You are on page 1of 7

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Chicago Dryer Company, an Illinois corporation, FinishTech Ltd., an Illinois corporation, Stanley McCabe, an individual, and McCabe Corporation, a Texas corporation. Plaintiffs, v. Jensen USA, Inc. a North Carolina corporation, Jensen-Group NV, a Belgian corporation, Defendants.

Civil Action No. 13-4545

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Chicago Dryer Company, FinishTech Ltd., Stanley McCabe, and McCabe Corporation (collectively, “Plaintiffs”) bring this complaint against Defendants Jensen USA, Inc. and NV Jensen-Group. (collectively, “Defendants”). As its complaint against Defendants, Plaintiffs allege as follows: NATURE OF THE ACTION 1. This is an action under 35 U.S.C. § 271 for infringement of United

States Patent No. 5,515,627 (the “’627 Patent”) entitled “Apparatus and Method for Feeding Flatwork Articles,” a true and correct copy of which is attached as Exhibit 1. 2. The ’627 Patent was duly, properly and legally issued on May 14, 1996.

3.

Defendants have infringed and are infringing the ’627 Patent through

their activities throughout the United States and in this District relating to flatwork feeding machines. THE PARTIES 4. Plaintiff Chicago Dryer Company (“Chicago Dryer”) has been

manufacturing laundry equipment in Chicago, Illinois since the late 1800s. Chicago Dryer is organized as an Illinois corporation with a principal place of business at 2200 North Pulaski Road, Chicago, Illinois 60639. 5. Chicago Dryer manufactures and sells flatwork finishing equipment,

including machines for separating, feeding, ironing, and folding flatwork articles. Chicago Dryer has manufactured and sold products including the Edge, Edge Maxx, EMM-V, King Edge, King Edge Vac, and Edge Ultra Maxx. Chicago Dryer is sublicensed to practice the ’627 Patent. 6. FinishTech Ltd. is an Illinois corporation with a principal place of

business at 2860 South River Road, Suite 350, Des Plaines, Illinois 60018. FinishTech is the exclusive licensee of the ’627 Patent. 7. McCabe Corporation is a Texas corporation with a principal place of

business at 1317 Harvard, Lubbock, Texas 79403. McCabe Corporation builds flatwork finishing equipment. 8. Stanley G. McCabe is an individual residing in Lubbock, Texas, and is

the inventor of the invention claimed in the ’627 Patent.

2

9.

On information and belief, Jensen USA, Inc. (“Jensen USA”) is a North

Carolina corporation having its principal place of business at 99 Aberdeen Loop, Panama City, Florida 32405. 10. On information and belief, NV Jensen-Group (“Jensen-Group”) is a

corporation organized under the laws of Belgium and has its principal place of business at Bijenstraat 6, 9051 Sint-Denjis-Westrem, Belgium. 11. On information and belief, Defendants have made targeted efforts to

sell infringing products in this District. 12. Defendants have maintained systematic and continuous contacts with

this District through solicitation of sales of infringing products through websites and targeted advertising in trade journals, including solicitations for the Jensen Jenfeed Express high-volume feeder. 13. March 2011. 14. March 2011. 15. On information and belief, Defendants have been aware of the ’627 Jensen USA has been aware of the ’627 Patent since at least Jensen-Group has been aware of the ’627 Patent since at least

patent for over ten years. 16. In March 2011, Jesper Jensen, CEO of Jensen-Group, requested a

meeting with Bruce Johnson, President of Chicago Dryer. 17. Messrs. Jensen and Johnson met at the Gaslight Club located at the

O’Hare Hilton Hotel in Chicago, Illinois.

3

18.

During the meeting, Mr. Jensen expressed interest on behalf of

Defendants in taking a license under the ’627 Patent. 19. 20. Defendants are not and have never been licensees of the ’627 Patent. On information and belief, Defendants have solicited sales of the

Jenfeed Express feeder to potential customers, including customers residing in this District. 21. On information and belief, Defendants have offered to sell the Jenfeed

Express feeder to the National Acquisition Center of the U.S. Department of Veterans Affairs located in Hines, Illinois. 22. Defendants solicited the Jenfeed Express feeder in two advertisements

of the June 2013 edition of “Textile Services” a trade journal for laundry, linen, and uniform management companies. 23. Chicago Dryer received a copy of the June 2013 edition of “Textile

Services” at its Chicago headquarters. 24. By June 19, 2013, Defendants installed a Jenfeed Express feeder in a

booth directly across from Chicago Dryer’s booth at the Clean 2013 show, a trade show for the laundry, dry cleaning, and textile services industry in New Orleans, Louisiana. 25. As of the filing of this Complaint, Defendants were soliciting sales of

the Jenfeed Express feeder at the Clean 2013 show. JURISDICTION AND VENUE 26. This Court has subject matter jurisdiction over Plaintiffs’ patent

infringement action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 4

27.

This Court has specific personal jurisdiction over Defendants pursuant

to due process and/or at least because of their substantial business in this forum, activities directly related to the ’627 Patent, and/or deriving substantial revenue through sales in Illinois and this District. 28. Venue is proper in this District under 28 U.S.C. §1391(b) because a

substantial part of the events giving rise to Plaintiff’s claims occurred in this District and because Defendants are subject to personal jurisdiction in this district. 29. A real, immediate, and justiciable controversy exists between Plaintiffs

and Defendants relating to infringement of the ’627 Patent. PATENT INFRINGEMENT 30. Plaintiffs repeat and reallege the allegations of paragraphs 1 through

29 above, as though fully set forth herein. 31. Defendants sell, offer to sell, use in the United States and import into

the United States flatwork feeding devices, including at least the Jenfeed Express feeder. 32. On information and belief, Defendants have directly infringed one or

more claims of the ’627 Patent within this District, and elsewhere within the United States, through their offer for sale, sale, use, and/or importation of the Jenfeed Express feeder and/or other flatwork feeding devices. 33. 34. harm. Defendants have willfully infringed the ’627 Patent since at least 2011. Unless enjoined, Defendants’ acts will cause Plaintiffs irreparable

5

WHEREFORE, Plaintiffs pray that this Court: A. B. C. D. Adjudge the ’627 Patent enforceable and not invalid; Adjudge that Defendants have infringed the ’627 Patent; Adjudge that Defendants have willfully infringed the ’627 Patent; Grant a permanent injunction restraining and enjoining Defendants,

and their officers and representatives, from further infringement of the ’627 Patent during the remaining term thereof; E. Award Plaintiffs damages for Defendants’ infringement of the ’627

Patent, in an amount to be determined at trial, including interest under 35 U.S.C. § 284; F. Award Plaintiffs an increase in damages up to three times the amount

found or assessed, in view of Defendants’ willful and intentional violation of Plaintiffs’ patent rights under 35 U.S.C. § 285; G. Award Plaintiffs their attorney’s fees, costs and expenses in this

action, due to the exceptional nature of this case; and H. Such other and further relief as the Court may deem proper and just.

6

JURY DEMAND Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs hereby demand a trial by jury on all issues triable of right by a jury. Respectfully submitted, Dated: June 20, 2013 By: /s/ David H. Bluestone David H. Bluestone Illinois Bar No. 6269436 Email: dbluestone@brinkshofer.com Charles M. McMahon Illinois Bar No. 6270255 Email: cmmahon@brinkshofer.com Karina Yuen Y. Wong Illinois Bar No. 6304400 Email: kwong@brinkshofer.com BRINKS HOFER GILSON & LIONE NBC Tower, Suite 3600 455 North Cityfront Plaza Drive Chicago, IL 60611-5599 (312) 321-4200 Attorneys for Plaintiffs Chicago Dryer Company, FinishTech Ltd., McCabe Corporation, and Stanley McCabe.

7