Professional Documents
Culture Documents
Plaintiff,
Defendant.
COMPLAINT
1. Bay Valley Foods, LLC (“Bay Valley Foods”), by and for its Complaint
against Defendant Golding Farms Foods, Inc. (“Golding”), alleges to the Court as
follows:
PARTIES
2. Bay Valley Foods is a company organized and existing under the laws of
the State of Delaware with a principal place of business located at 2021 Spring Road,
and existing under the laws of the State of North Carolina with a principal place of
business located at 6061 Gun Club Road, Winston-Salem, North Carolina 27103.
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unauthorized offering for sale and selling salad dressing bottles in violation of Bay
Valley Foods’ patent rights. Because this is an action for infringement under the patent
laws of the United States, 35 U.S.C. § 271, et seq., this Court has subject matter
5. This Court has personal jurisdiction over Golding in that at all times
pertinent hereto, upon information and belief, Golding has had systematic activities in
this Judicial District and has committed and/or is committing infringing acts in North
Carolina and this District. More specifically, upon information and belief, Golding has
offered for sale and sold certain bottles, including the accused bottles, in this Judicial
VENUE
because Golding resides in this District and has committed acts of infringement as well as
BACKGROUND
7. Bay Valley Foods’ history dates back to 1862 with the formation of Alart
and McGuire, a pioneer in the pickle industry. Alart and McGuire later became known as
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8. Today, Bay Valley Foods is one of the nation’s leading suppliers of pickles,
soup, salsa, peppers, relishes, aseptic sauces, powdered products, marinades, sauces, and
spreads, and is the single largest supplier of private label salad dressing in the United
States. Bay Valley Foods’ customers include domestic and international retail,
THE PATENTS-IN-SUIT
9. Bay Valley Foods is the assignee and owner of United States Design Patent
No. D743,800 (“the ’800 patent”), which covers an original and unique bottle design.
The ’800 patent, entitled “Bottle,” was duly and legally issued by the United States Patent
and Trademark Office on November 24, 2015, from Application Serial No. 29/447,904,
filed on March 7, 2013. A true and correct copy of the ’800 patent is attached hereto as
Exhibit A.
10. Bay Valley Foods is the assignee and owner of United States Design Patent
No. D825,339 (“the ’339 patent”), which covers an original and unique bottle design.
The ’339 patent, also entitled “Bottle,” was duly and legally issued by the United States
Patent and Trademark Office on August 14, 2018, from Application Serial No.
29/546,538, filed on November 23, 2015, which is a Continuation of the application that
issued into the ’800 patent. A true and correct copy of the ’339 patent is attached hereto
as Exhibit B.
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“Patents-in-Suit.”
12. After significant engineering and development expense, Bay Valley Foods
introduced bottles having the novel and distinctive designs embodied in the Patents-in-
Suit. An exemplary Bay Valley Foods bottle embodying the Patents-in-Suit is depicted
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their unique and distinctive designs, the Bay Valley Foods bottles have become
14. Bay Valley Foods owns the exclusive right, title, and interest in and to the
authorization, has offered for sale and sold and, upon information and belief, is
continuing to offer for sale and sell to retailer(s) certain bottles which infringe at least one
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Golding’s bottle and all other similarly appearing bottles are herein referred to
16. Upon information and belief, Golding continues to offer for sale and sell
the Infringing Bottles and continues to deliberately and willfully infringe the Patents-in-
COUNT I
17. Bay Valley Foods repeats and realleges each and every allegation
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designs covered by the ’800 patent, and Bay Valley Foods is entitled to receive all
damages and the benefits of all other remedies for Golding’s infringement.
20. Without permission or authorization from Bay Valley Foods, Golding has
offered for sale and sold and, upon information and belief, continues to offer for sale and
sell products including, without limitation, the Infringing Bottles, which infringe the ’800
patent.
21. Figures 1, 2, and 5 from the ’800 patent illustrate one of the claimed
22. Golding’s Infringing Bottles contain each and every aspect of the claimed
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24. Upon information and belief, Golding has had actual notice of the ’800
25. Upon information and belief, Golding’s infringement of the ’800 patent has
26. Golding’s conduct has caused and will continue to cause Bay Valley Foods
substantial damage, including irreparable harm, for which Bay Valley Foods has no
adequate remedy at law, unless and until Golding is enjoined from infringing the ’800
patent.
COUNT II
27. Bay Valley Foods repeats and realleges each and every allegation
29. Bay Valley Foods is the owner of all right, title, and interest in and to the
designs covered by the ’339 patent, and Bay Valley Foods is entitled to receive all
damages and the benefits of all other remedies for Golding’s infringement.
30. Without permission or authorization from Bay Valley Foods, Golding has
offered for sale and sold and, upon information and belief, continues to offer for sale and
sell products including, without limitation, the Infringing Bottles, which infringe the ’339
patent.
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32. Golding’s Infringing Bottles contain each and every aspect of the claimed
34. Upon information and belief, Golding has had actual notice of the ’339
35. Upon information and belief, Golding’s infringement of the ’339 patent has
36. Golding’s conduct has caused and will continue to cause Bay Valley Foods
substantial damage, including irreparable harm, for which Bay Valley Foods has no
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patent.
WHEREFORE, Bay Valley Foods respectfully prays for entry of a judgment and
relief as follows:
A. For a judgment that Golding has infringed the ’800 and ’339 patents;
agents, officers, directors, employees, and all persons in privity or active concert or
C. For a judgment and award that Golding account for and pay to Bay Valley
Foods damages adequate to compensate for Golding’s infringement of the ’800 and ’339
patents, including lost profits, but in no event less than a reasonable royalty;
Valley Foods for any continuing post-verdict infringement of the ’800 and ’339 patents
G. For an order finding that this case is an exceptional case under 35 U.S.C.
§ 285 and awarding Bay Valley Foods its costs, expenses, and disbursements incurred in
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Golding;
I. For an award of such other relief to Bay Valley Foods as this Court deems
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Of Counsel:
Kadie M. Jelenchick
Wisconsin Bar No. 1056506, special
appearance to be entered
Sarah E. Rieger
Wisconsin Bar No. 1112873, special
appearance to be entered
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
Telephone: 414.271.2400
E-mail: kjelenchick@foley.com
E-mail: srieger@foley.com
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FIG. 1
FIG 2
FIG. 3
FIG. 4 FIG. 5
US00D825339S
(71) Applicant: Bay Valley Foods LLC, Oak Brook, IL U.S. PATENT DOCUMENTS
(US) D234,911 S 4/1975 Stevens, Jr.
D262,356 S 12/1981 Kretz
(72) Inventors: Randy Whisler, North East, PA (US); D262,778 S 1/1982 Britt et al.
Dan Vandenbeukel, Stoney Creek D308,483 S 6/1990 Weckman
D310,964 S 10/1990 Weckman
(CA); Michelle Joller, Cranberry D352,461 S 11/1994 Flanagan et al.
Township, PA (US); Mark Beskid, (Continued)
Erie, PA (US); Edwin Li, Markham
(CA); Lesley Corker, Atlanta, GA FOREIGN PATENT DOCUMENTS
(US); Laura Flanagan-Kent, Decatur,
CA 89905 7/2000
GA (US); Ryan Healy, Chicago, IL CA 90392 9/2000
(US) (Continued)
(73) Assignee: BAY VALLEY FOODS LLC, Oak OTHER PUBLICATIONS
Brook, IL (US)
“Introducing Amcor’s Curvaceously New Lightweight,” advertise
(**) Term: 15 Years ment regarding new 16οζ Dressing Pet Bottle, Amcor, Apr. 2, 2010.
(Continued)
(21) Appl. No.: 29/546,538
Primary Examiner — Dana L Meyrow
(22) Filed: Nov. 23, 2015 (74) Attorney, Agent, or Firm — Foley & Lardner LLP
(57) CLAIM
We claim the ornamental design for a bottle, as shown and
Related U.S. Application Data described.
DESCRIPTION
(63) Continuation of application No. 29/447,904, filed on
Mar. 7, 2013, now Pat. No. Des. 743,800. FIG. 1 is a perspective view of a bottle showing our new
(51) LOC (11) Cl.................................................. 09-01 design;
FIG. 2 is a front view thereof;
(52) U.S. Cl.
FIG. 3 is a back view thereof;
USPC .............................. D9/516; D9/542; D9/563 FIG. 4 is a left side view thereof;
(58) Field of Classification Search FIG. 5 is right side view thereof;
USPC ........ D9/516, 530, 541-543, 549-550, 556, FIG. 6 is a top view thereof; and,
D9/558, 563, 569, 571, 574, 715, 719 FIG. 7 is a bottom view thereof.
CPC ......... B65D 1/00; B65D 1/02; B65D 1/0223; The evenly-dashed broken lines in the drawings illustrate the
portions of the bottle that form no part of the claim. The
B65D 23/00; B65D 81/00; B65D dot-dash broken lines in the drawings define the bounds of
2501/00; B65D 2501/009; B65D the claim and form no part thereof.
2501/0081
See application file for complete search history. 1 Claim, 5 Drawing Sheets
FIG. 1
FIG. 2
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