IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GRACO CHILDRENS PRODUCTS

INC. Plaintiff, v. KIDS II, INC. Defendant. ) ) ) ) ) ) ) ) ) )

Civil Action No. ________________

JURY TRIAL DEMANDED

COMPLAINT Plaintiff Graco Childrens Products Inc. (Graco) hereby files this Complaint against Defendant Kids II, Inc. (Kids II) and avers as follows: NATURE OF THE ACTION 1. This is an action for patent infringement under the patent laws of the

United States, Title 35, United States Code. 2. Graco, a leading provider of childrens products, has a tradition of

innovation. For example, Graco invented the worlds first wind-up infant swing and the first product that allowed for an infant car seat to be readily inserted into or removed from a stroller. 3. In keeping with that tradition, Graco invented a novel folding child

play pen that supports a bassinet and changing table over the child play area.

Graco obtained a patent directed to the numerous inventions in its play pens, including U.S. Patent No. 6,735,796 (the 796 Patent). 4. Kids II currently offers and has offered a folding child play pen

product under the designation InGenuity Deluxe Washable Play Yard with Dream Centre (the InGenuity playard product) that supports a bassinet and changing table. The InGenuity playard product is available at various retailers including, for example, Babies R Us. 5. By making, using, offering for sale or selling the InGenuity playard

product, Kids II is infringing one or more claims of the 796 Patent. Graco seeks preliminary and permanent injunctive relief, and monetary relief. Moreover, given the circumstances of such infringement, the present case is exceptional and Graco is entitled to enhanced damages and an award of its attorneys fees. PARTIES 6. Graco is a Delaware corporation with a place of business at 3

Glenlake Parkway, Atlanta, Georgia 30328. 7. On information and belief, Kids II is a Georgia corporation with a

place of business at 3333 Piedmont Road, Suite 1800, Atlanta, Georgia 30305. JURISDICTION AND VENUE 8. This is an action under the patent laws of the United States, 35 U.S.C. 2

 1 et seq. 9. This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. 1331 and 1338(a) because this Complaint includes a cause of action for patent infringement under the laws of the United States, 35 U.S.C. 1 et seq. 10. This Court has personal jurisdiction over Kids II consistent with the

principles underlying the United States Constitution because, upon information and belief, Kids II is doing business and has done business in the State of Georgia and in this District, or is otherwise a resident of this jurisdiction. 11. Venue is proper in this District pursuant to 28 U.S.C. 1391. FACTUAL BACKGROUND Gracos Products and Patent Rights 12. Graco invests substantial time and effort in the research and

development of new products. The Graco research and development staff has developed a wide range of childrens products, including, for example, infant swings, car seats, strollers, play pens, and high chairs. Graco has a tradition of innovation that is reflected in such products. 13. Graco, through its research and development staff, invented a novel

folding child play pen that supports a bassinet and changing table over the child play area. 14. Graco has commercialized its foldable child play pen by offering such 3

play pens for sale in Georgia and elsewhere. 15. Graco has obtained and owns patents directed to the inventions

embodied in its folding child play pen. 16. On May 18, 2004, after a full and fair examination, the United States

Patent and Trademark Office issued United States Patent No. 6,735,796, entitled COMBINATION FOLDING PLAY PEN WITH CHANGING TABLE AND BASSINET. A true and correct copy of the 796 Patent is attached hereto as Exhibit A. Graco owns all right, title, and interest to the 796 Patent, including the right to sue for infringement thereof. Kids IIs Infringing Products 17. On information and belief, Kids II provides childrens products under

the designation InGenuity. 18. Kids II has offered and continues to offer for sale the InGenuity

playard product, including at retail establishments such as Babies R Us. Exhibit B is a true and correct copy of a page from the Babies R Us website showing the InGenuity playard product. Kids II advertises the InGenuity playard product on its website as providing a play pen with a bassinet and changing table that quickly fold[s] for portability. Exhibit C is a true and correct copy of a page from the Kids II website showing the InGenuity playard product. 4

19.

The InGenuity playard product infringes one or more claims of United

States Patent No. 6,735,796. 20. On information and belief, Kids II has purposefully, actively and

voluntarily offered for sale and sold the InGenuity playard product with the expectation that it would be purchased or used by consumers in Georgia and elsewhere. By such acts, Kids II has injured Graco and is thus liable to Graco for infringement of the Graco Patents pursuant to 35 U.S.C. 271. COUNT I PATENT INFRINGEMENT 21. The allegations contained in paragraphs 1-20 above are incorporated

by reference as if fully set forth herein. 22. The 796 Patent, entitled COMBINATION FOLDING PLAY PEN

WITH CHANGING TABLE AND BASSINET, was duly and properly issued to Graco by the United States Patent and Trademark Office on May 18, 2004. 23. Furthermore, on information and belief, Kids II has also induced

infringement and/or contributed to infringement of the 796 Patent by users of the InGenuity playard product. 24. Kids IIs acts have been without express or implied license from

Graco, and are willful and in reckless disregard of Gracos patent rights. On information and belief, Kids II will continue to infringe the 796 Patent unless 5

enjoined by this Court. 25. As a result of Kids IIs infringement, Graco has suffered, and will

continue to suffer, irreparable harm for which there is no adequate remedy at law. Graco is entitled to preliminary and permanent injunctive relief against such infringement under 35 U.S.C. 283. 26. As a result of Kids IIs infringement, Graco has been damaged, will

further be damaged, and is entitled to compensation for such damages under 35 U.S.C. 284. REQUEST FOR RELIEF WHEREFORE, Graco respectfully prays for judgment as follows: A. Entry of judgment holding Kids II liable for infringement of the 796

Patent, specifically that Kids II has infringed the 796 Patent; B. An order preliminarily and permanently enjoining Kids II, its officers,

agents, servants, employees, attorneys, all those in active concert or participation with it, and all other parties properly enjoined by law, from continued acts of infringement of the 796 Patent; C. Award Graco damages adequate to compensate for all such

unauthorized acts of infringement pursuant to 35 U.S.C. 284, and treble the damages award by reason of the willful and deliberate nature of Kids IIs acts of 6

infringement also pursuant to 35 U.S.C. 284; D. Declare this case as exceptional within the meaning of 35 U.S.C.

285, and award Graco its reasonable attorneys fees and other costs and expenses as incurred in the prosecution of this action; and E. proper. JURY DEMAND Graco demands a trial by jury on all issues so triable. Respectfully submitted, this 10th day of April 2013. MEUNIER CARLIN & CURFMAN, LLC /s/ Stephen M. Schaetzel Stephen M. Schaetzel Georgia State Bar No. 628653 Gregory J. Carlin Georgia State Bar No. 455865 Walter Hill Levie, III Georgia State Bar No. 415569 Anthony B. Askew Georgia State Bar No. 025300 Attorneys for Graco Childrens Products Inc. 817 W. Peachtree Street Suite 500 Atlanta, GA 30308 Telephone: (404) 645-7700 Facsimile: (404) 645-7707 7 Award such other and further relief as the Court deems just and