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AND
v.
POLYMERIC TECHNOLOGY, INC.,
Defendant.
Plaintiffs JJG IP Holdings, LLC ("JJG") and Green Machine Sales, LLC (Green
Machine") (collectively, "Plaintiffs"), by and through their attorneys, Bond, Schoeneck &
King, PLLC, hereby alleges as its Complaint against defendant Polymeric Technology,
Inc. ("Poly-Tech") as follows:
JURISDICTION
1.
This is an action for design patent infringement brought under the patent
JJG is a limited liability company organized and existing under the laws of
the State of New Hampshire and having a place of business at 5 Gigante Drive,
Hampstead, NH 03841.
2551934.1 9/21/2015
4.
the laws of New Hampshire and having places of business at 11 E. Genesee St.,
Baldwinsville, NY 13027 and 8300 NY Rte. 79, Whitney Point, NY 13862.
5.
existing under the laws of the State of California, and is authorized to do business in the
State of New York.
DESIGN PATENT INFRINGEMENT
6.
7.
JJG is the owner of all right, title and interest in U.S. Design Patent No.
690,749 ("the '749 patent"), which duly issued on October 1, 2013. A copy of the '749
patent is attached as Exhibit A.
9.
possessing the exclusive right to make, have made, offer for sale, and sell the patented
Star in the United States.
10.
JJG and Green have discovered that Poly-Tech is making, offering for
sale and/or selling Stars with substantially the same design as that depicted and
claimed in the '749 patent.
11.
use on Green's separators. One Poly-Tech quote made to a Green customer contained
the following wording and pictures:
2551934.1 9/21/2015
:"We make recycling stars/discs for MRFs with sorters such as JJG
Machine for 40-50% less than the OEM price with better quality than the
OEM. This is a potential savings of $10,000's per vear. We supply
customers such as WM and Republic with our high-quality stars.
The price for the standard split 6 spoke ~ 13" JJG Machine star is
$33.00/star
This is the star I'm talking about:
The making, using, selling, offering for sale, and/or importing of the knock-
by making, using, selling, and/or offering for sale its knock-off Stars with knowledge that
the products infringe the '749 patent.
2551934.1 9/21/2015
14.
considered the manufacture and sale of the Stars to be an infringement of the '749
patent and demanded that Poly-Tech cease and desist from further infringing the '749
patent. A copy of this letter is attached as Exhibit B.
15.
16.
Enter judgment that Poly-Tech has infringed U.S. Design Patent No. 690,749;
(b)
(c)
(d)
Pursuant to 35 U.S.C. 283, enjoin Poly-Tech, its officers, agents, servants, and
employees, and all parties who are in active concert or participation with them, from
directly or indirectly making, having made, selling, offering for sale, distributing, using, or
importing into the United States any products that infringe U.S. Design Patent No.
690,749;
(e)
compensate for the infringement under 35 U.S.C. 284, but in no event less than a
reasonable royalty;
2551934.19/21/2015
(f)
Order Poly-Tech to account for and pay to Plaintiffs all profits derived by Poly-
Tech from infringing U.S. Design Patent No. 690,749 under 35 U.S.C. 289;
(g)
(h)
Grant Plaintiffs such other and further relief as the Court may deem just and
proper.
Respectfully submitted,
By:
s/ Georqe R. McGuire
2551934.1 9/21/2015
EXHIBIT A
(12)
1111111111111111111111111111111111111111111111111111111111111
USOOD690749S
(10)
Green et al.
(45)
(54)
SORTING DISK
(75)
(73)
(**)
Term:
(21)
(22)
Filed:
(63)
14 Years
Patent No.:
Date of Patent:
6,648,145
7,004,332
7,661,537
D630,659
D631,900
D680,419
2009/0045032
20 I 0/0264069
201110108467
201110147281
2011/0303587
2012/0325729
132
132
Bl
s *
s *
s *
AI *
AI *
AI*
A1 *
A1 *
AI*
US D690,749 S
**
Oct. 1, 2013
* cited by examiner
Primary Examiner- Patricia Palasik
(74) Attorney, Agent, or Firm Maine Cemota & Rardin
(51)
(52)
(58)
(56)
136,105 A
D369,817 s
6,371,305 Bl
(57)
CLAIM
The ornamental design for a sorting disk, as shown and
described.
DESCRIPTION
FIG.
FIG.
FIG.
FIG.
FIG.
FIG.
FIG.
1 is
2 is
3 is
4 is
5 is
6 is
a
a
a
a
a
7 is a
U.S. Patent
Oct. 1, 2013
F'l(-'.J. 1.
Sheet 1 of 7
US D690,749 S
U.S. Patent
Oct. 1, 2013
Sheet 2 of7
FIG. 2
US D690, 749 S
U.S. Patent
Oct. 1, 2013
FIG. 3
Sheet 3 of7
US D690,749 S
U.S. Patent
Oct. 1, 2013
Sheet 4 of7
,..-
"""
0
~
.FIG. 4
US D690,749 S
U.S. Patent
Oct. 1, 2013
Sheet 5 of7
FIG. 5
US D690,749 S
U.S. Patent
Oct. 1, 2013
Sheet 6 of7
FIG. 6
US D690, 749 S
U.S. Patent
Oct. l, 2013
Sheet 7 of7
FIG. 7
US D690, 749 S
EXHIBIT B
MAINE CERNOTA&RARDlN
ADVOCATI RES MENTIS
September I5, 20 14
We must insist that you immediately cease all sales of the sorting elise, destroy your entire inventory of such product
and refrain from offering it for sale during the remaining term of the aforementioned patent. While JJG IP Holdings,
LLC has no desire to institute a lawsuit, if you fail to accede to our requests we shall be forced to consider our
options.
We will expect your confirmation of compliance by October I, 2014.
Enclosure:
United States Patent Number D690,749
Picture of Polymeric Technology, Inc. Sorting Disc
547 Amherst Street- 3rd Floor Nashua, NH 03063-4000 Office: 603.886.6100 Fax: 603.886.4796
AOVOCA:fl RES Mr:N'riS
JS 44 (Rev. 12/12)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as re<juired by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SF!i INSTRUCTIONS ON NI:XT PACJ!i OF THIS HJRAI)
I. (a) PLAINTIFFS
DEFENDANTS
'-'R,o,c"'kwinccg~h,.al.!m_,______
(C)
George R. McGuire
Bond, Schoeneck & King, PLLC
One Lincoln Center, Syracuse, New York 13202-1355
0 I
0 2
U.S. Government
Plaintiff
1"1
U.S. Government
Defendant
0 4
Fecleral Question
Diversity
(Indicate Citizens/zip c?f Parties in Item !II)
PTF
0 1
DEF
0 1
0 2
Citizen or Subject of a
Foreign Countt
0 3
PTF
Incorporated or Principal Place
of Business In This State
Foreign Nation
DEF
0 4
0 5
6
0 6
0
0
0
0
0
0
0
0
0
0
0
0
TORTS
II 0
120
130
140
150
Insurance
Marine
Miller Act
Negotiable Instnunent
Recovety of Overpayment
& Enforcement of Judgment
151 Medicare Act
!52 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benetits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
210
220
230
240
245
290
REAL PROPERTY
Land Condemnation
Foreclosure
Rent Lease & Ejectment
Torts to Land
Tort Product Liability
All Other Real Property
0
0
0
0
0
0
0
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injmy
362 Personal Injmy Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/DisabilitiesEmployment
446 Amer. w/DisabilitiesOther
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
0 365 Personal Injmy Product Liability
0 367 Health Care/
Phannaceutical
Personal Injmy
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
0 463 Alien Detainee
0 51 0 iv1otions to Vacate
Sentence
0 530 General
0 535 Death Penalty
Other:
0 540 Mandamus & Other
0 550 Civil Rights
0 555 Prison Condition
0 560 Civil Detainee
Conditions of
Confinement
BANKRUPTCY
0 690 Other
28
usc
!57
PR PERTY RIGHTS
0 820 Copyrights
1"1
830 Patent
OTHER STATUTES
0
0
0
0
0
0
0
0 840 Trademark
0
0
0
0
0
0
LAB R
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
0
0
0
0
0
0
0
0
0
0
0
0
0
0
IMMIGRATION
V. ORIGIN
(Piacean "X"inOneBoxOnly)
)g! I Original
Proceeding
0 2 Removed from
State Court
Remanded from
Appellate Court
0 4 Reinstated or
Reopened
5 Transferred from
Another District
0 6 Multidistrict
Litigation
(specifY)
Cite the U.S. Civil Statute under which you are filing (Do not citejuri.wlictiomtlstatute.\tmles.\' diversity):
VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DEMAND$
JURY DEMAND:
)sl:l Yes
0 No
(See instruction\):
DOCKET NUMBER
DATE
09/21/2015
#0206-3422480
AMOUNT
$400
APPLYING IFP
JUDGE
GTS
MAG. JUDGE
5:15-cv-1137
TWD
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. Ifthe plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence ofthe "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one ofthe boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff (I) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its of1icers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box I or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens ofdif1erent states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Oflice to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 4 7 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII.
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. Ifthere are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.