Rubbermaid Commercial Products v. Bobrick Washroom Equipment

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JU ulub : LLERK, sy; . .2 .sz- .DEPUTY CLERK

IN THE UNITED STATES DISTRICT COURTFOR THE W ESTERN DISTRICT OF V IRGINIA,HARRISONBURG DIVISION

RUBBERM AID COM M ERCIALPRODUCTS LLC,Plaintiff, xo. 5:11-cv- r'ya ty-sr'

- VS. '-

BOBRICK W ASHROOM EQUIPMENT,INC.,Defendant.

COM PLAINT FO RPATENT INFRIN GEM ENTPlaintiff Rubbermaid Commercial Products LLC (ttRubbermaid'' or.

tplaintiff'), by and through the undersir ed counsel, for its complaint against Defen-dant Bobrick Washroom Equipment, Inc. (tBobzick'' or tdefendanf'), states as follows:

NATURE OF THE CASE2. This is an action for patent infringem ent arising under the United States

Patent Laws, 35 U.S.C jj 1, et seq. Rubbermaid accuses Bobrick's manufacture, use,sale, and offer for sale of the Koala Kare KB200 Horizontal W all M ounted BabyChanging Station (sthe infringing KB200 producf') of infringing8,079,104 (tthe ' 104 patenf), entitled ttchanging Station.'' Rubbermaid seeks damages

Pat. No.

in an am ount to be determ ined at tdal together with treble damages, attom eys fees, andpermanent injunctive relief.

TH E PAR TIESRubberm aid is a limited liability company organized and existing under


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the laws of the State of Delaware with a principal place of business at 3124 Valley Av-enue, W inchester, in the Comm onwealth of Virginia. Rubberm aid's sole m ember isRubberm aid, Inc., a corporation organized and existing under the laws of the State ofOhio, having a principle place of business at 8935 North Pointe Executive Park Drive,Huntersville, North Carolina.

Rubbermaid owns all right and title to, and a1l interest in, the ' 104 patent.On information and belietl Defendant is a Califomia corporation having

a principal place of business at 1 1611 Hart Street, North Hollywood, Califomia. De-fendant m akes and sells washzoom equipm ent, such as paper towel dispensers, wastereceptacles, soap dispensers, toilet partitions, and baby changing tables. Defendant sells

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the infrinsng KR200 product tllroughout the United States in geographic markets, in-cluding in this district, where the infringing 10 200 competes head-to-head with prod-ucts made and sold by Rubbermaid.

JURISDICTION AND VENUEThis is an action for patent infringement arising under the patent laws of

the United States, 35 U.S.C. jj 1, c/. seq., and in particular 35 U.S.C. jj 271, 281, 283,284 and 285. This Court enjoys subject matter jurisdiction over this controversy pursu-ant to 28 U.S.C. jj 1331, 1332, and 1338(a).

n is Court enjoys personal jurisdiction over defendant because, upon in-fonnation and belief, defendant has conducted and does conduct business within thisdistrict out of which this complaint arises, including, without lim itation, directly and/orthrough intermediaries (e.g., resellers and distributors) with the intent that those inter-m ediaries infringe, selling and offering for sale the infringing K8200 product.


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8. Upon infonuation and belief, venue is proper in this Distrid pursuant to28 U.S.C. jj 1391(a)-(c) and 1400(b).

PATENT-IN-SUITOn December 20. 201 1, the United States Patent and Trademark Oftice

duly and legally issued the ' 104 patent.Rubbermaid is the owner by assignm ent of al1rights, title and interest in and to the ' 104 patent, including all rights to sue and recoverfor infringement thereof, including the right to recover past damages. A true and accu-rate copy of the '104 patent is attached hereto as Exhibit A.

COUNT l(lnfringement of U.S. Pat. No. 8,079,104)10. Rubbermaid incorporates by reference the allegations of paragraphs 1-9

as if f'ully restated herein.Upon information and belief, defendant, without Rubbermaid's authori-

zation or consent, is infringing the ' 104 patent by making, using, selling, and offeringfor sale- and inducing others (c.g., defendant's resellers and distributers) to use, sell,and offer for sale with the intent to infringe one or m ore claim s of the ' 104 patent-throughout the United States, including in this district, 10 200 products that embodyone or m ore claims of the 9104 patent.

12. Defendant has long known of the application that would mature into the' 104 patent, including tllrough correspondence with Rubbermaid, and yet continues tomake and sell infringing products. Furthermore, on infonnation and belietl Defendant isaware that the claim s in the application that would mature into the ' 104 patent were go-ing to issue and is aware that the ' l04 patent has issued. Consequently, defendant's in-fringement is and continues to be willful.


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13. Defendants' infringem ent of the ' 104 patent has dam aged Rubberm aid inan am ount to be determined at trial.

Defendant's infringement has caused, and will continue to cause, Rub-berm aid irreparable harm , including lost market share, for which there is no adequatelegal remedy unless enjoined by this Court.

PRAYER FOR RELIEFW HEREFORE, plaintiff Rubberm aid prays that this honorable Court en-

ter an order:a.

Patent No 8,079,104 in violation of 35 U.S.C. j 271.b. Awarding Rubbermaid dam ages in an amount to be determined at trial,

but in no event less than a reasonable royalty, including pre-judgment interest;

Declaring that the defendant has infringed one or m ore claim s of U.S.

Enjoining the defendant, and its respective omcers, agents, servants,em ployees, attom eys and a11 persons in active concert or participation therewith, fromfurther infringem ent;

d. If the facts demonstrate that defendant has willfully violated Rubber-m aid's patent rights, ordedng that the damages awarded to Rubberm aid be trebled;

e.

U.S.C. j 285, ordering defendant to reimburse Rubbermaid for its attorneys' fees andcosts reasonably incurred in prosecuting this action' and

f. Awarding Rubbermaid such other and further relief as this Court deem sjust and reasonable under the circumstances.

If the facts demonstrate that this case is exceptional pursuant to 35

JURY DEM AND

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Rubbennaid demands a trial by jury of al1 issues properly so tdable.

Of Counsel:Cullen N. Pendleton, [email protected] ARSHALL, GERSTEIN & BORUN LLP233 South W acker Drive6300 W illis TowerChicago, IL 60606Telephone: (312) 474-6300Facsimile: (312) 474-0448

Counsel for PlaintiffRUBBERM AID COM M ERCIALPRODUCTS LLC

Respectfully subm itte ,

R. Braxton Hill, (VSB No. 41539)[email protected] Merritt (VSB No. 20281)[email protected] Buck Vanderslice (VSB No. 42637))[email protected] & BARTON , LLP909 East M ain StreetSuite 1200Richmond, Virginia 23219-3095Telephone: (804) 697-4100Facsimile: (804) 697-4112

December 20, 201 1

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Rubbermaid Commercial Products v. Bobrick Washroom Equipment

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