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RIMOWA GMBH, Plaintiff, v. Civil Action No. BRIGGS & RILEY TRAVELWARE, LLC, Defendant.
COMPLAINT FOR PATENT INGRINGEMENT AND JURY DEMAND Plaintiff Rimowa GmbH (“Rimowa”), by its attorneys, for its complaint against Defendant Briggs & Riley Travelware, LLC (“Briggs & Riley”) states as follows: INTRODUCTION 1. This is an action in law and equity for patent infringement arising under the
patent laws of the United States of America, Title 35 of the United States Code, including 35 U.S.C. § 271. As is set forth below, Rimowa has been damaged and irrevocably harmed due to Briggs & Riley’s past and continuing infringement of one of Rimowa’s patents (United States Patent No. 5,992,588, titled “Wheeled Suitcase,” a true and correct copy of which is attached as Exhibit A). Rimowa seeks injunctive relief, compensatory and multiple damages, attorneys’ fees, and costs and expenses, including an injunction prohibiting Briggs & Riley from making, using, selling, offering to sell, and importing into the United States its infringing “Torq Collection” line of luggage.
PARTIES 2. Plaintiff Rimowa GmbH (“Rimowa”) is a German corporation with a regular
place of business in Cologne, Germany. At all relevant times, Rimowa has been in the business of manufacturing and distributing luggage, traveling cases and suitcases, trunks, and briefcases. Rimowa advertises, promotes, sells and distributes its products in interstate and international commerce, specifically including in the Commonwealth of Massachusetts. Rimowa has been in business since 1898. 3. Upon information and belief, Defendant Briggs & Riley Travelware, LLC
(“Briggs & Riley”) is a New York limited liability company with a regular place of business in Hauppauge, Suffolk County, New York. Upon information and belief, Briggs & Riley has at all relevant times been in the business of manufacturing and distributing luggage, traveling cases and suitcases, duffels, business cases, and luggage accessories. Upon information and belief, Briggs & Riley advertises, promotes, sells, and distributes luggage (specifically including its “Torq Collection” luggage), traveling cases and suitcases, duffels, business cases, and luggage accessories in interstate and international commerce, specifically including in the Commonwealth of Massachusetts and in this judicial district. Briggs & Riley has committed acts of infringement in this judicial district, and is causing injury to Rimowa in this judicial district. JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
§ 1331 and § 1338(a) because Rimowa asserts claims for patent infringement arising under the patent laws of the United States of America, Title 35 of the United States Code, including 35 U.S.C. § 271. 5. Venue is proper in the United States District Court for the District of
Massachusetts pursuant to 28 U.S.C. § 1391(b), (c) and (d) and § 1400(b). 6. This Court has personal jurisdiction over Briggs & Riley. Briggs & Riley
regularly and deliberately engaged in and continues to engage in activities that result in using, selling, offering for sale, and/or importing infringing products in and/or into the Commonwealth of Massachusetts and this judicial district. Briggs & Riley, directly or through intermediaries (including distributors, retailers, and others) purposely and voluntarily offers products for sale to persons in Massachusetts. Briggs & Riley’s products, including the Torq Collection of luggage that is the subject of this patent infringement suit, have been and continue to be sold to persons in Massachusetts and in this judicial district via established distribution channels. For example, Briggs & Riley identifies on its website at least 9 stores in Massachusetts where Briggs & Riley’s products are sold (Exhibit B). Additionally, Briggs & Riley advertises products that are the subject of this suit on a website that is publicly accessible to Massachusetts residents. (Exhibit C) Briggs & Riley has committed acts of patent infringement within the District of Massachusetts. U.S. PATENT NO. 5,992,588 7. Rimowa re-alleges and adopts by reference the allegations set forth in
paragraphs 1 – 6 above as though set forth fully herein. 8. On November 30, 1999, the U.S. Patent and Trademark Office, after full and fair
examination, duly and legally issued to Dieter Morszeck as inventor, Rimowa Kofferfabrik GmbH as assignee, United States Patent No. 5,992,588, titled “Wheeled Suitcase,” (the “’588 patent”), a true and correct copy of which is attached as Exhibit A. 9. As is more fully reflected in the’588 patent Summary of the Invention, and
without limitation, the invention improves a suitcase so that it can be guided in a stable manner
without tilting, even when rolling in an upright position. 10. Rimowa is the current assignee and owner of all right, title, and interest in and to
the ’588 patent and has standing to enforce and sue for infringement of the ’588 patent, including the right to recover for past infringement damages and the right to recover future royalties, damages, and income. 11. 12. The ’588 patent is valid and enforceable. Rimowa, at all relevant times, has placed and continues to place a notice of the
’588 patent (marked with U.S. Patent No. 5,992,588) on goods made, offered for sale, sold, and/or imported into the United States that embody one or more claims of that patent (specifically including multi-wheel assemblies). 13. Rimowa informed Briggs & Riley in a face to face meeting at a tradeshow in Las
Vegas in March 2013 that Rimowa believed that Briggs & Riley’s Torq Collection infringed the ‘588 patent. After that face to face meeting, counsel for Briggs & Riley contacted counsel for Rimowa via email on March 6, 2013 to discuss the infringement issue. 14. Briggs & Riley had and currently has notice of the ’588 patent. INFRINGEMENT OF U.S. PATENT NO. 5,992,588 15. Rimowa re-alleges and adopts by reference the allegations set forth in
paragraphs 1 – 14 above as though set forth fully herein. 16. Briggs & Riley has directly infringed, and is directly infringing, the ’588 patent
by, among other activities, making, using, offering for sale, selling, and/or importing in this judicial district and elsewhere in the Massachusetts and the United States, without authority or license from Rimowa, products falling within the scope of one or more clams of the ’588 patent, specifically including the Torq Collection line of luggage (which is depicted in Exhibit
D). 17. On information and belief, Briggs & Riley’s infringement of the ’588 patent has
been, and continues to be, willful. For example, at least because of the above-mentioned communications between the counsel for the parties, Briggs & Riley knew that there was an objectively high likelihood that its actions constituted infringement, but it nevertheless proceeded with such actions and infringed the ’588 patent and is continuing to infringe the ‘588 patent. 18. Briggs & Riley’s acts of infringement have caused and will continue to cause
substantial and irreparable damage to Rimowa. 19. As a direct and proximate result of Briggs & Riley’s infringement of the ’588
patent, whether direct, contributory, or induced, Rimowa has suffered damages and continues to suffer damages in an amount to be determined at trial. 20. Briggs & Riley’s continued infringement, whether direct, contributory, or
induced, will damage Rimowa’s business, causing irreparable harm to Rimowa for which there is no adequate remedy at law, unless Briggs & Riley is enjoined by the Court from the actions complained of herein. By way of example, by offering the Torq Collection for sale to potential Rimowa customers, Briggs & Riley is unfairly and unjustly damaging Rimowa’s reputation as an innovator in the field and is threatening to erode Rimowa’s customer base and market share.
PRAYERS FOR RELIEF WHEREFORE, Rimowa prays for entry of judgment in its favor, as follows: a. b. c. a finding that Briggs & Riley has infringed the ’588 patent; a finding that Briggs & Riley’s infringement of the ’588 patent is willful; preliminary and permanent injunctions prohibiting Briggs & Riley, its officers,
agents, servants, employees, attorneys, and all other persons in active concert or participation with Briggs & Riley, from further infringing the ’588 patent; d. an accounting for damages arising from the infringement of the ’588 patent by
Briggs & Riley and those in privity with Briggs & Riley; e. an award of damages proximately caused by Briggs & Riley’s unlawful acts,
specifically including damages under 35 U.S.C. §§ 154 and 284; f. an award of increased damages and punitive damages for the willful nature of
Briggs & Riley’s unlawful acts, said award to equal treble the amount of actual damages; g. an award of the costs and attorneys’ fees Rimowa has incurred in bringing and
maintaining this action; h. i. an award of pre-judgment and post-judgment interest; such other and further relief as the Court deems proper.
JURY DEMAND Rimowa demands a trial by jury on all issues so triable.
Respectfully submitted, RIMOWA GMBH By its Attorneys /s/ Dale C. Kerester Dale C. Kerester, BBO #548385 Lynch, Brewer, Hoffman & Fink LLP 75 Federal Street, 7th Floor Boston, MA 02110 (617) 951-0800 email@example.com Of Counsel: William E. O'Brien, Esq. Law Office of William E. O’Brien, Esq. 2 Connector Road, Suite 200 Westborough, MA 01581 (781) 956 - 5363 firstname.lastname@example.org Dated: October 23, 2013
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