Solo Cup v. Coverpack - Complaint

Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 1 of 6 PageID #:1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SOLO CUP OPERATING CORPORATION,
Plaintiff,
v.
CONVERPACK, INC.
Defendant.
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Case No.
JURY TRIAL DEMANDED
COMPLAINT FOR DESIGN PATENT INFRINGEMENT

Solo Cup Operating Corporation (Plaintiff) files this Complaint against Defendant
Converpack, Inc. (Converpack), and Plaintiff alleges as follows:
Nature of the Action
1.
This Complaint seeks injunctive relief and damages for Defendants infringement
of Plaintiffs design patent, U.S. Design Patent D635,855 (D855 Patent - Exhibit 1) pursuant
to 35 U.S.C. 271, 283-284 and 289.
The Parties
2.
Plaintiff, Solo Cup Operating Corporation, an affiliate company of Dart Container
Corporation, is a Delaware corporation with a business address of 7575 S. Kostner Ave.,

Chicago, Illinois 60652, and operates business that includes the manufacture and sale of
disposable serving ware products such as disposable cups and lids.
3.
Upon information and belief, Defendant, Converpack is a Florida corporation
having a business address at 9265 NW 101st Street, Medley, Florida 33178. On information and
belief, Defendant, inter alia, manufactures, advertises, imports and sells in the United States,
hot-cup lid products such as the accused products identified in this Complaint.
Jurisdiction and Venue

4.
This action arises under the Patent Act, 35 U.S.C. 271 and 281-289. This
Court has subject matter jurisdiction over the claim of this action pursuant to 28 U.S.C. 1331
and 1338.
5.
This Court has personal jurisdiction over Defendant based at least upon the fact
that the infringement alleged herein has occurred, and continues to occur, within this District, by
Defendants advertisement, importation and sale of products that infringe Plaintiffs D855
design patent.
6.
Venue is proper pursuant to 28 U.S.C. 1391(b) and (c).

Background and Facts Related to this Action
7.
Plaintiff is a global manufacturer and supplier of food and beverage container
products including hot-cup lids, and is the owner by assignment of the D855 Patent.
8.
On information and belief, Defendant manufactures and/or imports, advertises
and sells hot-cup lid products in the United States and within this District, including the lid
products that are identified as the Accused Products as shown in Exhibit 2. Defendant has
marketed and/or sold the Accused Products through display and promotional advertisement at
trade shows in the United Sates, including trade shows within this District. Defendant advertised
the Accused Products in May 2016 at its exhibit booth (Booth # 981) of the 2016 National
Restaurant Association show held in McCormick Place in Chicago, Illinois, including
distribution of its product catalog of Exhibit 3.
9.
Defendants Accused Products have appearances which infringe the Design
Patent rights of Plaintiff, as demonstrated in the side-by-side comparison of the Accused

Products with the design of the D855 Patent shown below.
Design Patent D635,855
10.
Defendants Accused Product
On information and belief, Defendant continues to infringe the D855 Patent by
Defendants advertisement and sale of the Accused Products within the United States and within
this District, marketing and selling the products via its web site at http://www.converpack.com/products/hot-lids (Exhibit 4). Further, Defendants web site of http://www.converpack.com, provides customers a product catalog, sales sheet and credit application for customers
to purchase the Accused Products in the United States, wherein its customers include large
national chains, small regional chains, foodservice distributors, convenience store chains and
coffee roasters. (Group Exhibit 5).
11.
On information and belief, Defendant's marketing and distribution of the Accused
Products has been, and continues to be, willful. Further, Defendant has continued its infringing
activity after Plaintiff provided notice of infringement of the patent and demanded that
Defendant cease such activity.
CAUSE OF ACTION
COUNT I Design Patent Infringement (35 U.S.C. 271-289)
12.
Plaintiff re-alleges and incorporates herein paragraphs 1 through 11 of this
Complaint.
13.
Plaintiffs D855 Patent, titled Drink Cup Lid covers a novel ornamental
appearance for a cup lid that has a curved recess area as shown and claimed by the Figures of the
patent (Exhibit 1).
14.
The D855 Patent is in full force and has not expired, and was assigned to
Plaintiff, who remains as the owner of the patent.

15.
Defendant has directly infringed and continues to infringe the D855 Patent by
manufacturing, importing, using, selling, and/or offering to sell in the United States hot cup lid
products that are identical to or otherwise embody the design shown in the figures of the D855
Patent, including the products shown in Exhibit 2 (the Accused Products). Defendants use of
the design covered by the D855 Patent is not authorized or licensed by Plaintiff, and thereby
constitutes infringement of the D855 Patent.
16.
Defendants infringing activity of marketing Accused Products at trade shows and
directly to customers and distributors in the United States and in this District, its activity of
manufacturing and/or importing the Accused Products into the United States, and its sale of the
Accused Products directly to customers and distributors in the United States has caused damages
owed to Plaintiff, including all lost profits from Defendants sale of its Accused Products,
pursuant to 35 U.S.C. 289. Further, Defendants infringement of the D855 Patent is continuing
and is likely to do so, which causes Plaintiff irreparable harm unless enjoined.
PRAYER FOR RELIEF
WHEREFORE, as to all Counts of this Complaint, Plaintiff requests that this Court enter
a judgment of design patent infringement in favor of Plaintiff and against the Defendant, and
grant relief as follows:
A. Permanently enjoin and restrain the Defendant, its parents, subsidiaries, holding
companies, licensees, owners, directors, officers, partners, assigns, related entities,
affiliates, predecessors, successors, employees, representatives, trustees, receivers, agents
and any other persons or entities acting on behalf of the Defendant or with Defendant's
authority, from using, selling, offering for sale, marketing, advertising, importing into the
United States or promoting to anyone in the United States the products identified as the
Accused Products, such as is shown in Exhibit 2 of the Complaint and identified in
Defendants web site marketing materials of Exhibits 3 through 5 of this Complaint and
any like products having an appearance confusingly similar to the design of the D855
Patent;
B. Require Defendant to recall from the channels of trade in the United States all products,
packaging, advertising and promotional material sold or distributed by Defendant (or its
affiliates and/or distributors) that embody a product configuration of the Accused Products
depicted in Exhibit 2 of the Complaint;
C. Require that Defendant discontinue any use of the manufacturing molds used by
Defendant to manufacture products having the appearance such as shown in Exhibit 2 of
the Complaint, and that such molds may not be resold or distributed to others and instead
shall be destroyed or marketed solely for destruction as scrap metal;
D. Require that Defendant pay to Plaintiff, as damages for design patent infringement,
Defendants profit resulting from the sale of all products having an appearance as shown in
Exhibit 2 of the Complaint, pursuant to 35 U.S.C. 289;
E. Require that the Defendant reimburse Plaintiff for all fees, disbursements and costs
incurred in bringing this action; and,
F. Award Plaintiff such other and further relief as this Court deems equitable.
Jury Demand
Plaintiff hereby demands a trial by jury on all issues rightfully triable to a jury.
Dated: August 25, 2016
Respectfully submitted,
s/Bradley F. Rademaker___
Bradley F. Rademaker, Esq.
Michael R. Turner, Esq.
NEAL GERBER & EISENBERG LLP
2 North LaSalle Street, Suite 1700
Chicago, Illinois 60602
Tel: (312) 269-8000
brademaker@ngelaw.com
mturner@ngelaw.com
Attorneys for Plaintiff
SOLO CUP OPERATING CORP.
Case: 1:16-cv-08362 Document #: 1-1 Filed: 08/25/16 Page 1 of 5 PageID #:7
EXHIBIT 1

USO0D635855S
(12) United States Design Patent (10) Patent No.:

Smith et al.
(54)
4,589,569
4,615,459
4,619,372
D287,919
DRINK CUP LID
(75) Inventors: Stephen A. Smith, Naperville, IL (US);

Kevin Ray Smith, Round Lake Beach,
IL (US); Robert Joseph Schaefer,
Baltimore, MD (US); Bradley F.
Rademaker, LaGrange, IL (U S)
Term:
D299,010
4,938,379
4,978,024
5,253,781
5,348,181
5,398,843
D368,624
5,588,561
5,624,053
D379,928
14 Years
Related US. Application Data
(51)
LOC (9) Cl.
(52)
(58)
US. Cl. .................................... ..

D9/447; D9/454
Field of Classi?cation Search ................. .. D9/454,
.............. .. 09-07
D9/447, 438, 435; D7/392.1; 220/719, 713,

220/712, 711, 254.3, 254.1, 253
See application ?le for complete search history.
References Cited
U.S. PATENT DOCUMENTS
1,725,393 A
8/1929 Cone
D181,109 S
10/1957 Jocelyn
D209,483 S
3,994,411 A
4,138,033 A
12/1967 Frank
11/1976 Efelt et al.
2/1979 Payne et a1.
A
A
A
A
A
Wall
Kellner
Newman et al.
Van Melle etal.
Smith etal.
Warden et al.
Forrer
Ness
Freek et al.
Freek et al.
S010 #TLB316-007 Black Plastic Travel Lid 1000C/S s0l0-tlb316
(Continued)
27, 2005, now abandoned.
D255,530 S
6/1988 Seppala
12/1988
7/1990
12/1990
10/1993
9/1994
3/1995
4/1996
12/1996
4/1997
6/1997
0007-12-16-20-0Z-bl.pdf From the Internet Dec. 29, 2010*
(62) Division of application No. 29/239,152, ?led on Sep.
4,319,692
4,350,260
4,441,624
4,460,103
4,579,245
Clements
Clements
McFarland
Clements
OTHER PUBLICATIONS
Nov. 12, 2010
(56)
S
A
A
A
A
A
S
A
A
S
5/1986
10/1986
10/1986
1/1987
M Apr. 12, 2011
(Continued)
(21) App1.No.: 29/379,016

(22) Filed:
A
A
A
S
4,753,365 A
(73) Assignee: Solo Cup Operating Corporation, Lake

Forest, IL (US)
(**)
US D635,855 S
(45) Date of Patent:
6/1980
Daenen et al. ............ .. D10/46.3
3/1982
9/1982
4/1984
7/1984
4/1986
Gundlach
Prueher
Soklowski
Rama et al.
Narushko
Primary Examiner * Susan Bennett Hattan
(74) Attorney, Agent, or Firm * Banner & Witcoff, Ltd.
(57)
CLAIM
The ornamental design for a drink cup lid, as shown and

described.
DESCRIPTION
FIG. 1 is a top perspective view of a drink cup lid showing a
?rst embodiment of our new design;
FIG. 2 is a top plan view of the lid shown in FIG. 1;
FIG. 3 is a top perspective view of a drink cup lid showing a
second embodiment of our new design; and,
FIG. 4 is a top plan view of the lid shown in FIG. 3.
The broken lines showing the remainder of the drink cup lid
are for environmental purposes only and form no part of the
claimed design. The bottom view is not claimed.
1 Claim, 2 Drawing Sheets
US D635,855 S
Page 2
US. PATENT DOCUMENTS
7,134,566 B2 *
D535,561 S *
11/2006
1/2007
Smith et al. .............. .. 220/254.1

Smith et al. ..
D9/454
1533331133 12
$1332 FDemlfre l
13536,249 s *
2/2007 Smith et al. ..
13,402,556 S
5 911,331 A
M1998 Free 6 a~
M999 Brylf
13539,649 s *
13539,650 s *
4/2007 Smith et al. .................. .. 139/454

4/2007 Smith et al. .................. .. 139/454
13540,167 s *
4/2007 Smith et al. ..
5947323 A
D416,755 S
D417,845 S
5,996,837 A
D436 867 S
DAM/223 S
D447,412 S
9/l999 F0 T;
Tee
l
6 a~
13543,777 s
11/1999 Trombly
.
12/1999 Sadlier et al.

12/1999 Freek et al.
V2001
M001 cprelttzei 6 a'
6,305,571 B1
6,374,726 B1
6,419,105 B1
10/2001 Chu
4/2002 Melton
7/2002 Bruce et al.
6,419,112 B1
6,464,099 B1
7/2002 Bruce et al.

10/2002 Portman et al.
D467 500 S
a
D468206 S
6,505,753 B1
1/2003 Freek et al.
D470,890 S
6,578,726 B1
2/2003 Meyer
6/ 2003 Schaefer
134765566 S
P476391 5
7/2003 Smlth et 31'

W003 C1219 e 31'
D477,223 S
6,612,456 B1
13480968 S
13624,356 s
D629,298 S
2003/0089713
2003/0141302
2004/0195239
2005/0211713
2007/0131692
0/2002 Cudmore etal

V2003 Weiss et a1
'
Seum et al. ..
137/392.1
*
*
D9/447
D9/447
D9/447
5/2009 Tedford, Jr. ..
139/447
9/2010 Davies et al.

137/392 1
12/2010 Wong ........................... .. D9/447
A1
5/2003 Belt et al
A1
7/2003 Ryan et al
A1
10/2004 Rush et al
A1
9/2005 Goeking
et al.
*
A1
6/2007 Smith et al.
*
2008/0156803 A1
220/2547
7/2008 McClellan et al. ...... .. 220/2541
OTHER PUBLICATIONS
Dixie Lid #DL9645 Dome Fits 10 OZ Paper Hot Cup GP2ProductPdf.

pdf From the Internet Dec. 29, 2010*
DiXie Lid #TL6 Tear Tab for SM6C Of SM6C5 GPProductPdfpdf
From the Internet Dec. 29, 2010. *
7/2003 Smith et al.

9/2003
6/2007
7/2008 Rush et al.

4/2009 Freeman ..
5/2009 Tedford, Jr. ..
13592,056 s *
"Y e a'
9/2001 Durdon
139/454
D572,587 S
D591,151 S
D591,595 S
. 139/454
Hundley et al.
10/2003 Atkins
. .
Web Page WWW.lollicupstore.comhohotcups1l1.html from Lol1cup
6 644 490 B2
110003 Clarke
154853758 S * 1/2004 Clarke et a1 D9/447
6,679,397 B2*
1/2004 Smith 6161. .
6,783,018 B1 *
8/2004 Rondeau .................. .. 220/2543
. 220/254.1
D500,343 S
6,905,044 B1
6,991,128 B1
12/2004 McRobbie
6/2005 Russo et al.
7,131,551 B2 *
11/2006 Smith ...................... .. 220/254.1
Coffee & Tea Website, Product Honor Hot Cup Sipper Lid as an
internet site image, (dated Sep. 29, 2005) known to exist as early as
5911262005.
Patton, Phil, Top This, 1D. Magazine, pp. 39-47, May/Jun. 2005.
Publication of TM Application No. 76/357,2554Of?cial Gazette, p.

260, Jun, 10, 2003,
1/2006 Russo et al.

* cited by examiner
US. Patent
Apr. 12, 2011
Sheet 1 012
US D635,855 S
US. Patent
Apr. 12, 2011
Sheet 2 of2
US D635,855 S
EXHIBIT 2
Convverpack Accused
d Produ
ucts
EXHIBIT 3
EXHIBIT 4
ConverPack
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Hot Lids
Material size and function are all important considerations. Converpack cup lids are made from Polystyrene
which is light weight and flexible.
Available in black or white. Cup sizes available in 10oz - 24oz use same size lid. Same material double the
thickness.
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Headquarters, Factory & Warehouse

9230-9250 NW 102th Street
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Phone: (786) 304-1680
Fax: (786) 304-1687
http://www.conver-pack.com/products/hot-lids
CONTACT US
2014 ConverPack. All Rights Reserved

Design and Developed by:
Legal Notice
Privacy Statements
8/25/2016
EXHIBIT 5
Cups that are as Original as You are!

Add a personal touch with ConverPack
You make it your way, now you can serve it your way
in our NEW ConverPack Customized Printed Cups!
Available for both hot and cold beverages, these
disposable cups can give your business the
personalized touch you have been looking for. PLUS
with every sale, you will be building brand recognition
for your company. But it gets even better, these cups
HOT
Cups
HOT
Cup Lids
are also available in a large variety of sizes to suit your

specific needs. Choose from our selection of disposable
paper cups and use our high quality printing services to
embellish them with your companys logo, slogan, and
marketing message. And, if a custom design is not
needed, ConverPack also offers these same great cup
sizes with stock designs that you can choose from.
For more information contact us today!

ConverPack, Inc. x 9230-9250 NW 102 Street x Medley, FL 33178
P: 786.304.1680 x sales@conver-pack.com x www.conver-pack.com
CATALOG
2013
Visit our website: www.conver-pack.com
COMPANY
Located
in Medley, Florida
Converpack is a privately held company
Related to Konie Brand 2nd largest paper
cone cup company in the world with 64 years
in the business
Converpack was established in 2011 utilizing
the core competencies of Konie Cup, but
with a mission to manufacture single-use hot
and cold paper cups and disposable lids
WHY CONVERPACK?
The
company is backed by a team of highly

skilled engineering and technical
professionals
Staff is well qualified and trained for both
domestic and international markets
Committed to offer premium products and
be one of the most cost-effective suppliers
Finished products are manufactured and
packed in the USA
TERRITORY COVERAGE
Converpack is strategically located to service the USA, Canada,

Mexico, Caribbean, Latin, Central and South America, Europe and Asia
CONVERPACK MARKETS
Large
Small
national chains
regional chains
Foodservice
distributors
Convenience
Coffee
store chains
Roasters
COLD
PAPER CUPS
3.52
3.52
4.88
3.88
12 oz. (squat)
3.52
3.52
5.91
16 oz.
6.24
20 oz.
MEASUREMENTS ARE IN INCHES
4.12
7.03
22 oz.
4.53
7.48
32 oz.
44 oz.
PRODUCT LISTING
Cold Paper Cups
ITEM
CUP SIZE
DESCRIPTION
CASE
COUNT
PACKAGE
CASE
CUPS
PER
SLEEVE
CASE
CUBE
CASE
NET
WEIGHT
(LBS)
CASE
GROSS
WEIGHT
(LBS)
PALLET
CONFIGURATION
PALLET
COUNT
12CPCS-WHITE
or
12CPCS-STOCK
12 oz.
(squat)
2000
25
80
4.4
37.0
39.4
6x4
24
16CPC-WHITE
or
16CPC-STOCK
16 oz.
1000
20
50
2.6
23.7
25.5
20CPC-WHITE
or
20CPC-STOCK
20 oz.
1000
20
50
3.7
32.5
34.6
8x4
32
22CPC-WHITE
or
22CPC-STOCK
22 oz.
1000
20
50
3.3
35.2
37.1
8x4
32
32CPC-WHITE
or
32CPC-STOCK
32 oz.
500
20
25
3.3
23.4
24.9
6x5
30
44CPC-WHITE
or
44CPC-STOCK
44 oz.
500
20
25
4.8
30.1
32.6
6x5
30
8x5
40
Cold Cup Lids
12 (squat) 22 oz.
32 oz.
44 oz.
PRODUCT LISTING
Cold Cup Lids
ITEM
L1222C90
L32C105
L44C115
LID DESCRIPTION
12 22 oz.
Flat Translucent
Lid
32 oz.
Flat Translucent
Lid
44 oz.
Flat Translucent
Lid
Flat Translucent Lid
CASE
COUNT
PACKAGE
CASE
LIDS
PER
SLEEVE
CASE
CUBE
CASE
NET
WEIGHT
(LBS)
CASE
GROSS
WEIGHT
(LBS)
1000
100
10
1.2
4.5
5.2
1000
100
10
1.7
4.7
5.4
6 x 10
60
1000
100
10
2.0
7.4
8.1
4 x 11
44
PALLET
CONFIGURATION
6 x 11
PALLET
COUNT
66
HOT PAPER CUPS

3.15
2.87
2.47
3.72
3.15
2.38
4 oz.
7 oz.
3.54
3.70
4.37
10 oz. (squat)
MEASUREMENTS ARE IN INCHES
3.80
8 oz.
3.54
3.54
10 oz.
3.54
5.90
5.35
12 oz.
3.35
16 oz.
20 oz.
PRODUCT LISTING
Hot Paper Cups
ITEM
4HPC-WHITE
or
4HPC-STOCK
7HPC-WHITE
or
7HPC-STOCK
8HPC-WHITE
or
8HPC-STOCK
10HPC-WHITE
or
10HPC-STOCK
10HPCS-WHITE
or
10HPCS-STOCK
12HPC-WHITE
or
12HPC-STOCK
16HPC-WHITE
or
16HPC-STOCK
20HPC-WHITE
or
20HPC-STOCK
CUP SIZE
DESCRIPTION
CASE
COUNT
PACKAGE
CASE
CUPS
PER
SLEEVE
CASE
CUBE
CASE NET
WEIGHT
(LBS)
CASE GROSS
WEIGHT
(LBS)
PALLET
CONFIGURATION
PALLET
COUNT
4 oz.
1000
20
50
1.0
9.5
10.5
14 x 7
98
7 oz.
2000
20
100
2.7
31.0
33.0
9x3
27
8 oz.
1000
20
50
1.8
19.5
21.0
9x5
45
10 oz.
1000
20
50
2.6
20.34
22.24
9x5
45
10 oz.
(squat)
1000
20
50
3.1
21.7
24.0
8x4
32
12 oz.
1000
20
50
3.0
24.9
27.2
8x4
32
16 oz.
1000
20
50
3.4
29.6
31.7
8x3
24
20 oz.
600
15
40
2.4
20.1
21.7
9x4
36
Hot Cup Dome Lids
10 (squat) 24 oz. Dome Lid
PRODUCT LISTING
Hot Cup Lids
White Dome Lids
ITEM
CUP SIZE
DESCRIPTION
CASE
COUNT
PACKAGE
CASE
LIDS
PER
SLEEVE
CASE
CUBE
CASE
NET
WEIGHT
(LBS)
CASE
GROSS
WEIGHT
(LBS)
PALLET
CONFIGURATION
PALLET
COUNT
L1024H90
10 oz. S 24 oz.
White Dome Lid
1000
10
100
1.7
7.99
8.7
4 x 13
52
Some of Our Customers

In USA:
In South America:
PAPER AND INKS
Cups are made from raw materials sourced only

from sustainable or forestry stewardship initiatives
(SFI Certificate)
Food grade PE coating keeps liquids inside cups
and prevents leaking
Flexographic inks are FDA compliant and made
from approved materials for direct contact with
beverages
PRINTING CAPABILITIES
Flexographic printing process

Wide range of cup sizes from 4 oz. - 44 oz.
Up to 7 pantone colors
Lead times: 30 days after art approval 15 days
on reorders
QUALITY
Top
of the line paper thickness

FDA approved water based inks
Produced under the most hygienic conditions
following International Standards
Quality Assurance (QA) which covers all activities
from design and development to production
Smooth roll rims to ensure comfort and safety
HACCAP Procedures
QC/QA PROCEDURES
Pressure
Testing
Vision Inspection System
Automation
Cup manufacturing / Cup discarding
Cup lid counting
Random manual leak testing
SUSTAINABILITY
Converpack
follows its own stringent guidelines for

achieving the best product design while adhering
to an ambitious recycling and waste reduction
program
Committed to protecting human health, natural
resources and the environment
Dedicated to minimize the environmental impact
of our products and operations
Continuous improvement through better
efficiencies and innovation
SUSTAINABLE FORESTRY
INTIATIVE (SFI)
CERTIFICATE
CONTACT INFORMATION:
CONVER PACK INC.
9230-9250 NW 102nd STREET
MEDLEY, FL. 33178
PHONE: (786) 304 -1680
TOLL-FREE: 1 (866) 201- 5937
E-MAIL: sales@conver-pack.com
ConverPack, Inc.
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Parent Company: _________________________________________________________
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Company: List all Officers, Directors, Members and Majority Stockholders.
Name
Home Address
Phone
Social Sec. No.
Position
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Have any of the companies or individuals listed above ever been a debtor in a bankruptcy proceeding? ____
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Are there legal actions or arbitrations pending against any of the companies or principals listed above? ___
Credit References (Attach separate schedule if necessary)

Primary Bank:
Name: ______________________ Account #: _________________ Phone: __________
Address: ______________________________ Contact Name: _____________________
Trade References:
Name: _________________________________ Phone: __________________________
Address: _______________________________ Contact Name: ____________________

Name: _________________________________ Phone: __________________________
Name: _________________________________ Phone: __________________________
Name: _________________________________ Phone: __________________________
Credit Agreement Terms and Conditions
I/We certify that this information is correct, complete and that we are able to pay within thirty days of each
invoice date materials were ordered. I/We further understand that ConverPack, Inc., hereinafter
ConverPack will rely on this information for the extension of credit. I/We authorize ConverPack from
time to time to obtain credit and funding information from any other persons or entities. This is not an
agreement by ConverPack to lend money, it is an agreement by Customer for the benefit of ConverPack,
should ConverPack determine to supply materials or extend credit to Customer in the future.
Customer agrees that any amount not paid within 30 calendar days of Invoice date will deemed
delinquent and be imposed a monthly late fee collection charge of $25.00 as well as carry interest at
the rate of 1.5% per month, both before and after judgment, and further agrees to pay all costs
incurred in collection, including attorneys fees, if this account is placed with an attorney for
collection, whether suit is filed or not. Any payments received on a weekend, shall be accredited on
the next business day. No customers may maintain any outstanding invoices from ConverPack for a
period of time greater than six (6) months. Customer expressly agrees to submit to personal jurisdiction
in Florida and agrees that the forum for any litigation pursuant to this Agreement or any other contract
between ConverPack and Customer, whether ConverPack and Customer brings suit, shall be the in MiamiDade County, Florida. This agreement shall be governed by and construed in accordance with the laws of
Florida.
Customer further agrees to pay all amounts due under this Agreement until ConverPack has received
written notice closing this account, mailed U.S. Mail Certified Return Receipt Requested, no matter what
person or entity ordered the material supplied on this account and regardless of any change in the legal
structure of Customer or the existence of entities or individuals legally distinct from Customer using or
benefiting the materials supplied. In the event other entities or individuals order or use the materials
pursuant to this Agreement, it is agreed that both the Costumer and such other legal entities or individuals
shall be obligated for all amounts due under this Agreement.
All waivers executed by ConverPack shall be effective only to the total dollar amount of payments actually
received. Customer agrees that ConverPack retains its legal rights for unpaid deliveries, regardless of what
other documents have been presented to ConverPack for signature that may imply otherwise. Customer
further agrees that ConverPack has the right to determine, in its sole discretion, how to apply payments, and
which invoices to pay with all payments, received on this account, despite any advice to the contrary.
ConverPack may change credit limits or other credit terms at any time, in its sole discretion.
Customer agrees that all funds owed to Customer from anyone or received by Customer to the extend those
funds result from the materials supplied by ConverPack shall be held in trust for the benefit of ConverPack
(Trust Funds). Customer agrees it has no interest in Trust Funds held by anyone and to promptly account
for and pay to ConverPack all such Trust Funds. Customer further irrevocably assigns to ConverPack its
account receivable and further grants ConverPack a security interest in any account receivable arising from
relating to the materials supplied by ConverPack to the extend that sums are justly due to ConverPack
under this Agreement.
ConverPack may stop the supply of materials when it, in its sole discretion, determines that Customer I in
breach of this Agreement or any other contract with ConverPack, or ConverPack has insecurity with
respect to Customers creditworthiness, until payment is made and any dispute or insecurity has been
resolved. Customer further agrees that ConverPack shall not, in any event, be responsible for any damage
due to delay in supply of any labor or materials. Customer agrees to pay a reasonable storage fee if
materials are stored on ConverPack yard more than 60 calendar days.
Personal Guaranty
I/We sign this Credit Application and Credit Agreement on behalf of Applicant, and, as an individual(s),
jointly and severally, personally, guaranty payment of all present and future indebtedness of Applicant to
ConverPack and waive all notices from ConverPack and waive the right to require ConverPack to proceed
against Applicant. I/We also agree that our personal liability hereunder shall not be released or discharged
by: (1) any extension of time; (2) any other modification, substitution, settlement, supplement and or
compromise granted to Applicant; (3) any change in the relationship between me/us and Applicant; (4) any
change whatsoever in the business relationship between ConverPack and Applicant, including but not
limited to any changes in credit terms, amount of credit, or amount of service charge added to past due
accounts; (5) any transfer of new or additional security by Applicant or by undersigned to ConverPack; (6)
any failure of ConverPack to exercise diligence against Applicant or against any Guarantor, or (7) any
changes in the legal form of ownership of Applicant. This is an absolute and continuing Guaranty which
shall inure to the benefit of Stoneworks and its successors and assigns.
Applicant(s):
Signature: __________________ Date: _____________ Signature: ______________ Date: ____________
Name Printed: _________________________________ Name Printed: ____________________________
Title or Capacity: ______________________________ Title or Capacity: __________________________
CREDIT APPLICATION NOT ACCEPTED WITHOUT APPROVAL OF CONVERPACK CREDIT DEPARTMENT
The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color,
religion, national origin, sex, marital status, age; because all or part of the applicants income derives from any public assistance
program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency
that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity,
Washington D.C. 20580.

Solo Cup v. Coverpack - Complaint

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Solo Cup v. Coverpack - Complaint

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Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 1 of 6 PageID #:1

UNITED STATES DISTRICT COURT

COMPLAINT FOR DESIGN PATENT INFRINGEMENT

Plaintiff, Solo Cup Operating Corporation, an affiliate company of Dart Container

Corporation, is a Delaware corporation with a business address of 7575 S. Kostner Ave.,

Upon information and belief, Defendant, Converpack is a Florida corporation

Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 2 of 6 PageID #:2

Jurisdiction and Venue

Venue is proper pursuant to 28 U.S.C. 1391(b) and (c).

Plaintiff is a global manufacturer and supplier of food and beverage container

On information and belief, Defendant manufactures and/or imports, advertises

Defendants Accused Products have appearances which infringe the Design

Patent rights of Plaintiff, as demonstrated in the side-by-side comparison of the Accused

Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 3 of 6 PageID #:3

Design Patent D635,855

Defendants Accused Product

On information and belief, Defendant continues to infringe the D855 Patent by

Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 4 of 6 PageID #:4

On information and belief, Defendant's marketing and distribution of the Accused

Plaintiff re-alleges and incorporates herein paragraphs 1 through 11 of this

Plaintiff, who remains as the owner of the patent.

Defendants infringing activity of marketing Accused Products at trade shows and

Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 5 of 6 PageID #:5

Case: 1:16-cv-08362 Document #: 1 Filed: 08/25/16 Page 6 of 6 PageID #:6

Case: 1:16-cv-08362 Document #: 1-1 Filed: 08/25/16 Page 1 of 5 PageID #:7

Case: 1:16-cv-08362 Document #: 1-1 Filed: 08/25/16 Page 2 of 5 PageID #:8

(12) United States Design Patent (10) Patent No.:

DRINK CUP LID

(75) Inventors: Stephen A. Smith, Naperville, IL (US);

Related US. Application Data

LOC (9) Cl.

US. Cl. .................................... ..

D9/447, 438, 435; D7/392.1; 220/719, 713,

S010 #TLB316-007 Black Plastic Travel Lid 1000C/S s0l0-tlb316

27, 2005, now abandoned.

0007-12-16-20-0Z-bl.pdf From the Internet Dec. 29, 2010*

(62) Division of application No. 29/239,152, ?led on Sep.

Nov. 12, 2010

M Apr. 12, 2011

(21) App1.No.: 29/379,016

(73) Assignee: Solo Cup Operating Corporation, Lake

(45) Date of Patent:

Daenen et al. ............ .. D10/46.3

Primary Examiner * Susan Bennett Hattan

(74) Attorney, Agent, or Firm * Banner & Witcoff, Ltd.

The ornamental design for a drink cup lid, as shown and

1 Claim, 2 Drawing Sheets

Case: 1:16-cv-08362 Document #: 1-1 Filed: 08/25/16 Page 3 of 5 PageID #:9

Smith et al. .............. .. 220/254.1

2/2007 Smith et al. ..

4/2007 Smith et al. .................. .. 139/454

4/2007 Smith et al. ..

12/1999 Sadlier et al.

M001 cprelttzei 6 a'

7/2002 Bruce et al.

1/2003 Freek et al.

7/2003 Smlth et 31'

0/2002 Cudmore etal

5/2009 Tedford, Jr. ..

9/2010 Davies et al.

7/2008 McClellan et al. ...... .. 220/2541

Dixie Lid #DL9645 Dome Fits 10 OZ Paper Hot Cup GP2ProductPdf.

7/2003 Smith et al.

7/2008 Rush et al.