Endura Prods. v. Global Prods. - Complaint

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 1 of 16
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ENDURA PRODUCTS, INC.,
a North Carolina corporation,
Plaintiff,
v.
GLOBAL PRODUCTS
INTERNATIONAL GROUP, LLC,
a Georgia limited liability company,
Defendant.
)
)
)
)
)
) Civil Action No. ______________
)
)
JURY TRIAL DEMANDED
)
)
)
)
COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Endura Products, Inc. hereby presents its Complaint in the abovecaptioned action, alleging as follows:
THE PARTIES
1.
Plaintiff Endura Products, Inc. (Endura) is a North Carolina
corporation, and has a regular and established place of business at 8817 Market
Street, Colfax, North Carolina 27235.
2.
Defendant Global Products International Group, LLC (GPI) is a
limited liability company organized under Georgia law, with its principal place of
business at 2765 Bankers Industrial Drive, Atlanta, Georgia, and having as its
registered agent for service of process Thomas J. Harrold, Jr., 1180 West Peachtree
Street NW, Suite 2100, Fulton, Atlanta, Georgia 30309.
3.
GPI manufactures or causes to be manufactured, imports, offers for
sale and/or sells and distributes the door frame assembly components accused of
infringement herein. GPI is actively engaged in conducting business within the
State of Georgia, including within this district and division.
JURISDICTION AND VENUE
4.
This is an action for injunctive relief, money damages, disgorgement
of profits, costs and attorneys fees related to GPIs patent infringement arising
under the patent laws of the United States, 35 U.S.C. 1 et seq., including 35
U.S.C. 271.
5.
This Court has subject matter jurisdiction over all causes of action set
forth herein pursuant to 28 U.S.C. 1331 and 1338(a) because this action arises
under the patent laws of the United States, including 35 U.S.C. 1 et seq.
6.
Venue is proper in this District and Division pursuant to 28 U.S.C.
1391(b) and (c) and 1400(b).

7.
This Court has personal jurisdiction over GPI, and venue is proper in
this District, because GPI is domiciled within the State of Georgia and within this
District, because GPI actively and regularly conducts business within the State of
-2-
Georgia and within this District, and because infringement is occurring within the
State of Georgia and this District.
FACTS
8.
Endura is a leading manufacturer of building products, including door
frame assembly components such as door sills, jambs, headers, astragals,

thresholds, and associated parts. Endura has a long history of technological
innovation in the building products industry, and Enduras specific contributions to
the state of the art of door frame components have substantially changed the
market for how components for door frame assemblies are designed, made and
installed.
9.
In connection with its research and development efforts to improve
door frame components and associated parts, Endura has developed two specific
inventions for door frame assembly components, which are currently protected by
the valid and subsisting United States patents referenced below.
10.
GPI is a competitor of Endura and is engaged in the business of
manufacturing and distributing door frame assembly components, including inter

alia door jambs, door sills, sill threshold caps, and corner pads (GPI
Components), to the building products industry.
-3-
11.
Upon information and belief, GPI obtains its products from offshore
manufacturers, and sells its products to component assemblers or pre-hangers,

which use GPI Components to build pre-assembled door assemblies which are sold
to contractors, millwork distributors, or retail customers throughout the United
States via retail chains such as Lowes and Home Depot. Upon information and
belief, such contractors or retail customers then install the pre-assembled door
frame assemblies, containing GPI Components, into building entryways. At
present, the identities of these manufacturers and distributors are unknown, but
may be joined to this action once identified by Endura.
12.
Upon information and belief, GPI has and is currently making, using,
selling, importing, distributing and/or offering for sale products that infringe at
least one claim of a valid patent held by Endura, as set forth specifically below.
COUNT I - INFRINGEMENT
OF U.S. DESIGN PATENT NO. D638,142
13.
Endura incorporates herein the allegations of paragraphs 1-12, above.
14.
On May 17, 2011, United States Design Patent No. D638,142 (the
142 Patent) entitled DOOR SILL THRESHOLD CAP was duly and legally
issued to Endura, protecting the new, original and ornamental design for a door sill
threshold cap as shown and described in the 142 Patent. A true and accurate copy
-4-
of the 142 Patent is attached hereto and incorporated herein by reference as

Exhibit A.
15.
Endura is the owner, by assignment, of all right, title and interest in
the 142 Patent, and has the right to bring suit for patent infringement thereon.
16.
By way of non-limiting example, representative images of select
aspects of the ornamental design protected by the 142 Patent are set forth below:
-5-
17.
Among the GPI Components, GPI manufactures or causes to be
manufactured, imports, offers for sale and/or sells an outswing door sill threshold
cap (GPI Threshold Cap) within the United States. Upon information and belief,
a schematic drawing representing the design of the GPI Threshold Cap is attached
hereto and incorporated herein by reference as Exhibit B.
18.
Upon information and belief, and by way of non-limiting example,
two graphical depictions of the GPI Threshold Cap, obtained from GPI, are set
forth below:
-6-
19.
The GPI Threshold Cap embodies the design covered by the 142
Patent, and infringes the 142 Patent. Specifically, the GPI Threshold Cap is
substantially the same as the patented design claimed in the 142 Patent, when
viewed by an ordinary observer in the context of the prior art. GPI has and
continues to directly infringe, either literally or through the doctrine of equivalents,
the 142 Patent by making, using, offering to sell and/or selling, the GPI Threshold
Cap within the United States, in violation of 35 U.S.C. 271(a).
20.
Upon information and belief, GPI has made and is continuing to make
unlawful gains and profits from its infringement of the 142 Patent.
-7-
21.
At least as early as May 25, 2016, Endura gave GPI notice of the 142
Patent and of GPIs infringement thereof. Upon information and belief, GPI has
had knowledge of the 142 Patent since its issuance date of May 17, 2011.
22.
Endura has suffered damages by reason of GPIs infringement of the
142 Patent for which Endura is entitled to relief under 35 U.S.C. 284 and 289,
and Endura will suffer additional and irreparable damages unless GPI is enjoined
preliminarily and permanently by this Court from continuing its infringement.
23.
GPIs acts of infringement have caused and continue to cause
irreparable harm to Endura. Endura does not have an adequate remedy at law.
COUNT II DIRECT INFRINGEMENT
OF U.S. UTILITY PATENT NO. 6,219,971
24.
25.
On April 24, 2001, United States Utility Patent No. 6,219,971 (the
971 Patent), entitled JAMB AND THRESHOLD ASSEMBLY WITH

WATERTIGHT SEALS, was duly and legally issued to Endura. A true and
accurate copy of the 971 Patent is attached hereto and incorporated herein by
reference as Exhibit C.
26.
By way of non-limiting example, representative images of Enduras
door corner sealing pad product which embodies the invention of the 971 Patent
are set forth below:
-8-
27.
Endura is the owner, by assignment, of all right, title and interest in
the 971 Patent, and has the right to bring suit for patent infringement thereon.
28.
By way of example and not by limitation, the 971 Patent includes
claims directed to, inter alia, a corner seal for sealing a bottom corner of an
entryway, (Claim 8) and a sealing pad for mounting to the bottom end of a
door jamb adjacent to a threshold assembly (Claim 1), and other claims depending
therefrom (collectively, the Corner Seal Claims).
29.
By way of further example and not by limitation, the 971 Patent also
includes claims directed to an entryway comprising . . . [inter alia,] a sealing pad

for mounting to the bottom end of a door jamb adjacent to a threshold assembly
(Claim 6) and other claims depending therefrom (collectively, the Entryway
Claims).
-9-
30.
Among the GPI Components, GPI manufactures or causes to be
manufactured, imports, offers for sale and/or sells a corner pad seal featuring an
angled pad with back leg (the GPI Corner Pad) within the United States. Upon
information and belief, true and correct copies of GPIs marketing brochure for the
GPI Corner Pad are attached hereto and incorporated herein by reference as
Exhibit D.
31.
Upon information and belief, and by way of non-limiting example, a
graphical depiction of the GPI Corner Pad, obtained from GPI, is set forth below:
32.
Upon information and belief, the GPI Corner Pad infringes the subject
matter claimed in the Corner Seal Claims of the 971 Patent, either literally or
through the doctrine of equivalents.
-10-
33.
GPI has therefore directly infringed and continues to infringe the 971
Patent, either literally or through the doctrine of equivalents, by making, using,

offering for sale and/or selling the GPI Corner Pad within the United States, in
violation of 35 U.S.C. 271(a).
34.
Upon information and belief, GPI has made and is continuing to make
unlawful gains and profits from its infringement of the 971 Patent.
35.
Endura marks the two-pack packages containing its door corner
sealing pads as required by 35 U.S.C. 287(a).

36.
Upon information and belief, GPI has had knowledge of the 971
Patent since its issuance date of April 24, 2001, and of the patent application or
publication that led to the 971 Patent since before its issuance date, at least
because GPI was monitoring the progress of the patent application related to the
971 Patent.
37.
971 Patent for which Endura is entitled to relief under 35 U.S.C. 284, and
Endura will suffer additional and irreparable damages unless GPI is enjoined
38.
-11-
COUNT III CONTRIBUTORY INFRINGEMENT

OF U.S. UTILITY PATENT NO. 6,219,971
39.
40.
GPI sells its GPI Corner Pad to door assemblers or pre-hangers within
the United States, for use in connection with door frame assemblies installed in
building entryways.
41.
The GPI Corner Pad constitutes a material part of the invention
claimed in the Entryway Claims of the 971 Patent, such that GPI engages in
contributory patent infringement of the Entryway Claims of the971 Patent when
the GPI Corner Pad is included in a door frame assembly installed in a building
entryway as further described in the Entryway Claims of the 971 Patent.
42.
If GPI is not directly infringing Claim 1 of the 971 Patent, the GPI
Corner Pad constitutes a material part of the invention claimed in Claim 1 of the
971 Patent, such that GPI engages in contributory infringement of Claim 1 of the
971 Patent when the GPI Corner Pad is included in a door frame assembly
installed in a building entryway as further described in Claim 1 of the 971 Patent.
43.
Upon information and belief, GPI imports, offers for sale and/or sells
the GPI Corner Pad for use in practicing the invention claimed in the Entryway
Claims of the 971 Patent, and in the alternative, Claim 1 of the 971 Patent,
-12-
knowing the same to be especially made or especially adapted for use in a door
frame assembly installed in an entryway in a manner that infringes the Entryway
Claims, and in the alternative Claim 1, of the 971 Patent.
44.
The GPI Corner Pad is not a staple article or commodity of commerce
suitable for substantial non-infringing use, but instead is a component specifically

designed for use in door frame assemblies installed in entryways, and for no other
use, and as such is meant to and does compete directly with Enduras corner pad
designed for the same use.
45.
The GPI Corner Pad is not suitable for substantial non-infringing uses.
The GPI Corner Pads sole use is for inclusion in door frame assemblies installed
in entryways. An entryway which infringes the Entryway Claims, or in the
alternative Claim 1, of the 971 Patent, requires a component such as the GPI
Corner Pad to function in the specific manner described in the 971 Patent
46.
GPI has therefore contributorily infringed and continues to
contributorily infringe the 971 Patent, either literally or through the doctrine of
equivalents, by making, using, offering to sell and/or selling, the GPI Corner Pad
for inclusion in door frame assemblies installed in entryways within the United
States, in violation of 35 U.S.C. 271(c).
-13-
47.
Upon information and belief, GPI is making unlawful gains and
profits from its infringement of the 971 Patent.

48.
971 Patent for which Endura is entitled to relief under 35 U.S.C. 284, and
Endura will suffer additional and irreparable damages unless GPI is enjoined
49.
PRAYER FOR RELIEF
WHEREFORE, Endura prays:
(a)
that GPI be declared to have infringed the patented design claimed in
the 142 Patent;

(b)
that GPI be declared to have directly infringed one or more of the
claims of the 971 Patent under 35 U.S.C. 271(a);

(c)
that GPI be declared to have contributorily infringed one or more of
the claims of the 971 Patent under 35 U.S.C. 271(c) ;

(d)
that the Court issue a preliminary and permanent injunction pursuant
to 35 U.S.C. 283 against the continuing infringements of the claims of the 142
-14-
Patent by GPI, its officers, agents, employees, attorneys, representatives, and all
others acting in concert therewith;
(e)
that the Court issue a preliminary and permanent injunction pursuant
to 35 U.S.C. 283 against the continuing infringements of the claims of the 971
Patent by GPI, its officers, agents, employees, attorneys, representatives, and all
others acting in concert therewith;
(f)
that the Court order an accounting for all monies received by or on
behalf of GPI and all damages sustained by Endura as a result of GPIs

aforementioned infringements, that such monies and damages be awarded to
Endura, and that interest and costs be assessed against GPI pursuant to 35 U.S.C.
284;
(g)
alternatively, with respect to Count I, that the Court order an
accounting of the total profit of GPI arising from GPIs aforementioned

infringement of Enduras design patent, and that such total profits be awarded to
Endura pursuant to 35 U.S.C. 289;
(h)
that the Court declare this an exceptional case and order that GPI pay
to Endura its reasonable attorneys fees and costs, pursuant to 35 U.S.C. 285; and
(i)
that the Court award such further and other relief to Endura as the
Court deems just, together with its costs and disbursements in this action.
-15-
DEMAND FOR A JURY TRIAL

Pursuant to FED. R. CIV. P. 38, Endura hereby demands trial by jury as to all
issues so triable in this action.
Respectfully submitted, this 3rd day of October, 2016.
WOMBLE CARLYLE SANDRIDGE & RICE, LLP
Of Counsel:
Charles A. Burke
Jack B. Hicks
Stephen F. Shaw
300 North Greene Street, Suite 1900
Greensboro, NC 27401
Telephone:
336-574-8052
Facsimile:
336-574-4521
E-Mail: cburke@wcsr.com,
jhicks@wcsr.com, stshaw@wcsr.com
/s/ Preston H. Heard

Preston H. Heard
GA Bar No. 476319
271 17th Street, Suite 2400
Atlanta, Georgia 30363
Telephone: (404) 872-7000
Facsimile: (404) 870-8178
E-Mail: pheard@wcsr.com
Counsel for Plaintiff Endura

Products, Inc.
-16-
Case 1:16-cv-03700-ELR Document 1-1 Filed 10/03/16 Page 1 of 12
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Case 1:16-cv-03700-ELR Document 1-4 Filed 10/03/16

WEATHERSTRIP,
WEATHERSEAL
PADS & WOOLPILE
Features & Benefits
Page 2 of 2
www.gpimillworks.com
Weatherstrip
650 Reach and 750 Reach
Fire rated and non-fire rated
Available in White, Beige and Dark Bronze
Weatherseal Pads
Angled pad 1-5/8" and 2"
Angled pad with back leg 1-5/8" and 2"
Available in White, Beige and Dark Bronze
Woolpile
Pile Heights: .130" to .750"
Pile Densities: light, medium, high, or
very high
Backing
Widths: .180", .187", .200", .210", .229",
.250", .270" and .310"
Adhesive: available on .817", .270"
and .310"
Available with or without fin
Available in White, Beige,
Dark Bronze, Grey or Black
SALES CONTACT
GPI Millworks
Terry Wiley
256.452.1944
terry.wiley@gpimillworks.com
2765 Bankers Industrial Drive

Atlanta, GA 30360
www.gpimillworks.com
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JS44 (Rev. 6/16 NDGA)
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
I. (a) PLAINTIFF(S)
DEFENDANT(S)
ENDURA PRODUCTS, INC.,

a North Carolina corporation
GLOBAL PRODUCTS INTERNATIONAL GROUP, LLC,

a Georgia limited liability company,
(b) COUNTY OF RESIDENCE OF FIRST LISTED
COUNTY OF RESIDENCE OF FIRST LISTED

DEFENDANT
GUILFORD COUNTY
PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED
(C)
ATTORIV E & S
ATTORNEYS
(FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND

E-MAIL ADDRESS)
(IF KNOWN)
Preston H. Heard (pheard@wcsr.com )

Womble Carlyle Sandridge & Rice, LLP
271 17th Street, Suite 2400
Atlanta, GA 30363
404-888-7366
II. BASIS OF JURISDICTION
III. CITIZENSHIP OF PRINCIPAL PARTIES
(PLACE AN "X" IN ONE BOX ONLY)
(PLACE AN "X" IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF
1 U.S.GOVERNMENT
PLAINTIFF
3 FEDERALQUESTION
(U.S. GOVERNMENT NOT A PARTY)
U U.S.
GOVERNMENT 04 DIVERSITY
02
DEFENDANT
(INDICATE CITIZENSHIP OF PARTIES
DEF
PLF
1 CITIZEN OF THIS STATE
02
DEF
INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE
CITIZEN OF ANOTHER STATE 5
INCORPORATED AND PRINCIPAL

PLACE OF BUSINESS IN ANOTHER STATE
FOREIGN NATION
IN ITEM 111)
3
IV.. ORIGIN
D I ORIGINAL
PROCEEDING
03 CITIZEN OR SUBJECTOFA
FOREIGN COUNTRY
(PLACE AN "X "IN ONE BOX ONLY)

2 REMOVED FROM
STATE COURT
JUDGE
3 REMANDED FROM 4 REINSTATED OR S ANOTHER DISTRICT 1 6 LITIGATION ' CT 7 FROM MAGISTRATE JUDGE
APPELLATE COURT
REOPENED
(Specify District)
TRANSFER
JUDGMENT
MULTIDISTRICT
8 LITIGATIONDIRECT FILE
V. CAUSE OF ACTION
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)
This is an action for injunctive relief, money damages, disgorgement of profits, costs and attorneys' fees related to GPI's
patent infringement arising under the patent laws of the United States, 35 U.S.C. 1 et seq., including 35 U.S.C. 271.
(IF COMPLEX, CHECK REASON BELOW)

1.
Unusually large number of parties.
6.
2.
Unusually large number of claims or defenses.
7.
Pending parallel investigations or actions by government.
3.
Factual issues are exceptionally complex
8.
Multiple use of experts.
4.
Greater than normal volume of evidence,
9.
Need for discovery outside United States boundaries.
0 5. Extended discovery period is needed.
Problems locating or preserving evidence
010. Existence of highly technical issues and proof.
FOR OFFICE USE ONLY

RECEIPT #
AMOUNT S
APPLYING IFP
MAO. JUDGE (IFP)
JUDGE
MAO. JUDGE
NATURE OF SUIT
CAUSE OF ACTION
(RcicrralJ

VI. NATURE OF SUIT
IT (PLACE AN "X" IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK
I5)) RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS
CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

440 OTHER CIVIL RIGHTS
fl 441 VOTING
442 EMPLOYMENT
443 HOUSING/ ACCOMMODATIONS
444 WELFARE
445 AMERICANS )vith DISABILITIES - Employment
446 AMERICANS rcith DISABILITIES - Other
448 EDUCATION
CONTRACT - "4" MONTHS DISCOVERY TRACK

110 INSURANCE
20 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
I
151 MEDICARE ACT
16(1 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE
IMMIGRATION - "0" MONTHS DISCOVERY TRACK

462 NATURALIZATION APPLICATION
465 OTHER IMMIGRATION ACTIONS
PRISONER PETITIONS - "0" MONTHS DISCOVERY

TRACK
463 HABEAS CORPUS- Alien Detainee
510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVIL RIGHTS - Filed Prose
555 PRISON CONDITION(S) - Filed Prose
560 CIVIL DETAINEE: CONDITIONS OF
CONFINEMENT
REAL PROPERTY - "4" MONTHS DISCOVERY

TRACK
211) LAND CONDEMNATION

220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY
SOCIAL SECURITY - "0" MONTHS DISCOVERY

TRACK
861 HIA(I395B)
862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW )405)g))
864 SSID TITLE XVI
865 RSI(405(g))
FEDERAL TAX SUITS - "4" MONTHS DISCOVERY

TRACK
870 TAXES (U.S. Plaintiff or Defendmlt)
871 IRS - THIRD PARTY 26 USC 7609
OTHER STATUTES - "4" MONTHS DISCOVERY

TRACK
PRISONER PETITIONS - "4" MONTHS DISCOVERY

TRACK
T(IRTS - PR R SON A I IN II IR V - "d" 64(53T1-I0
315 AIRPLANE PRODUCT LIABILITY

321) ASSAULT. LIBEL & SLANDER
330 FEDERAL EMPLOYERS LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY
550 CIVIL RIGHTS - Filed by Counsel

555 PRISON CONDITION(S) - Filed by Counsel
FORFEITURE/PENALTY - "4" MONTHS DISCOVERY

TRACK
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
69(1 OTHER
LABOR -"4" MONTHS DISCOVERY TRACK

71(1 FAIR LABOR STANDARDS ACT
7281 LABOR/MGMT. RELATIONS
7411 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION
791 EMPL. RET. INC. SECURITY ACT
PROPERTY RIGHTS - "4" MONTHS DISCOVERY

TRACK
TORTS - PERSONAL PROPERTY - "4" MONTHS

DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY
82)) COPYRIGI-ITS
840 TRADEMARK
375 FALSE CLAIMS ACT

376 Qui Tam 31 USC 3729(a)
40) STATE REAPPORTIONMENT
43)) BANKS AND BANKING
450 COMMERCE/ICC RATES/ETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS
488 CONSUMER CREDIT
4911 CABLE/SATELLITE TV
890 OTHER STATUTORY ACTIONS
891 AGRICULTURAL ACTS
893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT
899 ADMINISTRATIVE PROCEDURES ACT/
REVIEW OR APPEAL OF AGENCY DECISION
950 CONSTITUTIONALITY OF STATE STATUTES

TRACK
410 ANTITRUST
85)) SECURITIES / COMMODITIES / EXCHANGE

TRACK
696 ARBITRATION
(Confirm / Vacate / Order / Modify)
* PLEASE NOTE DISCOVERY

TRACK FOR EACH CASE TYPE.
SEE LOCAL RULE 26.3
PROPERTY RIGHTS -"8" MONTHS DISCOVERY

TRACK
830PATENT
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK
422 APPEAL 28 USC 158

423 WITHDRAWAL 28 USC 157
VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $
JURY DEMAND YES NO
See Section V. above
(CHECK YES ONLY IF DEMANDED IN COMPLAINT)
VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE
DOCKET NO.
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES:
(CHECK APPROPRIATE BOX)

l. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5.
REPETITIVE CASES FILED BY PROSE LITIGANTS.
6.
COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
0
D.
04
7.
EITHER SAME OR ALL OF THE PA RTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
, WHICH WAS

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Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Endura Products, Inc. (Endura) is a North Carolina

Defendant Global Products International Group, LLC (GPI) is a

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 2 of 16

GPI manufactures or causes to be manufactured, imports, offers for

This is an action for injunctive relief, money damages, disgorgement

Venue is proper in this District and Division pursuant to 28 U.S.C.

1391(b) and (c) and 1400(b).

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 3 of 16

Endura is a leading manufacturer of building products, including door

frame assembly components such as door sills, jambs, headers, astragals,

In connection with its research and development efforts to improve

GPI is a competitor of Endura and is engaged in the business of

manufacturing and distributing door frame assembly components, including inter

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 4 of 16

manufacturers, and sells its products to component assemblers or pre-hangers,

Endura incorporates herein the allegations of paragraphs 1-12, above.

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 5 of 16

of the 142 Patent is attached hereto and incorporated herein by reference as

Endura is the owner, by assignment, of all right, title and interest in

By way of non-limiting example, representative images of select

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 6 of 16

Among the GPI Components, GPI manufactures or causes to be

Upon information and belief, and by way of non-limiting example,

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 7 of 16

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 8 of 16

Endura has suffered damages by reason of GPIs infringement of the

GPIs acts of infringement have caused and continue to cause

Endura incorporates herein the allegations of paragraphs 1-23, above.

971 Patent), entitled JAMB AND THRESHOLD ASSEMBLY WITH

By way of non-limiting example, representative images of Enduras

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 9 of 16

Endura is the owner, by assignment, of all right, title and interest in

By way of example and not by limitation, the 971 Patent includes

includes claims directed to an entryway comprising . . . [inter alia,] a sealing pad

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 10 of 16

Among the GPI Components, GPI manufactures or causes to be

Upon information and belief, and by way of non-limiting example, a

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 11 of 16

Patent, either literally or through the doctrine of equivalents, by making, using,

Endura marks the two-pack packages containing its door corner

sealing pads as required by 35 U.S.C. 287(a).

Endura has suffered damages by reason of GPIs infringement of the

GPIs acts of infringement have caused and continue to cause

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 12 of 16

COUNT III CONTRIBUTORY INFRINGEMENT

Endura incorporates herein the allegations of paragraphs 1-38, above.

The GPI Corner Pad constitutes a material part of the invention

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 13 of 16

The GPI Corner Pad is not a staple article or commodity of commerce

suitable for substantial non-infringing use, but instead is a component specifically

GPI has therefore contributorily infringed and continues to

Case 1:16-cv-03700-ELR Document 1 Filed 10/03/16 Page 14 of 16

Upon information and belief, GPI is making unlawful gains and

profits from its infringement of the 971 Patent.

Endura has suffered damages by reason of GPIs infringement of the

GPIs acts of infringement have caused and continue to cause

that GPI be declared to have infringed the patented design claimed in

the 142 Patent;

that GPI be declared to have directly infringed one or more of the

claims of the 971 Patent under 35 U.S.C. 271(a);

that GPI be declared to have contributorily infringed one or more of

996!!