Precision Custom Coatings v. Jab Distributors

8/13/2019 Precision Custom Coatings v. Jab Distributors

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Joseph AgostinoGREENBERG TRAURIG, LLP

200 Park AvenueFlorham Park, NJ 07932Tel.: 973-360-7900Fax: 973-301-8410Email: [email protected]

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

PRECISION CUSTOM COATINGS, LLC,

Plaintiff,

vs.

JAB DISTRIBUTORS, LLC,

Defendant.

CASE NO. ____________

COMPLAINT FOR DEC

JUDGMENT OF NON-IN

Jury Trial Demanded

Plaintiff Precision Custom Coatings, LLC (PCC) files this Complaint fo

Judgment of non-infringement pursuant to the U.S. Patent Act, 35 U.S.C. 1 et seq

as follows:

1. PCC is a New Jersey limited liability company with its principal placat 200 Maltese Drive, Totowa, New Jersey.

2. Upon information and belief, Defendant JAB Distributors, LLC (D


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JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction in this case because thisunder the Patent Act, 35 U.S.C. 1 et seq. This Court also has jurisdiction o

pursuant to 28 U.S.C. 1332(a)(1), as the matter in controversy exceeds $75,000, a

citizens of different states.

4. This Court has personal jurisdiction over Defendant because Definformation and belief, conducts business in the State of New Jersey and within

including selling and offering for sale products in New Jersey. This Court also

jurisdiction over Defendant because Defendant has accused PCC of patent infringem

5. Venue is proper under 28 U.S.C. 1391(b) because a substantiaevents giving rise to this action occurred in this district.

6. As set out more fully below, the Court may declare the rights anremedies of the parties and grant further relief pursuant to 28 U.S.C. 2201 and 2

R. Civ. P. 57 because an actual controversy exists within the Courts jurisdiction.

FACTS

7. PCC is a manufacturer and supplier of value-added fabrics forindustry and industrial markets.

8. Among the products sold by PCC are mattress encasements and prothe trademark SlumberShield, which are designed to provide mattress protect

bugs, dust mites, liquid spills, mold and bacteria.


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10. The cease and desist letter from Defendant stated: It has come tothat Precision Custom coatings, LLC (PCC) manufactures, offers for sale, and/o

United States a bed bug protective encasement for a mattress under

SLUMBERSHIELD that incorporates one or more of the inventions claimed and

the 134 patent and thus infringes the 134 patent.

11. The cease and desist letter from Defendant demands that PCC ceafrom manufacturing, offering for sale and selling the SlumberShield produ

alternative, pay Defendant royalties under a license.

12. Defendant states in the cease and desist letter that it would like tomatter as soon as possible and without having to burden you or the courts with

action, but stated that if PCC would not agree to the aforementioned condition

will proceed accordingly.

13. PCCs SlumberShield product incorporates features that protect mare completely different in structure and function from the alleged invention claime

Patent.

14. PCCs SlumberShield product does not meet each and every elemthe claims of the 134 Patent.

COUNT ONE

(Declaratory Judgment of Non-Infringement)

15. PCC repeats and realleges the allegations in paragraphs 1 throug


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16. Defendant has claimed that the manufacture, sale, and/or offeSlumberShield product constitutes infringement of the 134 Patent, and has thre

PCC on those grounds.

17. An actual, present, and justiciable controversy has arisen betweeconcerning PCCs right to manufacture, use, distribute and sell the SlumberShield

the United States, and is of sufficient immediacy and reality to warrant the i

declaratory judgment.

18. PCC seeks declaratory judgment from this Court that the SlumberShdoes not infringe the 134 Patent.

Plaintiff requests a jury trial on the claims asserted herein.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests a judgment against Defendants as follows

A. Declaring that the manufacture, use, sale, offer to sell and/or impo

SlumberShield product does not infringe the 134 Patent.

B. Awarding Plaintiff such other and further relief that is just and prope

DATED: February 20, 2014

GREENBERG TRAURIG, LLP

By: s/Joseph AgostinoJoseph AgostinoRalph W. Selitto. Jr.

illi S


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DEMAND FOR JURY TRIAL

Plaintiff Precision Custom Coatings, LLC hereby demands a trial by jury on

which a trial by jury may be had.

DATED: February 20, 2014

GREENBERG TRAURIG, LLP

By: s/Joseph AgostinoJoseph AgostinoRalph W. Selitto. Jr.

William W. Stroever200 Park AvenueFlorham Park, NJ 07932Tel. (973) 443-3572Fax (973) [email protected] for PlaintiffPrecision Custom Coatings, LL


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EXHIBIT A


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Precision Custom Coatings v. Jab Distributors