UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CIVIL ACTION NO. . _____________ Seasonal Specialties, LLC, Plaintiff, v. Polygroup Limited (Macao Commercial Offshore); GP Limited; Nixan International Ltd.; Polytree (H.K.) Co. Ltd.; Puleo International, Inc.; and General Foam Corporation, Defendants. JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Seasonal Specialties, LLC (Seasonal Specialties), for its Complaint alleges as follows: JURISDICTION, VENUE AND JOINDER
1.

This is an action for patent infringement arising under the patent laws of the

United States, more particularly 35 U.S.C. 271 and 281.

2.

This Court has subject matter jurisdiction pursuant to 28 U.S. C. 1331

and 1338(a).
3. 4.

Venue is proper in this District under 28 U.S.C. 1391(c) and 1400(b). Joinder is proper under 35 U.S.C. 299. Defendants are related business

entities and/or affiliates. The allegations of infringement contained herein arise out of the

same series of occurrences relating to the manufacture, use, import, sale and/or offering for sale of the same mechanical bypass units.
5.

Questions of fact relating to the infringement of the same mechanical

bypass units common to all Defendants will arise in the action. THE PARTIES
6.

Seasonal Specialties is a Minnesota limited liability company with its

principal place of business located at 11455 Valley View Road, Eden Prairie, Minnesota. Seasonal Specialties is engaged in the business of, among other things, development of decorative lighting strings, including lighting strings used in pre-lit Christmas trees containing mechanical bypass units that allow the light bulbs to remain lit even when one or more individual light bulbs are missing from, or becomes loose in, the socket. Seasonal Specialties does business in the State of Minnesota and in this District.
7.

Upon information and belief, Polygroup Limited (Macao Commercial

Offshore) (Polygroup) is a company formed under the laws of the Macau Special Administration Region of the Peoples Republic of China, with its principal place of business at Avenida Xian Xing Hai, Edifcio Zhu 11, Andar M. Macau, Macau, China. Upon information and belief, Polygroup does business in the State of Minnesota and this District, both generally and specifically, by selling pre-lit Christmas trees containing mechanical bypass units that are the subject of this action.
8.

Upon information and belief, GP Limited is a company formed under the

laws of the Hong Kong Special Administration Region of the Peoples Republic of China with a principal place of business at 8/F Enterprise Square 3, 39 Wang Chiu Road,

Kowloon Bay, Hong Kong, China. Upon information and belief, GP Limited does business in the State of Minnesota and this District, both generally and specifically, by selling pre-lit Christmas trees containing mechanical bypass units that are the subject of this action.
9.

Upon information and belief, Nixan International Ltd. is a company formed

under the laws of the Hong Kong Special Administration Region of the Peoples Republic of China with a principal place of business at Unit 702, 7th Floor, Tower B, Manulife Financial Centre, 223-231 Wai Yip St., Kwun Tong, Kowloon, Hong Kong, China. Upon information and belief, Nixan International Ltd. does business in the State of Minnesota and this District, both generally and specifically, by selling pre-lit Christmas trees containing mechanical bypass units that are the subject of this action.
10.

Upon information and belief, Polytree (H.K.) Co. Ltd. is a company formed

under the laws of Hong Kong Special Administration Region of the Peoples Republic of China with a principal place of business at 8 /F Enterprise Square 3, 39 Wang Chiu Road, Kowloon Bay, Hong Kong, China. Upon information and belief, Polytree (H.K.) Co. Ltd. does business in the State of Minnesota and this District, both generally and specifically, by selling pre-lit Christmas trees containing mechanical bypass units that are the subject of this action.
11.

Upon information and belief, Puleo International, Inc., is a corporation

formed under the laws of the State of New Jersey, with a principal place of business at 201 Circle Drive North (Suite 116), Piscataway, New Jersey 08854. Upon information and belief, Puleo International, Inc. does business in the State of Minnesota and this

District, both generally and specifically, by selling pre-lit Christmas trees containing mechanical bypass units that are the subject of this action.
12.

Upon information and belief, General Foam Corporation is a corporation,

formed under the laws of the Commonwealth of Virginia, with a principal place of business at 3321 East Princess Ann Road, Norfolk, Virginia 23502. Upon information and belief, General Foam Corporation does business in the State of Minnesota and this District, both generally and specifically, by selling pre-lit Christmas trees containing mechanical bypass units that are the subject of this action. COUNT I PATENT INFRINGEMENT
13.

Seasonal Specialties realleges the allegations in the preceding paragraphs as

if fully restated in Count I of this Complaint.

14.

Seasonal Specialties is the assignee and owner of all right, title, and interest

in United States Patent No. 7,819,552 (the 552 patent), entitled Mechanical Bypass Light, which issued on October 26, 2010.
15.

Upon information and belief, Defendants have been and still are infringing,

and knowingly contributing to and inducing infringement of, one or more claims of the 552 patent by making, using, selling and/or offering to sell in the United States pre-lit Christmas trees containing mechanical bypass units that allow the light bulbs to remain lit even when one or more individual light bulbs are missing from, or becomes loose in, the socket.

16.

Upon information and belief, Defendants infringement of the 552 patent

has been willful and deliberate, rendering this case exceptional within the meaning of 35 U.S.C. 285.
17.

Seasonal Specialties has been damaged by Defendants infringement of the

552 patent. Unless restrained and enjoined by this Court, Defendants will continue to infringe the 552 patent resulting in substantial, continuing, and irreparable damage to Seasonal Specialties.
18.

Seasonal Specialties has complied with the notice requirements of 35

U.S.C. 287(a) with respect to the 552 patent. DEMAND FOR JUDGMENT WHEREFORE, Seasonal Specialties demands judgment as follows:
A. B. C.

That Defendants be adjudged to have infringed the 552 patent; That the 552 patent be adjudged valid and enforceable; That Defendants be adjudged to have willfully and deliberately infringed

the 552 patent;

D.

That Defendants, their officers, agents, servants, employees, and attorneys,

and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise, be preliminarily and permanently restrained and enjoined from further infringement of the 552 patent;
E.

An accounting and an award of damages by virtue of Defendants

infringement of the 552 patent;

F.

An award of treble damages because of Defendants willful infringement of

the 552 patent, in accordance with 35 U.S.C. 284;

G.

An assessment of prejudgment and post-judgment interest and costs against

Defendants, together with an award of such interest and costs, all in accordance with 35 U.S.C. 284;
H.

That the present case be adjudged an exceptional case within the meaning

of 35 U.S.C. 285 and reasonable attorneys fees be awarded pursuant thereto; and
I.

An award of such other and further relief as this Court may deem just and

proper. JURY TRIAL DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and the Seventh Amendment to the Constitution of the United States, Seasonal Specialties hereby demands a trial by jury of all issues triable in the above action.

Dated: December 6, 2011

ANTHONY OSTLUND BAER & LOUWAGIE, P.A. By: s/Courtland C. Merrill Courtland C. Merrill (#311984) 90 South Seventh Street Suite 3600 Minneapolis, MN 55402 Tel: (612) 349-6969 Fax: (612) 349-6996 Email: cmerrill@aoblaw.com

Michael Lasky (#60914) ALTERA LAW GROUP LLC 1700 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 Tel: (612) 436-3150 Fax:(612) 912-0574 Email: mlasky@alteralaw.com Attorneys for Seasonal Specialties, LLC