Rhode Island Textile Co. V Manakey Group - Complaint

Case 1:18-cv-01310 ECF No. 1 filed 11/21/18 PageID.
1 Page 1 of 7
UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
)
RHODE ISLAND TEXTILE COMPANY, )
Plaintiff )
)
vs. ) C.A. No. 18-1310
)
MANAKEY GROUP, LLC d/b/a Jobsite Brand ) Jury Trial Demanded
Defendant )
)
COMPLAINT
Plaintiff, Rhode Island Textile Company (“RI Textile” or “Plaintiff”), brings this action
against, defendant, Manakey Group, LLC d/b/a/ Jobsite Brand., (“Manakey” or “Defendant”),
for patent infringement. By this Complaint, RI Textile seeks, inter alia, injunctive relief,
monetary damages, and attorneys’ fees under 35 U.S.C. §§ 283, 284, 285 and 289, and alleges as
follows:
THE PARTIES
1. Plaintiff is a Rhode Island corporation, with its principal place of business at 35
Martin Street, Cumberland, RI 02864. RI Textile is the owner of numerous patents pertaining to
consumer products. Among the patents owned by RI Textile are U.S. Letters Patent Nos. US
7,251,850 and US D584,466, which disclose embodiments of a boot scrubber.
2. Defendant is a Michigan corporation with a principal place of business located at
725 Taylor Avenue, Grand Haven, Michigan 49417.
JURISDICTION AND VENUE
3. This action arises under the patent laws of the United States, 35 U.S.C. §§ 271,
281, 283-285, and 289.
1
Case 1:18-cv-01310 ECF No. 1 filed 11/21/18 PageID.2 Page 2 of 7
4. This Court has original and exclusive jurisdiction over the subject matter of this
Complaint pursuant to 28 U.S.C. § 1338(a) because this action arises under an act of Congress
relating to patents. Jurisdiction is also conferred pursuant to 28 U.S.C. § 1331 because this is a
civil action arising under the laws of the United States.
5. Plaintiff is informed and believes that this Court may properly exercise
in personam jurisdiction over the Defendant because the Defendant is a Michigan Corporation
and regularly does business in the state.
6. Venue is proper in this District under 28 U.S.C. § 1391 (b) and (c).
THE ASSERTED PATENTS
7. United States Letters Patent No. US 7,251,850 entitled “Boot Scrubber” (the
“’850 Patent”), issued on August 7, 2007 on an application filed on February 28, 2006. The ’850
Patent is assigned to RI Textile. A true and correct copy of the ’850 Patent is attached hereto as
Exhibit A.
8. United States Letters Patent No. US D584,466 entitled “Boot Scrubber” (the
“’466 Design Patent”), issued on January 6, 2009 on an application filed on February 9, 2006.
The ’466 Design Patent is assigned to RI Textile. A true and correct copy of the ’466 Design
Patent is attached hereto as Exhibit B.
BACKGROUND FACTS
9. Defendant Manakey is a wholesale manufacturer and supplier of footwear
accessories, products and aids, and safety devices.
10. Manakey offers for sale, makes, uses and sells a boot scrubber under its JobSite
brand, an advertisement of which is attached hereto as Exhibit C, and photographs of which are
2
attached hereto as Exhibit D. The assembly infringes one or more claims of the ’850 Patent and
the ’466 Design Patent (the “Accused Device”) as indicated in the attached preliminary
infringement contentions charts attached hereto as Exhibit E.
11. The resemblance between the patented design of the ’466 Design Patent and the
Accused Device is enough to deceive an ordinary observer. The Accused Device is virtually
identical in shape and dimensions to the ’466 Design Patent. The Accused Device also features
RI Textile’s unique folding flaps to stabilize the boot scrubber during use, as shown and
described in the ’466 Design Patent. The flaps on the Accused device also include the same
rounded rear corner and tab configured to quickly deploy the flap from the storage position as
shown and described in the ’466 Design Patent.
12. RI Textile marks its products covered by the ’850 Patent with the patent number
in conformance with section 287(a) of the Patent Statute.
13. RI Textile provided written notice to Manakey by letter dated September 26,
2018, alleging infringement of the ’850 Patent and the ’466 Design Patent by the Accused
Device. A true and correct copy of the September 26, 2018 letter to Manakey is attached hereto
as Exhibit F.
14. Despite having notice of its infringing activities, Manakey continues to offer for
sale, make, use and sell the Accused Device.
15. As a direct and proximate result of Defendant’s acts of infringement, the Plaintiff
has suffered damages.
16. As a direct and proximate result of Defendant’s acts of infringement, the Plaintiff
has suffered and continues to suffer irreparable harm for which there is no adequate remedy at
law.
3
COUNT ONE
(Infringement of the ’850 Patent - 35 U.S.C. § 271)
17. The Plaintiff incorporates Paragraphs 1-16 supra, by reference and realleges them
as originally and fully set forth herein.
18. Defendant has knowingly and intentionally infringed, and continues to infringe,
the ’850 Patent by making, using, offering for sale, or selling, throughout the United States their
ring security device, which is covered by claims of the ’850 Patent, and will continue to do so
unless enjoined by this Court.
19. As a direct and proximate consequence of the Defendant’s infringing acts, the
Plaintiff has suffered and will continue to suffer injury and damages, and unless such acts and
practices are enjoined by the Court, will continue to be injured in its business and property rights,
and will suffer and continue to suffer injury and damages which are causing them irreparable
harm and for which Plaintiff is entitled to relief under 35 U.S.C. §§ 283, 284 and 285.
20. The aforementioned infringement is knowing, intentional and willful.
COUNT TWO
(Infringement of the ’466 Design Patent - 35 U.S.C. § 271)
21. The Plaintiff incorporates Paragraphs 1-16 supra, by reference and realleges them
as originally and fully set forth herein.
22. Defendant has knowingly and intentionally infringed, and continues to infringe,
the ’466 Patent by making, using, offering for sale, or selling, throughout the United States their
ring security device, which is covered by claim of the ’466 Patent, and will continue to do so
unless enjoined by this Court.
23. As a direct and proximate consequence of the Defendant’s infringing acts, the
Plaintiff has suffered and will continue to suffer injury and damages, and unless such acts and
4
practices are enjoined by the Court, will continue to be injured in its business and property rights,
and will suffer and continue to suffer injury and damages which are causing them irreparable
harm and for which Plaintiff is entitled to relief under 35 U.S.C. §§ 283, 284, 285 and 289.
24. The aforementioned infringement is knowing, intentional and willful.
WHEREFORE, Plaintiff RI Textile respectfully requests that this Court enter judgment
in its favor and against Defendant, Manakey Group, LLC, and requests relief as follows:
A. Judgment entered in its favor and against Defendant on each count of the
Complaint;
B. Declaring that Defendant has infringed the ’850 Patent;
C. Declaring that Defendant has infringed the ‘466 Patent;
D. Declaring that the foregoing infringement was willful and knowing;
E. Declaring this to be an “exceptional” case within the meaning of 35 U.S.C. §285,
entitling Plaintiff to an award of its reasonable attorney’s fees in this action;
F. Entry of a preliminary and thereafter permanent injunction prohibiting the
Defendant from violating 35 U.S.C. § 271 by infringing the ’850 Patent, all pursuant to
35 U.S.C. § 283;
G. Entry of a preliminary and thereafter permanent injunction prohibiting the
Defendant from violating 35 U.S.C. § 271 by infringing the ’466 Patent, all pursuant to
35 U.S.C. § 283;
H. Entry of a preliminary and thereafter permanent injunction ordering Defendant to
recall and remove from retail establishments all devices that infringe the ’850 Patent;
5
I. Entry of a preliminary and thereafter permanent injunction ordering Defendant to
recall and remove from retail establishments all devices that infringe the ’466 Patent;
J. Award Plaintiff its damages in accordance with 35 U.S.C. § 284, including actual
damages, compensatory damages in an amount no less than a reasonable royalty of Defendant’s
gross sales of all Accused Device, and treble damages;
K. Award Plaintiff its damages in accordance with 35 U.S.C § 289, including
Defendant’s total profit, but not less than $250;
L. Award Plaintiff prejudgment interest;
M. Award Plaintiff its costs, attorney’s fees and expenses arising from this suit under
35 U.S.C. § 285;
N. Entry of an Order that Defendant:
1. cease all sales of the Accused Device;
2. remove the Accused Device from the Internet, catalogs, flyers, brochures,
displays, advertisements and all other channels of trade;
3. omit reference to the Accused Device from the Internet, future catalogs,
future flyers, future brochures, future displays, future advertisements and
all other channels of trade;
4. recall from its employees, subsidiaries, dealers, distributors, resellers and

customers, any and all Accused Devices and advertising of the Accused
Device;
5. surrender for destruction, or other disposition at the election of Plaintiff,

all extrusions, molds, dies, components-in-progress, components,
production materials, products, castings, fixtures, prints, computer
programs, solid modeling, models, prototypes, engineering records, and all
means of manufacture associated with the production of the Accused
Device; and
O. Grant Plaintiff such other relief as this Court deems just and proper.
6
JURY DEMAND
Plaintiff demands a trial by jury on all counts of their Complaint so triable.
Respectfully submitted,
RHODE ISLAND TEXTILE COMPANY

By its attorneys,
Dated: November 21, 2018________ /s/ Jodi-Ann McLane

Jodi-Ann McLane, Esq.
McInnes & McLane, LLP
128 Dorrance St., Suite 220
Providence, RI 02903
Phone: (401) 223-5853
Fax: (866) 610-0507
jodi@mcmcip.com
7
Case 1:18-cv-01310 ECF No. 1-1 filed 11/21/18 PageID.8 Page 1 of 11
EXHIBIT A
US00725 1850B1
(12) United States Patent (10) Patent No.: US 7.251,850 B1

Elliott (45) Date of Patent: Aug. 7, 2007
(54) BOOT SCRUBBER 6,557.203 B2 * 5/2003 Meshbesher ............. 15, 104.92
(76) Inventor: Glendon M Elliott, 211 Columbus
Ave., Pawtucket, RI (US) 02861 FOREIGN PATENT DOCUMENTS
-r GB 2156203 * 10, 1985
(*) Notice: Subject to any disclaimer, the term of this JP 9-252995 * 9/1997
patent is extended or adjusted under 35
U.S.C. 154(b) by 5 days.
* cited b
(21) Appl. No.: 11/363,468 c1ted by examiner
Primary Examiner Mark Spisich
(22) Filed: Feb. 28, 2006 (74) Attorney, Agent, or Firm—Robert J Doherty
(51) Int. Cl. (57) ABSTRACT
A47L23/22 (2006.01)
(52) U.S. Cl. ........................................................ 15/161 A boot -lud- -
(58) Field of Classification Search .................. 15/112, Ool scrubber
Scrubber hnav1ng a hnous1ng 1nclud1ng a pa1r OTfend
en
members Supporting a brush assembly therebetween and
15/161, 237 including at least one but preferably a pair of flaps hinged to
See application file for complete search history. the end members and operable to move from a storage
(56) References Cited position against the end members to a use position where the
flaps extend like wings to either side of the scrubber.
U.S. PATENT DOCUMENTS
613,133 A * 10, 1898 Fobare ........................ 15,237 5 Claims, 7 Drawing Sheets
U.S. Patent Aug. 7, 2007 Sheet 1 of 7 US 7.251,850 B1
FG. 1

1 /
SSN 44
Zgu
18
F.G. 5
/e FG. 7 32.
U.S. Patent Aug. 7, 2007 Sheet 6 of 7 US 7,251,850 B1
FG. 9
U.S. Patent Aug. 7, 2007 Sheet 7 Of 7 US 7.251,850 B1

US 7,251,850 B1
1. 2
BOOT SCRUBBER essentially flat Supporting Surface So as to position said
device on said Supporting Surface, said base member and
TECHNICAL FIELD said upright members further cooperatively supporting a
fixed brush assembly therebetween, and at least one of said
This invention relates to boot scrubbers or scrapers, upright members including a foot engageable housing posi
namely, implements having brushes mounted in a housing tioning and stabilizing flap hingedly connected thereto, said
and placed near the entrance of an area Such that the flap being Substantially planar and having an inner Surface
occupant or guest may move his or her shoes or boots and an outer Surface, said inner Surface of said flap adapted
against the brushes to dislodge sand, dirt, Snow, mud and the for upright positioning against the outer Surface of said at
like prior to entering Such area. These devices are commonly 10 least one upright member when the flap is in a storage
referred to as boot scrubbers but, of course, have utility for position and movable from said storage position to a posi
many types of footwear and other objects such as bicycles, tion where said flap extends longitudinally from the bottom
toys, tools and the like. While commercially available, the edge portion of said at least one upright member in a housing
success of such devices has been limited despite their stabilizing position where the outer surface thereof rests on
desirable feature of removing sand, grit and debris from 15 said Supporting Surface and the inner Surface thereof faces
boots prior to entering a house, etc. thus protecting popular upward for contact by the other boot of the person wearing
flooring Surfaces such as marble and pre-finished wood. such boot whereby the person’s body weight stabilizes the
position of the device while the one boot is being scrubbed.
BACKGROUND OF THE INVENTION Other objects, features and advantages of the invention
shall become apparent as the description thereof proceeds
Boot scrubbers of the type above referred to are well when considered in connection with the accompanying
known and generally include fixed brushes mounted to a illustrative drawings.
housing which, in turn, is fastened to the Surface on which
Such is Supported generally semi-permanently as by Screw DESCRIPTION OF THE DRAWINGS
ing the housing to a wooden porch or deck floor Surface to 25
assure that the device remains stationary when the user In the drawings that illustrate the best mode presently
positioned adjacent the device passes his/her boots one at a contemplated for carrying out the present invention:
time into contact with the brushes. Although operable, such FIG. 1 is a front perspective view of a boot scrubber
devices mar the Supporting Surface to which they are secured embodying the preferred form of the present invention;
and/or present mounting difficulties when it is desired to 30 FIG. 2 is a front perspective view similar to FIG. 1 but
secure the device to Surfaces such as flagstone, concrete, showing one of the pair of foot flaps deployed in the boot
Sand or grass, etc. scrubber's extended use position;
Some designs to overcome the above-indicated problem FIG. 3 is an enlarged partial perspective view of a portion
has been proposed as by materially increasing the device's of FIG. 2:
width Such as by providing integral platforms on either side 35 FIG. 4 is a sectional view along line 4-4 of FIG. 3;
of the brush unit such that the operator can stand on one of FIG. 5 is a top plan view of FIG. 1;
these platforms thus utilizing his/her own body weight to FIG. 6 is a bottom plan view of FIG. 1;
stabilize the unit such as shown in U.S. Design Pat. Nos. FIG. 7 is a front elevational view of FIG. 1;
D386,858 and D439,714. As may be apparent from viewing FIG. 8 is a front elevational view of FIG. 1 similar to FIG.
Such patents, such approach greatly increased the length and 40 7 but with the right hand foot flap downwardly pivoted to its
bulk of the unit. Recognizing such, boot Scrubber products use position;
have incorporated decorative designs on or in Such platforms FIG. 9 is a top plan view of FIG. 8 showing the manner
in an attempt to reduce the device's bulky appearance Such in which a user of the device may rest his/her right foot on
as the star cutouts in U.S. Pat. No. D439,714. While this the flap to stabilize the position of the device while moving
approach may be more visually appealing, it does not 45 his/her left foot across and back and forth over and through
remedy the obvious inconveniences caused by the devices the brush assembly so as to remove sand, grit and the like
overall increased length. from the left shoe or boot; and
Accordingly, an object of the present invention is to FIG. 10 is a front perspective view illustrating the same
provide a boot Scrubber, which is compact, simple to operate use mode depicted in FIG. 9.
and does not materially increase the bulk of the device 50
beyond that necessary for operational functionality of the DESCRIPTION OF THE PREFERRED
scrubbing brushes. EMBODIMENT
A further object of the invention is to provide a boot
scrubber which can be easily moved to varied locations and Turning now to the drawings, a boot scrubber device 10
which requires no semi-permanent or permanent fastening to 55 is shown having a housing 12 that, in turn, includes a pair of
its Supporting Surface. longitudinally spaced upright end members 14 and a pair of
These and other objects of the invention are accomplished laterally spaced base members 16 connected thereto to
by a boot scrubbing device for removing dirt and sand from compositely form Such housing. The end members include
boots one boot at a time of a person wearing such footwear an outer plate 18 having an outer surface 17 and an inner
while Such person stands adjacent said device, said device 60 surface 19 to which a primary or side brush block 20 is
including a housing including a pair of upright longitudi attached. The primary brush block includes a plurality of
nally-spaced members having generally planar outer Sur inwardly extending bristles 22. The bristles 22 of each of the
faces and including bottom edge positions thereof, said blocks 20 terminate short of each other approximately the
housing further including a base member having laterally width of a boot such that the user of the device can move
spaced lower portions, said lower portions of said base 65 his/her boot back and forth such that the boot sides are
member and said bottom edge portions of said upright contacted by the bristles and debris Such as dirt, sand, Snow
members cooperatively forming a means for contacting an etc. is removed therefrom.
US 7,251,850 B1
3 4
The housing further includes a pair of secondary or but which projects beyond the front edge 62 of the upright
bottom brush blocks 24 attached to the base members. The member 18 such that the tab 60 extends past the forward
bottom brush blocks 24 include sets of upwardly extending extent of the upright member and thus the user can easily
bristles 26. Generally, the base members and the upright and without bending or stooping down simply place the toe
members are formed of thin metal plate material and the of the shoe intended for stabilizing the device adjacent the
blocks 20, 24 constructed of wood or plastic and the bristles flap tab 60 and move the flap to the left or right and thus push
held therein by friction within openings as with wood or place the foot flap in the extended use position. The force
construction and by molding in situ as with plastic construc applied by the user will overcome the magnetic attraction
tion. The blocks are connected to their respective members between the foot flap and plate.
by conventional means such as screws 28. 10 While there is shown and described herein certain specific
It may thus be apparent the blocks and their bristles form structure embodying this invention, it will be manifest to
a brush assembly 15 fixedly positioned within the housing those skilled in the art that various modifications and rear
for brushing operation as intended. In order to position the rangements of the parts may be made without departing
device 10 upon an underlying Supporting Surface 30 on from the spirit and scope of the underlying inventive concept
which the device 10 is adapted to rest as by contact therewith 15 and that the same is not limited to the particular forms herein
by the lower edge portions 32, 34 of the base and upright shown and described except insofar as indicated by the
members respectively, at least one and preferably a pair of Scope of the appended claims.
foot flaps 40 are attached to the lower edge portion 34 of
each upright member. Each flap is generally planar and
preferably formed of a magnetic material Such as sheet Steel What is claimed is:
that is also the preferred material for the upright members as 1. A boot scrubbing device for removing dirt and sand
well. The upright members may assume any desired cross from boots one boot at a time of a person wearing Such
sectional shape Such as the inverted U-shaped configuration footwear while Such person stands adjacent said device, said
depicted. device including a housing including a pair of upright
The foot flap 40 generally assumes the same planar 25 longitudinally-spaced members having generally planar
configuration as the upright member associated therewith outer Surfaces and including bottom edge positions thereof,
such that when the inner surface 42 of the flap is positioned said housing further including a base member having later
against the outer surface 17 of the plate 18 of each of the ally-spaced lower portions, said lower portions of said base
upright members 14, the foot flap will blend in with the member and said bottom edge portions of said upright
housing and appear and, in fact, contribute to a longitudi 30 members cooperatively forming a means for contacting an
nally compact device. Each flap is hingedly connected to its essentially flat Supporting Surface So as to position said
associated plate 18 via a hinge 44 positioned at the lower device on said supporting surface, said base member and
edge of the plate 18 and interconnected to both such plate said upright members further cooperatively supporting a
and the foot flap. The outer surface 46 of the flap is fixed brush assembly therebetween, and at least one of said
preferably provided with an adhesively attached thin layer 35 upright members including a foot engageable housing posi
48 of high friction material such as rubber and the like to tioning and stabilizing flap hingedly connected thereto, said
entirely cover the outer surface 46 or at least cover a portion flap being Substantially planar and having an inner Surface
of such outer surface 46. When the foot flap 40 is down and an outer Surface, said inner Surface of said flap adapted
wardly moved from its storage position as shown in FIGS. for upright positioning against the outer Surface of said at
1 and 7 to its use position shown in FIGS. 2-4, 8-10, the high 40 least one upright member when the flap is in a storage
friction material will contact the Supporting Surface to position and movable from said storage position to a posi
provide better skid resistance when the user's foot is placed tion where said flap extends longitudinally from the bottom
on the inner surface 42 to position the device on the edge portion of said at least one upright member in a housing
Supporting Surface while moving the other foot back and stabilizing position where the outer surface thereof rests on
forth through the brush assembly. 45 said Supporting Surface and the inner Surface thereof faces
The above procedure is clearly depicted in FIGS. 9 and 10 upward for contact by the other boot of the person wearing
with the user holding the device 10 in position by exerting such boot whereby the person’s body weight stabilizes the
his or her body weight on the flap 40 through the right hand position of the device while the one boot is being scrubbed.
shoe while cleaning the left hand shoe. Obviously, the user 2. The device of claim 1, wherein said flap is connected
in cleaning the right shoe would lower the left hand flap and 50
to the bottom edge portion of said one upright member.
place the left foot thereon while brushing the dirt, sand, etc. 3. The device of claim 1, wherein there is a pair of flaps
from the right shoe. In those cases where only one foot flap each connected to an upright member and adapted to extend
is provided, the device 10 can be lifted and rotated 180 longitudinally from said housing in opposite directions from
degrees into position to clean the other boot or alternatively the longitudinal ends thereof in the operational positions of
the user can simply approach the device from the opposite 55
said flaps.
lateral side.
Turning now to FIGS. 2-4, a preferred means for holding 4. The device of claim 1, said flap formed of magnetically
or maintaining the foot flap in its upright non-use or storage attractive metal and said one housing upright member
position is shown in the form of a magnet 50 held by a block including a magnet positioned therein and adapted to mag
52 in turn connected to a side block 20 as by screws 54 (see 60 netically attract and hold said flap in its storage position.
FIG. 6). The face 56 of the magnet is positioned through an 5. The device of claim 1, said flap including a tab
opening or cut-out 58 through the plate 18 such that the forwardly extending past the front edge of said at least one
magnet attracts the foot flap and holds the foot flap in its upright member whereby the user may laterally engage said
storage position. tab to move said flap to the extended use position.
Referring now to FIGS. 1 and 2 in particular, each of the 65
foot flaps 40 includes a tab 60 generally integral therewith
EXHIBIT B
USOOD584.466S
(12) United States Design Patent (10) Patent No.: US D584,466 S

Elliott (45) Date of Patent: Jan. 6, 2009
(54) BOOT SCRUBBER (57) CLAM
(76) Inventor: Glendon M Elliott, 211 Columbus Ave., I claim the ornamental design for a boot Scrubber, as shown
Pawtucket, RI (US) 02861 and described.
(**) Term: 14 Years DESCRIPTION
FIG. 1 is a front perspective view of a boot scrubber showing
(21) Appl. No. 29/253.526 my new design;
illed FIG. 2 is a top plan view of FIG. 1;
(22) Filed: Feb. 9, 2006 FIG. 3 is a bottom plan view of FIG. 1;
(51) LOC (9) Cl. .................................................. O8-99 FIG. 4 is a front elevational view of FIG. 1;
(52) U.S. Cl. ....................................................... D32A47 FIG. 5 is a rear elevational view of FIG. 1;
(58) Field of Classification Search .................. D32/35, FIG. 6 is a right side elevational view of FIG. 1;
D32/44–47:s D47118-120,s 130:
u. - ws
D12/203:s FIG. 7 is a left side elevational fFIG. 1
D6/583,592: D28/63; 15/161,237, 110, is a lett side elevational view o
15/104.92, 112, 34, 36, 4 FIG. 8 is a front perspective view thereof, showing an alter
See application file for complete search history. native position of FIG. 1, wherein the right the side plate foot
rest is shown in an opened position;
(56) References Cited FIG. 9 is a front perspective view similar to FIG. 8 and
U.S. PATENT DOCUMENTS illustrating a use made of the device;
FIG. 10 is a front perspective view of a second embodiment of
D287.310 S * 12/1986 Miller ......................... D4,119 a boot Scrubber, showing my new design;
D369,887 S * 5/1996 Mendis ........................ D32/47 FIG. 11 is a top plan view of FIG. 10;
D372,569 S * 8/1996 Rook .......................... D32/47 FIG. 12 is a bottom plan view of FIG. 10;
D439,714 S * 3/2001 Meshbesher ................. D32/47
D455,867 S 4/2002 Pratt ........................... D28.63
FIG. 13 is a front elevational view of FIG. 10;
D464,776 S * 10/2002 Meshbesher ................. D32/47 FIG. 14 is a rear elevational view of FIG. 10;
FIG. 15 is a right side elevational view of FIG. 10; and,
FIG. 16 is a left side elevational view of FIG. 10.
* cited by examiner The broken lines shown in the drawings are for illustrative
purposes only and form no part of the claimed design.
Primary Examiner Pamela J Burgess
(74) Attorney, Agent, or Firm Robert J Doherty 1 Claim, 10 Drawing Sheets
U.S. Patent Jan. 6, 2009 Sheet 1 of 10 US D584,466 S
F.G. 1
FG. 2
FG. 3
FG, 4.
FG. 5
F.G. 6
FG. 7

FG. 9
F.G. 1 O
U.S. Patent Jan. 6, 2009 Sheet 8 of 10 US D584.466S
FG. 11
FG. 12
FG. 13
FG. 14
FG 15
EXHIBIT C
EXHIBIT D
Perspective View –
Flaps storage
Perspective View –
Flaps deployed
Perspective View with

boots, flaps deployed
Top View Bottom View

EXHIBIT E
US 7,521,850 Comments
1. A boot scrubbing device for removing dirt and sand from boots one
boot at a time of a person wearing such footwear while such person stands The JobSite boot scrubber is a device for removing dirt and sand from
boots, one boot at a time, while the person stands on the device.
adjacent said device,
said device including a housing including a pair of upright longitudinally- The Jobsite boot scrubber includes a pair of uprights spaced members
spaced members having generally planar outer surfaces and including and a base member as claimed.
bottom edge positions thereof, said housing further including a base
member having laterally-spaced lower portions,
said lower portions of said base member and said bottom edge portions of The base ember and uprights on the Jobsite boot scrubber form a
said upright members cooperatively forming a means for contacting an means for contacting a support surface as claimed.
essentially flat supporting surface so as to position said device on said
supporting surface,
said base member and said upright members further cooperatively The Jobsite boot scrubber has a fixed brushed assembly supported by
the uprights and base member as claimed.
supporting a fixed brush assembly therebetween, and
at least one of said upright members including a foot engageable housing The Jobsite boot scrubber includes a hinged stabilizing flap as
positioning and stabilizing flap hingedly connected thereto, claimed.
said flap being substantially planar and having an inner surface and an
outer surface,
said inner surface of said flap adapted for upright positioning against the
outer surface of said at least one upright member when the flap is in a The hinged stabilizer flap of the Jobsite boot scrubber is adapted for
storage position and movable from said storage position to a position positioning against the upright in a storage position and a housing
stabilizing position where a user may step on it to stabilize the Jobsite
where said flap extends longitudinally from the bottom edge portion of boot scrubber while cleaning the other of the user’s boots as claimed.
said at least one upright member in a housing stabilizing position where
the outer surface thereof rests on said supporting surface and the inner
surface thereof faces upward for contact by the other boot of the person
wearing such boot whereby the person's body weight stabilizes the
position of the device while the one boot is being scrubbed.
2. The device of claim 1, wherein said flap is connected to the bottom The flaps of the JobSite boot scrubber are attached to a bottom edge
edge portion of said one upright member. portion of the upright members.
3. The device of claim 1, wherein there is a pair of flaps each connected The JobSite boot scrubber includes a pair of flaps that extend in
to an upright member and adapted to extend longitudinally from said opposite directions from the ends of the housing.
housing in opposite directions from the longitudinal ends thereof in the
operational positions of said flaps.
4. The device of claim 1, said flap formed of magnetically attractive Upon information and belief, the JobSite boot scrubber includes
metal and said one housing upright member including a magnet positioned magnets to retain flaps in a storage position.
therein and adapted to magnetically attract and hold said flap in its storage
position.
5. The device of claim 1, said flap including a tab forwardly extending The JobSite boot scrubbed includes a tab for extending the flap.
past the front edge of said at least one upright member whereby the user
may laterally engage said tab to move said flap to the extended use
position.
US584,466 Comments
The items in dotted lines are not claimed
Same basic profile, shape and proportions such that the product and claimed
design are substantially the same, and would deceive an ordinary observer.
Same folding flaps with tabs for deployment of tabs such that the product
and claimed design are substantially the same, and would deceive an
ordinary observer.
Flaps include rounded forward edge and tab for quick deployment of flaps.
Flaps are on both sides and hinged such that the product and claimed design
are substantially the same, and would deceive an ordinary observer.

Virtually same profile, shape and proportions such that the product and
claimed design are substantially the same, and would deceive an ordinary
observer
Virtually same profile, shape and proportions such that the product and
claimed design are substantially the same, and would deceive an ordinary
observer.
Used in the same manner where user steps on deployed flap while cleaning
boot in center channel with brushes such that the product and claimed
design are substantially the same, and would deceive an ordinary observer.
EXHIBIT F
September 26, 2018
VIA CERTIFIED MAIL ONLY
Mr. Brent Clark

President
ManaKey Group LLC
P.O. Box 25
Grand Haven, MI 49417-0025
RE: Infringement of U.S. Patent Nos. 7,251,850 and D584,466 by ManaKey

Group (through its JobSite® brand)
Dear Mr. Clark:
This firm represents Rhode Island Textile Company (hereinafter “RI Textile”) with regard
to Intellectual Property matters. RI Textile is the assignee of U.S. Patent Nos. 7,251,850 (the “’850
Patent”) and D584,466 (the “’466 Patent”), both of which are titled “BOOT SCRUBBER.” A
copy of the ‘850 and ‘466 Patents are attached for your convenience.
It has come to our attention that ManaKey Group LLC (hereinafter “ManaKey”), through
its JobSite® brand, is selling and offering for sale in the United States the “Xtra Wide Boot
Scrubber,” as shown below.
Jodi-Ann McLane • Jodi@mcmcip.com

128 Dorrance Street • Providence • Rhode Island 02903
PH: 401.223.5853 x 1001 | FX: 866.610.0507 | www.mcmcip.com |
Mr. Brent Clark

September 26, 2018
Page 2
We have reviewed the claims of the ‘850 and ‘466 Patents and are of the opinion that such
claims encompass the product being offered for sale and/or imported into the United States and
sold by ManaKey, as shown above. We, therefore, request that you provide us with your written
assurance no later than Friday, October 5, 2018, that ManaKey will cease and desist from any
further importation, marketing and/or sales of this item. If we do not hear from you on or before
that date, RI Textile will have no option but to pursue its legal remedies. For your convenience,
we have attached a draft complaint that has been prepared for this matter.
In addition to the foregoing, to determine the damages due to RI Textile, we further require
that ManaKey provide RI Textile with the number of infringing items in inventory and on order,
and sales figures for the boot scrubber at issue, including:
• number of units made and/or imported,
• number of units sold,
• customer names; and
• sales price for each unit sold.
The foregoing is not intended nor shall it be deemed a complete statement of the facts of
RI Textile’s position in this matter. Nothing contained in or omitted from the foregoing shall be
deemed an admission or an omission or a waiver of any of RI Textile’s rights, remedies or positions
in this matter. If you have any questions regarding the contents of this letter, please call our office.
Best regards,

JAM/ddd
Enclosures
AO 440 (Rev. 01/09) Summons in a Civil Action - MIWD (Rev. 07/15)
Case 1:18-cv-01310 ECF No. 1-7Print/Publish to .pdf
filed 11/21/18 SavePage
PageID.47 As... 1 of 1 Reset
SUMMONS IN A CIVIL ACTION

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
Rhode Island Textile Company,
Plaintiff Case No. 18-1310
Hon.
TO: Brent Clark
v.
ADDRESS: Manakey Group, LLC
Manakey Group, LLC d/b/a Jobsite Brand, 725 Taylor Avenue
Defendant Grand Haven, MI 49417
A lawsuit has been filed against you. PLAINTIFF OR PLAINTIFF’S ATTORNEY NAME AND ADDRESS
YOU ARE HEREBY SUMMONED and required to serve McInnes & McLane, LLP
128 Dorrance Street, Suite 220
upon plaintiff, an answer to the attached complaint or a motion
Providence, RI 02903
under Rule 12 of the Federal Rules of Civil Procedure within
21 days after service of this sum mons on y ou (not CLERK OF COURT
counting the day you received it). If y ou fail to respond,
judgment by default will be entered against you for the relief
demanded in the complaint. You must also file your answer
or motion with the Court.
The Court has offices in the following locations:
399 Federal Building, 110 Michigan St., NW, Grand Rapids, MI 49503
P.O. Box 698, 314 Federal Building, Marquette, MI 49855 Insert Today's Date
107 Federal Building, 410 W. Michigan Ave., Kalamazoo, MI 49007
113 Federal Building, 315 W. Allegan, Lansing, MI 48933
By: Deputy Clerk Date
PROOF OF SERVICE
This summons for Brent Clark was received by me on .
(name of individual and title, if any) (date)
I personally served the summons on the individual at

on . (place where served)
(date)
I left the summons at the individual’s residence or usual place of abode with , a person
(name)
of suitable age and discretion who resides there, on , and mailed a copy to the individual’s last known address.
(date)
I served the summons on , who is designated by law to accept service

(name of individual)
of process on behalf of on .
(name of organization) (date)
I returned the summons unexecuted because .

Other (specify) .
My fees are $ for travel and $ for services, for a total of $ .

I declare under the penalty of perjury that this information is true.
Date:
Server’s signature
Additional information regarding attempted service, etc.:

Server’s printed name and title
Server’s address

Rhode Island Textile Co. V Manakey Group - Complaint

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Case 1:18-cv-01310 ECF No. 1 filed 11/21/18 PageID.

UNITED STATES DISTRICT COURT

1. Plaintiff is a Rhode Island corporation, with its principal place of business at 35

7,251,850 and US D584,466, which disclose embodiments of a boot scrubber.

2. Defendant is a Michigan corporation with a principal place of business located at

725 Taylor Avenue, Grand Haven, Michigan 49417.

JURISDICTION AND VENUE

281, 283-285, and 289.

civil action arising under the laws of the United States.

and regularly does business in the state.

THE ASSERTED PATENTS

Patent is attached hereto as Exhibit B.

9. Defendant Manakey is a wholesale manufacturer and supplier of footwear

accessories, products and aids, and safety devices.

infringement contentions charts attached hereto as Exhibit E.

shown and described in the ’466 Design Patent.

in conformance with section 287(a) of the Patent Statute.

sale, make, use and sell the Accused Device.

has suffered damages.

as originally and fully set forth herein.

unless enjoined by this Court.

20. The aforementioned infringement is knowing, intentional and willful.

as originally and fully set forth herein.

unless enjoined by this Court.

24. The aforementioned infringement is knowing, intentional and willful.

B. Declaring that Defendant has infringed the ’850 Patent;

C. Declaring that Defendant has infringed the ‘466 Patent;

D. Declaring that the foregoing infringement was willful and knowing;

E. Declaring this to be an “exceptional” case within the meaning of 35 U.S.C. §285,

entitling Plaintiff to an award of its reasonable attorney’s fees in this action;

F. Entry of a preliminary and thereafter permanent injunction prohibiting the

G. Entry of a preliminary and thereafter permanent injunction prohibiting the

H. Entry of a preliminary and thereafter permanent injunction ordering Defendant to

I. Entry of a preliminary and thereafter permanent injunction ordering Defendant to

damages, compensatory damages in an amount no less than a reasonable royalty of Defendant’s

gross sales of all Accused Device, and treble damages;

K. Award Plaintiff its damages in accordance with 35 U.S.C § 289, including

Defendant’s total profit, but not less than $250;

L. Award Plaintiff prejudgment interest;

N. Entry of an Order that Defendant:

1. cease all sales of the Accused Device;

4. recall from its employees, subsidiaries, dealers, distributors, resellers and

5. surrender for destruction, or other disposition at the election of Plaintiff,

Plaintiff demands a trial by jury on all counts of their Complaint so triable.

RHODE ISLAND TEXTILE COMPANY

Dated: November 21, 2018________ /s/ Jodi-Ann McLane

(12) United States Patent (10) Patent No.: US 7.251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 1 of 7 US 7.251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 2 of 7 US 7.251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 3 of 7 US 7.251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 4 of 7 US 7.251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 5 of 7 US 7.251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 6 of 7 US 7,251,850 B1

U.S. Patent Aug. 7, 2007 Sheet 7 Of 7 US 7.251,850 B1

(12) United States Design Patent (10) Patent No.: US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 1 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 2 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 3 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 4 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 5 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 6 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 7 of 10 US D584,466 S

U.S. Patent Jan. 6, 2009 Sheet 8 of 10 US D584.466S