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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AMES TRUE TEMPER, INC.,
465 Railroad Avenue Camp Hill, Pennsylvania 17011,

)
)

Plaintiff, v. SUNCAST CORPORATION,

701 North Kirk Road Batavia, Illinois 60510,

) ) ) ) ) ) )
)

Civil Action No. _______________

) Filed Electronically ) Defendant. ) ____________________________________________________________ COMPLAINT FOR PATENT INFRINGEMENT ____________________________________________________________ Plaintiff, Ames True Temper, Inc. (ATTI) files its Complaint against Defendant, Suncast Corporation (Suncast) as follows: NATURE OF THE ACTION AND SUBJECT MATTER JURISDICTION 1. This is an action for patent infringement, arising under the Patent

Laws of the United States 35 U.S.C. 1 et seq., and in particular arising under 35 U.S.C. 271. This Court has subject matter jurisdiction over this action pursuant to 35 U.S.C. 281 and 28 U.S.C. 1331, 1332 and 1338(a) because this action arises under the laws of the United States and an Act of Congress relating to patents and because the matter in

{L0545156.1}

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controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between citizens of different states. PARTIES 2. ATTI is a corporation organized and existing under the laws of the

State of Delaware with its principal place of business located at 465 Railroad Avenue, Camp Hill, Pennsylvania 17011. 3. Suncast is a corporation organized under the laws of the State of

Illinois with its principal place of business located at 701 North Kirk Road, Batavia, Illinois 60510. PERSONAL JURISDICTION AND VENUE 4. Suncast is subject to personal jurisdiction in this Court pursuant to

42 Pa.C.S. 5322 because Suncast transacts business within the Commonwealth of Pennsylvania including the importing, offering for sale, sale and/or use of infringing products and other acts of patent infringement. 5. Venue over this action is proper in this Court pursuant to 28 U.S.C.

1391(b) and 1400(b) because this Judicial District is a judicial district in which a substantial part of the events giving arise to the claims asserted herein occurred, because Suncast is subject to personal jurisdiction and therefore resides within this Judicial District and because, upon information

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and belief, Suncast has committed acts of patent infringement within this Judicial District. PATENT NO. D 557,101 6. On December 11, 2007, United States Design Patent

No. D 557,101 (the 101 Patent) was duly and validly issued to John R. Grishaber for a D-Grip Tool. A true and correct copy of the 101 Patent is attached as Exhibit A and is incorporated by reference. 7. Through an assignment from John R. Grishaber to ATTI, ATTI is

the owner of the 101 Patent, the 101 Patent is currently subsisting and ATTI is the real party in interest with the right to seek the relief requested in this Complaint. INFRINGEMENT BY SUNCAST 8. Suncast, without authorization from ATTI, has been and is

engaged in making and/or importing into the United States, infringing tools, including a snow shovel having a D-Grip on the handle of the shovel tool portion and in this Judicial District and elsewhere in the United States, offering for sale, selling or using those tools which infringe the design set forth in the claim of the 101 Patent, and/or is contributing and/or is actively inducing the importation, making, offering for sale, selling or use of tools which infringe the claim of the 101 Patent, and thus is presently infringing
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and has in the past been infringing the 101 Patent in violation of 35 U.S.C. 271(a), (b) and/or (c). 9. In particular, Suncast is offering for sale and selling snow shovels

which it calls Centerforce (Item No. SPE 2750), which infringe the claim of the 101 Patent. 10. The infringement of the 101 Patent by Suncast has been willful

and deliberate and in conscious disregard for ATTIs patent rights. 11. As a consequence of the foregoing, Suncast has caused and is

continuing to cause damage to ATTI and, unless such acts are enjoined by the Court, Suncast will continue to cause irreparable harm to ATTI for which there is no adequate remedy at law and for which ATTI is also entitled to injunctive relief under 35 U.S.C. 283. WHEREFORE, ATTI prays for relief as follows: A. That the Court adjudge that Suncast has infringed one or

more claims of the 101 Patent; B. That the Court adjudge that the infringement by Suncast

has been willful; C. That the Court award ATTI its damages in accordance

with 35 U.S.C. 284, and increase those damages up to three (3) times by reason of the willful infringement;
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D. this action; E.

That the Court award ATTI its costs in connection with

That the Court declare this to be an exceptional case

within the meaning of 35 U.S.C. 285, and award ATTI its reasonable attorneys fees, expenses and costs of this action; F. That the Court preliminary and permanently enjoin

Suncast and its officers, agents, servants, employees, attorneys and those persons in active concert or participation with them who receive actual notice hereof by personal service or otherwise, from committing further acts of infringement of the 101 Patent; and G. That the Court award ATTI such other and further relief as

the Court deems just and proper.

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Respectfully submitted, /s/ Mark E. Gebauer Mark E. Gebauer (Pa. I.D. 79646) Eckert Seamans Cherin & Mellott, LLC 213 Market Street, 8th Floor Harrisburg, PA 17101 Phone: (717) 237-6052 Fax: (717) 237-6019 Email:mgebauer@eckertseamans.com Mark A. Willard (Pa. I.D. 18103) David V. Radack (Pa. I.D. 39633) Eckert Seamans Cherin & Mellott, LLC 600 Grant Street, 44th Floor Pittsburgh, PA 15219 Phone: (412) 566-6000 Fax: (412) 566-6099 Email: mwillard@eckertseamans.com dradack@eckertseamans.com Attorneys for Ames True Temper, Inc. Dated: February 17, 2014

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