Case: 1:13-cv-04863 Document #: 1-1 Filed: 07/08/13 Page 1 of 1 PageID #:7
` CIVIL COVER SHEET
`The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by
`law, except as provided by local rules of court. This form isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE
`INSTRUCTIONS ON THE REVERSE OF THE FORM.)
` (a) PLAINTIFFS
`
`DEFENDANTS
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
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`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
` LAND INVOLVED.
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`(c) Attorney’s (Firm Name, Address, and Telephone Number)
`
` Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`1 U.S. Government
`Plaintiff
`
`2 U.S. Government
`Defendant
`
`3 Federal Question
`(U.S. Government Not a Party)
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`4 Diversity
`(Indicate Citizenship of Parties
`in Item III)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF
` DEF
` PTF DEF
`Citizen of This State
`1
` 1
`4
` 4
`Incorporated or Principal Place
`of Business In This State
`
`Citizen of Another State
`
`Citizen or Subject of a
` Foreign Country
`
`2
`
`3
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` 2
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` 3
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`Incorporated and Principal Place
`of Business In Another State
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`Foreign Nation
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`5
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`6
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` 5
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` 6
`
`FORFEITURE/PENALTY
`610 Agriculture
`620 Other Food & Drug
`625 Drug Related Seizure
` of Property 21 USC 881
`630 Liquor Laws
`640 R.R. & Truck
`650 Airline Regs.
`660 Occupational
` Safety/Health
`690 Other
`
`BANKRUPTCY
` 422 Appeal 28 USC 158
`
` 423 Withdrawal
` 28 USC 157
`
`PROPERTY RIGHTS
`
` 820 Copyrights
` 830 Patent
` 840 Trademark
`
`LABOR
`
`SOCIAL SECURITY
`
`710 Fair Labor Standards
` Act
`720 Labor/Mgmt. Relations
`
`730 Labor/Mgmt.Reporting
` & Disclosure Act
`740 Railway Labor Act
`
`790 Other Labor Litigation
`
`791 Empl. Ret. Inc.
` Security Act
`
` 861 HIA (1395ff)
` 862 Black Lung (923)
` 863 DIWC/DIWW (405(g))
` 864 SSID Title XVI
` 865 RSI (405(g))
`
`FEDERAL TAX SUITS
`
`870 Taxes (U.S. Plaintiff
` or Defendant)
`
`871 IRS—Third Party
` 26 USC 7609
`
`OTHER STATUTES
`400 State Reapportionment
`410 Antitrust
`430 Banks and Banking
`450 Commerce/ICC Rates/etc.
`460 Deportation
`470 Racketeer Influenced and
` Corrupt Organizations
`480 Consumer Credit
`490 Cable/Satellite TV
`810 Selective Service
`850 Security/Commodity/Exch.
`875 Customer Challenge
` 12 USC 3410
`891 Agricultural Acts
`892 Economic Stabilization Act
`893 Environmental Matters
`894 Energy Allocation Act
`895 Freedom of Information Act
`900 Appeal of Fee
` Determination Under
` Equal Access to Justice
`950 Constitutionality of
` State Statutes
`890 Other Statutory Actions
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`110 Insurance
` PERSONAL INJURY
`PERSONAL INJURY
`120 Marine
`310 Airplane
` 362 Personal Injury—
`130 Miller Act
`315 Airplane Product
` Med. Malpractice
`140 Negotiable Instrument
` Liability
` 365 Personal Injury —
`150 Recovery of Overpayment
`320 Assault, Libel &
` Product Liability
` & Enforcement of Judgment
` Slander
` 368 Asbestos Personal
`151 Medicare Act
`330 Federal Employers’ Injury Product
`152 Recovery of Defaulted
` Liability
` Liability
` Student Loans (excl. vet.)
`340 Marine
` PERSONAL PROPERTY
`153 Recovery of Overpayment
`345 Marine Product
` 370 Other Fraud
` of Veteran’s Benefits
` Liability
` 371 Truth in Lending
`160 Stockholders’ Suits
`350 Motor Vehicle
` 380 Other Personal
`190 Other Contract
`355 Motor Vehicle
` Property Damage
`195 Contract Product Liability
` Product Liability
` 385 Property Damage
`196 Franchise
`360 Other Personal Inj.
` Product Liability
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`REALPROPERTY
`
`CIVIL RIGHTS
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`PRISONER PETITIONS
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` 210 Land Condemnation
` 220 Foreclosure
` 230 Rent Lease & Ejectment
` 240 Torts to Land
` 245 Tort Product Liability
` 290 All Other Real Property
`
` 510 Motions to Vacate
`441 Voting
` Sentence
`442 Employment
` Habeas Corpus:
`443 Housing/
` 530 General
` Accommodations
` 535 Death Penalty
`444 Welfare
` 540 Mandamus & Other
`445 ADA—-Employment
` 550 Civil Rights
`446 ADA — Other
` 555 Prison Condition
`440 Other Civil Rights
`(PLACE AN “X” IN ONE BOX ONLY)
`
`V. ORIGIN
` 4 Reinstated or
` 3 Remanded from
`2 Removed from
`1 Original
`Reopened
`Appellate Court
`State Court
`Proceeding
`VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and write
`a brief statement of cause.)
`
` 5
`
`Appeal to District
`Judge from
`Transferred from
`Magistrate
`another district
` 6 Multidistrict
`Judgment
`(specify)
`Litigation
`VII. PREVIOUS BANKRUPTCY MATTERS (For nature of
`suit 422 and 423, enter the case number and judge for any associated
`bankruptcy matter perviously adjudicated by a judge of this Court. Use a
`separate attachment if necessary)
`
`7
`
`VIII. REQUESTED IN
` COMPLAINT:
`
`CHECK IF THIS IS A CLASS ACTION
`UNDER F.R.C.P. 23
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`JURY DEMAND:
`Yes
`No
`
`IX. This case
`
`DATE
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`is not a refiling of a previously dismissed action.
`
`is a refiling of case number
`
`, previously dismissed by Judge
`SIGNATURE OF ATTORNEY OF RECORD
`
`ARTSANA EXHIBIT 1002 - 1
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`

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`Case: 1:13-cv-04863 Document #: 1 Filed: 07/08/13 Page 1 of 6 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Civil Action No. _________________
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`
`Defendants.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
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`Plaintiff, Kolcraft Enterprises, Inc. ("Kolcraft"), complains of Defendants, Artsana USA,
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`Inc. d/b/a Chicco USA, Inc. ("Chicco"), and Artsana, S.p.A. d/b/a Artsana Group ("Artsana
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`Group") as follows:
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`1.
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`This is a claim for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code. This Court has exclusive jurisdiction over the subject
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`matter of this case under 28 U.S.C. §§ 1331 and 1338(a).
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`2.
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`Kolcraft is a Delaware corporation having its primary place of business at 1100
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`West Monroe Street, Chicago, Illinois. Kolcraft is in the business of, among other things,
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`developing, manufacturing and selling baby products such as playyards.
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`3.
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`Kolcraft owns and has standing to sue for infringement of U.S. Patent No.
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`8,388,501 B2 (the "'501 patent") entitled "Play Gyms and Methods For Operating The Same,"
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`which issued on March 5, 2013.
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`4.
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`Chicco is a New Jersey corporation that regularly conducts business in Illinois
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`and specifically in this district. Chicco competes with Kolcraft in the baby products industry.
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`KOLCRAFT ENTERPRISES, INC.,
`
`
`
`
`
`
`ARTSANA USA, INC. d/b/a CHICCO
`USA, INC. and ARTSANA, S.p.A. d/b/a
`ARTSANA GROUP,
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`ARTSANA EXHIBIT 1002 - 2
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`

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`5.
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`The Artsana Group is an Italian corporation headquartered in Grandate, Italy. The
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`Artsana Group is the parent company of Chicco.
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`6.
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`7.
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`8.
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`9.
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`10.
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`11.
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`Chicco is the primary subsidiary of the Artsana Group.
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`Chicco is a principal subsidiary of the Artsana Group.
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`For more than 50 years, Chicco has remained a core brand of the Artsana Group.
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`Chicco is an essential part of the Artsana Group.
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`Chicco's website is linked to the Artsana Group's website.
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`The Artsana Group maintains control over its international subsidiaries, including
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`specifically Chicco.
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`12.
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`13.
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`The Artsana Group controls the branding, trademark and copyrights of Chicco.
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`The Artsana Group controls the quality of Chicco's products, including
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`specifically the Chicco Accused Products (defined below).
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`14.
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`The Artsana Group benefits from the revenue derived from the sales in the United
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`States of the Chicco Accused Produced (defined below).
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`The Artsana Group and Chicco share common officers and employees.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)-(c) and
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`15.
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`16.
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`1400(b).
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`17.
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`The Court has personal jurisdiction over Chicco because, among other things,
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`Chicco transacts business in this judicial district, at least by offering to sell, selling and/or
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`advertising infringing products at retail stores and through the Internet and other distribution
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`channels in such a way as to reach customers in Illinois and this judicial district. Chicco has
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`committed acts of infringement in this judicial district.
`
`2
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`ARTSANA EXHIBIT 1002 - 3
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`18.
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`The Court has personal jurisdiction over the Artsana Group because, among other
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`things, the Artsana Group has committed acts of infringement in this judicial district.
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`19.
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`Defendants have infringed and are now infringing the '501 patent through, among
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`other activities, the manufacture, use, sale, importation and/or offer for sale of infringing child
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`playyard products, including but not limited to the Chicco Lullaby, Chicco Lullaby LX and
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`Chicco Lullaby LX/SE Playyards and other Chicco playyard products with different names
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`and/or model numbers but with substantially the same designs, features and functionalities as the
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`Chicco Lullaby, Chicco Lullaby LX and Chicco Lullaby LX/SE ("Chicco Accused Products")
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`throughout the United States, including within this judicial district, and by aiding, assisting and
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`encouraging the infringement of the '501 patent by others.
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`The Chicco Accused Products each include a portable playyard.
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`The Chicco Accused Products each include a bassinet.
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`The Chicco Accused Products each include a floor mat.
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`The Chicco Accused Products each include a play gym.
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`The play gym of each of the Chicco Accused Products has a hub and four legs.
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`Defendants have infringed and continue to infringe at least claims 1, 9 and 14 of
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`the '501 patent within the meaning of 35 U.S.C. § 271(a) through the foregoing activities
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`including, without limitation, importing, offering for sale and selling the Chicco Accused
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`Products in the United States. Specifically, the Chicco Accused Products contain each and every
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`element of at least claims 1, 9 and 14 of the '501 patent both literally and under the doctrine of
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`equivalents in contravention of 35 U.S.C. §271.
`
`26.
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`Defendants have also indirectly infringed at least claims 1, 9 and 14 of the '501
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`patent under 35 U.S.C. 271(b) by knowingly and actively inducing infringement of those claims.
`
`3
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`ARTSANA EXHIBIT 1002 - 4
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`Defendants have knowingly and actively induced infringement of at least claims 1, 9 and 14, for
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`example, through the foregoing activities including, without limitation, importing, offering to
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`sell and selling the Chicco Accused Products in the United States, and by instructing, aiding,
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`assisting and encouraging the offer for sale, sale and use of the Chicco Accused Products in a
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`manner that infringes at least claims 1, 9 and 14 of the '501 patent. The direct infringers that are
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`being induced by Defendants include, without limitation, their customers, resellers and users that
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`offer for sale, sell and use the Chicco Accused Products in the United States. The direct
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`infringers that are being induced by the Artsana Group include, without limitation, Chicco and its
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`customers, resellers and users that offer for sale, sell and use the Chicco Accused Products in the
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`United States.
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`27.
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`Defendants have also indirectly infringed and continue to indirectly infringe at
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`least claims 1, 9 and 14 of the '501 patent under 35 U.S.C. § 271(c) through the foregoing
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`activities including, among other things, importing, offering for sale and selling the Chicco
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`Accused Products and by instructing, aiding, assisting, authorizing, advertising, marketing,
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`promoting, providing for and/or encouraging the offer for sale, sale and use of the Chicco
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`Accused Products, which constitute a material part of the patented inventions of claims 1, 9 and
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`14 of the '501 patent, which Defendants know are especially made or adapted for use in an
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`infringement of at least claims 1, 9 and 14 of the '501 patent, and which are not a staple article of
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`commerce suitable for substantial non-infringing use. The direct infringers for Defendants'
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`contributory infringement under 35 U.S.C. § 271(c) include, without limitation, Defendants'
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`customers, resellers and users that offer for sale, sell and use the Chicco Accused Products.
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`28.
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`Defendants'
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`infringement, contributory
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`infringement and/or knowing and
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`intentional inducement to infringe has injured Kolcraft and Kolcraft is entitled to recover
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`4
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`ARTSANA EXHIBIT 1002 - 5
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`damages adequate to compensate it for such infringement, but in no event less than a reasonable
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`royalty.
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`29.
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`Kolcraft has complied with 35 U.S.C. § 287. Defendants were placed on formal
`
`actual notice of infringement of the '501 patent application on December 19, 2012. The claims
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`as issued in the '501 patent are substantially identical to the inventions as claimed in the
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`published patent application, so pre-issuance damages are appropriate under 35 U.S.C. § 154(d).
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`30.
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`Defendants' infringement, contributory infringement and/or inducement to
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`infringe the '501 patent has been willful, deliberate and objectively reckless.
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`31.
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`Defendants' infringement of the '501 patent has caused irreparable harm to
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`Kolcraft, which has no adequate remedy at law, and will continue to injure Kolcraft unless and
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`until this Court enters an injunction prohibiting further infringement and, specifically, enjoining
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`further importation, manufacture, use, offer for sale and/or sale of products within the scope of
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`the '501 patents, and enjoining Defendants from contributing to and/or inducing infringement of
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`the '501 patent.
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`
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`WHEREFORE, Plaintiff Kolcraft respectfully asks this Court to enter judgment against
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`Defendants, and against their subsidiaries, successors, parents, affiliates, officers, directors,
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`agents, servants, employees, and all persons in active concert or participation with them, granting
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`the following relief:
`
`a.
`
`b.
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`The entry of judgment in favor of Kolcraft and against Defendants;
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`An award of damages adequate to compensate Kolcraft for the
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`infringement that has occurred (including pre-issuance damages under 35 U.S.C. §
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`154(d)), and in no event less than a reasonable royalty as permitted by 35 U.S.C. § 284,
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`together with prejudgment interest;
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`5
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`ARTSANA EXHIBIT 1002 - 6
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`c.
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`d.
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`Increased damages as permitted under 35 U.S.C. § 284;
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`A finding that this case is exceptional and an award to Kolcraft of its
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`attorneys' fees and costs as provided by 35 U.S.C. § 285;
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`e.
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`A permanent injunction prohibiting further infringement, inducement
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`and/or contributory infringement of the '501 patent; and,
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`f.
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`Such other relief that Kolcraft is entitled to under law, and any other and
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`further relief that this Court or a jury may deem just and proper.
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`Jury Demand
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`
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`Kolcraft demands a trial by jury on all issues presented in this Complaint.
`
`
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`Respectfully submitted,
`
`
`
`
`
`/s/ Raymond P. Niro, Jr.
`Raymond P. Niro, Jr.
`Laura A. Kenneally
`Olivia T. Luk
`Christopher W. Niro
`NIRO, HALLER & NIRO
`181 West Madison, Suite 4600
`Chicago, Illinois 60602
`(312) 236-0733
`Fax: (312) 236-3137
`rnirojr@nshn.com; lkenneally@nshn.com;
`oluk@nshn.com; cniro@nshn.com
`
`Attorneys for Plaintiff
`Kolcraft Enterprises, Inc.
`
`6
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`ARTSANA EXHIBIT 1002 - 7