UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ PIONEER PET PRODUCTS, LLC Plaintiff

, v. FELINICITY, INC. Defendant. ______________________________________________________________________________ COMPLAINT ______________________________________________________________________________ Plaintiff, Pioneer Pet Products, LLC (“Pioneer”), for its complaint against Defendant, Felinicity, Inc. (“Felinicity”), alleges the following: Nature of Action 1. This is a civil action for patent infringement under The Patent Act, 35 U.S.C. §§ Civil Action No. 2:13-cv-1260

1-376, to prevent Felinicity from further infringing Pioneer’s U.S. Patent 8,381,685 (the ‘685 patent) entitled “Pet Fountain.” Jurisdiction and Venue 2. The district court has original jurisdiction over this action pursuant to 28 U.S.C.

§1331 (federal question) and §1338(a) (action arising under any Act of Congress relating to patents and copyrights). 3. Upon information and belief, Felinicity regularly conducts business in the Eastern

District of Wisconsin. Moreover, upon information and belief, Felinicity actively markets and sells goods and products in this District, including but not limited to products that infringe Pioneer’s ‘685 patent. Still further, products that infringe Pioneer’s ‘685 patent have been

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purchased in and shipped into this District. Accordingly, venue in this District as to Felinicity is proper under 28 U.S.C. § 1400(b) and/or 28 U.S.C. § 1391(b) and (c). Jurisdiction as to Felinicity is proper pursuant to Wis. Stat. § 801.05(3) and/or Wis. Stat. § 801.05(4). Parties 4. Plaintiff Pioneer is a Wisconsin company with its principal place of business in

this District at N144 W5660 Pioneer Road, Cedarburg, Wisconsin 53012. Among other things, Pioneer is engaged in the business of manufacturing and selling pet-related products, including, but not limited to, pet fountains. Pioneer is the assignee and current owner of the ‘685 patent. 5. Defendant Felinicity is a corporation with its principal place of business at 2900

Glades Circle, Suite 400, Weston, Florida 33327. Background Facts 6. Pioneer is a leader in the pet product industry, providing various products

including pet fountains. 7. Pioneer developed a pet fountain, which is described in the ‘685 patent.

Generally speaking, the fountain includes a fountain base with a water holding basin and a cover that overlays the base. The basin has a cord conduit that extends from within the basin to outside of the basin. There is a pump that pumps water from the basin to the cover. The pump has an electrical cord that extends through the cord conduit. The claims of the ‘685 patent are primarily directed to the cord conduit cap, which is shown in Fig. 10 below.

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COUNT I: Infringement of the ‘685 Patent 8. paragraphs. 9. Felinicity manufactures, offers to sell, and/or sells fountains that infringe the ‘685 Pioneer restates and incorporates by reference the allegations in the preceding

patent in violation of 35 U.S.C. § 271(a), including the fountain shown below that Felinicity sells under the name “The Watering Hole.”

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10.

The above fountain includes the cord conduit cap pictured below.

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11. 12. ‘685 patent. 13.

Upon information and belief, Felinicity continues to sell its infringing products. Upon information and belief, Felinicity has been and is willfully infringing the

Upon information and belief, Felinicity will continue to infringe the ‘685 patent

unless and until it is enjoined by a court. 14. Felinicity’s infringement has caused and continues to cause irreparable harm to

Pioneer, including, but not limited to, infringing upon Pioneer’s rights in the ‘685 patent. 15. 16. Pioneer has been damaged by Felinicity’s infringement of the ‘685 patent. Felinicity’s conduct shows a lack of the required duty to avoid infringement of the

‘685 patent such that this is an exceptional case; therefore, Pioneer should be awarded its reasonable attorneys’ fees pursuant to 35 U.S.C. § 285. 17. Pursuant to 35 U.S.C. § 284, Pioneer is entitled to enhanced damages for

infringement of the ‘685 patent, up to treble damages. 18. Pursuant to 35 U.S.C. § 283, Pioneer is entitled to a preliminary and permanent

injunction against further infringement of the ‘685 patent. WHEREFORE, Plaintiff, Pioneer Pet Products, LLC, demands judgment against Defendant Felinicity, Inc. as follows: A. B. C. D. E. That the defendant be preliminarily and permanently enjoined from manufacturing or selling any further products that infringe the ‘685 patent. An award of plaintiff’s actual damages. An award trebling or enhancing the damages found due to defendant’s willful infringement. That the defendant be ordered to turn over to plaintiff or alternatively to destroy any infringing pet behavior control products in its possession. An award of plaintiff’s costs, including attorneys fees.

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F.

Any other relief that the court may deem proper and just.

JURY DEMAND Plaintiff Pioneer Pet Products, LLC demands a jury trial for all factual issues not admitted by the defendant.

Respectfully submitted,

Dated: November 7, 2013

s/Michael T. Griggs David D. Stein Adam L. Brookman Michael T. Griggs Boyle Fredrickson S.C. 840 N. Plankinton Avenue Milwaukee, WI 53203 Telephone: 414-225-9755 Facsimile: 414-225-9753 Attorneys for Pioneer Pet Products, LLC

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