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DEMAND FOR A JURY TRIAL
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laws of Delaware, having its principal place of business at 400 Anchor Mill Road, New Castle,
Delaware 19720.
2.
organized and existing under the laws of California, having a place of business and registered
agent address at 15125 Proctor Avenue, City of Industry, California 91746.
3.
On information and belief, Defendant offers certain goods and services under the
This Court has jurisdiction over the subject matter of this action pursuant to 28
This Court has personal jurisdiction over Defendant by virtue of the fact that,
interalia, it has committed the tortious act of patent infringement pursuant to 35 U.S.C. 271
that has led to foreseeable harm and injury to Speakman in the State of Delaware, and throughout
the United States.
6.
This Court also has personal jurisdiction over Acorn by virtue of the fact that
Acorn is at home in Delaware as reflected by the fact that it regularly does or solicits business in
Delaware, engages in other persistent courses of conduct in Delaware, and/or derives substantial
revenue from services or things used or consumed in Delaware, including by selling its products
in Delaware and, therefore, can reasonably expect to be subject to jurisdiction in the Delaware
courts. Among other things, on information and belief, Acorn conducts marketing and sales
activities in the State of Delaware, including, but not limited to, distribution, marketing, and
sales of products to Delaware residents that are continuous and systematic.
7.
1400(b).
8.
This is an action for infringement of United States Patent No. D635,386 under the
-2-
Since opening its doors nearly a century and a half ago, Speakman has been an
innovative and leading manufacturer of shower heads, faucets, and bathroom accessories. In
connection with its research and development efforts to improve its product offerings, Speakman
developed an innovative new design for a liquid dispenser that is currently protected by the valid
and subsisting United States patent referenced below.
11.
On April 5, 2011, United States Patent No. D635,386 (the 386 patent), entitled
Liquid Dispenser, was duly and legally issued to Speakman Company. The 386 patent
claims, interalia, the ornamental design for a liquid dispenser. A true and correct copy of the
386 patent is attached hereto as Exhibit A.
12.
Speakman is the owner, by assignment, of all right, title, and interest in the 386
patent, and has the right to bring this suit for patent infringement thereon.
13.
Products, Inc. (BSP), BSP is the sole distributor of liquid dispensers covered by the 386
patent.
14.
Speakman has been manufacturing, and BSP has been advertising, promoting,
marketing, and selling, BSPs SKU# SF370 Ligature Resistant Sensor Faucet and SKU#
SF380 Ligature Resistant Metering Faucet (collectively, BSPs Patented Products) which are
commercial embodiments of the ornamental design of the 386 patent, since at least as early as
December 2010. BSPs Patented Products products have been commercially successful and
well-received by the industry.
15.
The advertising materials and website for BSPs Patented Products products were
duly marked with the 386 patent number since at least as early as March 2012, and on
information and belief at least as early as April 2011. The product packaging materials for
-3-
BSPs Patented Products products were duly marked with the 386 patent number since at least
as early as 2014.
DEFENDANTS INFRINGING ACTIVITY
16.
plumbing fixtures, products and systems for institutional and commercial markets. Whitehall
Manufacturing is a fictitious name and division of Defendant that advertises itself as a provider
of in-room patient care units and toilets, surgical scrub sinks, and other products.
17.
Defendant sells through the same or similar trade channels as Speakman and BSP,
including directly to consumers and through nationwide industrial supply distributors such as
Grainger and Ferguson.
18.
for sale, selling and/or importing products that fall within the scope of the 386 patent (the
Infringing Products).
19.
The Infringing Products offered for sale and sold by Defendant include the
Whitehall Ligature Resistant Sensor Activated Faucet 4 Centerset, Model No. WH3375-SO.
20.
Pictured below on the left are FIGs. 1, 3, and 7 from the 386 patent, and pictured
-4-
US D635,386
WH3375-SO Faucet
-5-
21.
On information and belief, Defendant was aware of the 386 patent and/or BSPs
Patented Products prior to developing the Infringing Products, and took efforts to copy the
design of the 386 patent and/or BSPs Patented Products.
22.
Defendant intended to confuse, deceive, and mislead the public through its
wrongful conduct.
23.
Defendants acts are likely to cause consumer confusion because of, interalia, the
Infringing Products, including into this judicial district, has been without the permission,
authority, or license of Speakman, and constitutes infringement of the 386 patent.
COUNT I
Infringement of the 386 Patent
25.
forth herein.
26.
Defendant has infringed and is continuing to infringe the 386 patent by making,
using, offering for sale, selling and/or importing within the United States, including within this
judicial district, Infringing Products that fall within the scope of the 386 patent.
27.
These acts constitute patent infringement under 35 U.S.C. 271(a), for which
On information and belief, the Defendant will continue to infringe the 386 patent
unless enjoined by the Court. Speakman is entitled to a preliminary and permanent injunction
pursuant to 35 U.S.C. 283 restraining Defendant, its officers, agents, employees, and all
persons acting in concert with them from engaging in further infringement of the 386 patent.
-6-
29.
infringement that are adequate to compensate for the infringement pursuant to 35 U.S.C. 284,
and damages for infringement of a design patent, including all the Defendants profits resulting
from the infringement pursuant to 35 U.S.C. 289, but in any event no less than a reasonable
royalty pursuant to 35 U.S.C. 284.
30.
Speakman is entitled to recover its costs, expenses, and reasonable attorneys fees
The circumstances of the infringement renders this case an exceptional case under
The circumstances of this case justify enhanced damages under 35 U.S.C. 284,
described above unless those activities are precluded by this Court. Speakman has no adequate
remedy at law.
COUNT II
Unfair Competition in Violation of Section 43(a) of the Lanham Act
34.
forth herein.
35.
-7-
37.
and/or continued with full knowledge of Speakmans rights, thus constituting willful unfair
competition.
38.
Defendants wrongful acts and unfair competition greatly and irreparably damage
Speakman and will continue to damage Speakman unless restrained by this Court. Speakman is
without an adequate remedy at law.
COUNT III
Unfair Competition under Delaware Common Law
39.
forth herein.
40.
This claim arises under Delaware common law for unfair competition, namely
Speakman has suffered and will continue to suffer damage to its business, trade, reputation, and
goodwill as a result of the erroneous perception that the goods and services of Defendant are
affiliated with, sponsored by, approved by, or originate from Speakman.
42.
and/or continued with full knowledge of Speakmans rights, thus constituting willful unfair
competition.
-8-
44.
Defendants wrongful acts and unfair competition greatly and irreparably damage
Speakman and will continue to damage Speakman unless restrained by this Court. Speakman is
without an adequate remedy at law
PRAYER FOR RELIEF
WHEREFORE, Speakman respectfully requests the following relief:
A.
A declaration that Defendant has infringed the patented design claimed in the
386 patent;
B.
the 386 patent by Defendant, its officers, agents, employees, attorneys, representatives, and all
others acting in concert therewith;
C.
arising from Defendants aforementioned infringement of Speakmans design patent, and that
such total profits be awarded to Speakman pursuant to 35 U.S.C. 289;
E.
G.
Such other and further relief as the Court may deem just and proper.
-9-
OF COUNSEL:
Preston H. Heard
WOMBLE CARLYLE SANDRIDGE & RICE, LLP
271 17th Street, NW, Suite 2400
Atlanta, GA 30363
Telephone: (404) 888-7366
PHeard@wcsr.com
38360329
-10-
EXHIBIT A
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I. (a) PLAINTIFFS
DEFENDANTS
SPEAKMAN COMPANY
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