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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KWIKSET CORPORATION and NEWFREY LLC, Plaintiffs, v. MASTER LOCK COMPANY LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) COMPLAINT Plaintiffs Kwikset Corporation and Newfrey LLC, for their complaint against defendant Master Lock Company LLC, state the following: 1. This is a claim for patent infringement arising under the patent laws of the
C.A. No. DEMAND FOR JURY TRIAL
United States, Title 35 of the United States Code. PARTIES 2. Kwikset Corporation ("Kwikset") is a Delaware corporation with
headquarters in Lake Forest, California. Kwikset manufactures and sells, among other products, an extensive line of door hardware including locksets. 3. Newfrey LLC ("Newfrey") is a Delaware limited liability company with
its principal place of business in Newark, Delaware. 4. Master Lock Company LLC ("Master Lock") is a Delaware limited
liability company having a principal place of business in Oak Creek, Wisconsin. Master Lock's agent for service of process in this judicial district is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. Master Lock sells a variety of
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lock and door-hardware products throughout the United States including in this judicial district. Master Lock's products include re-keyable door locks that infringe the `813 patent. JURISDICTION AND VENUE 5. Newfrey is the owner of title to United States Patent No. 6,973,813 B2
titled "Re-keyable Lock and Method," issued on December 13, 2005 (the "`813 patent," a copy of which is attached as Exhibit A to this complaint). 6. Kwikset is the sole licensee of the `813 patent in the United States, and
has sufficient exclusive rights in the `813 patent to sue for infringement with the title holder, Newfrey. 7. Kwikset and Newfrey have standing to sue Master Lock for infringement
of the `813 patent, and to recover damages for all infringement. 8. This Court has exclusive jurisdiction over the subject matter of this
complaint for patent infringement, pursuant to 28 U.S.C. §§ 1331 and 1338(a). 9. Venue is proper in this judicial district under 28 U.S.C. § 1400(b). Master
Lock is a Delaware LLC that resides in this judicial district and does business in this district. The products at issue in this suit are offered for sale to residents of this judicial district. PATENT INFRINGEMENT 10. Master Lock has infringed the `813 patent by committing at least the
following acts of infringement in the United States: using, making and/or importing, selling and offering for sale of re-keyable lock products that are covered by at least claims 21, 22 and 24 of the `813 patent. The Master Lock products that infringe the `813 patent include at least the "Master Lock Recodable Door Hardware" line of products with rekeyable lock cylinders that use a rekeying tool.
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11.
Master Lock's infringement has injured Kwikset and Newfrey, and they
are entitled to recover damages adequate to compensate for such infringement, but in no event less than a reasonable royalty. 12. of 35 U.S.C. § 287. 13. Master Lock's infringement will continue to injure Kwikset and Newfrey, Kwikset and Newfrey have satisfied the marking and notice requirements
unless and until this Court enters an injunction prohibiting further infringement by importation, manufacture, use, sale and/or offer for sale of door hardware products within the scope of the `813 patent. REQUEST FOR RELIEF WHEREFORE, Plaintiffs ask this Court to enter judgment against the defendant, and against any subsidiaries, affiliates, agents, servants, employees and all persons in active concert or participation with the defendant, granting the following relief: A. An award of damages adequate to compensate Plaintiffs for the
infringement that has occurred, but in no event less than a reasonable royalty, together with prejudgment interest from the date infringement began; B. § 284; C. A finding that this case is exceptional and an award to Plaintiffs of their Increased damages for willful infringement as provided by 35 U.S.C.
attorneys' fees and costs as provided by 35 U.S.C. § 285; D. A permanent injunction prohibiting further infringement of U.S. Patent
No. 6,973,813 B2; and
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E. just.
Such other and further relief as this Court or a jury may deem proper and
JURY DEMAND Plaintiffs demand a trial by jury on all issues so triable in this case.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/s/ Thomas C. Grimm
OF COUNSEL: Raymond P. Niro Dean D. Niro Patrick F. Solon David J. Mahalek Tahiti Arsulowicz NIRO, SCAVONE, HALLER & NIRO 181 W. Madison, Suite 4600 Chicago, IL 60602 (312) 236-0733 March 25, 2008
2023122
__________________________________ Thomas C. Grimm (#1098) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Plaintiffs
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EXHIBIT A
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