Flipsy v. TOMY - Complaint

Case: 1:23-cv-00745 Document #: 1 Filed: 02/07/23 Page 1 of 9 PageID #:1
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FLIPSI, LTD.,
Plaintiff,
vs. Case No. 23-cv-00745
TOMY INTERNATIONAL, INC.,
Defendant.
COMPLAINT
Plaintiff Flipsi, Ltd. (“Flipsi”), by and for its Complaint against Defendant TOMY
International, Inc. (“TOMY”), alleges to the Court as follows:
PARTIES, JURISDICTION, AND VENUE
1. Flipsi is a company organized and existing under the laws of the State of Delaware,
with a principal place of business in Ann Arbor, Michigan 48105.
2. Under information and belief, TOMY is a company organized and existing under
the laws of the State of Delaware, with a principal place of business within this District at 2015
Spring Road, Suite 700, Oak Brook, Illinois 60523.
3. This action includes a claim for design patent infringement arising out of TOMY’s
unauthorized importing, manufacturing, offering for sale, and selling baby bottle inserts in
violation of Flipsi’s patent rights. Because this is an action for infringement under the patent laws
of the United States, 35 U.S.C. § 271, et seq., this Court has subject matter jurisdiction pursuant
to 28 U.S.C. §§ 1331 and 1338(a).

4. This Court has personal jurisdiction over TOMY in that, at all times pertinent
hereto, upon information and belief, TOMY is doing business and has systematic activities in this
District and is committing infringing acts in Illinois and this District. More specifically, upon
information and belief, at a minimum, TOMY offers for sale and sells baby bottle inserts, including
the accused infringing inserts, online and through retail outlets in this District.
5. This action also includes a claim for breach of contract arising out of TOMY’s
violation of the parties’ October 17, 2016 Mutual Confidentiality Agreement (“MCA”). TOMY’s
breach of contract is so related to TOMY’s design patent infringement that they form part of the
same case or controversy under Article III of the United States Constitution. This Court therefore
has supplemental jurisdiction over Flipsi’s breach of contract claim. 28 U.S.C. § 1367(a).
6. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and
1400(b) because the Northern District of Illinois is where TOMY resides and/or this District is
where TOMY has committed acts of infringement and has a regular and established place of
business. Furthermore, the MCA provides that any action to enforce its terms shall be filed in the
State of Illinois.
FLIPSI’S INNOVATIVE BOTTLE DESIGN AND THE PATENT-IN-SUIT
7. Flipsi repeats and realleges all paragraphs above as if fully set forth herein.
8. Flipsi is a family-owned business that designs and sells reusable baby bottles,
including bottle inserts.
9. Upon their introduction in 2016, Flipsi’s fully reversible bottles were an immediate
hit, drawing the attention of numerous journalists, bloggers, and competitors.
10. Flipsi owns various intellectual property directed to its innovative baby bottles,
including United States Design Patent No. D890,574 (the “’574 patent”).
2
11. To the extent required, Flipsi has complied with all marking requirements under 35
U.S.C. § 287.
12. The ’574 patent, entitled “Beverage Container Insert,” was duly and legally issued
to Flipsi by the United States Patent and Trademark Office on July 21, 2020. The application that
led to the ’574 patent was filed May 28, 2019 and claims priority to United States Design Patent
No. D779,882, which was filed on September 3, 2015. A true and correct copy of the ’574 patent
is attached hereto as Exhibit 1.
TOMY SOLICITED FLIPSI TO COLLABORATE ON A BABY BOTTLE
14. In and around October 2016, TOMY, without any contact from Flipsi, reached out
and advised Flipsi that TOMY was impressed with Flipsi’s products and approached Flipsi about
a potential collaboration to produce a baby bottle including an insert with design features similar
to those described in the ’574 patent and other Flipsi intellectual property. This was an unsolicited
request by TOMY.
15. On or around October 17, 2016, Flipsi and TOMY entered into the MCA in
anticipation of collaborating on a baby bottle design. The MCA is attached hereto as Exhibit 2.
16. On or around October 27, 2016, the principals of Flipsi met with TOMY marketing
and design representatives from TOMY’s BOON product line to discuss various Confidential
Information, as defined in the MCA, including, but not limited to sharing confidential design
modifications and selling features of Flipsi’s products. During this meeting, TOMY advised Flipsi
that if TOMY were to design a baby bottle, TOMY would want it to look just like Flipsi’s baby
bottles. In follow-up to this meeting, TOMY requested a listing of Flipsi’s intellectual property.
17. On or around October 28, 2016, subject to the MCA, Flipsi shared with TOMY
potential contemplated design modifications of the Flipsi baby bottle, selling features of the Flipsi
3
baby bottle, and a complete list of Flipsi’s intellectual property, including its pending utility and
design patents and trademarks.
18. On or around March 8, 2017, following multiple unanswered inquiries from Flipsi
inquiring about next steps for the collaboration, TOMY notified Flipsi that TOMY “decided to go
in a different product direction” and that TOMY would no longer be exploring a collaboration with
Flipsi.
19. On or about March 28, 2018 Flipsi learned of TOMY’s line of BOON NURSH
bottle inserts, which infringe the ’574 patent and are sold, marketed and advertised improperly
using confidential information Flipsi shared with TOMY subject to the MCA.
COUNT I – PATENT INFRINGEMENT
21. The ’574 patent is valid and enforceable.
22. Flipsi is the assignee and owner of the ’574 patent, and it has all necessary rights to
enforce the ’574 patent and to receive all damages and the benefits of all other remedies for
TOMY’s infringement.
23. Without permission or authorization from Flipsi and in violation of 35 U.S.C.
§ 271(a), TOMY is making, selling, offering for sale, importing, and/or using in this District and
elsewhere in the United States, certain baby bottle inserts, which are at least sold at amazon.com,
including, but not limited to NURSH reusable silicone pouches having item numbers B11230,
B11231, B11347, B11346, B11227, B11228, B11229, B11343, B11224, B11225, B11226,
B11341, B11522, B11526, B11557, B11330, and any other similarly configured, products
(collectively, the “Infringing TOMY Bottle Inserts,” as depicted in Exhibit 3 hereto), that infringe
the ’574 patent.
4
’574 patent, Figure 1 Infringing TOMY Bottle Inserts (e.g.,

B11230)
24. The Infringing TOMY Bottle Inserts contain each and every aspect of the claimed
ornamental design in the ’574 patent.
25. The Infringing TOMY Bottle Inserts have an overall appearance that is confusingly
similar to the claimed design in the ’574 patent. More specifically, the Infringing TOMY Bottle
Inserts violate the ’574 patent because they have a top lip and sidewall profile that are confusingly
similar to the claimed design in the ’574 patent.
26. The Infringing TOMY Bottle Inserts have an overall appearance that is
substantially the same as the claimed design in the ’574 patent.
27. Since at least September 14, 2020, TOMY has had notice of the ’574 patent and
Flipsi’s infringement allegations relating to the ’574 patent. On that date, Flipsi sent TOMY a copy
of the ’574 patent and detailed the bases for Flipsi’s infringement allegations. TOMY did not
respond to the September 14, 2020 letter or Flipsi’s follow-up letter from October 1, 2020.
5
28. TOMY’s infringement of the ’574 patent has been and continues to be willful.
29. Upon information and belief, TOMY has by its aforementioned infringement of the
‘574 patent unlawfully derived substantial profits and gains that Flipsi would otherwise have
received.
30. TOMY’s conduct has caused and will continue to cause Flipsi substantial damage,
including irreparable harm, for which Flipsi has no adequate remedy at law, unless and until
TOMY is enjoined from infringing the ’574 patent.
Wherefore, Flipsi respectfully prays for entry of a judgment and relief as follows:
• For a judgment that TOMY has infringed the ’574 patent;
• For a preliminary and permanent injunction enjoining TOMY and its agents,
officers, directors, employees, and all persons in privity or active concert or
participation with them, directly or indirectly, from infringing the ’574 patent;
• For a judgment and award that TOMY account for and pay to Flipsi damages,
consistent with 35 U.S.C. § 284, which are damages adequate to compensate for
TOMY’s infringement of the ’574 patent, including lost profits but in no event less
than a reasonable royalty and total profits pursuant to 35 U.S.C. § 289;
• For a judgment and award of any supplemental damages sustained by Flipsi for any
continuing post-verdict infringement of the ’574 patent until entry of final judgment
with an accounting as needed;
• For a finding that TOMY’s infringement is willful and an award of increased
damages for willful infringement pursuant to 35 U.S.C. § 284;
6
• For an order finding that this case is exceptional case under 35 U.S.C. § 285 and
awarding Flipsi its costs, expenses, and disbursements incurred in this action,
including reasonable attorneys’ fees as available by law to be paid by TOMY;
• For an award of pre-judgment interest, post-judgment interest, and costs in this
action; and
• For an award of such other relief to Flipsi as this Court deems just and proper.
COUNT II – BREACH OF CONTRACT
32. Flipsi and TOMY entered into the MCA in contemplation of the disclosure of
proprietary confidential information to one another in furtherance of discussions for a project of
mutual business interest.
33. The MCA, ¶ 1, provides the following regarding “Confidential Information”:
Confidential Information as used in this Agreement shall include:

product development information including but not limited to,
product ideas, product concepts, product design, product prototypes,
inventions, trade secrets, copyrights, trademarks, patent, patent
applications, sketches, drawings, models, and other artworks,
specifications, research, research results and analysis; financial
information including but not limited to, business forecasts, profit
and loss statements, balance sheets, investor information; and
marketing information including but not limited to, sales and
marketing forecasts, marketing plans, customer lists, marketing
strategies; and manufacturing information including but not limited
to, processes, formulas, engineering studies, specifications,
procurement requirements, identification of current or prospective
manufacturing or supply sources. Confidential Information shall
include all information not in the public domain communicated by
either party either orally, by document, or in any visual, audible, or
electronic format.
7
34. The MCA, ¶ 2, precludes each party from disclosing Confidential Information to
any employees, unless such disclosure is necessary in order to properly evaluate the Confidential
Information.
35. Pursuant to the MCA, Flipsi disclosed various Confidential Information, as defined
in the MCA, to TOMY, including, but not limited to, product development information, patents,
patent applications, research, and marketing information.
36. TOMY took Flipsi’s Confidential Information and improperly utilized it to create
its line of BOON NURSH bottle inserts.
37. In doing so, TOMY substantially and materially breached the MCA, including, but
not limited to, by improperly disclosing Flipsi’s Confidential Information to various TOMY
employees to research, develop, design, market, and sell the infringing BOON NURSH bottle
inserts.
38. Based on TOMY’s material and substantial breach of the MCA, TOMY is
depriving Flipsi of the essential purpose and benefit of the MCA, which Flipsi reasonably
anticipated when entering into the MCA.
39. Flipsi has been damaged and continues to be damaged by TOMY’s breach of the
MCA.
40. Flipsi has at all times complied with its obligations under the MCA.
Wherefore, Flipsi respectfully prays for entry of a judgment and relief in its favor and
against TOMY for an amount in excess of $75,000, injunctive relief, and award Flipsi all costs and
attorney fees and such other relief that this Court deems just.
8
DEMAND FOR JURY TRIAL
Flipsi demands a trial by jury on all issues so triable.
Dated: February 7, 2023 Respectfully submitted,
/s/ Jaye Quadrozzi

Jaye Quadrozzi
YOUNG, GARCIA & QUADROZZI, PC
27725 Stansbury Blvd., Suite 125
Farmington Hills, MI 48334
Tel: (248) 353-8620
Email: quadrozzi@youngpc.com
9
Case: 1:23-cv-00745 Document #: 1-1 Filed: 02/07/23 Page 1 of 10 PageID #:10
COMPLAINT
Exhibit 1
United States Design Patent No. D890,574

I 1111111111111111 111111111111111 11111 11111 111111111111111 IIIIIII II IIIII IIII
US00D890574S
c12) United States Design Patent c1O) Patent No.: US D890,574 S

Plott et al. (45) Date of Patent: ** Jul. 21, 2020
(54) BEVERAGE CONTAINER INSERT 3,760,972 A 9/1973 McKirnan

3,784,052 A * 1/1974 Edwards . B65D 1/265
(71) Applicant: Flipsi, Ltd., Clay, MI (US) 206/520
3,854,583 A * 12/1974 Amberg ................ B29C 61/025
(72) Inventors: Jeffrey S. Plott, Clay, MI (US); 206/520
D260,078 S 8/1981 Casoni
Christopher J. Plott, Dexter, MI (US) D288,515 S * 3/1987 Rirnrneir ........ D7/584
D302,403 S 7/1989 Heras
(73) Assignee: FLIPSI, LTD., Clay, MI (US) D304,988 S 12/1989 Omile
D305,470 S * 1/1990 Yoshikawa .................... D3/314
(**) Term: 15 Years D312,968 S 12/1990 Wolff
D328,429 S 8/1992 Ben-Uri
(21) Appl. No.: 29/692,599 (Continued)
(22) Filed: May 28, 2019 OTHER PUBLICATIONS
Related U.S. Application Data https://youtu.be/MLibO-eHQyQ ShakeSphere (Year: 2018). *

(60) Continuation of application No. 29/639,041, filed on Primary Examiner - Jae Liang
Mar. 2, 2018, which is a division of application No.
(74) Attorney, Agent, or Firm - Foley & Lardner LLP
29/594,428, filed on Feb. 17, 2017, now Pat. No. Des.
811,814, which is a division of application No.
29/538,499, filed on Sep. 3, 2015, now Pat. No. Des. (57) CLAIM
779,882.
(51) LOC (12) Cl. ............................................... 07-01 We claim the ornamental design for a beverage container
insert, as shown and described.
(52) U.S. Cl.
USPC ............................................. D71523; D71532
( 58) Field of Classification Search DESCRIPTION
USPC ........ D71509, 510, 511, 523, 529, 532, 530,
D7/531, 533, 536, 318, 319, 507, 524, FIG. 1 is a top, front, right perspective view of a beverage
D7/392.1, 396.2, 300.2; D91503, 504, container insert showing our new design;
D91440, 449, 450, 609, 601, 435, 436, FIG. 2 is a front elevation view thereof;
D9/684, 688, 728, 686, 443, 439, 424, FIG. 3 is a rear elevation view thereof;
D91425; D31202; D34/1; D19/85 FIG. 4 is a right side elevation view thereof;
CPC ................ A47G 19/22; A47G 19/2288; A47G FIG. 5 is a left side elevation view thereof;
19/2205; A47G 19/2272; B65D 1/265; FIG. 6 is a top plan view thereof; and,
A47J 41/0077; A47J 41/0088; A47J FIG. 7 is a bottom plan view thereof.
41/028 The ornamental design which is claimed is shown in solid
See application file for complete search history. lines in the drawings. The broken lines in the drawings form
no part of the claimed design. Broken lines formed by equal
(56) References Cited length dashes show unclaimed subject matter. Broken lines
U.S. PATENT DOCUMENTS formed of unequal length dashes (i.e., dash-dot) define
bounds of the claimed design.
2,071,399 A 2/1937 Gambell
D140,658 S 3/1945 Erbe 1 Claim, 7 Drawing Sheets
US D890,574 S
Page 2
(56) References Cited D655,618 S 3/2012 Oates

D656,697 S * 3/2012 McNeil. D32/53
U.S. PATENT DOCUMENTS D663,038 S 7/2012 Enghard
8,215,601 B2 7/2012 Downs
D345,716 S * 4/1994 Kwiatkowski . Dll/131.1 D669,353 S 10/2012 Cohen
D362,998 S 10/1995 Muller D669,751 S 10/2012 Kent
D364,358 S 11/1995 Bransky D674,276 S 1/2013 Cohen
D371,963 S 7/1996 Ahern, Jr. D686,041 S 7/2013 Sanders
D379,429 S 5/1997 Weiss D686,740 S 7/2013 Boonprasop
D399,453 S * 10/1998 Durbin. Dll/152 D690,169 S * 9/2013 Zorovich D7/672
D419,370 S 1/2000 Busick D692,765 S 11/2013 Oates
6,053,363 A 4/2000 Revenu D692,766 S 11/2013 Oates
D436,038 S 1/2001 Ruiz De Gopegui D698,090 S 1/2014 Smith
6,332,704 Bl 12/2001 Gasser D699,996 S 2/2014 De Loe
6,543,637 Bl 4/2003 Osborn D719,829 S * 12/2014 Ferber . D91503
D475,243 S * 6/2003 Trazzi D7/523 D722,829 S * 2/2015 Valderrama . D7/523
D477,184 S 7/2003 Latapi D724,906 S 3/2015 Kent
6,644,846 B2 11/2003 Willat D727,090 S 4/2015 St. Jacques
D490,582 S * 5/2004 Dretzka D34/1 D730,694 S 6/2015 Elsaden
D501,361 S 2/2005 Tollman D732,895 S * 6/2015 McClellan D7/529
D508,187 S 8/2005 Dais 9,049,951 B2 6/2015 Keys
D511,458 S 11/2005 Dunwoody D740,072 S 10/2015 Eyal
D512,631 S * 12/2005 Lhoste D7/545 D740,073 S * 10/2015 Zorovich D7/507
D528,863 S 9/2006 Hayes D740,610 S 10/2015 Eyal
D532,689 S * 11/2006 Rotta D9/611 D753,482 S 4/2016 Serrano
D535,520 S 1/2007 Cundieff D755,016 S 5/2016 Vaderrama
D537,882 S * 3/2007 McKnight. Dl9/85 D756,771 S * 5/2016 Covey D7/400
D538,939 S 3/2007 Conaway D760,541 S 7/2016 Kane
D545,674 S * 7/2007 Miselli. D91500 D764,231 S 8/2016 Szymanski
D547,606 S 7/2007 Forsman D767,331 S 9/2016 Burrows
D547,653 S 7/2007 Wong D769,370 S 10/2016 Moeck
D548,587 S 8/2007 Duval D771,434 S 11/2016 Burrows
D552,422 S 10/2007 Dretzka D771,525 S 11/2016 Kim
D556,568 S 12/2007 Duval D772,013 S * 11/2016 O'Connor D7/509
D559,493 S * 1/2008 Dretzka Dl9/85 D777,519 S * 1/2017 Levy. D7/509
D572,130 S 7/2008 Campbell D779,875 S 2/2017 Gross
D577,260 S * 9/2008 Bodum ...................... D71509 D779,882 S 2/2017 Plott
D581,737 S 12/2008 Starck D781,653 S * 3/2017 Matthis . D7/300.2
D582,724 S 12/2008 Dretzka D789,157 S 6/2017 Esposito
D595,982 S 7/2009 Krus D791,534 S * 7/2017 Bueno . D7/400
D596,034 S 7/2009 Rauschert D811,814 S 3/2018 Plott
D601,429 S 10/2009 Handy 9,950,731 B2 4/2018 Kim
D602,739 S 10/2009 Fairfield D826,372 S 8/2018 Shores
D607,727 S * 1/2010 Takata D9/428 D829,508 S 10/2018 Bergstrom
D608,589 S 1/2010 Ingman D835,510 S * 12/2018 Arora . D91505
D610,873 S * 3/2010 Wingfield D7/505 D836,985 S 1/2019 Otto
D615,356 S 5/2010 Hillebrenner D873,076 S * 1/2020 Pan D7/523
D620,791 S 8/2010 Grajcar D873,077 S * 1/2020 Pan D7/523
D622,548 S * 8/2010 Jensen D7/509 2004/0262321 Al* 12/2004 Takeda .................... B29B 11/08
D625,562 S 10/2010 McClellan 220/675
D634,165 S 3/2011 Yang 2008/0190948 Al 8/2008 Sayasithsena
D635,823 S 4/2011 Mauffette 2014/0305943 Al 10/2014 Plott
D644,334 S 8/2011 Py
D648,185 S 11/2011 Sanders
D651,513 S 1/2012 Baker * cited by examiner
U.S. Patent Jul. 21, 2020 Sheet 1 of 7 US D890,574 S
... - . -.
FIG. 1

FIG. 3
I ii
FIG. 4
i Ii


COMPLAINT
Exhibit 2
Mutual Confidentiality Agreement, dated October 17, 2016

MUTUAL CONFIDENTIALITY AGREEMENT
This Agreement is entered into this 14th day of October • 201.§, between
th
TOMY International, Inc. and its affiliates whose address is 202 l 9 Street SE, Dyersville, Iowa
52040 and Flipsi, Ltd. whose address is
1017 Oakland Ave., Ann Arbor, Ml 48104
WHEREAS, each party contemplates the disclosure of proprietary confidential

infonnation (as said Confidential Information is hereinafter defined) to the other pursuant to
discussions for a project of mutual business interest,
WHEREAS, it is the intention of the parties that the Confidential Information be

maintained by each party in confidence and not disclosed to others pursuant to the terms hereof,
and
NOW, THEREFORE, in consideration of the mutual covenants set forth below, the
parties agree as follows:
1. Confidential Information as used in this Agreement shall include: product

development information including but not limited to, product ideas, product
concepts, product design, product prototypes, inventions, trade secrets, copyrights,
trademarks, patent, patent applications, sketches, drawings, models, and other
artworks, specifications, research, research results and analysis; financial information
including but not limited to, business forecasts, profit and loss statements, balance
sheets, investor information; and marketing information including but not limited to,
sales and marketing forecasts, marketing plans, customer lists, marketing strategies;
and manufacturing information including but not limited to, processes, formulas,
engineering studies, specifications, procurement requirements, identification of
current or prospective manufacturing or supply sources. Confidential Information
shall include all information not in the public domain communicated by either party
either orally, by document, or in any visual, audible, or electronic format.
2. Each party may, in furtherance of the purposes of this Agreement, disclose the
Confidential Information to those employees to whom such disclosure is necessary in
order to properly evaluate the Confidential Information. Each employee who receives
any Confidential Information shall execute an agreement for the purpose of limiting
said employee's disclosure of Confidential Information in a manner consistent with
the restrictions imposed by the terms of this Agreement.
3. Each party agrees to treat all Confidential Information of the other party in the
strictest confidence, to use a degree of care it would accord its own Confidential
Information, but in no event should a party exercise less than reasonable care to
protect the Confidential Information communicated under this Agreement. Each of
the parties further agrees that it shall not disclose any Confidential Information of the
other party to any third party and that it shall use its best efforts to prevent inadvertent
disclosure of such Confidential Infonnation.
4. Confidential Infonnation shall not include infonnation which:
A. the recipient of such Confidential Infonnation can reasonably demonstrate was

already lawfully known to such recipient, prior to disclosure, free of any prior
obligation of confidentiality or, in the case of any document, was lawfully in the
receiving party's possession from a source other than the disclosing party before
receipt from the disclosing party;
B. is in the public domain through no wrongful act of the receiving party;
C. is obtained in good faith by the receiving party from a third party who was
lawfully in possession of such information without breach of any obligation of
confidentiality;
D. was demonstrably and independently developed by the receiving party, without

reference to Confidential Information received hereunder; and
E. is required to be disclosed pursuant to judicial action or government regulation,

provided the other party is notified at least thirty (30) days prior to such
disclosure. In such case, each party agrees to reasonably cooperate with the party
whose Confidential Information is to be disclosed elects to legally contest such
disclosure.
Provided, in the event information is obtained or developed pursuant to paragraphs C.

or D. above, the receiving party shall immediately identify any infonnation which the
receiving party believes will lose its protection under this Agreement and notify the
disclosing party accordingly.
5. All materials, provided to one party by the other, including copies, shall remain the
property of the providing party and all materials, including copies, shall be
immediately returned to the providing party upon the earlier of: completion of the
party's review; request for return by the providing party; or expiration of reasonable
time to meet the purposes of this Agreement
6. The parties shall not acquire any license, grant, assignment, or other transfer of any
intellectual or other property rights of the other pursuant to this Agreement. Neither
party has an ob]igation under this Agreement to purchase any product or service from
the other party, nor to enter into any further agreement with the other party.
7. This Agreement is entered into for the limited purpose of protecting dissemination of
information relating to Confidential Matters. Nothing herein shall be construed to
create an agreement for purchase, merger, partnership, joint venture, agency, or any
other purpose or relationship.
8. This Agreement shall include infonnation exchanged or provided by either party,

pursuant to the purposes identified above, and shall continue indefinitely subject to
termination only by the tenns of Paragraph 4 above.
9. The parties each acknowledge that monetary damages would be difficult to ascertain,
and would not provide a satisfactory remedy to a party if Confidential Information
were disclosed. Accordingly, a party who believes its Confidential Information was
or is threatened to be disclosed shall be entitled to obtain a preliminary restraining
order, preliminary injunction, permanent injunction, and/or other appropriate relief as
may be required to enforce this Agreement. Public disclosure by a party seeking
remedy for alleged breach of this Agreement shall not be deemed inconsistent with
the purpose of this Agreement and shall not bar or otherwise effect right to relief
hereunder. Each party agrees that, in the event of action to enforce the terms hereof,
a party shall request a protective order, and that the court records in any said action to
be sealed and otherwise secured against public disclosure.
I0. This Agreement shall be governed and interpreted according to the laws of the State
of Illinois, and any action to enforce the terms hereof shall be filed in the State of
Illinois.
The parties to this Agreement execute this Mutual Confidentiality Agreement on the date
set forth above, and by their execution agree to abide by the terms of the Agreement and to bind
their successors in interest to the terms hereof.
AGREED AND ACCEPTED
Flipsi, Ltd.
Company Name ~
By: ~ /
Name: Jeffrey Plott
Title: Chairman & CTO
Date: 10/13/2016
COMPLAINT
Exhibit 3
Infringing TOMY Bottle Inserts

TOMY Model # B11230

TOMY Model # B11231

TOMY Model # B11347

TOMY Model # B11346

TOMY Model # B11227

TOMY Model # B11228

TOMY Model # B11229

TOMY Model # B11343

TOMY Model # B11224

TOMY Model # B11225

TOMY Model # B11226

TOMY Model # B11341

TOMY Model # B11522

TOMY Model # B11526

TOMY Model # B11557

TOMY Model # B11330

Flipsy v. TOMY - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Flipsy v. TOMY - Complaint

Uploaded by

Copyright:

Available Formats

Case: 1:23-cv-00745 Document #: 1 Filed: 02/07/23 Page 1 of 9 PageID #:1

UNITED STATES DISTRICT COURT

vs. Case No. 23-cv-00745

TOMY INTERNATIONAL, INC.,

International, Inc. (“TOMY”), alleges to the Court as follows:

PARTIES, JURISDICTION, AND VENUE

with a principal place of business in Ann Arbor, Michigan 48105.

Spring Road, Suite 700, Oak Brook, Illinois 60523.

to 28 U.S.C. §§ 1331 and 1338(a).

FLIPSI’S INNOVATIVE BOTTLE DESIGN AND THE PATENT-IN-SUIT

including bottle inserts.

hit, drawing the attention of numerous journalists, bloggers, and competitors.

is attached hereto as Exhibit 1.

TOMY SOLICITED FLIPSI TO COLLABORATE ON A BABY BOTTLE

design patents and trademarks.

COUNT I – PATENT INFRINGEMENT

21. The ’574 patent is valid and enforceable.

23. Without permission or authorization from Flipsi and in violation of 35 U.S.C.

the ’574 patent.

’574 patent, Figure 1 Infringing TOMY Bottle Inserts (e.g.,

ornamental design in the ’574 patent.

similar to the claimed design in the ’574 patent.

substantially the same as the claimed design in the ’574 patent.

TOMY is enjoined from infringing the ’574 patent.

• For a judgment that TOMY has infringed the ’574 patent;

officers, directors, employees, and all persons in privity or active concert or

than a reasonable royalty and total profits pursuant to 35 U.S.C. § 289;

with an accounting as needed;

• For a finding that TOMY’s infringement is willful and an award of increased

damages for willful infringement pursuant to 35 U.S.C. § 284;

including reasonable attorneys’ fees as available by law to be paid by TOMY;

• For an award of pre-judgment interest, post-judgment interest, and costs in this

COUNT II – BREACH OF CONTRACT

proprietary confidential information to one another in furtherance of discussions for a project of

mutual business interest.

33. The MCA, ¶ 1, provides the following regarding “Confidential Information”:

Confidential Information as used in this Agreement shall include:

patent applications, research, and marketing information.

its line of BOON NURSH bottle inserts.

anticipated when entering into the MCA.

DEMAND FOR JURY TRIAL

Flipsi demands a trial by jury on all issues so triable.

Dated: February 7, 2023 Respectfully submitted,

/s/ Jaye Quadrozzi

United States Design Patent No. D890,574

c12) United States Design Patent c1O) Patent No.: US D890,574 S

(54) BEVERAGE CONTAINER INSERT 3,760,972 A 9/1973 McKirnan

(22) Filed: May 28, 2019 OTHER PUBLICATIONS

Related U.S. Application Data https://youtu.be/MLibO-eHQyQ ShakeSphere (Year: 2018). *

(56) References Cited D655,618 S 3/2012 Oates

U.S. Patent Jul. 21, 2020 Sheet 1 of 7 US D890,574 S

U.S. Patent Jul. 21, 2020 Sheet 2 of 7 US D890,574 S

U.S. Patent Jul. 21, 2020 Sheet 3 of 7 US D890,574 S

U.S. Patent Jul. 21, 2020 Sheet 4 of 7 US D890,574 S

U.S. Patent Jul. 21, 2020 Sheet 5 of 7 US D890,574 S

U.S. Patent Jul. 21, 2020 Sheet 6 of 7 US D890,574 S

U.S. Patent Jul. 21, 2020 Sheet 7 of 7 US D890,574 S

Mutual Confidentiality Agreement, dated October 17, 2016

MUTUAL CONFIDENTIALITY AGREEMENT

WHEREAS, each party contemplates the disclosure of proprietary confidential

WHEREAS, it is the intention of the parties that the Confidential Information be

1. Confidential Information as used in this Agreement shall include: product

4. Confidential Infonnation shall not include infonnation which:

A. the recipient of such Confidential Infonnation can reasonably demonstrate was