IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION FRANK KAUER,

and ACCESS ASIA (H.K.) LIMITED, Plaintiffs, v. NOSTALGIA PRODUCTS GROUP, LLC, Defendant. _____________________________________ ) ) ) ) ) ) ) ) ) ) )

COMPLAINT JURY TRIAL DEMANDED

Plaintiffs Frank Kauer and Access Asia (H.K.) Limited (Plaintiffs) for their Complaint against Nostalgia Products Group, LLC (Nostalgia) alleges as follows: NATURE OF THE LAWSUIT 1. This action involves a claim for patent infringement under the patent laws of the

United States, 35 U.S.C. 1 et seq. PARTIES 2. Hong Kong. 3. Plaintiff Access Asia (H.K.) Limited is a Hong Kong company with a business Plaintiff Frank Kauer is a citizen of Canada, currently residing in Kwun Tong,

address at Flat 2102, 21/F, Benson Tower, 74 Hung to Road, Kwun Tong Kowloon, Hong Kong. 4. Upon information and belief, Defendant Nostalgia is organized under the laws of

Wisconsin, has a principal place of business at 1471 Partnership Drive, Green Bay, Wisconsin, 54304, and is doing business in this State and District.

JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a) as an action arising under the patent laws of the United States. 6. This Court may exercise personal jurisdiction over Nostalgia based upon its

contacts with this forum, including regularly and intentionally doing business here. Nostalgia, directly or through intermediaries, ships, distributes, offers for sale, sells, and advertises various products in this State and District, including upon information and belief the products accused of patent infringement. As set forth herein, upon information and belief, Nostalgia has committed the tort of patent infringement, and has contributed to and induced acts of infringement by others, within this State and District. 7. Venue is proper in this Judicial District pursuant to 28 U.S.C. 1391(b),

1391(c), and 1400(b). COUNT I PATENT INFRINGEMENT 8. Plaintiffs hereby reallege and incorporate by reference paragraphs 1 through 7 as

if fully set forth herein. 9. Plaintiffs own all of the rights and interests in United States Design Patent No.

D632,123 S (the 123 patent). A true and accurate copy of the 123 patent is attached hereto as Exhibit A. 10. The 123 patent was duly and legally issued by the United States Patent and

Trademark Office on February 8, 2011. The 123 patent is presumed valid. 11. The 123 patent relates to an ornamental design for a popcorn machine as shown

and described in Exhibit A.

12.

Nostalgia markets, distributes, offers to sell, and sells various products, including

popcorn machines, through numerous retail stores and outlets throughout the United States, including within this State and District. 13. Nostalgia has infringed and continues to infringe the 123 patent within the

meaning of 35 U.S.C. 271 by, without authority, importing into the United States and/or making, using, selling and/or offering for sale in the United States popcorn machines that embody the patent design claimed in the 123 patent (the Accused popcorn machines). 14. Photographs of a representative sample of the Accused popcorn machines are

attached hereto as Exhibit B. The photographs are true and accurate reproduction of images published on Nostaglias website and/or on websites offering the Accused popcorn machines for sale. One such Accused popcorn machine is identified as Nostalgias Hollywood Series Kettle Popcorn Maker Model HKP200. Upon information and belief, the Accused popcorn machines are offered for sale and sold to consumers in this State and District. 15. Nostalgia has known about Plaintiffs rights in the 123 patent at least since

November 24, 2010, when counsel for Plaintiffs informed Nostalgia of the notice of allowance of the application that matured into the 123 patent. 16. Nostalgia is actively, intentionally and/or knowingly inducing the direct

infringement of the 123 patent by others, including, but not limited to retailers that sell and/or offer to sell the Accused popcorn machines. 17. Nostalgia is actively, intentionally and/or knowingly contributing to the direct

infringement of the 123 patent by others, including, but not limited to retailers that sell and/or offer to sell the Accused popcorn machines.

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On information and belief, Nostalgias infringement has been intentional and

willful, making this an exceptional case. 19. 20. Plaintiffs have been damaged by Nostalgias infringing conduct. Plaintiffs have been and will continue to be irreparably harmed by Nostalgias

infringement of the 123 patent unless injunctive relief is entered by the Court.

WHEREFORE, Plaintiffs respectfully pray for: (A) U.S.C. 271; (B) An injunction against further infringement of the 123 patent by Nostalgia, its Judgment that Nostalgia willfully infringed the 123 patent in violation of 35

agents, servants, employees, officers, and all others controlled by them; (C) An award to Plaintiffs of such monetary damages to which they are entitled

pursuant to 35 U.S.C. 284; (D) (E) An award to Plaintiffs of enhanced damages pursuant to 35 U.S.C. 285; An award to Plaintiffs of his costs, expenses, and fees, including reasonable

attorneys fees; (F) (G) An award to Plaintiffs of interest at the maximum rate allowed by law; and Any such other and further relief as the Court deems just, equitable, and proper.

Plaintiffs respectfully request that all issues so triable be tried by and before a jury.

This the 7th day of July, 2011.

Respectfully submitted, s/ J. Mark Wilson J. Mark Wilson N.C. State Bar No. 25763 Moore & Van Allen PLLC Suite 4700 100 North Tryon Street Charlotte, NC 28202-4003 Telephone: (704) 331-1000 Facsimile: (704) 331-1159 E-mail: markwilson@mvalaw.com Attorneys for Plaintiffs Frank Kauer and Access Asia (H.K.) Limited