IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PREGIS INNOVATIVE PACKAGING INC., ) ) Plaintiff, ) ) v.

) ) SEALED AIR CORPORATION, ) ) Defendant. )

C.A. No. _________

COMPLAINT Pregis Innovative Packaging Inc., by its attorneys, for its complaint in this action alleges: PARTIES AND JURISDICTION 1. Plaintiff Pregis Innovative Packaging Inc. (“Pregis”) is a corporation organized

and existing under the laws of the state of Delaware, having its principal place of business at 1650 Lake Cook Road, Deerfield, Illinois 60015. 2. Upon information and belief, defendant Sealed Air Corporation (“Sealed Air”) is

a corporation organized and existing under the laws of the state of Delaware, having its principal place of business at 200 Riverfront Boulevard, Elmwood Park, New Jersey. 3. This action arises under the Patent Act of 1952, 35 U.S.C. §§ 1 et seq., as

amended. This Court has subject matter jurisdiction to hear this action under 28 U.S.C. §§ 1331 and 1338(a). CLAIM FOR RELIEF 4. Pregis is the owner of U.S. Patent No. 6,607,803 B2 issued August 19, 2003, for

an invention entitled “Laminate Film-Foam Flooring Composition” (“the ’803 Patent”). A true copy of the ’803 Patent is attached hereto as Exhibit 1.

5.

Pregis has long manufactured and sold laminate film-foam flooring underlayment

that is especially adapted for use in making the underlayment flooring combination claimed in the ’803 Patent, including to Home Depot and other distributors located in this judicial district. 6. Beginning at a time currently unknown to Pregis, but not later than May 2013,

Sealed Air began infringing the ’803 Patent, including by offering for sale or selling the laminate film-foam underlayment product depicted in Exhibit 2 hereto (the “Sealed Air Product”). 7. The Sealed Air Product is especially adapted for use in making the underlayment

flooring combination claimed in the ’803 Patent. 8. The Sealed Air Product has been offered and sold with instructions that explicitly

encourage and actively induce infringement of the ’803 Patent. 9. Sealed Air has offered and sold the Sealed Air Product with actual knowledge of

the existence of the ’803 Patent. 10. Sealed Air has offered and sold the Sealed Air Product with actual knowledge that

its acts will cause infringement of the ’803 Patent and with intent to induce, encourage, support, and profit from the making of the underlayment flooring combination claimed in the ’803 Patent. 11. Sealed Air is offering the Sealed Air Product as a direct replacement for Pregis’s

laminate film-foam underlayment and is actively encouraging retailers, contractors, and others to infringe the ’803 Patent and engage in conduct that Sealed Air knows will result in infringement of the ’803 Patent, exemplified by Sealed Air’s supply of the product depicted in Exhibit 2 to Home Depot. 12. Sealed Air has acted in the face of a letter dated May 2, 2013 in which Pregis

formally demanded that Sealed Air cease infringing the ’803 Patent.

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13.

The conduct of Sealed Air has caused and threatens Pregis with irreparable harm

for which Pregis has no adequate remedy at law. WHEREFORE, Pregis prays that that the Court: a. b. adjudge that Sealed Air is liable for infringement of the ’803 Patent; issue preliminary and permanent injunctions restraining Sealed Air from engaging in any further activities that infringe the ’803 Patent, including through appropriate recall relief; c. d. award Pregis damages in accordance with 35 U.S.C. § 284; declare this case “exceptional” and award Pregis reasonable attorneys’ fees in accordance with 35 U.S.C. § 285; and e. award such other relief as this Court deems just and proper. JURY DEMAND Pregis hereby demands a trial by jury on all issues triable to a jury. MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Mary B. Graham
Mary B. Graham (#2256) Derek J. Fahnestock (#4705) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 mgraham@mnat.com dfahnestock@mnat.com Attorneys for Pregis Innovative Packaging Inc.

OF COUNSEL: James W. Dabney Henry Lebowitz Richard M. Koehl FRIED FRANK HARRIS SHRIVER & JACOBSON LLP One New York Plaza New York, NY 10004-1980 (212) 859-8000 June 16, 2013
7284729.4

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