Download pdf - Speare Tools, Inc. v. Klein Tools, Inc

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

MILWAUKEE DIVISION

SPEARE TOOLS, INC. ) )

Plaintiff, ) ) v. ) )

) KLEIN TOOLS, INC. ) )

Defendant. )

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, Speare Tools, Inc., for its Complaint against Klein Tools, Inc., alleges as

follows:

THE PARTIES

1. Plaintiff Speare Tools, Inc. (“Speare Tools”) is a Wisconsin corporation

with its principal place of business located in Williams Bay, Wisconsin.

2. Defendant Klein Tools, Inc. (“Klein”) is a Delaware Corporation with its

principal place of business in Chicago, Illinois.

JURISIDCTION AND VENUE

3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331

(federal question), §1332 (a) (diversity of citizenship), and §1338(a) (question related to

patents).

4. This Court has specific personal jurisdiction over Klein since it has sold

and offered to sale the accused infringing products in this District. Moreover, this Court

Case 2:13-cv-00324 Filed 03/20/13 Page 1 of 18 Document 1

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has general personal jurisdiction over Klein since it conducts regular and systematic

business in this District.

5. Venue is proper in this judicial district pursuant to 28 U.S.C. §1391 and

§1400.

FACTS GIVING RISE TO PATENT INFRINGEMENT

6. Speare Tools is the owner of United States Patent No. 6,120,220 (“the ‘220

Patent”) that covers a tool for cutting holes in drywall and ceiling tiles. A true and

correct copy of the ‘220 Patent is attached hereto as Exhibit A.

7. Speare Tools is owned by William Speare, a resident of Wisconsin. Speare

Tools manufactures and distributes a hole cutting tool covered by the ‘220 Patent

(“Adjustable Hole Saw”). Speare Tools’ Adjustable Hole Saw is made in Wisconsin, and

is sold in retail outlets such as Lowe’s, Home Depot, Menards, and various electrical

stores. Since 1998, Speare Tools has sold more than 500,000 Adjustable Hole Saws.

8. From 2009 to 2012, Speare Tools manufactured, packaged and shipped

more than 170,000 Adjustable Hole Saws, under private label agreement, to Klein Tools

who resold the tools to Home Depot and other electrical stores under the Klein name. An

illustration of Speare’s Adjustable Hole Saw sold to Klein is attached as Exhibit B.

9. In August 2012, Klein stopped purchasing Speare’s Adjustable Hole Saws,

and, instead, directed the manufacture of an Adjustable Hole Saw made in China. Since

2012, Klein has been purchasing the Chinese-made version. Klein’s Chinese-made tool

infringes the ‘220 Patent under 35 U.S.C. § 271(a). A true and correct illustration of

Klein’s infringing product is attached hereto as Exhibit C.


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10. Speare Tools provided notice to Klein of its direct infringement of the ‘220

Patent, and despite said notice, Klein has continued to sell its infringing Hole Cutting

Tools.

11. Klein’s infringement of the ‘220 Patent has been willful, as it has been

notified of its infringement of the ‘220 Patent, but continues to infringe the ‘220 Patent.

FACTS GIVING RISE TO TRADE DRESS INFRINGEMENT

12. Speare Tools restates and realleges the allegations contained in paragraphs

1-9 and incorporates them in this paragraph as if fully stated herein.

13. The trade dress of Speare’s Adjustable Hole Saw and packaging sold to

Klein is illustrated in Exhibit B.

14. Klein’s Chinese-made version Adjustable Hole Saw (Exhibit C) infringes

the trade dress of Speare’s Adjustable Hole Saw since it is confusingly similar to

Speare’s tool and causes a likelihood of confusion in the marketplace between Speare’s

tool and the Klein’s knock-off tool.

WHEREFORE, Speare Tools requests a trial by jury on all issues so triable, and

that judgment be entered in its favor and against Klein Tools as follows:

(a) Klein infringes U.S. Patent 6,120,220 under 35 U.S.C. §271;

(b) Klein’s patent infringement has been willful;

(c) Klein infringes Speare’s trade dress;

(d) Klein’s trade dress infringement has been willful;

(e) Speare Tools be awarded damages pursuant to 35 U.S.C. §284 and 15 U.S.C. §1117;

(f) Speare Tools be awarded prejudgment interest;


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(g) Speare Tool be awarded increased damages pursuant to 35 U.S.C. §284;

(h) Speare Tools be awarded its attorney fees pursuant to 35 U.S.C. §285 and 17 U.S.C. §117; and

(i) any further and just relief the Court deems equitable and appropriate.

JURY TRIAL DEMANDED

Dated: March 20, 2013 Respectfully submitted,

SPEARE TOOLS, INC. By:/s/ Mark M. Grossman

Mark M. Grossman Lee F. Grossman Tina P. Fowler Grossman Law Offices 225 W. Washington St., Suite 2200 Chicago, IL 60606 (312) 621-9000


EXHIBIT A, p. 1Case 2:13-cv-00324 Filed 03/20/13 Page 5 of 18 Document 1












EXHIBIT B


EXHIBIT C
