Free COMPLAINT - District Court of Delaware - Delaware

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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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AO 440 (Rev. 8/01) Summons in a Civil Action

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UNITED STATES DISTRICT COURT
District of KWIKSET CORPORATION and NEWFREY LLC, Plaintiffs, V. MASTER LOCK COMPANY LLC, Defendant.
CASE NUMBER:

Delaware

SUMMONS IN A CIVIL CASE

TO: (Name and address of Defendant) MASTER LOCK COMPANY LLC c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808
YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address)

Thomas C. Grimm, Esquire Morris, Nichols, Arsht & Tunnell LLP 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200

an answer to the complaint which is served on you with this summons, within Twenty (20) days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

CLERK

DATE

(By) DEPUTY CLERK

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AO 440 (Rev. 8/01) Summons in a Civil Action

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RETURN OF SERVICE
Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT) DATE TITLE

Check one box below to indicate appropriate method of service
G Served personally upon the defendant. Place where served:

G Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: G Returned unexecuted:

G Other (specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on
Date Signature of Server

Address of Server

(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.