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Case 1:12-cv-10415-JLT Document 1 Filed 03/05/12 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

AMESBURY GROUP, INC., Plaintiff, v. THE CALDWELL MANUFACTURING COMPANY, Defendant. Civil Action No. 12-10415

JURY TRIAL DEMANDED

COMPLAINT
Plaintiff Amesbury Group, Inc. (Amesbury) files this Complaint for patent infringement against defendant The Caldwell Manufacturing Company (Caldwell). Because of such patent infringement, Amesbury has been damaged and irrevocably harmed, and seeks injunctive relief, compensatory and multiple damages, attorneys fees, and costs and expenses, including an injunction prohibiting Caldwell from making, using, selling, offering to sell, and importing into the United States its infringing window balances. PARTIES 1. Amesbury is a Delaware corporation with a regular place of business in

Amesbury, Massachusetts. 2. On information and belief, Caldwell is a New York corporation with a regular

place of business in Rochester, New York. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. 154 and 271. This Court has exclusive jurisdiction over the subject matter of this action under 28 U.S.C. 1331 and 1338(a).

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4.

Venue is proper in the United States District Court for the District of

Massachusetts, pursuant to at least 28 U.S.C. 1391 and 1400(b). 5. This Court has personal jurisdiction over Caldwell for reasons including that, on

information and belief, Caldwell sells products to persons in Massachusetts, both directly and indirectly, and such sales constitute continuous and systematic contacts with Massachusetts. INFRINGEMENT OF U.S. PATENT NO. 7,191,562 6. Amesbury re-alleges and adopts by reference the allegations set forth in

paragraphs 1 5 above as though set forth fully herein. 7. On March 20, 2007, the U.S. Patent and Trademark Office duly and legally issued

to Stewart Uken, Gary Newman, and Lawrence VerSteeg, United States Patent No. 7,191,562, entitled Locking Balance Shoe And System For A Pivotable Window, (the 562 patent), a true and correct copy of which is attached as Exhibit A. 8. 9. Amesbury Group, Inc. is the assignee and owner of the 562 patent. Caldwell has infringed the 562 patent in the United States by making, using,

importing, selling, offering to sell, inducing the use and sale of, and/or contributing to the use and sale of, window balances that fall within the scope of one or more claims of the 562 patent, including, but not by way of limitation, Caldwells inverted mount block and tackle balance. 10. A copy of a Caldwell product brochure depicting the window balances which

infringe the 562 patent is attached as Exhibit B. The Caldwell product brochure is available on Caldwells website at: http://www.caldwellmfgco.com/Prodigy.asp. 11. 12. willful. Caldwell had and currently has notice of the 562 patent. On information and belief, Caldwells infringement of the 562 patent has been

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13.

Amesbury is without an adequate remedy at law, because Caldwells infringement

will irreparably harm Amesbury unless Caldwell is enjoined by the Court from the actions complained of herein. 14. As a direct and proximate result of Caldwells infringement, Amesbury has

suffered damages and continues to suffer damages in an amount to be determined at trial. INFRINGEMENT OF U.S. PATENT NO. 6,931,788 15. Amesbury re-alleges and adopts by reference the allegations set forth in

paragraphs 1 5 above as though set forth fully herein. 16. On August 23, 2005, the U.S. Patent and Trademark Office duly and legally

issued to Stewart Uken, Gary Newman, and Lawrence VerSteeg, United States Patent No. 6,931,788, entitled Locking Balance Shoe And System For A Pivotable Window, (the 788 patent), a true and correct copy of which is attached as Exhibit C. 17. 18. Amesbury Group, Inc. is the assignee and owner of the 788 patent. Caldwell has infringed the 788 patent in the United States by making, using,

importing, selling, offering to sell, inducing the use and sale of, and/or contributing to the use and sale of, window balances that fall within the scope of one or more claims of the 788 patent, including, but not by way of limitation, Caldwells inverted mount block and tackle balance. 19. A copy of a Caldwell product brochure depicting the window balances which

infringe the 788 patent is attached as Exhibit B. The Caldwell product brochure is available on Caldwells website at: http://www.caldwellmfgco.com/Prodigy.asp. 20. 21. willful. Caldwell had and currently has notice of the 788 patent. On information and belief, Caldwells infringement of the 788 patent has been

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22.

Amesbury is without an adequate remedy at law, because Caldwells infringement

will irreparably harm Amesbury unless Caldwell is enjoined by the Court from the actions complained of herein. 23. As a direct and proximate result of Caldwells infringement, Amesbury has

suffered damages and continues to suffer damages in an amount to be determined at trial. PRAYERS FOR RELIEF WHEREFORE, Amesbury prays for judgment in its favor, including: a. b. c. a finding that Caldwell has infringed the 562 and 788 patents; a finding that Caldwells infringement of the 562 and 788 patents is willful; a permanent injunction prohibiting Caldwell, its officers, agents, servants, employees, attorneys, and all other persons in active concert or participation with Caldwell, from further infringing the 562 and 788 patents throughout their respective remaining enforceable terms; an accounting for damages arising from the infringement of the 562 and 788 patents by Caldwell and those in privity with Caldwell; an award of damages proximately caused by Caldwells unlawful acts, at least under 35 U.S.C. 154 and 284; an award of increased damages and punitive damages for the willful nature of Caldwells unlawful acts, said award to equal treble the amount of actual damages; an award of the costs and attorneys fees Amesbury has incurred in bringing and maintaining this action; an award of pre-judgment and post-judgment interest; such other and further relief as the Court deems proper.

d.

e.

f.

g.

h. i.

JURY DEMAND Amesbury demands a trial by jury on all issues so triable.

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Respectfully submitted, AMESBURY GROUP, INC. By its attorneys, /s/ Douglas J. Kline Douglas J. Kline (BBO# 556680) (dkline@goodwinprocter.com) Michael G. Strapp (BBO# 653884) (mstrapp@goodwinprocter.com) GOODWIN PROCTER LLP Exchange Place Boston, MA 02109-2881 617.570.1000

Dated: March 5, 2012