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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS BUTLER HOME PRODUCTS, LLC ) ) Plaintiff, ) ) ) ) ) Defendant.

) ) )

v. THE LIBMAN COMPANY

CIVIL ACTION NO.: JURY TRIAL DEMANDED

COMPLAINT Plaintiff Butler Home Products LLC (Butler), by and through its attorneys, hereby alleges for its complaint against The Libman Company (Libman) as follows: THE PARTIES 1. Butler is a limited liability corporation organized and existing under the laws

of the State of Delaware, with a principal place of business at 237 Cedar Hill Street, Marlborough, Massachusetts. 2. Upon information and belief, Libman is a corporation organized and existing

under the laws of the State of Illinois with a place of business at 220 North Sheldon, Arcola, Illinois. JURISDICTION AND VENUE 3. This action arises under the patent laws of the United States, Title 35 of the

United States Code. 4. This Court has subject matter jurisdiction over the federal claims alleged

herein pursuant to 28 U.S.C. 1331 and 1338(a).

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Venue is proper in this District, pursuant to 28 U.S.C. 1391 and 1400(b). FIRST CLAIM FOR RELIEF (Infringement of U.S. Patent No. 8,087,121)

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Butler incorporates by reference herein the allegations of paragraphs 1-6 as if

fully set forth herein. 7. Butler is the assignee of U.S. Patent No. 8,087,121 entitled Mop (the 121

patent). A copy of the 121 patent is attached as Exhibit A to this Complaint. 8. The 121 patent describes and claims, inter alia, a disposable liquid

absorbing cleaning pad for a roller mop. 9. Upon information and belief, Libman is infringing and has infringed Butlers

patent rights under the 121 patent, and is contributing to and is inducing, and has contributed to and has induced, the infringement thereof by others, by making, using, offering to sell and/or selling its Eliminator Roller Mop, Product No. 02028, and its Eliminator Roller Mop Refill, Product No. 02029. 10. Upon information and belief, Libman will continue to infringe the 121

patent by making, using, offering to sell and/or selling products covered by one or more claims of the 121 patent. 11. Upon information and belief, Libman will continue to infringe the 121

patent unless and until it is enjoined by this Court to stop the infringement. 12. Upon information and belief, Libmans infringement of the 121 patent has

been and continues to be taking place with full knowledge of the 121 patent. 13. Upon information and belief, Libmans infringement of the 121 patent has

been and continues to be willful.

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14. 15. 16.

Butler has and will be damaged and harmed by Libmans activities. Butler will be irreparably harmed unless Libmans activities are enjoined. Butler has no adequate remedy at law.

DEMAND FOR JURY TRIAL Plaintiff Butler Home Products, LLC respectfully requests a trial by jury pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, of any and all issues triable of right or operation of law or statute by a jury.

PRAYER FOR RELIEF WHEREFORE, Plaintiff Butler Home Products requests that Judgment against Defendant The Libman Company be entered as follows: A. B. Judgment for Butler that the 121 patent is infringed by Libman; Judgment against Libman, its officers ,agents, servants, employees, attorneys,

and/or those persons in active concert or participation with any of them, preliminarily and permanently restraining and enjoining such officers, agents, servants, employees, attorneys, and/or persons in active concert or participation with any of them from directly or indirectly infringing the 121 patent; C. Libman be ordered to send written notification to their customers of their

infringing activities, advising of the entry of the injunction and order set forth above.; D. An accounting and judgment for damages resulting from Libmans

infringement of the 121 patent pursuant to 35 U.S.C. 284; E. Judgment for treble damages pursuant to 35 U.S.C. 284; 3
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F.

Judgment for Butler assessing pre-judgment and post-judgment interest and

costs against Libman, together with an award of such interest and costs, pursuant to 35. U.S.C. 284; G. Judgment for Butler awarding attorneys fees and costs incurred in

connection with this lawsuit pursuant to 35 U.S.C. 285; and H. Such other relief as the court may deem just and proper.

Dated: January 3, 2012

BUTLER HOME PRODUCTS LLC, By its Attorneys, /s/Lori J. Shyavitz Lori J. Shyavitz, BBO # 650172 McCarter & English LLP 265 Franklin Street Boston, MA 02110 Telephone: (617) 449-6500 Facsimile: (617) 607-9200 E-mail: lshyavitz@mccarter.com

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