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Placon Corp. v. Sabert Corp. - Complaint

Placon Corp. v. Sabert Corp. - Complaint

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Published by slburstein
Placon Corp. v. Sabert Corp. - Complaint
Placon Corp. v. Sabert Corp. - Complaint

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Published by: slburstein on Aug 24, 2014
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09/08/2014

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1 IN THE UNITED STATES DISTRICT FOR THE WESTERN DISTRICT OF WISCONSIN PLACON CORPORATION 6096 McKee Road Madison, WI 53719, Plaintiff, v. SABERT CORPORATION 2288 Main Street Extension Sayreville, NJ 08872, Defendant. ) ) ) ) ) ) )
 ) ) ) ) ) ) ) ) )
Civil Action No. 14-cv-587
COMPLAINT FOR DECLARATORY JUDGMENT OF NONINFRINGEMENT AND INVALIDITY
Plaintiff Placon Corporation (“Placon”), for its Complaint against Defendant Sabert Corporation (“Sabert”) alleges as follows:
THE PARTIES
1.
 
Placon is a Wisconsin corporation with a principal place of business at 6096 McKee Road, Fitchburg, Wisconsin, 53719. 2.
 
Upon information and belief, Sabert is a New Jersey corporation with a principal place of  business at 2288 Main Street Extension, Sayreville, New Jersey, 08872.
BACKGROUND
3.
 
This is an action for a declaratory judgment of noninfringement and invalidity of U.S. States Patent No. D527,956 (the ’956 patent), which is attached as Exhibit A to this Complaint. This action therefore arises under 35 U.S.C. §§ 1
et seq.
 and 28 U.S.C. §§ 2201
et seq.
Case: 3:14-cv-00587 Document #: 1 Filed: 08/22/14 Page 1 of 5
 
2 4.
 
Placon is a nationwide leader in the design and manufacture of thermoformed plastic  packaging for the food, retail, and medical device industries. Placon designs, produces and sells a variety of food packaging materials for bakeries, catering companies, convenience stores, the food processing industry, supermarkets, and the food service industry. 5.
 
Placon manufactures, sells, and offers for sale its Fresh ’n Clear™ brand of bowls and lids for storing food products for display and use in supermarkets, delis, quick marts, restaurants, cafeterias, and similar venues. Included among this line of products is a12 ounce bowl, SBS-12, and a lid, SDLS-2. A copy of a brochure depicting the SBS-12 and the SDLS-2 is attached as Exhibit B. 6.
 
Sabert purports to own the ’956 patent. On or about August 15, 2014, Sabert, through its counsel, sent Placon a letter alleging that Placon was infringing the ’956 patent by manufacturing, using, selling, offering for sale and/or importing a food container that matches the description of Placon’s SBS-12 bowl used with a SDLS-2 lid (the “Placon Product”).The letter and attached exhibits received from Sabert’s counsel is attached as Exhibit C. 7.
 
In the letter from Sabert, Sabert demanded that Placon cease and desist with respect to all sales activities of the Placon Product, provide the names and addresses of customers to which Placon had sold the Placon Product, the numbers of units sold, information about inventories of the Placon Product, and information about molds and tools used to manufacture the Placon Product. Sabert also attached a purported complaint for patent infringement and threatened to sue Placon if Placon did not accede to its demands by August 25, 2014. 8.
 
Placon has a reasonable apprehension that Sabert will disrupt Placon’s business by filing suit against Placon for alleged infringement of the ’956 patent and attempting to enjoin Placon’s activities and/or claim it is entitled to monetary damages.
Case: 3:14-cv-00587 Document #: 1 Filed: 08/22/14 Page 2 of 5
 
3
JURISDICTION AND VENUE
9.
 
Placon incorporates all previous allegations by reference. Based on the foregoing, a  present, genuine, actual and justiciable controversy exists under 28 U.S.C. §§ 2201 and 2202 and the patent laws, 35 U.S.C. § 1
et seq.,
 between Placon and Sabert regarding, among other things, Placon’s alleged infringement of the ’956 patent and the validity of the ’956 patent. 10.
 
This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331, 1338, 2201. 11.
 
Upon information and belief, Sabert regularly conducts business throughout the United States and sells products within this judicial district and within this state. Sabert has contracts and/or key sales or distribution relationships throughout the state of Wisconsin, including with DJ Payne, Advance Sales, Joshen Milwaukee, Sysco, Culvers, Reinhart Foods, Roundy’s, Kwik Trip, US Foods, and the University of Wisconsin. Upon further information and belief, Sabert’s sales within the state of Wisconsin amount to at least $10 million annually. Sabert’s business activities in Wisconsin are so continuous and systematic as to essentially render it at home in Wisconsin. This Court has personal jurisdiction over Sabert pursuant to Wis. Stat. § 801.05. 12.
 
Venue in this case is proper pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b).
COUNT I – DECLARATORY JUDGMENT OF NONINFRINGEMENT
13.
 
Placon incorporates all previous allegations by reference. 14.
 
The Placon Product, and any product similar to the Placon Product that is used, manufactured, sold, offered for sale, and/or imported by Placon does not and will not infringe the ’956 patent. 15.
 
Accordingly, Placon is entitled to a declaratory judgment of noninfringement.
Case: 3:14-cv-00587 Document #: 1 Filed: 08/22/14 Page 3 of 5

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