IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND WM. T.

BURNETT FIBER LLC 1500 Bush Street Baltimore, Maryland 21230 a Maryland Limited Liability Company, Plaintiff, v. MILLIKEN & COMPANY 920 Milliken Road. Spartanburg, SC 29303 a Delaware Corporation SERVE ON: Registered Agent CT Corporation System 75 Beattie Place, Two Shelter Centre Greenville, SC 29601 and PRECISION CUSTOM COATINGS I, LLC 200 Maltese Drive Totowa, NJ 07512-1404 a Delaware Corporation SERVE ON: Registered Agent National Registered Agents, Inc. of NJ 100 Canal Pointe Blvd., Suite 212 Princeton, NJ 08540 Defendants. Civil Action No.:

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, Wm. T. Burnett Fiber LLC, by its undersigned counsel, sues Defendants, Milliken & Company and Precision Custom Coatings I, LLC.

NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. 271, 281, 283, 284 and 285. THE PARTIES A. THE PLAINTIFF 2. Plaintiff Wm. T. Burnett Fiber LLC (Burnett) is a limited liability company

organized and existing under the laws of the State of Maryland, has a principal place of business at 1500 Bush Street, Baltimore, Maryland, 21230, and is doing business in this District. 3. Burnett is the exclusive licensee of U.S. patent Nos. 7,410,920 and 7,851,392

(the Patents) with the right to sublicense and enforce the Patents, which relate to lightweight nonwoven fire barriers used in the bedding industry. B. THE DEFENDANTS 4. Defendant Milliken & Company (Milliken) is a Delaware corporation with a

principal place of business at 920 Milliken Road, Spartanburg, South Carolina 29303. Milliken is a large, privately held, textile and chemical manufacturer. It has manufactured, and is manufacturing, lightweight non-woven fire barriers used in the bedding industry for sale throughout the United States. 5. Defendant Milliken has extensive continuous and systematic general business

conduct with persons and entities in Maryland that is more than sufficient to subject it to general jurisdiction over its person here. By way of example, Milliken sells a Maryland affiliate of Burnett (Wm. T. Burnett Foam LLC) hundreds of thousands of dollars of chemicals annually for use in a Jessup, Maryland polyurethane foam manufacturing plant.

6.

Defendant Precision Custom Coatings I, LLC (Precision) is a Delaware

corporation with a principal place of business at 200 Maltese Drive, Totowa, NJ 07512-1404. It engages in the business of, among other things, the manufacturing of lightweight non-woven fire barriers used in the bedding industry for sale in this District and in the United States. It has sold, and continues to sell, its infringing product in this District to, among others, Classic Brands, formerly known as Classic Sleep Products, which trades under the Dormia Mattresses name. Classics mattress factory, which is located in Jessup, Maryland, incorporates the infringing fire barriers into the mattresses it manufactures. JURISDICTION AND VENUE
7.

This Court has jurisdiction over the subject matter of the claims asserted in this

action under 28 U.S.C. 1331, 1332(a) and 1338(a).

8.

This Court has personal jurisdiction over Milliken because Milliken is doing

business in this District and, for the reasons alleged in Paragraph 5, is subject to general jurisdiction over its person in this District.
9.

This Court has personal jurisdiction over Precision because Precision is doing

business in this District, has committed acts of infringement in this District, and/or has caused harm or tortuous injury in this District by acts therein. 10. Venue properly lies in this district under 28 U.S.C. 1391(b)-(c) and 1400(b)

because Milliken and Precision are subject to personal jurisdiction in this District.

COUNT I PATENT INFRINGEMENT U.S. PATENT NO. 7,851,392 B2 11. Burnett realleges and incorporates by reference Paragraphs 1 through 10 above as

if fully set forth herein. 12. Burnett is the exclusive licensee of U.S. patent Nos. 7,851,392 (the 392

Patent), which issued December 14, 2010, and which is titled Lightweight Nonwoven Fire Retardant Barrier. A copy of the 392 Patent, which originally was assigned by the inventor, Greg Davis, to Wm. T. Burnett IP, LLC and which subsequently was licensed from that entity to the Plaintiff, Wm. T. Burnett Fiber LLC, is attached hereto as Exhibit A. The license from Wm. T. Burnett IP, LLC to the Plaintiff, Wm. T. Burnett Fiber LLC, granted it the right to sublicense the 392 Patent (the 392 License). 13. The 392 License grants to Burnett the exclusive right to make, use, sell, offer to

sell, import and sublicense the lightweight non-woven fire retardant barriers incorporating the invention claimed in the 392 Patent. 14. Burnett has manufactured and sold products covered by the 392 Patent, including

but not limited to its Whispershield product. 15. Defendant Milliken has infringed and/or is continuing to infringe the claims of the

392 Patent by making, using, offering to sell, and selling its Paladin product, throughout the United States, which embody or are covered by one or more of the 392 Patent claims. Attached as Exhibit B are pages from the Milliken website evidencing the offering for sale of these products. 16. Defendant Precision has infringed and/or is continuing to infringe the claims of

the 392 Patent by making, using, offering to sell, and selling Precision Flame Protection (PFP) products

throughout the United States, which embody or are covered by those claims. Attached as Exhibit C are pages from Nonwovens Industry website evidencing the offering for sale of these products. 17. Plaintiff Burnett manufactures and sells lightweight non-woven fire retardant

barriers incorporating the invention of the 392 Patent in competition with the accused lightweight nonwoven fire retardant barriers of Defendant Milliken and Defendant Precision. 18. Defendant Milliken and Defendant Precision have caused and will continue to

cause Burnett substantial damages and injury, including lost profits due to lost sales of Burnetts lightweight non-woven fire retardant barriers incorporating the design of the 392 Patent, by virtue of their past and continuing infringement of the 392 Patent. 19. Plaintiff Burnett is entitled to, among other things, compensation for the

foregoing acts of infringement by Milliken and Precision, and to disgorgement of Millikens and Precisions financial gains arising from their sales of their infringing lightweight non-woven fire retardant barriers. 20. Plaintiff Burnett will suffer further damage and injury unless and until Milliken

and Precision are enjoined by this Court from continuing such infringement. The damage caused by Milliken and Precision is irreparable and cannot be adequately compensated for in money damages. WHEREFORE, Plaintiff Burnett respectfully requests that Judgment be entered that Milliken and Precision have infringed valid claims of the 392 Patent and that Burnett be granted the following relief: (i) Entry of a preliminary injunction pending resolution of this action and a

permanent injunction thereafter restraining Milliken and Precision, their officers, agents, servants,

attorneys and all persons acting in concert with them, from further acts of infringement of the 392 Patent; (ii) An order requiring an accounting and disgorgement of profits derived by Milliken

and Precision from their acts of infringement; (iii) An award of damages sufficient to compensate Burnett for Millikens and

Precisions infringement of the 392 Patent; (iv) An award of prejudgment interest pursuant to 35 U.S.C. 284, from the date of

each act of infringement of the 392 Patent by Milliken and Precision until the day a damages judgment is entered herein, and a further award of post judgment interest, pursuant to 28 U.S.C. 1961, continuing thereafter until such judgment is paid; (v) That Burnett recover from Milliken and Precision an award of Burnetts

reasonable attorneys fees, pursuant to 35 U.S.C. 285, and Burnetts costs of suit, pursuant to 35 U.S.C. 284; and (vi) Such other and further relief as this Court shall deem appropriate.

COUNT II PATENT INFRINGEMENT U.S. PATENT NO. 7,410,920 21. Burnett realleges and incorporates by reference Paragraphs 1 through 10 above as

if fully set forth herein. 22. Burnett is the exclusive licensee of U.S. patent Nos. 7,410,920 (the 920

Patent), which issued August 12, 2008, and which is titled Lightweight Nonwoven Fire Retardant Barrier. A copy of the 920 Patent, which originally was assigned by the inventor, Greg Davis, to WM. T. Burnett Operating LLLP and which subsequently was assigned from that entity to another Burnett

affiliate, Wm. T. Burnett IP, LLC, and then licensed to the Plaintiff, Wm. T. Burnett Fiber LLC (the 920 License), is attached hereto as Exhibit D. 23. The 920 License grants to Burnett the exclusive right to make, use, sell, offer to

sell, import and sublicense the lightweight non-woven fire retardant barriers incorporating the invention claimed in the 920 Patent. 24. Burnett has manufactured and sold products covered by the 920 Patent, including

but not limited to its Whispershield product. 25. Defendant Milliken has infringed and/or is continuing to infringe the claims of the

920 Patent by making, using, offering to sell, and selling its Paladin product throughout the United States, which embody or are covered by one or more of the 920 Patent claims. Attached as Exhibit B are pages from Millikens website evidencing the offering for sale of these products. 26. Defendant Precision has infringed and/or is continuing to infringe the claims of

the 920 Patent by making, using, offering to sell, and selling Precision Flame Protection (PFP) products throughout the United States, which embody or are covered by that claim. Attached as Exhibit C are pages from Nonwovens Industry website evidencing the offering for sale of these products. 27. Plaintiff Burnett manufactures and sells lightweight non-woven fire retardant

barriers incorporating the invention of the 920 Patent in competition with the accused lightweight nonwoven fire retardant barriers of Defendant Milliken and Defendant Precision. 28. Defendant Milliken and Defendant Precision have caused and will continue to

cause Burnett substantial damages and injury, including lost profits due to lost sales of Burnetts lightweight non-woven fire retardant barriers incorporating the design of the 920 Patent, by virtue of their past and continuing infringement of the 920 Patent.

29.

Plaintiff Burnett is entitled to, among other things, compensation for the

foregoing acts of infringement by Milliken and Precision, and to disgorgement of Millikens and Precisions financial gains arising from their sales of their infringing lightweight nonwoven fire retardant barriers. 30. Plaintiff Burnett will suffer further damage and injury unless and until Milliken

and Precision are enjoined by this Court from continuing such infringement. The damage caused by Milliken and Precision is irreparable and cannot be adequately compensated for in money damages. WHEREFORE, Plaintiff Burnett respectfully requests that Judgment be entered that Milliken and Precision have infringed valid claims of the 920 Patent and that Burnett be granted the following relief: (i) Entry of a preliminary injunction pending resolution of this action and a

permanent injunction thereafter restraining Milliken and Precision, their officers, agents, servants, attorneys and all persons acting in concert with them, from further acts of infringement of the 920 Patent; (ii) An order requiring an accounting and disgorgement of profits derived by Milliken

and Precision from their acts of infringement; (iii) An award of damages sufficient to compensate Burnett for Millikens and

Precisions infringement of the 920 Patent; (iv) An award of prejudgment interest pursuant to 35 U.S.C. 284, from the date of

each act of infringement of the 920 Patent by Milliken and Precision until the day a damages judgment is entered herein, and a further award of post judgment interest, pursuant to 28 U.S.C. 1961, continuing thereafter until such judgment is paid;

(v)

That Burnett recover from Milliken and Precision an award of Burnetts

reasonable attorneys fees, pursuant to 35 U.S.C. 285, and Burnetts costs of suit, pursuant to 35 U.S.C. 284; and (vi) Such other and further relief as this Court shall deem appropriate.

Dated: July 5, 2011

Wm. T. Burnett Fiber LLC

By: /s/ James K. Archibald James K Archibald, D. Md. Bar No. 00097 Chief Litigation Counsel 1500 Bush Street Baltimore, Maryland 21230 410-783-0144 jima@wmtburnett.com Attorney for Wm. T. Burnett Fiber LLC

JURY DEMAND Plaintiff hereby demands a trial by jury on all issues triable of right to a jury. Dated: July 5, 2011 Wm. T. Burnett Fiber LLC

By: /s/ James K. Archibald James K Archibald, D. Md. Bar No. 00097 Chief Litigation Counsel 1500 Bush Street Baltimore, Maryland 21230 410-783-0144 jima@wmtburnett.com Attorney for Wm. T. Burnett Fiber LLC