Free Motion for Preliminary Injunction - District Court of Delaware - Delaware

Case 1 :08-cv-00333-SLR Document 6 Filed 06/05/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

)
W. Neudorff GmbH KG, )
) Civil Action No. 08-0333
Plaintiff, ) .
v. )
)
Falcon Lab LLC ) MOTION FOR ?RELIl\/IENARY
) INJUNCTION
Defendant. )
)
Plaintiff W. Neudorff GmbH KG ("Nendorfi") hereby moves this Court, pursuant to
Federal Rule of Civil Procedure 65(a) and 35 U.S.C. § l02(‘o) to enter a preliminary injunction
I enjoining defendant Falcon Lab LLC ("Falcon") from communicating its bad faith, baseless
E allegations of patent infringement to third parties until further Order of this Court.
2 ln support hereof, Neudorff states:
l. Falcon has alleged that certain of Neudorff’ s herbicidal soap products infringe
U.S. Patent No. 6,323,156 (the "‘ 156 patent") and has demanded that Neudorff pay royalties to it
for purported past infringement and future sales. lt has also contacted Neudorff’s licensees,
_ customers, and at least one retailer of Neudorfi? s products to allege infringement and demand
that these parties stop selling Neudorff products and instead license and pay royalties to Falcon
under the ‘i56 patent.
i 2. Neudorff s products do not infringe the ‘ 156 patent.
3. Even assuming, for purposes of the Motion only, that the “ 156 patent were
infringed by the use of Neudorffs herbicidal soaps, the ‘ l 56 patent would be anticipated by the

Case 1 :08-cv-00333-SLR Document 6 Filed 06/05/2008 Page 2 of 3
use of the herbicidai soaps in the United States more than one year before the tiling date of the
‘ E56 patent application. As such, the ‘ 156 patent is invalid under 35 U.S.C. § l()2(b).
4. Falcon is aware ofthe overwhelming evidence of invalidity due to prior use and
cannot refute it. Yet, Falcon continues to assert its infringement claims to Neudorff’ s licensees,
customers, and a retailer of its products, Wal-Mart, in an admitted effort to exact royalty
payments and, it appears, to interfere with l\ieudorff’ s relationships with these parties.
5. Falcon’s bad faith conduct has irreparabiy harmed and, if unchecked, will
continue to irreparably harm Neudorffs goodwill, reputation, and actual and prospective
business relationships.
6. Neudorff is thus entitled to a preliminary injunction enj oining Falcon from
continuing to communicate its bad faith, baseless infringement claims to Neudorffs actual and
prospective licensees, retailers, and customers and from otherwise interfering with Neudorff’ s
relationships with these parties.
WHEREFORE plaintiff Neudorff moves this Court to enter a preliminary injunction
enjoining defendant Falcon Lab LLC, and its members, principals, agents, servants, employees,
officers, directors, related companies, subsidiaries, successors, assigns, attorneys, and all others
. in active concert or participation with it are hereby restrained from directly or indirectly
Z communicating to any third party, other than in connection with the events of this lawsuit, that
I Neudorff, or the customers, licensees, or retailers of Neudorff products, are infringing,
contributing to inningement, or inducing infringement of U.S. Patent No. 6,323,156 by virtue of
the licensing, selling offering to sell, or use of any brand of HO] herbicidai soap.
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Case 1:08-cv-00333-SLR Document 6 Filed 06/05/2008 Page 3 of 3
Dated: June 4, 2008 W. NEUDORFF GmbH KG,
By 1ts attorneys,
2 41,
Jo f. Phillhg`1 . Esquire (DE Bar1.D.No. 110)
Phi rps, Go] 11 & Spence, P.A.
Pennsyivamia Ave. and Broom Street
1200 North Broom Street
Wilmington, DE 19806
Phone: (302) 655-4200
Of Counsel:
Stephen .1. Brake
Rachel 5. Sherman
Nutter McC1enner1 & Fish, LLP
World Trade Center West
155 Seaport Boulevard
Boston, MA 02210~2604 `
T: 617-439·2000
F: 617-3100000
1727463.1
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Case 1:08-cv—00333-SLR Document 6-2 Filed 06/05/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
W. Neudorff GmbH KG, )
) Civil Action No. 08-—C—333
Plaintiff, )
v. )
)
Falcon Lab LLC ) PROPOSED ORDER
)
Defendant. )
)
Upon application of plaintiff W. Nendorff GmbH KG, and after notice and a hearing, this
Court GRANTS plaintiffs Motion for Preliminary Inj nnction (Docket No. }.
WHEREFORE, this Court hereby orders:
That defendant Falcon Lab LLC, and its members, principals, agents, servants,
employees, officers, directors, related companies, subsidiaries, successors, assigns, attorneys,
and all others in active concert or participation with it are hereby restrained from directly or
I indirectly communicating to any third party, other than in connection with the events of this
lawsuit, that Neudorff, or the customers, licensees, or retailers of Neudorff products, are
infringing, contributing to infringement, or inducing infringement of U.S. Patent No. 6,323,156
Z by virtue of the licensing, selling offering to sell, or use of any brand of Neudorff s HG1
herbicidal soap products. ·
This Order is to remain in effect until further Order of this Court.
DATE DISTRICT JUDGE
l'/27453.l

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