Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 1 of 9 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

KETER LUXEMBOURG SARL, :

:
Plaintiff, :
:
v. : Civil Action No. ________________
:
HOME PRODUCTS INTERNATIONAL – : JURY TRIAL DEMANDED
NORTH AMERICA, INC., :
:
Defendant. :

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Keter Luxembourg, Sarl (“Keter” or “Plaintiff”) for its complaint against

Defendant Home Products International, North America, Inc. (“Homz” or “Defendant”), by and

through its undersigned attorneys, alleges as follows:

NATURE OF THE ACTION

1. This is a civil action seeking damages and injunctive relief for patent infringement

arising under the patent laws of the United States, 35 U.S.C. §§ 271, 281-285, and 289.

THE PARTIES

2. Plaintiff Keter is a corporation organized under the laws of Luxembourg, having its

principal place of business at Z.I Haneboesch, L-4578 Differdange, Luxembourg.

3. Defendant Homz is a Delaware corporation having its principal place of business

in Chicago, Illinois. Homz may be served with process through its registered agent, United States

Corporation Company, 251 Little Falls Drive, Wilmington, DE 19808.

 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 2 of 9 PageID #: 2

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction under 17 U.S.C. §§ 101 et. seq.;

28 U.S.C. § 1331, 1332; 1338(a).

5. This Court has personal jurisdiction over Defendant, and venue in this judicial

district is proper under 28 U.S.C. § 1391(b) and 28 U.S.C. §§ 1400(a) and (b), in that Defendant

regularly conducts business in this judicial district, and the acts of infringement complained of

herein occurred in this judicial district.

6. This Court also has personal jurisdiction over Homz because, on information and

belief: (1) Homz is a Delaware corporation; (2) Homz regularly transacts business in Delaware;

and (3) Homz has offered for sale and/or sold infringing articles in Delaware and/or has placed

used infringing articles in the stream of commerce with the expectation that such infringing articles

would be used, sold and/or offered for sale in Delaware.

7. Venue is also proper in this judicial district under 28 U.S.C. §§ 1391(b)-(c) and

28 U.S.C. § 1400(b) because, on information and belief, Homz is a Delaware corporation and has

committed acts of infringement in this judicial district.

KETER’S DESIGN PATENT

8. United States Patent No. D776,926 (the “’D926 patent”), entitled “BASKET,” a

true and correct copy of which is appended hereto as Exhibit A, was duly issued on January 24,

2017, naming inventor Nikolai Duvigneau, and assigned to Keter (formerly known as Curver

Luxembourg Sarl).

9. Keter has been and still is the owner by assignment of all right, title and interest to

the ’D926 patent.

2
 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 3 of 9 PageID #: 3

10. The ’D926 patent claims the non-functional, ornamental design for a basket, which

is described and shown from multiple perspectives in its Figures 1-6, as shown below:

11. An example of the non-functional, ornamental design claimed by the ’D926 patent

is embodied in Keter’s Knit Rectangular Baskets, available in various sizes with each embodying

the same non-functional and ornamental features. An example of one of Keter’s Knit Rectangular

Baskets is shown below:

3
 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 4 of 9 PageID #: 4

INFRINGEMENT BY HOMZ

12. On information and belief, Homz manufactures, sells, offers for sale and/or imports

various sizes of its “Weave Style” storage basket, including its small, medium and large “Rattan

Plastic Storage Bin With Handles,” Nos. 2211050, 2211051 and 2211052 (the “Accused

Products”). An example of one of Homz’s infringing “Weave Style” storage baskets is shown

below:

13. On or about February 6, 2020, correspondence sent on behalf of Keter’s affiliate,

stated that “[i]t has come to our attention that you are unlawfully infringing upon the intellectual

property of [Keter].” The correspondence identified the Accused Products, stating that each

“violate the Company’s and/or its affiliates’[] registered patent, number D776,926.”

14. With full and affirmative knowledge of the ’D926 patent and its application to the

Accused Products, on information and belief, Homz has acted and continues to act with intentional

disregard for the ’D926 patent.

15. Images of an example of an Accused Product next to corresponding views in the

figures of the ’D926 patent are shown in the chart below:

4
Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 5 of 9 PageID #: 5

’D926

Fig. 1

(top)

’D926

Fig. 2

(bottom)

’D926

Fig. 3

(front)

’D926

Fig. 4

(side)

5
 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 6 of 9 PageID #: 6

’D926

Fig. 5

(top)

’D926

Fig. 6

(bottom)

16. Homz’s continued sale, offering for sale, importation, and distribution of the

Accused Products, including, without limitation, the articles set forth above, infringes the claim of

the ’D926 patent.

COUNT I
INFRINGEMENT OF UNITED STATES PATENT NO. D776,926

17. Plaintiff repeats and incorporates herein by reference each of the allegations set

forth above as if fully set forth herein.

18. To the eye of an ordinary observer, giving such attention as a purchaser usually

accords, the non-functional, ornamental design of a knit or woven basket claimed in the ’D926

patent and the Accused Products are substantially the same.

19. Defendant has infringed the ’D926 patent by, without authorization from Plaintiff,

importing, manufacturing, marketing, selling and/or offering for sale the Accused Products

6
 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 7 of 9 PageID #: 7

comprising a non-functional, ornamental design that falls within the claim of the ’D926 patent

within the United States.

20. By reason of the foregoing, Plaintiff has suffered, and will continue to suffer,

substantial damages as a result of Defendant’s infringement of the ’D926 patent in an amount to

be determined at the trial of this action.

21. Upon infromation and belief, Defendant had actual and constructive notice of the

’D926 patent at least as of February 6, 2020, and has continued its infringement in spite of said

knowledge. Exemplified by Defendant’s copying of Keter’s patented design, and Defendant’s

reckless disregard of Keter’s patent rights by continuing to make, use, sell, offer for sale and/or

import the Accused Products in the United States despite knowledge of the ’D926 patent,

Defendant’s conduct has been and is egregious. Defendant’s infrignement of the ’D926 patent is,

therefore, willful and justifies an award of increased damages under 35 U.S.C. § 284, and

attorneys’ fees under 35 U.S.C. § 285.

22. These infringing actions have resulted in irreparable harm to Keter for which Keter

has no adequate remedy at law.

23. Upon information and belief, Defendant will continue to infringe the ’D926 patent

unless and until it is enjoined by this Court.

24. Unless Defendant is enjoined from infringing the ’D926 patent, Plaintiff will suffer

substantial and irreparable injury.

7
 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 8 of 9 PageID #: 8

JURY DEMAND

Pursuant to Federal Rule of Civil Procedure 38(b) and District of Delaware Local Rule

38.1, Keter demands a trial by jury on all issues.

WHEREFORE, Plaintiff prays for judgment against Defendant including:

1. Judgment that Defendant has directly infringed, literally and/or under the doctrine

of equivalents, the claim of the ’D926 patent, and that the manufacture, use, sale, offer for sale

and/or importation of the Accused Products infringes the claim of the ’D926 patent;

2. Upon application, a preliminary and permanent injunction enjoining Defendant, its

officers, directors, employees, agents, and affiliated entities, and all other parties in active

participation or privity with them, from manufacturing, using, selling offering for sale and/or

importing the Accused Products in the United States and from otherwise infringing the claim of

the ’D926 patent;

3. An award of damages adequate to compensate Plaintiff for Defendant’s

infringement of the ’D926 patent in an amount not less than a reasonable royalty under 35 U.S.C.

§ 284, together with prejudgment interest from the first date on which Defendant’s infringement

began;

4. An award of the total profits made by Defendant from its infringement of the claim

of the ’D926 patent under 35 U.S.C. § 289;

5. A declaration that Defendants’ conduct was egregious and an award of multiple

damages under 35 U.S.C. § 284;

6. A declaration that this case is exceptional under 35 U.S.C. § 285 and an award of

Plaintiff’s attorneys’ fees and costs, together with pre- and post-judgment interest; and

8
 Case 1:21-cv-00477-UNA Document 1 Filed 03/31/21 Page 9 of 9 PageID #: 9

7. Granting Plaintiff such other and further relief as the Court may deem just and

proper.

HEYMAN ENERIO
GATTUSO & HIRZEL LLP

/s/ Patricia L. Enerio

Patricia L. Enerio (# 3728)
penerio@hegh.law
300 Delaware Avenue, Suite 200
Wilmington, DE 19801
(302) 472-7300

Attorneys for Plaintiff

Keter Luxembourg, Sarl

OF COUNSEL:

MINTZ, LEVIN, COHN, FERRIS,

GLOVSKY AND POPEO, P.C.
Adam P. Samansky
apsamansky@mintz.com
One Financial Center
Boston, MA 02111
(617) 542-6000

Dated: March 31, 2021

9
Case 1:21-cv-00477-UNA Document 1-1 Filed 03/31/21 Page 1 of 1 PageID #: 10