Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 1 of 22 PageID #: 1
`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 1 of 22 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF NEW YORK
`
`TOOLS AVIATION, LLC,
`
`Plaintiff,
`
`V.
`
`DIGITAL PAVILION ELECTRONICS
`LLC, EAST BROOKLYN LABS LLC,
`and FIREMALL LLC,
`
`Defendants.
`
`
`
`JURY TRIAL DEMANDED
`
`Case No: 1:20_cv_2651
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Tools Aviation, LLC, by and through its attorneys, hereby alleges-for its
`
`Complaint against Defendants Digital Pavilion Electronics LLC, East Brooklyn Labs LLC, and
`
`Firemall LLC, on personal knowledge as to its own activities and on information and belief as to
`
`all other matters, as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Tools Aviation, LLC (hereinafter “Tools Aviation”) is a limited liability
`
`company organized and existing under the laws of Illinois, with its principal place of business at
`
`101 Theodore, Unit A Oswego, IL 60543.
`
`

`

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`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 2 of 22 PageID #: 2
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`2.
`
`On information and belief, Defendant Digital Pavilion Electronics LLC (hereinafter
`
`“Digital Pavilion”) is a limited liability company organized and existing under the laws of the
`
`State of New York with its principal place of business located at 1014 Stanley Ave, Brooklyn,
`
`New York 11208.
`
`3.
`
`On information and belief, Digital Pavilion is in the business of offering for sale, selling
`
`and distributing battery chargers including a battery caddy, and battery caddies separately.
`
`4.
`
`Digital Pavilion sells the “RadCad Battery Charger and Caddy for AA Rechargeable
`
`Batteries” and sells separately, “East Brooklyn Labs Durable AA Battery Storage” on the
`
`Amazon website or “Battery Caddy” on other websites.
`
`5.
`
`On information and belief, Defendant East Brooklyn Labs LLC (hereinafter “East
`
`Brooklyn”) is a limited liability company organized and existing under the laws of the State of
`
`New York with its principal place of business located at 1014 Stanley Ave, Brooklyn, New
`
`York 11208.
`
`6.
`
`On information and belief, East Brooklyn is in the business of offering for sale, selling
`
`and distributing battery chargers including a battery caddy, and battery caddies separately.
`
`7.
`
`East Brooklyn sells the “RadCad Battery Charger and Caddy for AA Rechargeable
`
`Batteries”, and sells separately “East Brooklyn Labs Durable AA Battery Storage” on the
`
`Amazon website or “Battery Caddy” on other websites.
`
`8.
`
`On information and belief, Defendant Firemall LLC (hereinafter “Firemall”) is a limited
`
`liability company organized and existing under the laws of the State of New York with its
`
`principal place of business located at 1522 56th Street, Brooklyn, New York 11219.
`
`9.
`
`On information and belief, Firemall is in the business of offering for sale, selling and
`
`distributing battery chargers including a battery caddy, and battery caddies separately.
`
`

`

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`10.
`
`Firemall sells the “RadCad Battery Charger and Caddy for AA Rechargeable Batteries”
`
`and sells separately, “East Brooklyn Labs Durable AA Battery Storage” on the Amazon website
`
`or “East Brooklyn Labs Battery Caddy” on the Firemall website.
`
`NATURE OF THE ACTION
`
`11.
`
`This is a civil action for infringement of United States Patent No. 7,287,648, United
`
`States Patent No. 8,267,252, and United States Patent No. 9,022,218 (collectively the “patents-
`
`in-suit”) under the patent laws of the United States, 35 USC §l et seq.
`
`JURISDICTION AND VENUE
`
`12.
`
`This is an action for patent infringement, under the Patent Laws of the United States of
`
`America, 35 USC. §27l et seq. This Court has subject matter jurisdiction under 28 USC.
`
`§1331 and §1338(a).
`
`13.
`
`This Court has personal jurisdiction over Digital Pavilion because, among other things,
`
`Digital Pavilion is a New York company, has its principal place of business in New York, and
`
`conducts business in the Eastern District of New York.
`
`14.
`
`This Court has personal jurisdiction over East Brooklyn because, among other things,
`
`East Brooklyn is a New York company, has its principal place of business in New York, and
`
`conducts business in the Eastern District of New York.
`
`15.
`
`This Court has personal jurisdiction over Firemall because, among other things, Firemall
`
`is a New York company, has its principal place of business in New York, and conducts business
`
`in the Eastern District of New York.
`
`

`

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`16.
`
`Venue is proper within this judicial district under 28 U.S.C. §1391(b) and (c) and 28
`
`U.S.C. §1400(b) because Digital Pavilion, East Brooklyn, and Firemall all reside in the Eastern
`
`District of New York; and/or Digital Pavilion, East Brooklyn, and Firemall have committed acts
`
`of infiingement in the Eastern District of New York and Digital Pavilion, East Brooklyn, and
`
`Firemall have regular and established places of business within the Eastern District of New
`
`York.
`
`THE PATENTS IN SUIT
`
`17.
`
`On October 30, 2007, the United States Patent and Trademark Office duly and legally
`
`issued US. Patent No. 7,287,648 (“the ‘648 Patent”), entitled “Battery Holder and Dispenser” to
`
`Tools Aviation. Tools Aviation is the owner by assignment of the ‘648 Patent and has standing
`
`to sue for infringement of the ‘648 Patent. A true and correct copy of the ‘648 Patent is attached
`
`hereto as Exhibit 1. The ‘648 Patent is valid and subsisting since it was issued.
`
`18.
`
`On September 18, 2012, the United States Patent and Trademark Office duly and legally
`
`issued US. Patent No. 8,267,252 (“the ‘252 Patent”), entitled “Battery Holder and Dispensing
`
`Package” to Tools Aviation. Tools Aviation is the owner by assignment of the ‘252 Patent and
`
`has standing to sue for infringement of the ‘252 Patent. A true and correct copy of the ‘252
`
`Patent is attached hereto as Exhibit 2. The ‘252 Patent is valid and subsisting since it was issued.
`
`19.
`
`On May 5, 2015, the United States Patent and Trademark Office duly and legally issued
`
`US. Patent No. 9,022,218 (“the ‘218 Patent”), entitled “Battery Holder and Dispensing
`
`Package” to Tools Aviation. Tools Aviation is the owner by assignment of the ‘218 Patent and
`
`has standing to sue for infringement of the ‘218 Patent. A true and correct copy of the ‘218
`
`Patent is attached hereto as Exhibit 3. The ‘218 Patent is valid and subsisting since it was issued.
`
`4
`
`

`

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`FACTUAL BACKGROUND
`
`20.
`
`Plaintiff brings this patent infringement action to protect their valuable patented
`
`technology relating to battery holding and dispensing apparatus, also known as battery caddies.
`
`21.
`
`Tools Aviation makes and sells battery caddies under the trademarks Storacell® and
`
`Powerpax® (hereinafter “Storacell®”).
`
`22.
`
`The Storacell® battery caddy was first intended to be used by pilots for storing and
`
`dispensing batteries from the pilot’s flight bag during emergencies. However, the Storacell®
`
`also provides convenient and compact battery storage to be used in homes, cars, offices and
`
`shops. The Storacell® is popular with photographers and others who use batteries, especially AA
`
`sized batteries. The compact arrangement and ergonomic shaping of the Storacell® allows for
`
`easy handling and one-handed holding and dispensing of a selected battery.
`
`23.
`
`The Storacell® battery caddies have been a commercially successful product line for the
`
`Plaintiff.
`
`24.
`
`In addition to the ‘648 Patent, the ‘252 Patent and the ‘218 Patent, Tools Aviation owns
`
`corresponding issued patents in Germany, France, UK, Japan and Canada.
`
`25.
`
`Sometime before October 16, 2019 Digital Pavilion, East Brooklyn and Firemall began
`
`selling “RadCad Battery Charger and Caddy for AA Rechargeable Batteries” (hereinafter the
`
`“RadCad”) and “East Brooklyn Labs Durable AA Battery Storage” (hereinafter the “RadCad
`
`caddy”) online on at least the Amazon website. On Amazon, the RadCad caddy is currently
`
`being sold as a component of the RadCad (Exhibit 4) and as a separate item. (Exhibit 5).
`
`26.
`
`A true and accurate screen capture of the Amazon webpage of Digital Pavilion, East
`
`Brooklyn and Firemall at https://www.amazon.com/East-Brooklyn-Labs-Rechargeable-
`
`

`

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`Compatible/dp/B07N8KGBPV/ref=sr_1_40?dchild=1 &keywords=rad+cad&qid=1 5 898 1 9653 &
`
`sr=8-40
`
`showing the RadCad with a RadCad caddy for sale, is attached hereto as Exhibit 4.
`
`27.
`
`A true and accurate screen capture of the Amazon webpage of Digital Pavilion, East
`
`Brooklyn and Firemall at https://www.amazon.com/East-Brooklyn-Labs-Rechargeable-
`
`Compatible/dp/B07SHW86JR
`
`showing the RadCad caddy for sale separately, is attached hereto as Exhibit 5.
`
`28.
`
`On October 16, 2019 Tools Aviation sent a complaint letter to Amazon asserting that the
`
`RadCad with RadCad caddy, and the Radcad caddy infringe Tools Aviation’s ‘648 Patent and
`
`‘252 Patent (“Complaint Letter”).
`
`29.
`
`Amazon reported the Complaint Letter to Firemall on or around October 16, 2019. A true
`
`and accurate copy of Amazon’s email letter to Tools Aviation confirming a report of the
`
`Complaint Letter to Firemall, is attached hereto as Exhibit 6 (“Amazon’s Response”).
`
`30.
`
`An attorney, David Fink, responded by email letter to the Plaintiff to the Complaint
`
`Letter on October 30, 2019. In the response to Tools Aviation, attorney Fink admitted that
`
`Digital Pavilion received Amazon’s communication on October 17, 2019 and that he
`
`represented Digital Pavilion. A true and correct copy of the email letter from David Fink is
`
`attached hereto as Exhibit 7.
`
`31.
`
`At least as of on or around October 17, 2019, the Defendants Firemall, Digital Pavilion
`
`and East Brooklyn were on notice of the Tools Aviation ‘648 and ‘252 Patents.
`
`32.
`
`On information and belief, Digital Pavilion controls East Brooklyn.
`
`

`

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`33.
`
`Digital Pavilion owns both trademark registrations: “East Brooklyn Labs” (exhibit 8) and
`
`“Rad-Cad” (exhibit 9). A true and correct copy of the trademark registrations are attached
`
`hereto as Exhibits 8 and 9.
`
`34.
`
`On or around November 6, 2019 by email letter from Tools Aviation, via counsel, to
`
`Digital Pavilion and East Brooklyn, via counsel David Fink, Digital Pavilion and East Brooklyn
`
`were put on notice of Tools Aviation ‘218 Patent. A true and correct copy of the November 6,
`
`2019 email letter from Tools Aviation is attached hereto as Exhibit 10.
`
`35.
`
`On information and belief, Firemall is associated with Pavilion and East Brooklyn and
`
`also had notice of Tools Aviation ‘218 Patent, on or around November 6, 2019.
`
`36.
`
`Digital Pavilion and East Brooklyn responded, via counsel David Fink, by email letter on
`
`November 12, 2019 to Tools Aviation, via counsel, and refused to cease and desist selling the
`
`RadCad caddies. In the letter, attorney David Fink again acknowledged that he represented
`
`Digital Pavilion and East Brooklyn and acknowledged that the RadCad was “Digital Pavilion’s
`
`product.” A true and correct copy of the November 12, 2019 email letter from David Fink is
`
`attached hereto as Exhibit 11.
`
`37.
`
`Digital Pavilion and East Brooklyn are offering for sale the RadCad with battery caddy,
`
`titled “RadCad Battery Charger and Caddy for AA Rechargeable Batteries” and the RadCad
`
`caddy separately under the same title on the East Brooklyn website. A true and accurate screen
`
`capture of the East Brooklyn webpage at https://eastbrooklynlabs.com/products/RadCad-
`
`battery-charger showing the RadCad with a RadCad caddy (Exhibit 12) and the RadCad caddy
`
`sold separately (exhibit 13) for sale, is attached hereto as Exhibits 12 and 13.
`
`38.
`
`Firemall is offering for sale the RadCad caddy separately (Exhibit 14) on the Firemall
`
`website under the title “East Brooklyn Labs Battery Caddy.” A true and accurate screen capture
`
`

`

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`of Firemall’s webpage at http://firemallonline.com/index.php/electronics.html?p=2 showing the
`
`RadCad caddy sold separately,
`
`is attached hereto as Exhibit 14.
`
`The ‘648 Patent
`
`39.
`
`As of at least October 16, 2019, the Defendants Digital Pavilion, East Brooklyn and
`
`Firemall have infringed at least claim 12 of the ‘648 Patent at least by, without authority,
`
`making, using, offering to sell, and/or selling the RadCad with a RadCad caddy, or RadCad
`
`caddies separately, within the United States.
`
`40.
`
`Claim 12 of the ‘648 Patent recites:
`
`12. A battery holding and dispensing apparatus for holding and dispensing
`elongated cylindrical batteries, comprising: a first frame, said first frame, sized
`and configured to be held and supported in a user's hand, and including a plurality
`of compartments, each compartment having sidewalls to hold the batteries with
`longitudinal axes of the batteries in an upright orientation, wherein said
`compartments each comprise a bottom wall having an open area exposing a
`bottom portion of a battery within said compartment wherein a user can touch
`with a finger a bottom edge of the battery held in the compartment through the
`open area, each sidewall defining an end opening sized to allow removal of a
`battery from within said compartment, wherein said compartments are arranged to
`hold said batteries oriented side-by-side in parallel and wherein a user can at least
`partially remove a battery through said end opening by pushing the battery with
`the finger moved through the open area.
`
`41.
`
`The RadCad caddy includes each and every element of claim 12 of the ‘648 Patent either
`
`literally or under the doctrine of equivalents.
`
`42.
`
`Exhibit 16 attached hereto includes two true and accurate photographs of the RadCad
`
`caddy sold by Digital Pavilion, East Brooklyn and Firemall, with parts marked which
`
`corresponds to elements of claim 12 of the ‘648 Patent.
`
`

`

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`43.
`
`Plaintiff reserves the right to modify its infringement theories for all three patents in suit
`
`(‘648 Patent; ‘252 Patent and the ‘218 Patent) as discovery progresses in this case; it shall not be
`
`estopped for infringement contention or claim construction purposes by the claim analysis that it
`
`provides with this Complaint. The claim analysis depicted in Exhibit 16 is intended to satisfy the
`
`notice requirements of Rule 8(a)(2) of the Federal Rules of Civil Procedure and does not
`
`represent Plaintiff’ s preliminary or final infringement contentions or preliminary or final claim
`
`construction positions.
`
`44.
`
`Digital Pavilion, East Brooklyn and Firemall have infringed and continue to infringe at
`
`least claim 12 of the ‘648 Patent, pursuant to 35 U.S.C. § 271(a), at least by, without authority,
`
`making, using, offering to sell, and/or selling the RadCad with a RadCad caddy, and the RadCad
`
`caddy separately, to customers within the United States and to customers outside the United
`
`States, to be shipped within the United States and to destinations outside the United States,
`
`and/or importing the RadCad with a RadCad caddy, and the RadCad caddy separately into the
`
`United States.
`
`45.
`
`The infringement by Digital Pavilion, East Brooklyn and Firemall has caused and is
`
`continuing to cause damage and irreparable injury to Plaintiff.
`
`46.
`
`Digital Pavilion, East Brooklyn and Firemall had knowledge of the ‘648 Patent at least as
`
`early as on or around October 17, 2019 and continue to willfully infringe the ‘648 Patent.
`
`The ‘252 Patent
`
`47.
`
`Sometime before October 16, 2019, on information and belief, Digital Pavilion and East
`
`Brooklyn have directly infringed at least claims 1 and 24 of the ‘252 Patent at least by, without
`
`authority, using the RadCad within the United States in that Digital Pavilion and East Brooklyn
`
`

`

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`combined the battery caddy with batteries in the United States at least during research and
`
`development. A publicity webpage “PR Distribution” (Exhibit 15) quotes Abe Dolinger and
`
`David Sufrin describing the development of the RadCad product at East Brooklyn Labs at
`
`
`htt s://www. rdistribution.com/news/radcad-b -east-brookl
`-labs-char es-l2-hi h-ca acit -
`
`nimh-rechargeable-batteries-without-ever-leaving-their-caddy.html#. On information and belief,
`
`developing the RadCad caddie would have required the installation of batteries at some time. A
`
`true and accurate screen capture of a publicity webpage “PR Distribution” purporting to describe
`
`the development of the RadCad caddy is attached as Exhibit 15.
`
`48.
`
`Digital Pavilion, East Brooklyn and Firemall have induced infringement and continue to
`
`induce infringement of at least claims 1 and 24 of the ‘252 Patent, pursuant to 35 U.S.C. §
`
`271(b), at least by, without authority, inducing customers to use the RadCad with batteries within
`
`the United States, knowing that the RadCad caddy is especially made for use in an infringement
`
`of one or more claims of the ‘252 Patent, by providing visual instructions on combining the
`
`RadCad caddy with batteries, including as shown in Exhibits 4 and 5.
`
`49.
`
`Digital Pavilion, East Brooklyn and Firemall have contributorily infringed and continue
`
`to contributorily infringe at least claims 1 and 24 of the ‘252 Patent, pursuant to 35 U.S.C. §
`
`271(c), at least by, without authority, providing a component,
`
`the RadCad caddies, constituting a
`
`material part of at least claims 1 and 24 of the ‘252 Patent, knowing that the RadCad caddies are
`
`especially made for use in an infringement of at least claims 1 and 24 of the ‘252 Patent, that it is
`
`not a staple article of commerce suitable for substantial non-infringing use, to customers to
`
`combine the RadCad caddies with batteries, to use within the United States.
`
`50.
`
`Digital Pavilion, East Brooklyn and Firemall have contributorily infringed and continue
`
`to contributorily infringe at least claims 1 and 24 of the ‘252 Patent, pursuant to 35 U.S.C. §
`
`10
`
`

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`271(f)(2), by at least, without authority, supplying or causing to be supplied in or from the
`
`United States a non-staple article, the RadCad caddies, that is especially made for use in
`
`combination with batteries, that has no substantially non-infringing use where the RadCad
`
`caddies are uncombined with batteries, knowing that the RadCad caddies are so made and
`
`intending that the RadCad caddies will be combined with batteries outside of the United States,
`
`in a manner that would infringe at least claims 1 and 24 of the ‘252 Patent if such combination
`
`occurred within the Unite States.
`
`51.
`
`On information and belief, Digital Pavilion, East Brooklyn and Firemall have sold and
`
`shipped RadCad caddies to US customers who have stored batteries in the battery caddies.
`
`52.
`
`On information and belief, the Amazon website selling the RadCad with a RadCad caddy
`
`and/or RadCad caddies sold separately (Exhibits 4 and 5), from Digital Pavilion, East Brooklyn
`
`and Firemall, allows for shipping to customers outside the United States.
`
`53.
`
`On information and belief, the East Brooklyn website selling the RadCad with a RadCad
`
`caddy and/or RadCad caddies sold separately, allows for shipping outside the United States.
`
`54.
`
`On information and belief, the Firemall website selling the RadCad caddies sold
`
`separately, allows for shipping outside the United States.
`
`55.
`
`On information and belief, Defendants Digital Pavilion, East Brooklyn and Firemall have
`
`sold the RadCad with a RadCad caddy and/or RadCad caddies sold separately, to customers
`
`outside of the United States who have stored batteries in the battery caddies.
`
`56.
`
`Claim 1 of the ‘252 Patent recites
`
`1. In combination, a battery holding and dispensing apparatus for holding and
`dispensing household batteries, and a plurality of batteries each having a first end,
`an opposite, second end and a lengthwise body between the first and second ends
`with an electrical terminal provided on the first end or both ends, with the body
`being free of electrical terminals, the battery having a lengthwise centerline
`oriented to intersect centers of the first and second ends, the battery holding and
`
`11
`
`

`

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`dispensing apparatus comprising: a first frame including a plurality of
`compartments, each compartment sized and configured to hold one of said
`plurality of batteries and having a bottom wall, an open end, and a surrounding
`sidewall defining a space within the compartment between the open end and the
`bottom wall and a compartment centerline oriented to intersect a center of the
`open end and centered in the space defined by the surrounding sidewall, the
`compartment centerline being collinear with the lengthwise centerline of the
`battery when inserted into the compartment through the open end, each said
`surrounding sidewall sized to have a length along said respective compartment
`centerline that is equal to or greater than a length of a corresponding battery along
`said battery centerline such that the battery fits in the compartment, said first
`frame composed of molded plastic; and a plurality of detents, one detent
`protruding into a respective open end of each said compartment in order to retain
`a battery in said compartment, each detent resiliently displaceable from the
`respective open end to allow removal of the battery from the respective
`compartment through the respective open end, each detent being composed of
`molded plastic and formed in unitary fashion with the first frame.
`
`57.
`
`The RadCad caddy includes each and every element of claim 1 of the ‘252 Patent either
`
`literally or under the doctrine of equivalents, when combined with batteries.
`
`58.
`
`Exhibit 16 includes two true and accurate photographs of the RadCad caddy sold by
`
`Digital Pavilion, East Brooklyn and Firemall, with parts marked which corresponds to elements
`
`of claim 1 of the ‘252 Patent.
`
`59.
`
`Claim 24 of the ‘252 Patent recites
`
`24. In combination, a battery holding and dispensing apparatus for holding and
`dispensing household batteries, a plurality of batteries, each having a first end, an
`opposite second end and a lengthwise body between the first and second ends
`with an electrical terminal provided on the first end or both ends with the body
`being free of electrical terminals, the battery having a lengthwise centerline
`oriented to intersect centers of the first and second ends, the battery holding and
`dispensing apparatus comprising: a first frame including a plurality of
`compartments, each compartment sized to contain one battery of said plurality of
`batteries therein and having a sidewall to hold said one battery with longitudinal
`centerline of the one battery in the compartment held in an upright orientation,
`each sidewall having an opening wherein a user can touch with a finger the one
`battery held in the compartment through the opening to ascertain a battery size,
`and the compartment having a top opening for dispensing of the one battery in a
`direction parallel to the lengthwise centerline of the one battery, the first fiame
`being composed of a unitary injection molded plastic and having a protrusion into
`each compartment to retain a battery therein.
`
`12
`
`

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`60.
`
`The RadCad caddy includes each and every element of claim 24 of the ‘252 Patent either
`
`literally or under the doctrine of equivalents, when combined with batteries.
`
`61.
`
`Exhibit 16 includes two true and accurate photographs of the RadCad caddy sold by
`
`Digital Pavilion, East Brooklyn and Firemall, with parts marked which corresponds to elements
`
`of claim 24 of the ‘252 Patent.
`
`62.
`
`On information and belief, Digital Pavilion, East Brooklyn and Firemall had knowledge
`
`at least on or around October 17, 2019 that the RadCad caddy is not a staple article of
`
`commerce, and constitutes a material part of at least claims 1 and 24 of the ‘252 Patent.
`
`63.
`
`On information and belief, Digital Pavilion, East Brooklyn and Firemall had knowledge
`
`at least on or around October 17, 2019 that the RadCad caddy is especially made for use in an
`
`infringement of at least claims 1 and 24 of the ‘252 Patent.
`
`64.
`
`On information and belief, Digital Pavilion, East Brooklyn and Firemall had knowledge
`
`at least on or around October 17, 2019 that the RadCad caddy is not suitable for substantial non-
`
`infringing use of at least claims 1 and 24 of the ‘252 Patent.
`
`65.
`
`On information and belief, Digital Pavilion, East Brooklyn and Firemall had knowledge
`
`at least on or around on or around October 17, 2019 that customers would use the RadCad
`
`caddy to combine with batteries for use in the United States.
`
`66.
`
`On information and belief, Digital Pavilion, East Brooklyn and Firemall had knowledge
`
`at least on or around October 17, 2019 that customers would use the RadCad caddy to combine
`
`with batteries for use in foreign countries.
`
`67.
`
`Direct or indirect infringement by Digital Pavilion, East Brooklyn and Firemall has
`
`caused and is continuing to cause damage and irreparable injury to Plaintiff.
`
`13
`
`

`

`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 14 of 22 PageID #: 14
`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 14 of 22 PageID #: 14
`
`68.
`
`Digital Pavilion, East Brooklyn and Firemall had knowledge of the ‘252 Patent at least as
`
`early as on or around October 17, 2019 and continue to willfully infringe the ‘252 Patent,
`
`directly or indirectly.
`
`The ‘218 Patent
`
`69.
`
`As of at least October 16, 2019, Digital Pavilion, East Brooklyn and Firemall have
`
`infiinged and continue to infringe at least claims 1 and 13 of the ‘218 Patent, pursuant to 35
`
`U.S.C. § 271(a), at least by, without authority, making, using, offering to sell, and/or selling the
`
`RadCad with a RadCad caddy, or the RadCad caddies separately, within the United States.
`
`70.
`
`Claim 1 of the ‘218 Patent recites:
`
`A battery holding and dispensing apparatus, comprising: a first frame
`1.
`including a plurality of compartments, each compartment sized and configured to
`closely conform to the shape and size of the outside perimeter of a standard
`battery selected from at least one of standard battery sizes AAA, AA, C and 9V,
`in order to hold the standard battery snugly within the compartment, and having
`an open end for dispensing the standard battery out of the compartment, said first
`frame composed of rigid molded plastic; each compartment configured for
`releasably retaining the standard battery within the compartment; and wherein
`said compartments each comprise a retaining element, a bottom wall and an open
`area adjacent to the bottom wall exposing a bottom wall portion of the standard
`battery within said compartment wherein a user can touch with a finger the
`bottom wall portion of the standard battery held in the compartment through the
`open area, and wherein a user can move the standard battery away from said
`bottom wall of the compartment by a finger pushing against the bottom wall
`portion of the standard battery within the open area, wherein the standard battery
`is retained between said bottom wall and said retaining element, said retaining
`element located adjacent to said open end and wherein movement of the standard
`battery by force from the user's finger on the bottom wall portion of the standard
`battery allows removal of a portion of the standard battery from said compartment
`through said open end when said retaining element is disengaged from the
`standard battery by force from the standard battery; wherein each compartment
`has a longest axial dimension extending between the bottom wall and the open
`end corresponding to a length of the battery held therein; wherein said retaining
`element in each compartment comprises a detent protruding into an end opening
`defined by the open end of each said compartment, said detent resiliently
`displaceable from said end opening to allow removal of the standard battery from
`each of said compartments through said open end.
`
`14
`
`

`

`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 15 of 22 PageID #: 15
`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 15 of 22 PageID #: 15
`
`71.
`
`The RadCad caddy includes each and every element of claim 1 of the ‘218 Patent either
`
`literally or under the doctrine of equivalents.
`
`72.
`
`Exhibit 16 includes two true and accurate photographs of the RadCad caddy sold by
`
`Digital Pavilion, East Brooklyn and Firemall, with parts marked which corresponds to all of the
`
`elements of claim 1 of the ‘218 Patent.
`
`73.
`
`Claim 13 of the ‘218 Patent recites:
`
`13. A battery containing and dispensing apparatus for containing and dispensing
`elongated batteries, comprising: a first frame, said first frame including a plurality
`of compartments, the compartments having sidewalls to contain standard batteries
`selected from at least one of standard battery sizes AAA, AA, C and 9V with
`longitudinal axes of the batteries in an upright orientation, each sidewall having
`an opening wherein a user can touch with a finger the battery held in the
`compartment through the opening to ascertain a battery size, and each
`compartment comprises a retaining element, a bottom wall and an open end
`defining an end opening for dispensing the standard battery from each
`compartment; wherein the standard battery is retained between said bottom wall
`and said retaining element, said retaining element located adjacent to said open
`end and wherein movement of the standard battery by force from the user's finger
`on the standard battery allows removal of a portion of the standard battery from
`said compartment through said open end when said retaining element is
`disengaged from the standard battery by force from the standard battery; wherein
`each compartment has a longest axial dimension extending between the bottom
`wall and the open end corresponding to a length of the battery held therein;
`wherein said retaining element in each compartment comprises a detent
`protruding into an end opening defined by the open end of each said
`compartment, said detent resiliently displaceable from said end opening to allow
`removal of the standard battery from each of said compartments through said
`open end.
`
`74.
`
`The RadCad caddy includes each and every element of claim 13 of the ‘218 Patent either
`
`literally or under the doctrine of equivalents.
`
`75.
`
`Exhibit 16 includes two true and accurate photographs of the RadCad caddy sold by
`
`Digital Pavilion, East Brooklyn and Firemall, with parts marked which corresponds to elements
`
`of claim 13 of the ‘218 Patent.
`
`15
`
`

`

`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 16 of 22 PageID #: 16
`Case 1:20-cv-02651 Document 1 Filed 06/15/20 Page 16 of 22 PageID #: 16
`
`76.
`
`Infringement by Digital Pavilion, East Brooklyn and Firemall has caused and is
`
`continuing to cause damage and irreparable injury to Plaintiff.
`
`77.
`
`Digital Pavilion and East Brooklyn had knowledge of the ‘218 Patent at least as early as
`
`on or around November 6, 2019 and continue to willfully infringe the ‘21 8 Patent (Exhibit 10).
`
`78.
`
`On information and belief, Firemall is closely associated with Digital Pavilion and East
`
`Brooklyn, and Firemall had knowledge of the ‘218 Patent at least as early as on or around
`
`November 6, 2019 and continue to willfully infringe the ‘218 Patent.
`
`COUNT I
`
`INFRINGEMENT OF THE ‘648 PATENT
`
`79.
`
`Plaintiff realleges and incorporates by reference all of the allegations set forth in the
`
`preceding paragraphs 1-78.
`
`80.
`
`Digital Pavilion, East Brooklyn and Firemall have infringed and continue to infringe one
`
`or more claims of the ‘648 Patent, including but not limited to exemplary claim 12, pursu