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TUF-TITE, INC. Plaintiff, vs. FEDERAL PACKAGE NETWORKS, INC. Defendant.
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Case No. 1:14cv2060
JURY TRIAL DEMANDED
______________________________________________________________________________ COMPLAINT ______________________________________________________________________________ Plaintiff Tuf-Tite, Inc. (“Tuf-Tite”) complains of defendant Federal Package Networks, Inc. (“Federal Package”) as follows: INTRODUCTION 1. On October 10, 2001, the United States Patent and Trademark Office issued
United States Patent No. 6,129,471 entitled “Stick Applicator with Incremental Dispensing Action.” A copy of the ‘471 patent is attached hereto as Exhibit A. Federal Package is identified as the assignee on the face of the ‘471 patent. 2. On March 19, 2014, an attorney representing Federal Package contacted Tuf-Tite,
alleging that Tuf-Tite’s INPRES Applicator infringes the ‘471 patent. The letter demanded that Tuf-Tite cease to manufacture, use, sell, offer for sale, or import the applicator. 3. Tuf-Tite now files this complaint requesting declaratory judgment that Tuf-Tite
does not infringe the ‘471 patent and that the ‘471 patent is invalid.
PARTIES 4. Plaintiff Tuf-Tite is a corporation existing under and by virtue of the laws of the
State of Illinois, and maintains a principal place of business at 1200 Flex Court, Lake Zurich, Illinois 60047. 5. Defendant Federal Package is a corporation existing under and by virtue of the
laws of the State of Minnesota, and maintains a principal place of business at 4044 Peavey Rd, Chaska, MN 55318. JURISDICTION 6. This is an action for a declaratory judgment pursuant to the Federal Declaratory
Judgments Act, 28 U.S.C. §§ 2201 and 2202. This action arises, in part, under the patent laws of the United States, 35 U.S.C. §1, et seq. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. § 1338(a). 7. This Court has personal jurisdiction over Federal Package since, on information
and belief, Federal Package regularly conducts business within the Northern District of Illinois and since Federal Package targeted its cease and desist letter to the Northern District of Illinois. 8. In view of the nature of Federal Package’s March 19, 2014 “cease and desist”
letter to Tuf-Tite, Tuf-Tite reasonably believes that it bears a substantial risk of harm stemming from Federal Package’s infringement allegations. 9. There is, therefore, an actual controversy between the parties with respect to the
validity of the ‘471 patent and its infringement by Tuf-Tite. VENUE 10. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and (c).
COUNT I – DECLARATORY JUDGMENT THAT TUF-TITE’S INPRES APPLICATOR DOES NOT INFRINGE ANY CLAIM OF THE ‘471 PATENT
Tuf-Tite realleges paragraphs 1-10 of this Complaint as if fully set forth here. Tuf-Tite has not infringed and does not infringe any valid claim of the ‘471
patent, literally or under the doctrine of equivalents, directly or indirectly, willfully or otherwise. COUNT II – DECLARATORY JUDGMENT THAT THE CLAIMS OF THE ‘471 PATENT ARE INVALID 13. 14. Tuf-Tite realleges paragraphs 1-10 of this Complaint as if fully set forth here. Each claim of the ‘471 patent is invalid for failure to comply with one or more of
the requirements set forth in 35 U.S.C. §§ 101, 102, 103, and/or 112.
PRAYER FOR RELIEF Tuf-Tite, Inc prays for the following relief: A. that judgment be entered in Tuf-Tite’s favor that Tuf-Tite has not infringed and
does not infringe any valid claim of the ‘471 patent; B. that judgment be entered in Tuf-Tite’s favor that one or more claims of the ‘471
patent are invalid. C. that judgment be entered in Tuf-Tite’s favor that this case is exceptional and
awarding Tuf-Tite its attorney fees and costs under 35 U.S.C. § 285; and D. proper. JURY DEMAND Tuf-Tite, Inc. demands trial by jury of all issues properly so triable. that Tuf-Tite be awarded any other relief as the court or a jury deems just and
March 24, 2014
/s/ Julianne M. Hartzell Julianne M. Hartzell Jeremy Kriegel Kate Nuehring Marshall, Gerstein & Borun LLP 233 South Wacker Drive 6300 Willis Tower Chicago, IL 60606-6357 (312) 474-6300 Attorneys for Plaintiff Tuf-Tite, Inc.