of all right, title, and interest in and to United States Patent No. 7,172,812 (hereafter, “‘812 Patent”) entitled, “Effect Pigments Coated with Reactive Orientation Aids.” The named inventors of the ‘812 Patent are Klaus Greiwe and Alfried Kiehl. A true and correct copy of the ’812 Patent, which issued on February 6, 2007, is attached hereto as Exhibit A. 4.
 
Upon information and belief, Silberline is a corporation organized and existing under the laws of the state of Indiana, having a place of business at 130 Lincoln Drive, P.O. Box B, Tamaqua, Pennsylvania 18252. 5.
 
Silberline advertises its products, including the SILBERCOTE® AQ line of  products via its website, www.silberline.com, which is accessible all over the United States, including within this District.
JURISDICTION AND VENUE
6.
 
ECKART brings this action for patent infringement under the patent laws of the United States, Title 35 of the United States Code. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338. 7.
 
Silberline advertises its infringing products in this District. On information and  belief, Silberline also regularly conducts business in this District, and has offered the infringing  products for sale in this District. 8.
 
This Court has personal jurisdiction over Silberline because of Silberline’s activities within this District. 9.
 
Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b) because,
inter alia
, Silberline is subject to personal jurisdiction in this District and harm is being felt in this District as infringing products are being marketed to potential and existing customers of ECKART.
 
 
3
SUMMARY OF THE FACTS
10.
 
The ’812 Patent was duly and legally granted by the United States Patent and Trademark Office on February 6, 2007 and claims,
inter alia
, a surface modified flake-form metal  pigment for use in a paint or lacquer containing a binding agent, comprising an initial flake-form  pigment having on its surface a layer with at least one reactive organic solvent based surface-modifying agent, wherein the surface-modifying agent is a compound having at least two terminal functional groups which are different from each other and which are spaced by a spacer, wherein at least one terminal functional group is chemically bound to the surface of the initial pigment and at least one other terminal functional group is chemically reactive with the binding agent, and wherein the metal pigment is of a particle size between about 1 and about 200 µm, is easily wetted  by a binding agent or solvent of a paint or lacquer, is capable of being oriented in a liquid film of the paint or lacquer and is capable of forming an intimate chemical bond with the binding agent of said paint or lacquer upon baking or hardening of said paint or lacquer. 11.
 
As described in the ’812 Patent, the inventive combination of a flake-form metal  pigment and surface-modifying agent creates a metal pigment that is easily wetted and exhibits markedly improved orientation within the paint or lacquer matrix. The inventive metal pigment also overcomes water diffusion and condensation issues that plagued other effect pigments that existed at the time. Several examples are included near the end of the ’812 Patent to further illustrate the invention. 12.
 
Upon information and belief, Silberline has and continues to make, use, sell, and offer for sale within the United States, and import into the United States, a series of aluminum  pigment products under the name SILBERCOTE® AQ (“Accused Products”). The SILBERCOTE
®
 AQ Star product line includes aluminum flake pigments for use in a paint or

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