UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF WISCONSIN
`GREEN BA Y DIVISION
`
`Kimberly-Clark \Vorldwide, Inc., and
`Kimberly-Clark Global Sales, LLC,
`
`Case No.
`
`Jury Trial Demanded
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`Defendants.
`)
`-----------------------)
`
`Plaintiffs,
`
`v.
`
`First Quality Baby Products, LLC, and
`First Quality Consumer Products, LLC,
`
`COMPLA INT
`
`Plaintiffs, Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Gl obal Sales, LLC
`
`(collectively, " K-C" or " Plaintiffs"), by its attorneys, for its Complaint against Defendants, First
`
`Quali ty Baby Products, LLC ("FQBP"), and First Quality Consumer Products, LLC ("FQCP")
`
`(collectively, "First Quali ty" or "Defendants"), hereby demands a jury trial and alleges as
`
`follo ws:
`
`THE PARTIES
`
`I.
`
`Kimberl y-C lark Worldwide, Inc. and Kimberly-C lark Global Sales, LLC are
`
`corporations organized and existing under the laws of the State of Delaware, and having
`
`principal places of business within thi s di strict in Neenah, Wisconsin. K-C has manufacturing,
`
`research, sales and marketing offices and faci li ties in Neenah, Wisconsin.
`
`2.
`
`Upon information and belief, Defendant FQBP is a limited liability company
`
`organi zed and existing under the laws of the State of Delaware with a place of business at
`
`Case 1:12-cv-00993-WCG
`Page 1 of 4
`
`Filed 09/28112 Page 1 of 4 Document 1
`First Quality Exhibit 1002
`
`
`EASTERN DISTRICT OF WISCONSIN
`GREEN BA Y DIVISION
`
`Kimberly-Clark \Vorldwide, Inc., and
`Kimberly-Clark Global Sales, LLC,
`
`Case No.
`
`Jury Trial Demanded
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`Defendants.
`)
`-----------------------)
`
`Plaintiffs,
`
`v.
`
`First Quality Baby Products, LLC, and
`First Quality Consumer Products, LLC,
`
`COMPLA INT
`
`Plaintiffs, Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Gl obal Sales, LLC
`
`(collectively, " K-C" or " Plaintiffs"), by its attorneys, for its Complaint against Defendants, First
`
`Quali ty Baby Products, LLC ("FQBP"), and First Quality Consumer Products, LLC ("FQCP")
`
`(collectively, "First Quali ty" or "Defendants"), hereby demands a jury trial and alleges as
`
`follo ws:
`
`THE PARTIES
`
`I.
`
`Kimberl y-C lark Worldwide, Inc. and Kimberly-C lark Global Sales, LLC are
`
`corporations organized and existing under the laws of the State of Delaware, and having
`
`principal places of business within thi s di strict in Neenah, Wisconsin. K-C has manufacturing,
`
`research, sales and marketing offices and faci li ties in Neenah, Wisconsin.
`
`2.
`
`Upon information and belief, Defendant FQBP is a limited liability company
`
`organi zed and existing under the laws of the State of Delaware with a place of business at
`
`Case 1:12-cv-00993-WCG
`Page 1 of 4
`
`Filed 09/28112 Page 1 of 4 Document 1
`First Quality Exhibit 1002
`
`
`
`Lewistown, Pennsylvania, and Defendant FQCP is a limited liability company organized and
`
`existing under th e law of the State of Delaware wi th a place of business at Mc Elhattan,
`
`Pennsylvania.
`
`mRISDICTION AND VENUE
`
`3.
`
`This action is for patent infringement under the patent laws of th e United States,
`
`35 U.S.C. § I el seq.
`
`4.
`
`This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.c.
`
`§§ 133 1, I 338(a), and 1367.
`
`5.
`
`This Court has personal jurisdiction over Defendants,
`
`inler alia, because
`
`Defendants' products, including their refastenable training pant products, are sold in, distributed
`
`to and shipped into the Eastern District of Wisconsin, and because upon information and belief
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`Defendants have done and are doing business in Wisconsin, and in this judicial distri ct. Upon
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`information and belief, Defendants have knowingly and intentionally placed their products,
`
`including their refastenable training pant products, into the stream of commerce through
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`established distribution channels expecting them to be shipped into and purchased by customers
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`in this judicial district.
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`6.
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`Venu e is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391 (c), and
`
`1400(b). Upon information and belief, Defendants reside in the Eastern Distri ct of Wisconsin.
`
`COUNT 1-INFRlNGEMENT OF U.S. PATENT NO. 8,221,378
`
`7.
`
`On July 17, 2012, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,221,378 ("the '378 patent") to Robert L. Popp, Walter A. Mattingly,
`
`and Thomas E. Williamson who assigned to K-C the entire right, title, and interest to the ' 378
`
`patent, including all ri ghts to recover for all infringements thereof. Kimberly-Clark Worldwide,
`
`2
`Case 1:12-cv-00993-WCG Filed 09/28112 Page 2 of 4 Document 1
`Page 2 of 4
`
`
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`Inc. is the owner and ass ignee of the <378 patent. Kimberl y-Clark Global Sal es, LLC is licensed
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`under the ' 378 patent. A copy of the '378 patent is attached as Exhibit A.
`
`8.
`
`Upon information and belief, Defendants have been infringing and continue to
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`infringe the ' 378 patent by making, selling and/or offering for sale a training pant product
`
`covered by one or more claims of the <378 patent.
`
`9.
`
`K-C has been damaged by Defendants' infringement.
`
`10.
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`Furthennore, Defendants' acts of infringement have been without express or
`
`implied license by K-C, are in violation of K-C's ri ghts, and will continue unless enjoined by this
`
`Court.
`
`II.
`
`K-C has been and will continue to be irreparably hanned by Defendants'
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`infringement of the '378 patent.
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`JURY DEMAND
`
`12.
`
`Trial by Jury is hereby demanded.
`
`RELIEF SOUGHT
`
`WHEREFORE, K-C prays:
`
`A.
`
`For
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`injunctive relief against furth er
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`infringement of the
`
`' 378 patent by
`
`Defendants, their officers, agents, servants, employees, attorneys, and all those persons in acti ve
`
`concert or participation with anyone or more of them;
`
`B.
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`For damages to compensate K-C for the infringement of the ' 378 patent, together
`
`with pre-judgment and post-judgment interest;
`
`C.
`
`D.
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`That K-C be awarded its fees and costs; and
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`For al1 such other and further relief as this Court deems just and proper.
`
`3
`Case 1:12-cv-00993-WCG Filed 09/28112 Page 3 of 4 Document 1
`Page 3 of 4
`
`
`
`Dated: September 28, 2012
`
`Respectfully submitted,
`
`By: 51 Daniel T. Flaherty
`Daniel T. Flaherty
`GODFREY & KAHN , SC
`100 West Lawrence Street
`P.O. Box 2728
`Appleton, Wisconsin 549 12-2728
`Te lephone: (920) 830-2800
`Facsi mile: (920) 830-3530
`djlaher/y@gklaw.colll
`
`Anthony S. Baish
`GODFREY & KAHN , SC
`780 North Water Street
`Milwaukee, Wisconsin 53202
`Te lephone: (4 14) 273-3500
`Facsimile: (4 14) 273-5 198
`Ibaish@gklaw.com
`
`Marc S. Coopemlan
`1. Pieler van Es
`Aimee B. Kolz
`B ANNER & W ITCOFF, L TD.
`10 South Wacker Dri ve - Suite 3000
`Chicago, Ill inois 60606
`Te lephone: (3 12) 463-5000
`Facsi mile: (312) 463-500 I
`mcoopermon@banlwrwilcojJcom
`pvanes@banllerwilcoffcom
`akolz@ bannerwitcoffcom
`
`Attorneys for Plaintiffs
`Kimberly-Clark Worldwide, Inc. and
`Kimberly-Clark Global Sales, LLC
`
`4
`Case 1:12-cv-00993-WCG Filed 09128112 Page 4 of 4 Document 1
`Page 4 of 4
`
`
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