IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`THE GREEN PET SHOP ENTERPRISES,
`LLC
`
`Case No. 1:15-cv-01138
`Hon. Matthew F. Kennelly
`
`Plaintiff,
`
`vs.
`
`MAZE INNOVATIONS, INC
`
`Defendant.
`
`THE GREEN PET SHOP
`ENTERPRISES, LLC’S
`DISCLOSURE OF INITIAL
`INFRINGEMENT
`CONTENTIONS FOR U.S. PATENT
`NO. 8,720,218
`
`Pursuant to Patent L.R. 2.2(a) – (h), Plaintiff The Green Pet Shop Enterprises,
`
`LLC (“Green Pet” or “Plaintiff”) hereby discloses its initial infringement contentions and
`
`identifies the accompanying document production for U.S. Patent No. 8,720,218 (the
`
`“’218 Patent”).
`
`INTRODUCTION
`
`This disclosure is made solely for the purpose of this action. This disclosure is
`
`subject to all objections as to competence, relevance, materiality, propriety, and
`
`admissibility, and to any and all other objections on any grounds that would require the
`
`exclusion of statement contained herein if such disclosure were asked of, or statements
`
`contain herein were made by, a witness present and testifying in court, all of which
`
`objections and grounds are expressly reserved and may be interposed at the time of trial.
`
`Green Pet has endeavored to prepare contentions that are as accurate as possible
`
`based on publicly available information and Green Pet’s information and belief. Green
`
`Pet still obtained no discovery from Defendant Maze Innovations, Inc. (“Maze”)
`
`regarding the Chilly Mat ® (“Chilly Mat” or “Accused Instrumentality”). Green Pet’s
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT
`CONTENTIONS
`
`001
`
`

`

`investigation regarding past and present grounds of infringement is ongoing. Green Pet’s
`
`disclosure is given without prejudice to Green Pet’s right to add to, supplement, amend,
`
`or modify its disclosure as additional facts are ascertained, analyses are made, research is
`
`completed, and claims are construed. Green Pet’s disclosure is not and cannot be
`
`complete at this time and is subject to revision.
`
`THE GREEN PET’S INITIAL INFRINGEMENT CONTENTIONS FOR U.S.
`PATENT NO. 8,720,218
`
`Green Pet’s Initial Infringement Contentions pursuant to Patent L.R. 2.2(a) – (h)
`
`for the ‘218 Patent is provided herein, wherein each claim that is allegedly infringed is
`
`identified [hereinafter “asserted claims”].
`
`2.2(a) identification each claim of each patent in suit that is allegedly infringed by
`1.
`the opposing party, including for each claim the applicable statutory subsection of 35
`U.S.C. § 271;
`
`See Exhibit A. Maze infringes by making, using, selling and/or offering to sell the
`
`Accused Instrumentality. Plaintiff believes that discovery of Defendant’s products may
`
`reveal additional information supporting these contentions. Plaintiff therefore reserves the
`
`right to amend or supplement these disclosures.
`
`2.2(b) separately for each asserted claim, identification of each accused
`2.
`apparatus, product, device, process, method, act, or other instrumentality (“Accused
`Instrumentality”) of the opposing party of which the party claiming infringement is
`aware. Each Accused Instrumentality must be identified by name, if known, or by any
`product, device, or apparatus which, when used, allegedly results in the practice of the
`claimed method or process;
`
`See Exhibit A. Plaintiff believes that discovery of Defendant’s products may
`
`reveal additional information supporting these contentions. Plaintiff therefore reserves the
`
`right to amend or supplement these disclosures.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT
`CONTENTIONS
`
`002
`
`

`

`2.2(c) a chart identifying specifically where each element of each asserted claim
`3.
`is found within each Accused Instrumentality, including for each element that such party
`contends is governed by 35 U.S.C. § 112(6), a description of the claimed function of that
`element and the identity of the structure(s), act(s), or material(s) in the Accused
`Instrumentality that performs the claimed function;
`
`An infringement claim chart showing the correspondence between (i) the element
`
`of each asserted claim, and (ii) the corresponding structure of the Accused
`
`Instrumentality are provided in Exhibit A. Plaintiff believes that discovery of Defendant’s
`
`products may reveal additional information supporting these contentions. Plaintiff
`
`therefore reserves the right to amend or supplement these disclosures.
`
`2.2(d) identification of whether each element of each asserted claim is claimed to
`4.
`be present in the Accused Instrumentality literally or under the doctrine of equivalents.
`For any claim under the doctrine of equivalents, the Initial Infringement Contentions
`must include an explanation of each function, way, and result that is equivalent and why
`any differences are not substantial;
`
`See Exhibit A. Pursuant to Patent L.R. 2.2(a) – (h), based on Green Pet’s current
`
`understanding of the claim language and publicly available information regarding the
`
`Accused Instrumentality, Green Pet contends that each element of each asserted claim
`
`listed below is literally present in the Accused Instrumentality based upon the
`
`information known to Green Pet as of this date. Without notice of any noninfringement
`
`position from Maze, Green Pet asserts that Maze literally infringes the asserted claims.
`
`Because Maze is believed to literally infringe the asserted claims, it also infringes under
`
`the doctrine of equivalents, as set forth in Exhibit A.
`
`Green Pet reserves the right to assert infringement under the doctrine of
`
`equivalents or other theory under 35 U.S.C. § 271 after further discovery of Maze’s
`
`Accused Instrumentality, and after claims are construed by the Court, or both.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT
`CONTENTIONS
`
`003
`
`

`

`2.2(e) for each claim that is alleged to have been indirectly infringed, an
`5.
`identification of any direct infringement and a description of the acts of the alleged
`indirect infringer that contribute to or are inducing that direct infringement. If alleged
`direct infringement is based on joint acts of multiple parties, the role of each such party
`in the direct infringement must be described;
`
`See Exhibit A. Plaintiff believes that discovery of Defendant’s products may
`
`reveal additional information supporting these contentions. Plaintiff therefore reserves the
`
`right to amend or supplement these disclosures.
`
`2.2(f) for any patent that claims priority to an earlier application, the priority
`6.
`date to which each asserted claim allegedly is entitled;
`
`The ‘218 Patent does not claim priority to an earlier application.
`
`7.
`
`2.2(g) identification of the basis for any allegation of willful infringement; and
`
`See Exhibit B. Plaintiff believes that discovery of Defendant’s products may
`reveal additional information supporting these contentions. Plaintiff therefore reserves the
`right to amend or supplement these disclosures.
`
`2.2(h) if a party claiming patent infringement wishes to preserve the right to rely,
`8.
`for any purpose, on the assertion that its own or its licensee’s apparatus, product, device,
`process, method, act, or other instrumentality practices the claimed invention, the party
`must identify, separately for each asserted patent, each such apparatus, product, device,
`process, method, act, or other instrumentality that incorporates or reflects that particular
`claim, including whether it is marked with the patent number.
`
`Wishing to preserve its right to rely on the assertion that its own products labeled
`
`with the ‘218 Patent number, practice the claimed invention pursuant to Patent L.R.
`
`2.2(h), Green Pet discloses that it practices some asserted claims in the ‘218 Patent.
`
`////
`
`////
`
`////
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT
`CONTENTIONS
`
`004
`
`

`

`Dated: June 10, 2015
`
`The Green Pet Shop Enterprises LLC
`
`By:
`____________________________
`Reid E. Dammann
`GORDON REES LLP
`633 West Fifth Street
`52nd Floor
`Los Angeles, CA 90071
`Phone: (213) 576-5000
`
`Attorneys for Plaintiff
`The Green Pet Shop Enterprises LLC
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT
`CONTENTIONS
`
`005
`
`

`

`CERTIFICATE OF FILING AND SERVICE
`
`I hereby certify that on June 10, 2015, I transmitted the foregoing document via
`electronic mail to the following attorney:
`
`Jason A. Engel
`Partner
`K&L Gates LLP
`70 West Madison Street
`Suite 3100
`Chicago, IL 60602-4207
`Phone: 312.807.4236
`Fax: 312.827.8145
`
`Attorneys for Defendant Maze Innovations, Inc.
`
`DATED this 10th day of June, 2015 at Los Angeles, California
`
`/s/ Reid Dammann
` Reid Dammann
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT
`CONTENTIONS
`
`006
`
`

`

`EXHIBIT A
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`007
`
`

`

`INITIAL INFRINGEMENT CONTENTIONS
`UNITED STATES PATENT NO. 8,720,218
`
`CLAIM ANALYSIS
`
`ACCUSED INSTRUMENTALITY (“CHILLY MAT”)
`
`CLAIM 15
`
`A cooling platform for cooling an
`object, the platform comprising:
`
`(a) As disclosed, in United States Patent No. 8,720,218 (the “’218
`Patent”), an object includes animals such as cats and dogs.
`
`a temperature regulation layer, the
`temperature regulation layer
`having an angled segment formed
`by a top side and a bottom side at
`a predefined distance,
`
`(b) The Accused Instrumentality includes the temperature
`regulation layer shown in blue below, with the angled segment
`formed by a top and bottom side.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`2
`
`008
`
`

`

`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`3
`
`009
`
`

`

`and channels, wherein the
`channels form sides by contacting
`the top side with the bottom side;
`and
`
`(c) Channels are located at the outer edges of the Accused
`Instrumentality in this embodiment
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`4
`
`010
`
`

`

`a pressure activated recharging
`cooling composition within the
`temperature regulation layer,
`
`(d) See Exhibit 1.
`
`(e) See Exhibits 1 – 3.
`
`the pressure activated recharging
`cooling composition
`endothermically activated and
`endothermically deactivated upon
`the application and release of
`pressure, respectively.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`5
`
`011
`
`

`

`CLAIM 16
`
`A cooling platform for cooling an
`object, the platform comprising:
`
`(a) See contention 15(a).
`
`a temperature regulation layer, the
`temperature regulation layer
`having a plurality of angled
`segments,
`
`(b) See contention 15(b). As shown below, a plurality is illustrated
`in the Accused Instrumentality.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`6
`
`012
`
`

`

`wherein angled segments within
`a sealed perimeter of the
`temperature regulation layer are
`formed by a top side and a bottom
`side at a predefined distance,
`
`(c) As illustrated below, the angled segments are sealed in the
`Accused Instrumentality.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`7
`
`013
`
`

`

`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`8
`
`014
`
`

`

`and channels, wherein the
`channels substantially form sides
`by contacting the top side with the
`bottom side at a distance lesser
`than the predefined distance; and
`
`(d) See contention 15(c). In this embodiment, channels are present
`between segments.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`9
`
`015
`
`

`

`a pressure activated recharging
`cooling composition within the
`temperature regulation layer,
`
`(d) See Exhibit 1
`
`(e) See Exhibits 1 - 3.
`
`the pressure activated recharging
`cooling composition
`endothermically activated and
`endothermically deactivated upon
`the application and release of
`pressure, respectively.
`
`CLAIM 18
`
`See contention 15(a).
`
`A cooling platform for cooling an
`object, the platform comprising:
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`10
`
`016
`
`

`

`a temperature regulation layer, the
`temperature regulation layer
`having an angled segment formed
`by a top side and a bottom side at
`a predefined distance,
`
`See contention 15(b).
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`11
`
`017
`
`

`

`and channels, wherein the
`channels form sides by contacting
`the top side with the bottom side;
`and
`
`See contention 15(c).
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`12
`
`018
`
`

`

`a pressure activated recharging
`cooling composition within the
`temperature regulation layer,
`
`(d) See Exhibit 1
`
`(e) See Exhibits 1 - 3. The gel mat composition table functions as
`a cooling composition because it maintains a lower temperature
`than normal body temperature and functions in cooling.
`
`the pressure activated recharging
`cooling composition
`endothermically activated and
`endothermically deactivated upon
`the application and release of
`pressure, respectively, the
`pressure activated recharging
`cooling composition comprised of
`water and polyacrylamide.
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`13
`
`019
`
`

`

`CLAIM 19
`
`See contention 15(a).
`
`A cooling platform for cooling an
`object, the platform comprising:
`
`a temperature regulation layer, the
`temperature regulation layer
`having a plurality of angled
`segments,
`
`See contention 16(b).
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`14
`
`020
`
`

`

`wherein angled segments within
`a sealed perimeter of the
`temperature regulation layer are
`formed by a top side and a bottom
`side at a predefined distance,
`
`See contention 16(c).
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`15
`
`021
`
`

`

`and channels, wherein the
`channels substantially form sides
`by contacting the top side with the
`bottom side at a distance lesser
`than the predefined distance; and
`
`See contention 16(d).
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`16
`
`022
`
`

`

`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`17
`
`023
`
`

`

`a pressure activated recharging
`cooling composition within the
`temperature regulation layer,
`
`See Exhibit 1
`
`See Exhibits 1 – 3. The gel mat composition table functions as a
`cooling composition because it maintains a lower temperature
`than normal body temperature and functions in cooling.
`
`the pressure activated recharging
`cooling composition
`endothermically activated and
`endothermically deactivated upon
`the application and release of
`pressure, respectively, the
`pressure activated recharging
`cooling composition comprised of
`water and polyacrylamide.
`
`Dated: June 10, 2015
`
`The Green Pet Shop Enterprises LLC
`
`By: /s/Reid Dammann
`Reid E. Dammann
`GORDON REES LLP
`633 West Fifth Street
`52nd Floor
`Los Angeles, CA 90071
`Phone: (213) 576-5000
`
`Attorneys for Plaintiff
`The Green Pet Shop Enterprises LLC
`
`GREEN PET’S DISCLOSURE OF ASSERTED CLAIMS AND INITIAL INFRINGEMENT CONTENTIONS
`
`18
`
`024
`
`

`

`EXHIBIT B
`
`025
`
`025
`
`

`

`REID E. DAMMANN
`
`r,dammann@mpglaw,com
`(213) 629-7611
`
`MUSICK, PEELER & GARRETT LLP
`ATTORNEYS AT LAW
`
`ONE WILSHIRE BOULEVARD, SUITE 2000
`Los ANGELES, CALIFORNIA 90017-3383
`
`——-——-—-—-——-—
`TELEPHONE:
`(213) 629-7600
`FACSIMILE;
`(213) 624—1376
`WWW.MUSICKPEELER.COM
`
`June 16, 2014
`
`L05 ANGELES
`ORANGE COUNTY
`
`SAN DIEGO
`SAN FRANCISCO
`SANTA BARBARA
`WESTLAKE VILLAGE
`
`FILE No.1 33378.001
`
`VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
`
`Legal Department
`Hugs Pet Products
`4059 State Rd. A
`
`Montreal, MO 65591
`
`Re:
`
`UNITED STATES PATENT NO. 8,720,218
`
`Dear Legal Department:
`
`We are intellectual property counsel to The Green Pet Shop Enterprises, LLC (“Client”).
`Our Client is a company that aims to provide eco—friendly products that lend themselves to
`recycling and reducing the environmental impact or the carbon footprint. Our Client’s products
`are easy to use, affordable, unique, and serve improve or enhance the emotional, mental and
`physical well being of the community.
`
`Given the uniqueness of some of our Client’s products, we sought protection on behalf of
`our Client from the United States Patent and Trademark Office (“USPTO”). To that end, on
`April 14, 2010, a non-provisional patent application was filed to protect certain subject matter we
`deemed patentable. The application is entitled “Pressure Activated Recharging Cooling
`Platform.” This application was recently granted enforceable rights on May 13, 2014 as United
`States Patent NO. 8,720,218 (the ‘21 8 Patent). See Exhibit A.
`
`We have noticed that Hugs Pet Products (“Hugs”) has a product line very similar to the
`subject matter of the ‘21 8 Patent. Given this relatedness, we are writing to inquire as to whether
`you would be interested in a business relationship with our Client. See Exhibit B.
`
`////
`
`////
`
`////
`
`026
`
`026
`
`

`

`MUSICK, PEELER & GARRETT LLP
`ATTORNEYS AT LAW
`
`afsdf
`
`June 16, 2014
`
`Page 2
`
`Please review the attached materials to assess the scope of the the ‘21 8 Patent and
`whether such a license would benefit Hugs. We look forward to discussing the same. Please do
`not hesitate to contact us if you have any questions or concerns.
`
`Very truly yours,
`
`Reid E. Dammann
`
`for MUSICK, PEELER & GARRETT LLP
`
`RED
`
`Enc1.: Exhibits A and B
`
`901 199.1
`
`027
`
`027
`
`