Wonderland Nurserygoods v. Thorley Industries

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    IN TH E UN ITE D STATES DISTRICT COURTFOR TH E WE STE RN DISTRICT OF PE N N SYLVAN IA

    Civil Action No.JURY TRIAL DEMANDE D

    WOND ERLAN D NURSERY GO OD S CO., LTD .,Plaintiff,

    v.TH ORLE Y IN DUSTRIE S, LLC (D/ B/ A 4MO MS),

    Defendant.

    Plaintiff Wonderland N urserygoods Co., Ltd., for its Complaint for Patent Infringementagainst Thorley Industries LLC (d/ b/ a 4moms), hereby states as follows:

    JURISDICTION AND VEN UE1. This is a civil action for infringement of U nited States Patent No. RE 43,919 ("the

    919 patent"). This action is based upon the Patent Laws of the United States, T itle 35, UnitedStates Code, including 35 U.S.C. 271 and 281-285. Jurisdiction is conferred on this Courtpursuant to 28 U.S.C. 1331 and 1338(a).

    2. This Court has personal jurisdiction over Thorley Industries, LLC (d/ b/ a 4moms)("D efendant") because Defendant is a resident of this judicial district, has conducted businessand sells its products in this judicial district and, furthermore, D efendant has committed acts ofinfringement in this judicial district by using, advertising, marketing, offering for sale, andselling products that infringe the '919 patent in this judicial district.

    3. Venue is proper in this district under 28 U.S.C. 1391(b) and/or (c), and 28U.S.C. 1400(b), because, inter alia, Defendant is subject to personal jurisdiction in thisDistrict.

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    THE PART IES4. Wonderland is a limited liability company organized and existing under the laws

    of Taiwan ROC, having a place of business at 10F, NO.433, Rui Kwang Road, Neihu Taipei,Taiwan.

    5. Wonderland is the owner of and has the right to sue for infringement of the '919patent.

    6. On information and belief, Defendant is a limited liability corporation organizedunder the laws of the State of Pennsylvania, having a place of business at 40 24th Street,Pittsburgh, Pennsylvania 15222.

    7. Defendant designs, builds, distributes, markets, sells, and/or offers for sale, in theUnited States and in this District, products for infants and young children, including theBREEZE T M foldable child enclosure (i.e., playard or playpen).

    BACKGR OUND

    8. On November 1, 1993, the '919 Patent, entitled "Baby Crib" was duly and legallyissued to Wonderland as assignee. The named inventor of the '919 Patent is Shun-Min Chen. Acopy of the '919 Patent is attached hereto as.Exhibit A .

    9. Defendant has and continues to make, use, sell, and offer for sale in the UnitedStates, and import into the United States, the BREEZE; foldable child enclosure (the "AccusedProduct").

    10. The Accused Product includes;a. A baby crib;b. a plurality of upright tubes defining corners of the baby crib, wherein each of

    the upright tubes has an outer wall that defines an outer contour shape of the

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    upright tube;c. an enclosure member including a plurality of side panels contiguously

    connected to one another along edge portions and surrounding an enclosedspace adapted for receiving a baby therein;

    d. a plurality of positioning posts provided on the enclosure member at locationscorresponding to the edge portions of the enclosure member;

    e. positioning posts that are lodged inside the upright tubes;f. side panels extending between the upright tubes substantially out of contact

    with the outside surfaces of outer walls of the upright tubes;g. outwardly facing surfaces of each of the upright tubes are exposed on an

    outside of the enclosure member.11. Photographs of an example of the Accused Product and its driving device are

    attached hereto as Exhibit B. CLAIM FOR RELIE F(INFRINGEMEN T OF U.S. PAT E N T N O. RE 43,919)

    12. Paragraphs 1-11 are incorporated by reference as if restated fully herein.13. By making, using, selling, and offering for sale in the United States, and

    importing into the United States, the Accused Product, Defendant has infringed and is continuingto infringe at least one claim of the '919 Patent in violation of 35 U.S.C. 271.

    14. By reason of the ongoing and continuous infringement by Defendant of the '919Patent, wonderland is entitled to an entry of an injunction against Defendant, preventing furtherinfringement of Wonderland's patent rights, pursuant to 35 U.S.C. 283.

    15. Wonderland has suffered and is continuing to suffer damages as a result of

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    D efendant's infringement of the '919 Patent, and W onderland is entitled to compensation orother damages as allowed to the full extent of the law, pursuant to 35 U.S.C. 284.

    PRAYER FOR RE LIE FWH E RE FO RE , Wonderland respectfully requests entry of relief against D efendant as

    follows:(a) Entering judgment that Defendants, by reason of the making, using,

    selling, and offering for sale in the United States, and the importing into the U nited States, of theAccused Product, infringe the '919 Patent in violation of 35 U .S.C. 271;

    (b) Awarding Wonderland damages to the full extent permitted by 35 U.S.C. 284, including interest, by reason of D efendant's infringement of the '919 Patent;

    (c) E ntering a permanent injunction against D efendant, barring and enjoiningfurther making, using, selling, and offering for sale in the United States, and importation into theUnited States, of all infringing products; and,

    (d) Awarding Wonderland costs and fees under 35 U.S.C. 285, and all otherrelief as this Court deems proper.

    JURY DEMAN DPursuant to Federal Rule of Civil Procedure 38(b), Wonderland hereby demands a trial by

    jury on all issues triable of right by a jury.

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    Date: March 18, 2013espectLevicoff, ilko Deemer, P.C.650 Smithfield .treet, Suite 1900Pittsburgh, PA 15222T elephone: +1 412 434 5200Facsimile +1 412 434 [email protected] I . Roche (application for admission pending)Daniel A. Tallitsch (application for admission pending)Baker& McKenzie LLP300 E. Randolph Street, Suite 5000Chicago, IL 60601Telephone: +1 312 861 8000Facsimile: +1 312 925 [email protected]@bakermckenzie.comATTO RNEY S FOR PLAINT IFF, WON DE RLANDNU RSERY GO OD S CO., LT D.