Free Complaint - District Court of Delaware - Delaware

Case 1:05-cv—00636-G|\/IS Document 1 Filed 08/30/2005 Page 1 of 4
TN THE UNITED STATES DISTRICT COURT
POR THE DESTRICT OF DELAWARE
BLACK. & DECKER INC. and )
BLACK & DECKER (UQS.) TNC., )
Plaintiffs, )
) Civil Action No.
v. )
) JURY TRIAL DEMANBED
THE STANLEY WORKS, )
Defendant. g
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs, Black & Decker Inc. and Btack & Decker (US.) Inc. (collectively "Biaci< &
.T)ecker"), complain of defendant The Stanley Works (“Stanley") as follows:
E. This is a ciairn for patent infringement arising under the patent laws ofthe United
States, Title 35 of the United States Code. This Court has exclusive jurisdiction over the subject
matter of the claim made under 28 USC. § l338(a).
PARTIES
2. Black & Decker Inc. is a Delaware corporation having its principal place of
business at 701 East Ioppa Road., Towson, Maryland. Black & Decker [nc. owns and has
standing to sue for the infringement of United States Patent No. 5,539,990 entitled “Three—
Dimensional Optical Leveiling, Plumbing and Angle—Calibrating Instrument" issued on July 30,
1996 ("the ‘990 patent," Exhibit A); and United States Patent No. 6,9l4,930 B2 entitled "Laser
Level" issued on July 5, 2005 ("the ‘930 patent," Exhibit B) (collectively, the “patents in suit").
3. Black & Decker (U.S.) Inc. is a Maryland corporation also having its principal
piace of business at 701 East Joppa Road, Towson, Maryland. Black & Decker (US.) Inc. is a

Case 1 :05-cv—00636-GIVIS Document 1 Filed 08/30/2005 Page 2 of 4
leading designer, manufacturer and marketer of power tools. Black & Decker (US.) Inc. is an
exclusive licensee ofthe patents in suit, and has standing to sue for infringement ofthe patents in
suit.
4. Stanley is a Connecticut corporation having its principal place of business at
1000 Stanley Drive, New Britain, Connecticut. Stanley also has other office locations in the
United States.
VENUE AND PERSONAL JURISDICTION
5. Venue is proper in this judicial district under 28 USC. § l39l(c)—(d) and
l400(b). Stanley transacts business in this district, at least by offering to sell or selling the below
listed accused products in this district, by advertising on the internet in such a way as to reach
customers in Delaware and has a registered agent for service of process in this district,
The Corporation Trust Company, l209 Orange Street, Wilmington, Delaware l980l.
6. Stanley has sold a variety of power tools in this district including laser levels such
as the accused '/7—l53 l?ATl\/lax® Selfdeeveling Cross Line and l.ntelli—Laser® ProLase·r Line
Level-Stud Finder through retail stores, like the Home Depot Store at 60l Naamans Road,
Clayrnont, Delaware and The Lowes Store at 3l00 Brandywine Parkway, Wilmington,
Delaware. Stanley has sold such laser levels throughout the United States, and directly to
customers in this judicial district.
PATENT INFRINGEMENT
7. Stanley has infringed at least one claim of the ‘990 patent through., among other
activities, the manufacture, use, importation, sale and/or offer for sale of at least the following
Stanley products: LASERM.ARK® Gizmo Lite Laser Cross Level, LASERMARK® Gizmo Lite
with Plumb `Bearn, LASERl\/lARK® Gizmo 4, LAS}5.R,l\/lARK® ll and Ill Laser Cross Level,
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Case 1 :05-cv—00636-GIVIS Document 1 Filed 08/30/2005 Page 3 of 4
FAT}/lax® Self—Leveling Cross Line Laser Level, CST Berger Laser Cross Level and CST Mini
Laser Cross Level with Universal Mount ("the accused Stanley Products").
8. Stanley, through its actions, has contributed to, or induced the infringement ofthe
‘99O patent in violation of35 USC. § 271.
9. Stanley has infringed at least one claim of the ‘93O patent through, among other
activities, the manufacture, use, importation, sale and/or offer for sale of at least the Stanley
lntelli-Laser® Pro Laser Line Level—Stud Finder ("the accused Stanley Products").
l0. Stanley, through its actions, has contributed to, or induced the infringement of the
‘93O patent in violation of 35 USC. § 271.
ll. Stanley”s infringement, contributory infringement and/or inducement to infringe
the ‘990 and ‘930 patents has injured Black & Decker and Black & Decker is entitled to recover
damages adequate to compensate it for such infringement, but in no event less than a reasonable
royalty.
l2. Stanley has been aware of the patents in suit and has, nonetheless, infringed the
asserted claims of the patents with knowledge of the patents’ scope and application to the
accused Stanley products. As a consequence, Stanley’s infringement, contributory infringement
and/or inducement to infringe has been willful and deliberate and has injured. and will continue
to injure Black & Decker, unless and until this Court enters an injunction prohibiting further
infringement and, specifically, enjoining further importation, manufacture, use, offer for sale
and/or sale of power tools within the scope of the patents in suit, and enjoining Stanley from
contributing to and/or inducing infringement of the patents in suit.
WHEREFORE, plaintiffs, Black & Decker Inc. and Black & Decker (U.S.) Inc., ask this
Court to enter judgment against The Stanley Works, and against its subsidiaries, successors,
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Case 1 :05-cv—00636-GIVIS Document 1 Filed 08/30/2005 Page 4 of 4
parents, affiliates, agents, servants, employees and all persons in active concert or participation
with them, granting the following relief:
A. An award of damages adequate to compensate Black & Decker for the
infringement that has occurred, together with prejudgrnent interest from the date
infringement of the patents in suit began;
B. Increased damages as permitted under 35 U.S.C. § 284;
C. A finding that this case is exceptional and an award to Biack & Decker ot" its
attorneys’ fees and costs as provided by 35 U.S.C. § 285;
I). A permanent injunction prohibiting further infringement of the patents in suit;
and,
E. Such other and further reiief as this Court or a jury may deem proper and just.
JURY DEMAND
Black & Decker demands a trial by jury on ali issues presented in this Complaint.
MORRIS, NICHOLS, ARSHT & TUNNELL
Thomas C. Grim #1098)
James W. Parrett, Jr. (#4292)
OF COUNSEL: 1201 N. Market Street
P.O. Box 1347
Raymond P. Niro Wilmington, DE 19899-1347
Dean D. Niro (302) 65 8·»9200
Satly Wiggins Attorneys for Plctintwfs
NIRO, SCAVONE, HALLER & NIRO
181 West Madison, Suite 4600
Chicago, IL 60602-4515
(312) 236-0733
August 30, 2005
isosas
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