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Case 1:17-cv-01126-ELR Document 1 Filed 03/28/17 Page 1 of 14

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

PRINTPACK, INC., and


PRINTPACK ILLINOIS, INC., )
)
Plaintiffs, )
) Civil Action No.
v. ) _____________
)
ARIPACK, INC., )
) JURY TRIAL DEMANDED
Defendant. )
)

COMPLAINT

Plaintiffs, Printpack, Inc. and Printpack Illinois, Inc., by and through the

undersigned counsel, bring this action for patent infringement against Aripack,

Inc., and allege as follows:

PARTIES

1. Plaintiff Printpack Illinois, Inc. (Printpack Illinois) is an Illinois

corporation. Printpack Illinois is a wholly owned subsidiary of Printpack, Inc.

(Printpack), a Georgia corporation with its principal place of business at 2800

Overlook Parkway NE, Atlanta, GA 30339. Printpack Illinois and Printpack,

together, are referred to hereinafter as Plaintiffs.

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2. On information and belief, Defendant Aripack, Inc. (Aripack) is a

corporation organized under the laws of the State of New York, with its principal

place of business located at 1007 Sheffield Avenue, Brooklyn, New York 11207.

3. Aripack manufactures or causes to be manufactured, imports, uses,

offers for sale and/or sells and distributes the single serve beverage pods accused

of infringement herein.

JURISDICTION AND VENUE

4. This is an action for injunctive relief, money damages, disgorgement

of profits, and costs and attorneys fees related to Aripacks patent infringement

arising under the patent laws of the United States, 35 U.S.C. 1 et seq., including

35 U.S.C. 271.

5. This Court has subject matter jurisdiction over all causes of action set

forth herein pursuant to 28 U.S.C. 1331 and 1338(a) because this action arises

under the patent laws of the United States, including 35 U.S.C. 1 et seq.

6. This Court has specific personal jurisdiction over Aripack in this

District. On information and belief, jurisdiction exists over Aripack because

Aripack has committed acts of infringement in this District during at least the April

2016 Specialty Coffee Association of America (SCAA) trade show at the

Georgia World Congress Center, located at 285 Andrew Young International

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Boulevard NW, Atlanta, GA 30313. Aripacks social media account evidences

that Aripack intended to display its infringing coffee pods during the 2016 SCAA

trade show. (Exhibit A). Further on information and belief, during the SCAA

trade show, Aripack did display and also used, sold, and/or offered for sale those

infringing coffee pods:

(Exhibit B) (red circle added). As a result of Aripacks attendance at the 2016

SCAA trade show, on information and belief, Aripack used, sold, and/or offered

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for sale the beverage pods at issue in this action in this District.

7. This Court also has general jurisdiction over Aripack because, on

information and belief, Aripack has conducted extensive business activities in the

State of Georgia and also derives substantial revenue from selling products into the

State of Georgia. In addition to attending the April 15-17, 2016 SCAA trade show

in Atlanta, Georgia, Aripacks social media account reveals that it intends to attend

the April 2-4, 2017 SNAXPO trade show in Savannah, Georgia (Exhibit C) for the

purpose of displaying and selling its products. Aripack has conducted extensive

business activities in this state, and intends to continue doing so. Thus, this Court

has general personal jurisdiction over Aripack.

8. Venue is proper in this District and Division pursuant to 28 U.S.C.

1391(b), (c), and 1400(b).

FACTS

9. Printpack is an industry-leading packaging company founded in 1956.

Printpack has a long history of technological innovation in the packaging industry,

and Printpacks specific contributions to the state of the art of single serve

beverage pods have resulted in millions of dollars of sales.

10. In connection with its research and development efforts to improve

single serve beverage pods, Printpack developed a specific design for single serve

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beverage pods, which is currently protected by the valid and subsisting United

States patent referenced below.

11. Defendant Aripack is a direct competitor of Printpack and is engaged

in the business of manufacturing and distributing single serve beverage pods to the

beverage and coffee industry.

12. On information and belief, Aripack obtains its single serve beverage

pods from offshore manufacturers, and sells those products to beverage companies,

distributors, and/or retail customers throughout the United States. At present, the

complete identities of the manufacturers, distributors, and retailers are unknown,

but may be joined to this action once identified.

13. On information and belief, Aripack has made, and is currently

making, using, selling, importing into the United States, distributing, and/or

offering for sale products that infringe at least one claim of a valid patent held by

Printpack Illinois, as set forth specifically below.

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COUNT I INFRINGEMENT
(U.S. Design Patent No. D638,142)

14. Plaintiffs restate and incorporate the averments set forth in the above

paragraphs as if fully set forth herein.

15. On October 21, 2014, United States Design Patent No. D715,649 (the

649 Patent) entitled CONTAINER was duly and legally issued by the United

States Patent and Trademark Office, protecting the new, original, and ornamental

design for a container as shown and described in the 649 Patent.

16. A true and correct copy of the 649 Patent is attached hereto as

Exhibit D.

17. Printpack Illinois is the owner, by assignment, of all right, title, and

interest in the 649 Patent, and has the right to bring suit for patent infringement

thereon.

18. As a licensee of the 649 Patent, Printpack is authorized, inter alia, to

make, use, sell, offer for sale, and/or import into the United States, products having

the ornamental design protected by the 649 Patent.

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19. By way of non-limiting example, representative images of select

aspects of the ornamental design protected by the 649 Patent are set forth below:

(Exhibit D).

20. Defendant Aripack manufactures or causes to be manufactured, uses,

imports, offers for sale, and/or sells single serve beverage pods (the Aripack

Pods) within the United States.

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21. By way of non-limiting example, examples of the Aripack Pods,

displayed on Aripacks website, are shown below:

(Exhibit E, see also Exhibits F, G).

22. The Aripack Pods embody the design covered by the 649 Patent and

infringe the 649 Patent. Specifically, the Aripack Pods are substantially the same

as the patented design claimed in the 649 Patent, when viewed by an ordinary

observer in the context of the prior art. Aripack has infringed and continues to

directly infringe, either literally or through the doctrine of equivalents, the 649

Patent by making, using, importing into the United States, offering to sell, and/or

selling, the Aripack Pods, in violation of 35 U.S.C. 271(a).

23. On information and belief, Aripack has made and is continuing to

make unlawful gains and profits from its infringement of the 649 Patent.

24. On information and belief, Aripack obtained and copied Printpacks

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own beverage pod in order to create the Aripack Pods, and Aripack possesses a

tool used to produce the infringing Aripack Pods. As a result, Aripack has had

knowledge, or should have had knowledge, of the 649 Patent since the issuance

date of October 21, 2014.

25. Furthermore, Aripack has had knowledge of the 649 Patent prior to

this action, because Printpack printed the 649 Patent number on its product

packaging, as exemplified below:

(Exhibit H) (red circle added).

26. On January 27, 2017, Printpack Illinois sent Aripack a cease and

desist letter, notifying Aripack of its infringing acts regarding the 649 Patent, and,

inter alia, demanding that Aripack cease those infringing activities. (Exhibit I).

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27. Nevertheless, Aripack continued to infringe the 649 Patent by

making, using, selling, offering for sale, and/or importing into the United States,

the Aripack Pods. For example, Aripacks website reveals that from February 27,

2017 to March 1, 2017, Aripack intended to attend the Pack Expo East trade

show, and to display the Aripack Pods:

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(Exhibit J) (red circle added).

28. As a result of the information displayed on Aripacks website shown

at Exhibit J, on information and belief, Aripack did attend the Pack Expo East

show from February 27, 2017 to March 1, 2017 and committed acts of

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infringement by using, selling, and/or offering for sale the Aripack Pods after

Aripack received the cease and desist letter.

29. On information and belief, the Aripack Pods continue to be sold to the

general public. For example, as of March 24, 2017, the Aripack Pods are still

being offered for sale and sold at The Fresh Market grocery store in Williamsburg,

Virginia.

30. Plaintiffs have suffered damages by reason of Aripacks infringement

of the 649 Patent for which Plaintiffs are entitled to relief under 35 U.S.C. 284

and 289, including enhanced damages due to Aripacks willful infringement, and

Plaintiffs will suffer additional and irreparable damages unless Aripack is enjoined

by this Court from continuing its infringement.

31. Aripacks acts of infringement have caused and continue to cause

irreparable harm to Plaintiffs. Plaintiffs do not have an adequate remedy at law.

DEMAND FOR JURY TRIAL

32. Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs

hereby demand trial by jury as to all issues so triable in this action.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray:

(a) that Aripack be declared to have infringed the patented design claimed

in the 649 Patent;

(b) that the Court order Aripack to disclose the names of its customers,

suppliers, and manufacturers of the Aripack Pod and issue a preliminary and

permanent injunction pursuant to 35 U.S.C. 283 against the continuing

infringement of the 649 Patent by Aripack, its officers, agents, employees,

attorneys, representatives, customers, suppliers, manufacturers, and all others

acting in concert therewith;

(c) that the Court order an accounting for all monies received by or on

behalf of Aripack and all damages sustained by Plaintiffs as a result of Aripacks

aforementioned infringements, that such monies and damages be awarded to

Plaintiffs, and that interest and costs be assessed against Aripack pursuant to 35

U.S.C. 284;

(d) alternatively, with respect to Count I, that the Court order an

accounting of the total profit of Aripack arising from Aripacks aforementioned

infringement of the 649 Patent, and that such total profits be awarded to Plaintiffs

pursuant to 35 U.S.C. 289;

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(e) that the Court find Aripack a willful infringer and award enhanced

damages for up to three times the amount of damages found against Aripack,

pursuant to 35 U.S.C. 284;

(f) that the Court declare this an exceptional case and order that Aripack

pay to Plaintiffs their reasonable attorneys fees and costs, pursuant to 35 U.S.C.

285; and

(g) that the Court award such further and other relief to Plaintiffs as the

Court deems just, together with its costs and disbursements in this action.

Dated: March 28, 2017 Respectfully submitted,

EVERSHEDS SUTHERLAND (US) LLP

/s/ Ann G. Fort

Ann G. Fort (GA Bar No. 269995)


Robert R.L. Kohse (GA Bar No. 863748)
999 Peachtree St. NE, Suite 2300
Atlanta, GA 30309
Telephone: (404) 853-8000
Facsimile: (404) 853-8806
annfort@eversheds-sutherland.com
robkohse@eversheds-sutherland.com

Attorneys for Printpack, Inc. and


Printpack Illinois, Inc.

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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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EXHIBIT F
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EXHIBIT G
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EXHIBIT H
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EXHIBIT H
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EXHIBIT I
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EXHIBIT J
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JS44 (Rev. 11/16 NDGA) Case 1:17-cv-01126-ELRCIVIL
Document
COVER1-11 Filed 03/28/17 Page 1 of 2
SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S) DEFENDANT(S)


Printpack, Inc., and Aripack, Inc.
Printpack Illinois, Inc.

(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED


PLAINTIFF Cobb DEFENDANT
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)

Ann G. Fort, Robert R.L. Kohse


Eversheds Sutherland (US) LLP
999 Peachtree St. NE, Suite 2300, Atlanta, GA 30309
(404) 853-8000 annfort@eversheds-sutherland.com
robkohse@eversheds-sutherland.com

II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES


(PLACE AN X IN ONE BOX ONLY) (PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)

PLF DEF PLF DEF

1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL


PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE

2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL


DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM III)
3 3 CITIZEN OR SUBJECT OF A 6 6 FOREIGN NATION
FOREIGN COUNTRY

IV. ORIGIN (PLACE AN X IN ONE BOX ONLY)


TRANSFERRED FROM MULTIDISTRICT APPEAL TO DISTRICT JUDGE
1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT

MULTIDISTRICT
8 LITIGATION -
DIRECT FILE

V. CAUSE OF ACTIONJURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)

Patent infringement, 35 U.S.C. 1 et seq., including 35 U.S.C. 271.

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties. 6. Problems locating or preserving evidence


2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex 8. Multiple use of experts.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.

CONTINUED ON REVERSE
FOR OFFICE USE ONLY

RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________

JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION______________________


(Referral)
Case 1:17-cv-01126-ELR Document 1-11 Filed 03/28/17 Page 2 of 2
VI. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK SOCIAL SECURITY - "0" MONTHS DISCOVERY
150 RECOVERY OF OVERPAYMENT & 440 OTHER CIVIL RIGHTS TRACK
ENFORCEMENT OF JUDGMENT 441 VOTING 861 HIA (1395ff)
152 RECOVERY OF DEFAULTED STUDENT 442 EMPLOYMENT 862 BLACK LUNG (923)
LOANS (Excl. Veterans) 443 HOUSING/ ACCOMMODATIONS 863 DIWC (405(g))
153 RECOVERY OF OVERPAYMENT OF 445 AMERICANS with DISABILITIES - Employment 863 DIWW (405(g))
VETERAN'S BENEFITS 446 AMERICANS with DISABILITIES - Other 864 SSID TITLE XVI
448 EDUCATION 865 RSI (405(g))
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
120 MARINE IMMIGRATION - "0" MONTHS DISCOVERY TRACK TRACK
130 MILLER ACT 462 NATURALIZATION APPLICATION 870 TAXES (U.S. Plaintiff or Defendant)
140 NEGOTIABLE INSTRUMENT 465 OTHER IMMIGRATION ACTIONS 871 IRS - THIRD PARTY 26 USC 7609
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS PRISONER PETITIONS - "0" MONTHS DISCOVERY OTHER STATUTES - "4" MONTHS DISCOVERY
190 OTHER CONTRACT TRACK TRACK
195 CONTRACT PRODUCT LIABILITY 463 HABEAS CORPUS- Alien Detainee 375 FALSE CLAIMS ACT
196 FRANCHISE 510 MOTIONS TO VACATE SENTENCE 376 Qui Tam 31 USC 3729(a)
530 HABEAS CORPUS 400 STATE REAPPORTIONMENT
REAL PROPERTY - "4" MONTHS DISCOVERY 535 HABEAS CORPUS DEATH PENALTY 430 BANKS AND BANKING
TRACK 540 MANDAMUS & OTHER 450 COMMERCE/ICC RATES/ETC.
210 LAND CONDEMNATION 550 CIVIL RIGHTS - Filed Pro se 460 DEPORTATION
220 FORECLOSURE 555 PRISON CONDITION(S) - Filed Pro se 470 RACKETEER INFLUENCED AND CORRUPT
230 RENT LEASE & EJECTMENT 560 CIVIL DETAINEE: CONDITIONS OF ORGANIZATIONS
240 TORTS TO LAND CONFINEMENT 480 CONSUMER CREDIT
245 TORT PRODUCT LIABILITY 490 CABLE/SATELLITE TV
290 ALL OTHER REAL PROPERTY PRISONER PETITIONS - "4" MONTHS DISCOVERY 890 OTHER STATUTORY ACTIONS
TRACK 891 AGRICULTURAL ACTS
TORTS - PERSONAL INJURY - "4" MONTHS 550 CIVIL RIGHTS - Filed by Counsel 893 ENVIRONMENTAL MATTERS
DISCOVERY TRACK 555 PRISON CONDITION(S) - Filed by Counsel 895 FREEDOM OF INFORMATION ACT
310 AIRPLANE 899 ADMINISTRATIVE PROCEDURES ACT /
315 AIRPLANE PRODUCT LIABILITY FORFEITURE/PENALTY - "4" MONTHS DISCOVERY REVIEW OR APPEAL OF AGENCY DECISION
320 ASSAULT, LIBEL & SLANDER TRACK 950 CONSTITUTIONALITY OF STATE STATUTES
330 FEDERAL EMPLOYERS' LIABILITY 625 DRUG RELATED SEIZURE OF PROPERTY
340 MARINE 21 USC 881 OTHER STATUTES - "8" MONTHS DISCOVERY
345 MARINE PRODUCT LIABILITY 690 OTHER TRACK
350 MOTOR VEHICLE 410 ANTITRUST
355 MOTOR VEHICLE PRODUCT LIABILITY LABOR - "4" MONTHS DISCOVERY TRACK 850 SECURITIES / COMMODITIES / EXCHANGE
360 OTHER PERSONAL INJURY 710 FAIR LABOR STANDARDS ACT
362 PERSONAL INJURY - MEDICAL 720 LABOR/MGMT. RELATIONS OTHER STATUTES - 0" MONTHS DISCOVERY
MALPRACTICE 740 RAILWAY LABOR ACT TRACK
365 PERSONAL INJURY - PRODUCT LIABILITY 751 FAMILY and MEDICAL LEAVE ACT 896 ARBITRATION
367 PERSONAL INJURY - HEALTH CARE/ 790 OTHER LABOR LITIGATION (Confirm / Vacate / Order / Modify)
PHARMACEUTICAL PRODUCT LIABILITY 791 EMPL. RET. INC. SECURITY ACT
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY PROPERTY RIGHTS - "4" MONTHS DISCOVERY

TORTS - PERSONAL PROPERTY - "4" MONTHS


TRACK
820 COPYRIGHTS
* PLEASE NOTE DISCOVERY
DISCOVERY TRACK 840 TRADEMARK TRACK FOR EACH CASE TYPE.
370 OTHER FRAUD SEE LOCAL RULE 26.3
371 TRUTH IN LENDING PROPERTY RIGHTS - "8" MONTHS DISCOVERY
380 OTHER PERSONAL PROPERTY DAMAGE TRACK
385 PROPERTY DAMAGE PRODUCT LIABILITY 830 PATENT

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK


422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157

VII. REQUESTED IN COMPLAINT:


CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY


JUDGE_______________________________ DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

/s/ Robert R.L. Kohse March 28, 2017


SIGNATURE OF ATTORNEY OF RECORD DATE