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Chicago Dryer Company, an Illinois corporation, FinishTech Ltd., an Illinois corporation, Stanley McCabe, an individual, and McCabe Corporation, a Texas corporation. Plaintiffs, v. Jensen USA, Inc. a North Carolina corporation, Jensen-Group NV, a Belgian corporation, Defendants.
COMPLAINT FOR PATENT INFRINGEMENT Chicago Dryer Company, FinishTech Ltd., Stanley McCabe, and McCabe Corporation (collectively, Plaintiffs) bring this complaint against Defendants Jensen USA, Inc. and NV Jensen-Group. (collectively, Defendants). As its complaint against Defendants, Plaintiffs allege as follows: NATURE OF THE ACTION 1. This is an action under 35 U.S.C. 271 for infringement of United
States Patent No. 5,515,627 (the 627 Patent) entitled Apparatus and Method for Feeding Flatwork Articles, a true and correct copy of which is attached as Exhibit 1. 2. The 627 Patent was duly, properly and legally issued on May 14, 1996.
3.
Defendants have infringed and are infringing the 627 Patent through
their activities throughout the United States and in this District relating to flatwork feeding machines. THE PARTIES 4. Plaintiff Chicago Dryer Company (Chicago Dryer) has been
manufacturing laundry equipment in Chicago, Illinois since the late 1800s. Chicago Dryer is organized as an Illinois corporation with a principal place of business at 2200 North Pulaski Road, Chicago, Illinois 60639. 5. Chicago Dryer manufactures and sells flatwork finishing equipment,
including machines for separating, feeding, ironing, and folding flatwork articles. Chicago Dryer has manufactured and sold products including the Edge, Edge Maxx, EMM-V, King Edge, King Edge Vac, and Edge Ultra Maxx. Chicago Dryer is sublicensed to practice the 627 Patent. 6. FinishTech Ltd. is an Illinois corporation with a principal place of
business at 2860 South River Road, Suite 350, Des Plaines, Illinois 60018. FinishTech is the exclusive licensee of the 627 Patent. 7. McCabe Corporation is a Texas corporation with a principal place of
business at 1317 Harvard, Lubbock, Texas 79403. McCabe Corporation builds flatwork finishing equipment. 8. Stanley G. McCabe is an individual residing in Lubbock, Texas, and is
9.
Carolina corporation having its principal place of business at 99 Aberdeen Loop, Panama City, Florida 32405. 10. On information and belief, NV Jensen-Group (Jensen-Group) is a
corporation organized under the laws of Belgium and has its principal place of business at Bijenstraat 6, 9051 Sint-Denjis-Westrem, Belgium. 11. On information and belief, Defendants have made targeted efforts to
sell infringing products in this District. 12. Defendants have maintained systematic and continuous contacts with
this District through solicitation of sales of infringing products through websites and targeted advertising in trade journals, including solicitations for the Jensen Jenfeed Express high-volume feeder. 13. March 2011. 14. March 2011. 15. On information and belief, Defendants have been aware of the 627 Jensen USA has been aware of the 627 Patent since at least Jensen-Group has been aware of the 627 Patent since at least
patent for over ten years. 16. In March 2011, Jesper Jensen, CEO of Jensen-Group, requested a
meeting with Bruce Johnson, President of Chicago Dryer. 17. Messrs. Jensen and Johnson met at the Gaslight Club located at the
18.
Defendants in taking a license under the 627 Patent. 19. 20. Defendants are not and have never been licensees of the 627 Patent. On information and belief, Defendants have solicited sales of the
Jenfeed Express feeder to potential customers, including customers residing in this District. 21. On information and belief, Defendants have offered to sell the Jenfeed
Express feeder to the National Acquisition Center of the U.S. Department of Veterans Affairs located in Hines, Illinois. 22. Defendants solicited the Jenfeed Express feeder in two advertisements
of the June 2013 edition of Textile Services a trade journal for laundry, linen, and uniform management companies. 23. Chicago Dryer received a copy of the June 2013 edition of Textile
Services at its Chicago headquarters. 24. By June 19, 2013, Defendants installed a Jenfeed Express feeder in a
booth directly across from Chicago Dryers booth at the Clean 2013 show, a trade show for the laundry, dry cleaning, and textile services industry in New Orleans, Louisiana. 25. As of the filing of this Complaint, Defendants were soliciting sales of
the Jenfeed Express feeder at the Clean 2013 show. JURISDICTION AND VENUE 26. This Court has subject matter jurisdiction over Plaintiffs patent
27.
to due process and/or at least because of their substantial business in this forum, activities directly related to the 627 Patent, and/or deriving substantial revenue through sales in Illinois and this District. 28. Venue is proper in this District under 28 U.S.C. 1391(b) because a
substantial part of the events giving rise to Plaintiffs claims occurred in this District and because Defendants are subject to personal jurisdiction in this district. 29. A real, immediate, and justiciable controversy exists between Plaintiffs
and Defendants relating to infringement of the 627 Patent. PATENT INFRINGEMENT 30. Plaintiffs repeat and reallege the allegations of paragraphs 1 through
29 above, as though fully set forth herein. 31. Defendants sell, offer to sell, use in the United States and import into
the United States flatwork feeding devices, including at least the Jenfeed Express feeder. 32. On information and belief, Defendants have directly infringed one or
more claims of the 627 Patent within this District, and elsewhere within the United States, through their offer for sale, sale, use, and/or importation of the Jenfeed Express feeder and/or other flatwork feeding devices. 33. 34. harm. Defendants have willfully infringed the 627 Patent since at least 2011. Unless enjoined, Defendants acts will cause Plaintiffs irreparable
WHEREFORE, Plaintiffs pray that this Court: A. B. C. D. Adjudge the 627 Patent enforceable and not invalid; Adjudge that Defendants have infringed the 627 Patent; Adjudge that Defendants have willfully infringed the 627 Patent; Grant a permanent injunction restraining and enjoining Defendants,
and their officers and representatives, from further infringement of the 627 Patent during the remaining term thereof; E. Award Plaintiffs damages for Defendants infringement of the 627
Patent, in an amount to be determined at trial, including interest under 35 U.S.C. 284; F. Award Plaintiffs an increase in damages up to three times the amount
found or assessed, in view of Defendants willful and intentional violation of Plaintiffs patent rights under 35 U.S.C. 285; G. Award Plaintiffs their attorneys fees, costs and expenses in this
action, due to the exceptional nature of this case; and H. Such other and further relief as the Court may deem proper and just.
JURY DEMAND Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs hereby demand a trial by jury on all issues triable of right by a jury. Respectfully submitted, Dated: June 20, 2013 By: /s/ David H. Bluestone David H. Bluestone Illinois Bar No. 6269436 Email: dbluestone@brinkshofer.com Charles M. McMahon Illinois Bar No. 6270255 Email: cmmahon@brinkshofer.com Karina Yuen Y. Wong Illinois Bar No. 6304400 Email: kwong@brinkshofer.com BRINKS HOFER GILSON & LIONE NBC Tower, Suite 3600 455 North Cityfront Plaza Drive Chicago, IL 60611-5599 (312) 321-4200 Attorneys for Plaintiffs Chicago Dryer Company, FinishTech Ltd., McCabe Corporation, and Stanley McCabe.