Case 5:15-cv-01137-GTS-TWD Document 1 Filed 09/21/15 Page 1 of 5

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
JJG IP HOLDINGS, LLC,
COMPLAINT

AND

Civil Action No. 5:15-CV-1137

(GTS/TWD)

GREEN MACHINE SALES, LLC

Plaintiffs,

v.
POLYMERIC TECHNOLOGY, INC.,
Defendant.

Plaintiffs JJG IP Holdings, LLC ("JJG") and Green Machine Sales, LLC (Green
Machine") (collectively, "Plaintiffs"), by and through their attorneys, Bond, Schoeneck &
King, PLLC, hereby alleges as its Complaint against defendant Polymeric Technology,
Inc. ("Poly-Tech") as follows:
JURISDICTION
1.

This is an action for design patent infringement brought under the patent

laws of the United States, including 35 U.S.C. 271 et seq.

2.

This Court has subject matter jurisdiction in this action pursuant to 28

U.S.C. 1331 and 1338(a).

PARTIES
3.

JJG is a limited liability company organized and existing under the laws of

the State of New Hampshire and having a place of business at 5 Gigante Drive,
Hampstead, NH 03841.

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Case 5:15-cv-01137-GTS-TWD Document 1 Filed 09/21/15 Page 2 of 5

4.

Green Machine is a limited liability company organized and existing under

the laws of New Hampshire and having places of business at 11 E. Genesee St.,
Baldwinsville, NY 13027 and 8300 NY Rte. 79, Whitney Point, NY 13862.
5.

Upon information and belief, Poly-Tech is a corporation organized and

existing under the laws of the State of California, and is authorized to do business in the
State of New York.
DESIGN PATENT INFRINGEMENT
6.

JJG is a holding company.

7.

Green Machine is an operating and sales company that designs,

manufactures, markets and sells waste recycling equipment, including a consumable

product referred to as a "Star" for use on a waste separator machine.
8.

JJG is the owner of all right, title and interest in U.S. Design Patent No.

690,749 ("the '749 patent"), which duly issued on October 1, 2013. A copy of the '749
patent is attached as Exhibit A.
9.

Green Machine is the exclusive licensee under the '749 patent,

possessing the exclusive right to make, have made, offer for sale, and sell the patented
Star in the United States.
10.

JJG and Green have discovered that Poly-Tech is making, offering for

sale and/or selling Stars with substantially the same design as that depicted and
claimed in the '749 patent.
11.

In sales initiatives, Poly-Tech specifically refers to replacement stars for

use on Green's separators. One Poly-Tech quote made to a Green customer contained
the following wording and pictures:

2551934.1 9/21/2015

Case 5:15-cv-01137-GTS-TWD Document 1 Filed 09/21/15 Page 3 of 5

:"We make recycling stars/discs for MRFs with sorters such as JJG
Machine for 40-50% less than the OEM price with better quality than the
OEM. This is a potential savings of $10,000's per vear. We supply
customers such as WM and Republic with our high-quality stars.
The price for the standard split 6 spoke ~ 13" JJG Machine star is
$33.00/star
This is the star I'm talking about:

Let me know if I can get you some free samples.".

12.

The making, using, selling, offering for sale, and/or importing of the knock-

off Stars by Poly-Tech constitutes patent infringement under 35 U.S.C. 271.

13.

Poly-Tech, upon information and belief, is committing willful infringement

by making, using, selling, and/or offering for sale its knock-off Stars with knowledge that
the products infringe the '749 patent.

2551934.1 9/21/2015

Case 5:15-cv-01137-GTS-TWD Document 1 Filed 09/21/15 Page 4 of 5

14.

On September 15, 2014, JJG notified Poly-Tech in a letter that it

considered the manufacture and sale of the Stars to be an infringement of the '749
patent and demanded that Poly-Tech cease and desist from further infringing the '749
patent. A copy of this letter is attached as Exhibit B.
15.

Poly-Tech has failed to cease and desist the infringing acts.

16.

Poly-Tech's willful infringement and deliberate disregard for Plaintiff's

statutory rights warrant a trebling of damages pursuant to 35 U.S.C. 284, and a

finding that this case is exceptional under 35 U.S.C. 285, thereby entitling Plaintiffs to
an award of costs and attorneys' fees.
17.

Plaintiffs have no adequate remedy at law.

PLAINTIFF DEMANDS A TRIAL BY JURY

WHEREFORE, Plaintiffs pray that the Court:

(a)

Enter judgment that Poly-Tech has infringed U.S. Design Patent No. 690,749;

(b)

Enter judgment that Poly-Tech's acts of infringement are willful;

(c)

Enter judgment that this is an exceptional case under 35 U.S.C. 285;

(d)

Pursuant to 35 U.S.C. 283, enjoin Poly-Tech, its officers, agents, servants, and

employees, and all parties who are in active concert or participation with them, from
directly or indirectly making, having made, selling, offering for sale, distributing, using, or
importing into the United States any products that infringe U.S. Design Patent No.
690,749;
(e)

Order Poly-Tech to account for and pay to Plaintiffs damages adequate to

compensate for the infringement under 35 U.S.C. 284, but in no event less than a
reasonable royalty;

2551934.19/21/2015

Case 5:15-cv-01137-GTS-TWD Document 1 Filed 09/21/15 Page 5 of 5

(f)

Order Poly-Tech to account for and pay to Plaintiffs all profits derived by Poly-

Tech from infringing U.S. Design Patent No. 690,749 under 35 U.S.C. 289;
(g)

Award Plaintiffs treble damages pursuant to 35 U.S.C. 284;

(h)

Award Plaintiffs their prejudgment interest and costs pursuant to 35 U.S.C.

284, and its attorneys' fees under 35 U.S.C. 285;

(i)

Grant Plaintiffs such other and further relief as the Court may deem just and

proper.

Dated: September 21, 2015

Respectfully submitted,

BOND, SCHOENECK & KING, PLLC

By:

s/ Georqe R. McGuire

George R. McGuire (509056)

One Lincoln Center
Syracuse, NY 13202-1355
Telephone: (315) 218-8000
Facsimile: (315) 218-8100
Attorneys for Plaintiff

2551934.1 9/21/2015

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 1 of 9

EXHIBIT A

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 2 of 9

111111

(12)

1111111111111111111111111111111111111111111111111111111111111
USOOD690749S

United States Design Patent

(10)

Green et al.

(45)

(54)

SORTING DISK

(75)

Inventors: John F. Green, Baldwinsville, NY (US);

Peter Mendre, Haverhill, MA (US);
Thomas M. Taylor, Lisle, NY (US)

(73)

Assignee: JJG IP Holdings, LLC, Hampstead, NH

(US)

(**)

Term:

(21)

Appl. No.: 29/422,960

(22)

Filed:

(63)

Continuation of application No. 12/762,430, filed on

Apr. 19, 2010, now abandoned.

14 Years

May 25, 2012

Patent No.:
Date of Patent:

6,648,145
7,004,332
7,661,537
D630,659
D631,900
D680,419
2009/0045032
20 I 0/0264069
201110108467
201110147281
2011/0303587
2012/0325729

132
132
Bl

s *
s *
s *

AI *
AI *
AI*
A1 *
A1 *
AI*

US D690,749 S

**

Oct. 1, 2013

11/2003 Davis eta!.

212006 Davis
2/2010 Sewell
........... DIS/147
1/2011 Dibbs ........
2/2011 Prochaska et a!. ........... 015/147
..... D8/354
4/2013 Green eta!. " ' "
2/2009 Yamagishi eta!. ........... 194/344
10/2010 Green eta!.
......... 209!262
5/2011 Campbell eta!. ............. 209/522
6/2011 Davis ............................ 209/671
12/2011 Doppstadt ct a!. ............ 2091672
12/2012 Cappozzo ..................... 209!369

* cited by examiner
Primary Examiner- Patricia Palasik
(74) Attorney, Agent, or Firm Maine Cemota & Rardin

Related U.S. Application Data

(51)
(52)
(58)

LOC (9) CI. .................................................. 15-99

U.S.CI.
USPC ......................................................... D15/147
Field of Classification Search
USPC ................. DS/349, 354; 0151147; 209/262,
209/282, 283, 309, 363, 365.1, 659, 660,
209/664, 666, 667, 668, 671, 672, 930; 403/344
See application file for complete search history.
References Cited

(56)

U.S. PATENT DOCUMENTS

* 2/1873 Hamachck .. .... .. .. .... .. .. .. .. .. 4/3 51
* 5/1996 Hauch ......................... D15/147
412002 Austin et al.

136,105 A
D369,817 s
6,371,305 Bl

(57)
CLAIM
The ornamental design for a sorting disk, as shown and
described.

DESCRIPTION
FIG.
FIG.
FIG.
FIG.
FIG.
FIG.
FIG.

1 is
2 is
3 is
4 is
5 is
6 is

a perspective view of a sorting disk;

a
a
a
a
a
7 is a

top view thereof;

left side view thereof;
bottom view thereof;
right side view thereof;
front view thereof; and,
back view thereof.

1 Claim, 7 Drawing Sheets

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 3 of 9

U.S. Patent

Oct. 1, 2013

F'l(-'.J. 1.

Sheet 1 of 7

US D690,749 S

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 4 of 9

U.S. Patent

Oct. 1, 2013

Sheet 2 of7

FIG. 2

US D690, 749 S

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 5 of 9

U.S. Patent

Oct. 1, 2013

FIG. 3

Sheet 3 of7

US D690,749 S

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 6 of 9

U.S. Patent

Oct. 1, 2013

Sheet 4 of7

,..-

"""

0
~

.FIG. 4

US D690,749 S

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 7 of 9

U.S. Patent

Oct. 1, 2013

Sheet 5 of7

FIG. 5

US D690,749 S

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 8 of 9

U.S. Patent

Oct. 1, 2013

Sheet 6 of7

FIG. 6

US D690, 749 S

Case 5:15-cv-01137-GTS-TWD Document 1-1 Filed 09/21/15 Page 9 of 9

U.S. Patent

Oct. l, 2013

Sheet 7 of7

FIG. 7

US D690, 749 S

Case 5:15-cv-01137-GTS-TWD Document 1-2 Filed 09/21/15 Page 1 of 2

EXHIBIT B

Case 5:15-cv-01137-GTS-TWD Document 1-2 Filed 09/21/15 Page 2 of 2

MAINE CERNOTA&RARDlN
ADVOCATI RES MENTIS

VIA FIRST CLASS MAIL

AND EMAIL to J2tool@poly-tek.com

September I5, 20 14

Mr. Steven Tool

Director of Sales & Marketing
Polymeric Technology, Inc. (D/B/A Poly-Tek)
1900 Marina Blvd.
San Leandro, CA 94577

Re: Patent Infringement

Dear Mr. Tool:
We are counsel to JJG IP Holdings, LLC, owner of federal patent rights in and to a sorting elise design, which is
used in their line of sorting equipment for use in material recovery facilities. Enclosed for yom reference is a copy ol'
United States Patent No. D 690,749.
It has come to our attention that your company has been offering a copy of our client's patented sorting disc (see
attached), without authorization, even going so far as to solicit current Green Machine customers via email. This
activity is causing irreparable harm and may constitute patent infringement.

We must insist that you immediately cease all sales of the sorting elise, destroy your entire inventory of such product
and refrain from offering it for sale during the remaining term of the aforementioned patent. While JJG IP Holdings,
LLC has no desire to institute a lawsuit, if you fail to accede to our requests we shall be forced to consider our
options.
We will expect your confirmation of compliance by October I, 2014.

Enclosure:
United States Patent Number D690,749
Picture of Polymeric Technology, Inc. Sorting Disc

547 Amherst Street- 3rd Floor Nashua, NH 03063-4000 Office: 603.886.6100 Fax: 603.886.4796
AOVOCA:fl RES Mr:N'riS

JS 44 (Rev. 12/12)

Case 5:15-cv-01137-GTS-TWD Document 1-3 Filed 09/21/15 Page 1 of 2

5:15-CV-1137 (GTS/TWD)
CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as re<juired by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SF!i INSTRUCTIONS ON NI:XT PACJ!i OF THIS HJRAI)

I. (a) PLAINTIFFS

DEFENDANTS

JJG IP HOLDINGS, LLC and GREEN MACHINE SALES, LLC,

POLYMERIC TECHNOLOGY, INC.,

'-'R,o,c"'kwinccg~h,.al.!m_,______

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(f::YC!il'T IN U.S. l'IAINTIFF CAS/iS)

(IN U.S. PLAINTIFF CAS/iS ONI.Y)

NOTE:

(C)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Attorneys (Firm Name, Address, and Telephone Numhe1)

George R. McGuire
Bond, Schoeneck & King, PLLC
One Lincoln Center, Syracuse, New York 13202-1355

II. BASIS OF JURISDICTION (Place an "X" inOneBoxOnlyJ

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfar !'lain/iff

and One Boxfor IJ~fendant)

(h!r !Jiversity Cases Only)

0 I

0 2

U.S. Government
Plaintiff

1"1

U.S. Government
Defendant

0 4

Fecleral Question

(U.S'. Government Not a Party)

Diversity
(Indicate Citizens/zip c?f Parties in Item !II)

Citizen of This State

PTF
0 1

DEF
0 1

Citizen of Another State

0 2

Citizen or Subject of a
Foreign Countt

0 3

PTF
Incorporated or Principal Place
of Business In This State

IncOivorated and Principal Place

of Business In Another State

Foreign Nation

DEF
0 4

0 5
6

0 6

IV NATURE OF SUIT (!'lace an "X" inOneBoxOnlyJ

CONTRACT

0
0
0
0
0
0
0

0
0
0
0
0

TORTS

II 0
120
130
140
150

Insurance
Marine
Miller Act
Negotiable Instnunent
Recovety of Overpayment
& Enforcement of Judgment
151 Medicare Act
!52 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benetits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0

210
220
230
240
245
290

REAL PROPERTY
Land Condemnation
Foreclosure
Rent Lease & Ejectment
Torts to Land
Tort Product Liability
All Other Real Property

0
0
0
0
0
0
0

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injmy
362 Personal Injmy Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/DisabilitiesEmployment
446 Amer. w/DisabilitiesOther
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
0 365 Personal Injmy Product Liability
0 367 Health Care/
Phannaceutical
Personal Injmy
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
0 463 Alien Detainee
0 51 0 iv1otions to Vacate
Sentence
0 530 General
0 535 Death Penalty
Other:
0 540 Mandamus & Other
0 550 Civil Rights
0 555 Prison Condition
0 560 Civil Detainee
Conditions of
Confinement

0 625 Drug Related Seizure

of Property 21 USC 881

BANKRUPTCY

0 422 Appeal 28 USC !58

0 423 Withdrawal

0 690 Other

28

usc

!57

PR PERTY RIGHTS

0 820 Copyrights

1"1

830 Patent

OTHER STATUTES

0
0
0
0
0
0
0

0 840 Trademark
0
0
0
0
0
0

LAB R
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

0
0
0
0
0

SO( IAL SE 2lJRITY

861 HIA (!395ft)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SS!D Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

0 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRS-Third Pat1y
26 usc 7609

0
0
0
0
0
0
0
0
0

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Depot1ation
470 Racketeer Influenced and
C01n1pt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION

0 462 Naturalization Application

0 465 Other Immigration
Actions

V. ORIGIN

(Piacean "X"inOneBoxOnly)

)g! I Original
Proceeding

0 2 Removed from
State Court

Remanded from
Appellate Court

0 4 Reinstated or
Reopened

5 Transferred from
Another District

0 6 Multidistrict
Litigation

(specifY)

Cite the U.S. Civil Statute under which you are filing (Do not citejuri.wlictiomtlstatute.\tmles.\' diversity):

VI. CAUSE OF ACTION 35 U.S.C. Section 271, et se

Brief description of cause:

Design Patent Infringement

VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, FRCv P

DEMAND$

CHECK YES only if demanded in complaint:

JURY DEMAND:

)sl:l Yes

0 No

(See instruction\):

DOCKET NUMBER

DATE

09/21/2015

#0206-3422480

FOR OFFICE USE ONLY

RECEIPT#

AMOUNT

$400

APPLYING IFP

JUDGE

GTS

MAG. JUDGE

5:15-cv-1137

TWD

Case 5:15-cv-01137-GTS-TWD Document 1-3 Filed 09/21/15 Page 2 of 2

.IS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
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required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
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