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Kittrich v. Ralph Friedland & Bros.

Kittrich v. Ralph Friedland & Bros.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-03740-AET: Kittrich Corporation v. Ralph Friedland & Bros., Inc. Filed in U.S. District Court for the District of New Jersey, the Hon. Anne E. Thompson presiding. See http://news.priorsmart.com/-l6gp for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-03740-AET: Kittrich Corporation v. Ralph Friedland & Bros., Inc. Filed in U.S. District Court for the District of New Jersey, the Hon. Anne E. Thompson presiding. See http://news.priorsmart.com/-l6gp for more info.

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Published by: PriorSmart on Jun 20, 2012
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01/05/2014

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Christian E. SamaySNR Denton US LLP101 JFK ParkwayShort Hills, New Jersey 07078(973) 912-7100
 Attorneys for Plaintiff 
 
Kittrich Corporation
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEY
KITTRICH CORPORATIONPlaintiff,v.RALPH FRIEDLAND & BROS., INC.Defendant.Case No. _________________
COMPLAINT FOR PATENTINFRINGEMENT,CERTIFICATION PURSUANTTO LOCAL RULE 11.2 ANDDEMAND FOR JURY TRIAL
COMPLAINT FOR PATENT INFRINGEMENT,INJUNCTIVE RELIEF, AND DAMAGES
For its complaint against Defendant Ralph Friedland and Bros., Inc. d/b/a FriedlandBros. (“Friedland Bros.” or “Defendant”) Plaintiff Kittrich Corporation (“Kittrich” or “Plaintiff”)alleges as follows:
THE PARTIES
1.
 
Plaintiff Kittrich
is a corporation duly organized and existing under the lawsof the State of California. Kittrich is the owner by assignment of all rights and interests inU.S. Patent No. 5,874,371 (“the ‘371 Patent”) for “Removable, Non-Skid, Non-AdhesiveCovering.”
2.
 
Kittrich is a global consumer products company. Throughout the world sincethe 1960s, Kittrich and its predecessors-in-interest have developed, manufactured and sold avariety of consumer products. Kittrich sells removable, non-skid, non-adhesive coverings that
 
 
21495826\V-1
 embody the claims of the ‘371 Patent.
3.
 
Defendant Friedland Bros. is a corporation duly organized and existing underthe laws of the State of New Jersey, with its principal place of business at 17 Industrial DriveKeyport, NJ 07735. Defendant does business in New Jersey and maintains an agent forservice of process in New Jersey in this judicial district.
JURISDICTION AND VENUE
4.
 
This is an action for patent infringement arising under the patent laws of theUnited States, Title 35 of the United States Code. Accordingly, this Court has federalquestion jurisdiction pursuant to 28 U.S.C. §§ 1331 and original jurisdiction under 1338(a).5.
 
Venue is proper under 28 U.S.C. §§ 1391(b), 1391(c) and 1400(a), in thatDefendant resides and is incorporated in New Jersey within this judicial district; Defendanthas committed acts of infringement in this judicial district; and the Court has personal jurisdiction over the Defendants.
 
COUNT I — INFRINGEMENT OF THE ‘371 PATENT BY DEFENDANT
6.
 
Plaintiff restates and incorporates by reference paragraphs 1 through 5 as if fullystated herein.7.
 
Kittrich is the owner by assignment of the entire right, title, and interest in the‘371 Patent entitled “Removable, Non-Skid, Non-Adhesive Covering,” which the UnitedStates Patent and Trademark Office duly granted on February 23, 1999. A true and correctcopy of the ‘371 patent is attached as
Exhibit 1
.
 8.
 
Defendant makes or has made, uses, sells, offers for sale, and/or importssurface liner products, including a non-adhesive and non-slip multiple use liner under a labelbearing the words “Zip Grip Smooth Liner” and identifying Friedland Bros. as the source (the“Zip Grip Product”).
9.
 
Defendant infringes, contributes to the infringement and/or induces theinfringement of the ’371 Patent by making or having made, using, importing, advertising,offering for sale, and/or selling in the United States the Zip Grip Product that embodies or
 
 
21495826\V-1
 practices one or more of the claims of the ‘371 Patent, all without Kittrich’s consent.
As adirect and proximate result of Defendant’s infringement of the ‘371 Patent, Plaintiff issuffering damages and irreparable injury for which it has no adequate remedy at law.10.
 
As a direct and proximate result of Defendant’s infringement of the ‘371patent, Kittrich has been and continues to be damaged in an amount to be proven at trial.
 
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Kittrich prays for judgment against Defendant FriedlandBros. as follows:
(1)
 
for a judicial determination and declaration that Defendant has infringed U.S.Letters Patent No. 5,874,371;
(2)
 
for a judicial determination and decree that Defendant’s infringement of U.S.Letters Patent No. 5,874,371 is and has been willful;
(3)
 
for damages resulting from Defendant’s past and present infringement of U.S.Letters Patent No. 5,874,371 and the trebling of such damages because of thewillful and deliberate nature of Defendant’s infringement;
(4)
 
for a temporary restraining order, preliminary injunction and/or permanentinjunction ordering Defendant, its officers, directors, shareholders, agents,servants, employees and all other entities and individuals acting in concert withthem or on their behalf:1. to refrain from directly or indirectly making or causing to be made, orselling or causing to be sold, or importing, or offering for sale, fulfillingorders for, or using or causing to be used, displaying or causing to bedisplayed at a store, on television or on an internet website, any ZipGrip Products embodying any of the claims of the ’371 patent;2. to refrain from directly or indirectly printing, distributing, posting, ordisplaying on the internet or television, or causing to be printed,distributed or posted, any printed material or computer readable

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