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HANDI-FOIL CORPORATION,
Plaintiff,
No.
v.
Jury Trial Demanded
DURABLE PACKAGING
INTERNATIONAL, INC.
Defendant.
1. This is a patent infringement action arising under the United States patent laws,
35 U.S.C. §§ 1 et seq., in which Handi-Foil asserts that its U.S. Design Patent D653,901 has
been and continues to be infringed by virtue of Defendant Durable's manufacture, use, offer for
sale, sale, or import in/into the United States of products such as its aluminum foil pans labeled
as Deluxe Smooth wall by DurableFoil Entrée Pan, UPC#0 74729 09664 4, said pans stamped
"DPI 9664" (hereinafter referred as "the accused Pan"), the accused pan being currently sold in
Stater Bros. Markets Stores. Handi-Foil is seeking an injunction prohibiting further sales of all
infringing products such as the accused Pan and asks for monetary damages and related
remedies.
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The Parties
of business at 135 E. Hintz Rd., Wheeling, Illinois 60090 and is engaged in part in the business
of manufacturing, distributing, and selling disposable aluminum foil pans and containers and
Illinois with a principal place of business at 750 Northgate Parkway, Wheeling, Illinois 60090,
and is engaged in, among other things, the business of manufacturing, distributing, offering for
sale, selling and/or importing in/into the United States aluminum foil pans and the accused Pan.
4. Exclusive original jurisdiction over the subject matter of this action is conferred
on this Court under 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent
5. Venue properly lies in the Northern District of Illinois, Eastern Division, under 28
U.S.C. §§ 1391(b) and (c), and 1400(b), in that that Defendant Durable has committed one or
more infringing acts in this District and the Defendant "resides" in this District in that it has a
regular and established place of business in this District. Venue is also appropriate because
Defendant Durable does business in this District, including the commission therein of one or
more infringing acts of offering for sale, selling, using infringing products, or providing service
and support to Defendant's customers in this District, which Defendant does through established
distribution channels including a regular and established place of business at 750 Northgate
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6. Defendant Durable has established contacts with this forum and purposefully
availed itself of this jurisdiction by committing and continuing to commit acts of patent
7. On February 14, 2012, United States Design Patent No. Des. 653,901 (the 'D901
Patent), entitled "PAN" was legally issued by the United States Patent and Trademark Office. A
8. Plaintiff Handi-Foil is the assignee and owner of the entire right, title, and interest
in the 'D901 Patent with full rights to sue for the past and current infringement, and to enjoin
9. Defendant Durable manufactures, uses, offers for sale, sells, and/or imports,
and/or has manufactured, used, offered for sale, sold, and/or imported in/into the United States
unauthorized products such as the accused Pan that are covered by the design claim of and hence
infringe Handi-Foil's 'D901 Patent. The accused Pan is depicted in Group Exhibit B attached
hereto.
10. Defendant Durable has infringed and is continuing to infringe the 'D901 Patent by
manufacturing, using, offering for sale, selling and/or importing in/into the United States
infringing products such as the accused Pan and will continue to infringe the 'D901 patent unless
11. Defendant Durable's actions constitute infringement of the 'D901 Patent under at
least 35 U.S.C. §§ 271(a) and (b). Such acts of infringement have been and are continuing to be
committed in this District, in Illinois, and elsewhere in the United States. Handi-Foil is entitled to
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compensatory damages from Defendant Durable under 35 U.S.C. § 284 in addition to other relief
requested below.
12. Defendant Durable has had knowledge of the 'D901 Patent at least as early as the
date of service of this Complaint, and, upon information and belief, before the service of this
Complaint through its business dealings with Stater Bros. Markets Stores. Defendant Durable has
therefore infringed the 'D901 Patent willfully and deliberately, thereby rendering this case
13. By reason of the foregoing unlawful acts of Defendant Durable relative the '901
Patent, Handi-Foil has been seriously and irreparably damaged and, unless Defendant is
restrained from continuing such unlawful acts, Handi-Foil will continue to be so damaged.
Plaintiff Handi-Foil is without adequate remedy at law to compensate it for the injury caused by
Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
Relief Sought
Durable as follows:
officers, agents, servants, employees, successors, assigns, parents, subsidiaries, affiliates, and all
others controlling, controlled by, affiliated with, in privity with, or in active concert or
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infringement of the 'D901 Patent, as well as all further and proper relief under 35 U.S.C. § 285;
that infringe the 'D901 Patent, including all molds used in connection with manufacturing of
including, either (1) total profits from the infringer's sales under § 289, or (2) damages in the
form of the patentee's lost profits or a reasonable royalty under § 284, or (3) statutory damages
under § 289, whichever is greater, together with pre judgment and post judgment interest, such
disbursements, and attorneys' fees for this action and such other compensatory damages as this
Court may determine to be fair and appropriate pursuant to 35 U.S.C. § 285; and
F. Granting such other and further relief as this Court deems just and appropriate.
James P. Hanrath,
MUCH SHELIST P.C.
191 North Wacker Drive, Suite 1901
Chicago, Illinois 60606
Tel: (312) 521-2000
Fax: (312) 521-2100
jhanrath(ii)muchlaw.com
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EXHIBIT A
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(12) United States Design Patent (10) Patent No.: US D653,901 S
Sarnoff et al. (45) Date of Patent: ** Feb. 14, 2012
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GROUP EXHIBIT B
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