IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No: 4:13-cv-00193

JAMES K. ALDRIDGE, III, Plaintiff, v. HARRIS FARMS, LLC, Defendant. ) ) ) ) ) ) ) ) ) )

COMPLAINT

Jury Trial Demanded

Plaintiff James K. Aldridge, III, by and through its counsel, complaining of Defendant Harris Farms, LLC (“Harris Farms”), hereby demands a jury trial and alleges and says: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. §§271, et seq., to enjoin and obtain damages resulting from Harris Farms’ unauthorized manufacture, use, sale, offer to sell, and/or importation into the United States for subsequent use or sale of animal feeders that infringe one or more claims of United States Patent No. 5,699,753 (“the ‘753 Patent”), attached hereto as Exhibit A and entitled “Animal Feeder.” Mr. Aldridge seeks injunctive relief to prevent Harris Farms from continuing to infringe the ‘753 Patent, and, in addition, seeks a recovery of monetary damages resulting from Harris Farms’ infringement of the ‘753 Patent. PARTIES 2. Plaintiff James K. Aldridge, III is an individual residing at 4858 W.P. Hardy

Road, LaGrange, North Carolina 28551.

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3.

Plaintiff James K. Aldridge, III is the owner of all right, title and interest in and to

the ‘753 Patent. 4. Upon information and belief, Harris Farms is a limited liability company having a

principal place of business at 7227 Haley Industrial Drive, Nolensville, Tennessee 37135-9618. Upon further information and belief, Harris Farms manufactures, uses, sells and/or distributes animal feeders accused of infringement herein. JURISDICTION AND VENUE 5. This action arises under the patent laws of the United States, including 35 U.S.C.

§§271 et seq. This Court has subject matter jurisdiction under the provisions of 28 U.S.C. §§1331 and 1338(a). 6. and 1400(b). 7. This Court has personal jurisdiction over Harris Farms, and venue is proper in this Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391(b), 1391(c),

district because Harris Farms has regularly conducted business in North Carolina and this judicial district, and, upon information and belief, infringement has occurred and continues to occur in North Carolina and this district. In addition, this Court has personal jurisdiction over Harris Farms because it has established minimum contacts with the forum, and the exercise of this Court’s jurisdiction over Harris Farms would not offend traditional notions of fair play and substantial justice. FACTS 8. 9. The ‘753 Patent is generally directed to an animal feeder. The ‘753 Patent was duly and legally issued on December 23, 1997.

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10.

Defendant Harris Farms markets, uses, sells, offers for sale, and/or imports into

the United States animal feeders that directly infringe one or more claims of the ‘753 Patent. The infringing products include, but are not limited to, 7- and 10-pound feeders. A copy of an internet-based advertisement for Harris Farms showing accused animal feeders is attached hereto as Exhibit B. COUNT I PATENT INFRINGEMENT 35 U.S.C. §271 11. James K. Aldridge, III realleges and incorporates by reference the preceding

paragraphs of the Complaint. 12. James K. Aldridge, III is the lawful owner of all right, title and interest in and to

the ‘753 Patent. 13. Harris Farms uses, sells, offers to sell and/or imports into the United States for

subsequent sale or use animal feeders which directly infringe at least one claim of the ‘753 Patent. 14. Harris Farms’ acts of infringement have caused damage to James K. Aldridge, III

and James K. Aldridge, III is entitled to recover damages adequate to compensate for the infringement. 15. Harris Farms’ continuing infringement of the ‘753 Patent will continue to damage

James K. Aldridge, III’s business, causing irreparable harm unless enjoined by the court. PRAYER FOR RELIEF WHEREFORE, James K. Aldridge, III respectfully prays for judgment against Harris Farms, granting James K. Aldridge, III the following relief:

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A. 5,699,753; B.

That the Court enter judgment that Harris Farms has infringed U.S. Patent No.

That the Court permanently enjoin Harris Farms and its parents, subsidiaries,

affiliates, successors and assigns, and each of their respective officers, directors, agents, servants, employees, attorneys, and all persons within their control from making, using, selling, offering to sell, importing, or advertising animal feeders that infringe any of the claims of the ‘753 Patent, or otherwise engaging in acts of infringement of the ‘753 Patent; C. That the Court order an accounting to determine the damages to be awarded to

James K. Aldridge, III as a result of Harris Farms’ infringement; D. That the Court, pursuant to 35 U.S.C. §284, enter an award to James K. Aldridge,

III of such damages as it shall prove at trial that are adequate to compensate James K. Aldridge, III for Harris Farms’ infringement of the ‘753 Patent, and that the damages be no less than a reasonable royalty; E. That the Court assess pre-judgment and post-judgment interest and costs against

Harris Farms, together with an award of such interest and costs to James K. Aldridge, III in accordance with 35 U.S.C. §284; F. That the Court grant James K. Aldridge, III such other, further, and different relief

as the Court may deem just and proper. DEMAND FOR JURY TRIAL James K. Aldridge, III demands a trial by jury be held on all issues so triable.

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Respectfully submitted, this the 20th day of August, 2013. Coats & Bennett, PLLC Attorneys for James K. Aldridge, III

BY: /s/ Larry L. Coats Larry L. Coats NC State Bar No. 5,547 Anthony J. Biller NC State Bar No. 24,117 James R. Lawrence, III NC State Bar No. 44,560 1400 Crescent Green, Suite 300 Cary, North Carolina 27518 Telephone: (919) 854-1844 Facsimile: (919) 854-2084 Email: lcoats@coatsandbennett.com abiller@coatsandbennett.com jlawrence@coatsandbennett.com

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