`THE EASTERN DISTRICT OF NEW YORK
`
`ZIMMERMAN, WEISER & PARAY LLP
`Jean-Marc Zimmerman
`226 St. Paul Street
`Westfield, New Jersey 07090
`Tel: (908) 654-8000
`Fax: (908) 654-7207
`jmz@zwpllp.com
`
`Attorneys for Plaintiff Auto-Kaps, LLC
`
`AUTO-KAPS, LLC,
`
`v.
`
`CLOROX COMPANY,
`
`Plaintiff,
`
`Case No. 2:15-cv-1737-BMC
`
`PRELIMINARY INFRINGEMENT
`CONTENTIONS
`
`Defendant.
`
`Pursuant to L. Pat. R. 6, Plaintiff Auto-Kaps LLC (“Plaintiff”) hereby provides its
`
`preliminary infringement contentions, as follows:
`
`(a)
`
`Plaintiff alleges that claims 1, 2, 3, 4, 6, 8, 9 and 10 of U.S. Patent No.
`
`7,490,743 (hereinafter “the asserted claims”) are infringed under 35 U.S.C. 271 (a) by
`
`Clorox Company (“Defendant”).
`
`(b)
`
`Plaintiff identifies Defendant’s SMART TUBE® dispensers as infringing
`
`the asserted claims.
`
`(c)
`
`An identification and description of the direct infringement is made in the
`
`attached chart identifying where each element of representative asserted claims is found
`
`within Defendant's accused SMART TUBE® dispensers.
`
`(d)
`
`Defendant is inducing infringement of the asserted claims of the patent-in-
`
`suit by its customers’ use of the SMART TUBE® dispensers.
`
`(e)
`
`Each element of each of the asserted claims is literally present and or
`
`present by the doctrine of equivalents.
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1016 - Page 1
`
`
`
`(f)
`
`Defendant’s continuing infringement is willful as it knows of the patent-
`
`in-suit and continues to infringe nonetheless.
`
`Plaintiff reserves the right to amend and/or supplement these preliminary
`
`infringement contentions.
`
`By:/s/Jean-Marc Zimmerman
`Jean-Marc Zimmerman
`Zimmerman, Weiser & Paray LLP
`226 St. Paul Street
`Westfield, NJ 07090
`Tel: (908) 654-8000
`Fax: (908) 654-7207
`jmz@zwpllp.com
`
`Attorneys for Plaintiff Auto-Kaps, LLC
`
`Dated: September 26, 2015
`Westfield, NJ
`
`2
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1016 - Page 2
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 26, 2015, I served Plaintiff Auto-Kap, LLC’s
`Preliminary Infringement Contentions on counsel for Defendant Clorox Company by
`delivering the same by e-mail to Defendant’s counsel James Isbester of Kilpatrick
`Townsend LLP by e-mail sent to jisbester@kilpatricktownsend.com.
`
`/s/Jean-Marc Zimmerman
`Jean-Marc Zimmerman
`
`3
`
`PETITIONER - THE CLOROX COMPANY - EXHIBIT 1016 - Page 3
`
`
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