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Ammon R. Hansen (ISB No. 6210) HOLLAND & HART LLP Suite 1400, U.S.

Bank Plaza 1010 South Capital Boulevard P.O. Box 2527 Boise, Idaho 83701-2527 Telephone: (208) 342-5000 Facsimile: (208) 343-8869 E-mail: arhansen@hollandhart.com Attorneys for Plaintiff Mark A. Miller (pro hac vice pending) HOLLAND & HART LLP 60 East South Temple, Suite 2000 Salt Lake City, Utah 84111-1031 Telephone: (801) 799-5800 Facsimile: (801) 799-5700 E-mail: mmiller@hollandhart.com Attorneys for Plaintiff Trace Produce, LLC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO TRACE PRODUCE, LLC, an Oregon company, Plaintiff,
vs. DOLE FOOD COMPANY INC., a Delaware Corporation, Defendants.

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Case No.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff Trace Produce LLC (Trace Produce or Plaintiff), by and through counsel, alleges and complains against Defendant Dole Food Company, Inc. (Dole or Defendant) as follows:

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THE PARTIES 1. Plaintiff Trace Produce is an Oregon limited liability company with a place of

business at 28519 Highway 20/26, Parma, Idaho 83660. Plaintiff provides growers and shippers of commodities, such as produce, the ability to market the traceability of their products to consumers throughout the United States, including this judicial district via its

www.traceproduce.com website using its patented tracing system. 2. Upon information and belief, Defendant Dole is a Delaware corporation having a

place of business at One Dole Drive, Westlake Village, California 91362. Upon information and belief, Dole imports, offers for sale, sells and distributes produce of various kinds, including organic bananas and pineapples throughout the United States, including this judicial district. On information and belief, Dole utilizes its www.doleorganic.com website to provide produce tracing services to consumers of its organic bananas and pineapples throughout the United States, including this judicial district. JURISDICTION AND VENUE 3. This action is for patent infringement under 35 U.S.C. 271. This Court has

subject matter jurisdiction under 28 U.S.C. 1331 and 1338. 4. This Court has personal jurisdiction over Defendant due to its infringing activities

in the State of Idaho, including the use of its produce tracing program via the www.doleorganic.com website throughout the United States, including the State of Idaho. 5. Venue is proper in the District of Idaho pursuant to 28 U.S.C. 1391.

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GENERAL ALLEGATIONS 6. Trace Produce owns a valid and enforceable United States patent, U.S. Patent No.

7,996,285 (the 285 patent), entitled Methods And Systems For Accessing Information Related To An Order Of A Commodity. The 285 patent issued August 9, 2011. A copy of the 285 patent is attached as Exhibit A. 7. Trace Produce uses its patented technology via its www.traceproduce.com

website, through which it provides growers and sellers of produce the ability to allow their customers and consumers to discover exactly where their produce originated. This patented produce tracing system gives consumers the ability to locate, see, and learn about the fields and farms where the produce was grown, providing the growers and sellers a very valuable marketing tool that builds consumer confidence in and loyalty to the respective growers and sellers of the produce, thereby enhancing sales and profits. 8. Dole sells organic bananas and pineapples throughout the United States. Dole

utilizes a produce tracing system in connection with its www.doleorganic.com website to provide the consumers of its organic bananas and pineapples the ability to trace the produce to the fields and farms where the bananas and pineapples were grown. 9. On information and belief, Doles www.doleorganic.com produce tracing system

is a valuable marketing tool that builds consumer loyalty and confidence in Dole produce, thereby enhancing Doles profitability. 10. On information and belief, Doles www.doleorganic.com produce tracing system

infringes one or more claims of the 285 patent.

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11.

At no time has Trace Produce given Dole permission, license, or authorization to

use Trace Produces patented produce tracing technology. 12. Doles unauthorized use of Trace Produces patented produce tracing technology

has harmed and will continue to cause irreparable harm to Trade Produce unless immediately and permanently enjoined by this Court. FIRST CAUSE OF ACTION (Patent Infringement Under 35 U.S.C. 271) 13. Trace Produce re-alleges and incorporates by this reference the preceding

allegations of this Complaint. 14. Defendants actions as described above, and specifically Defendants use of the

infringing www.doleorganic.com produce tracing system, constitutes infringement of the 285 patent under 35 U.S.C. 271. 15. Trace Produce is entitled to an injunction prohibiting Defendant from further use

of the infringing www.doleorganic.com produce tracing system without permission or license from Trace Produce under 35 U.S.C. 283. 16. Trace Produce is entitled to recover all damages caused by Defendants

infringement under 35 U.S.C. 284. 17. Defendants continued use of the infringing www.doleorganic.com produce

tracing system has injured, is injuring, and will continue to cause irreparable injury to Trace Produce and its valuable patent rights and related market. 18. If Defendant continues to use the infringing www.doleorganic.com produce

tracing system following notice of the 285 patent, such action will evidence a reckless disregard

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of Trace Produces patent rights and constitute willful infringement entitling Trace Produce to treble damages and attorneys fees and costs incurred in this action, along with prejudgment interest under 35 U.S.C. 284, 285. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that: a. the Court preliminarily and permanently enjoin Defendant, its officers,

directors, principals, agents, servants, employees, successors and assigns, and all others aiding, abetting, or acting in concert or active participation therewith, from using the infringing www.doleorganic.com produce tracing system or any other produce tracing system covered by the 285 patent; b. the Court enter judgment against Defendant for infringement of the 285

patent under 35 U.S.C. 271; c. the Court order that Defendant account to Plaintiff for all sales, revenues,

and profits derived from using its infringing www.doleorganic.com produce tracing system, and that Defendant pay Plaintiff all compensatory damages to which Plaintiff is entitled by law, including without limitation lost profits, reasonable royalties, price erosion damages, and convoyed sales damages; d. the Court award Plaintiff three times the damages found in accordance

with subparagraph (c) above pursuant to 35 U.S.C. 284; e. the Court award Plaintiff, against Defendant, the costs and reasonable

attorneys fees and expenses incurred in this action pursuant to 35 U.S.C. 285 and the equity powers of the Court;

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f. sums allowed by law; g. deem just and proper.

the Court award Plaintiff prejudgment interest against Defendant on all

the Court award Plaintiff such other and further relief as the Court may

JURY DEMAND Trace Produce demands that all claims or causes of action raised in this Complaint be tried by a jury to the fullest extent possible under the United States Constitution.

DATED this 19th day of January, 2012. HOLLAND & HART LLP /s/ Ammon R. Hansen Mark A. Miller, pro hac vice pending Ammon R. Hansen, bar no. 6210 HOLLAND & HART LLP Attorneys for Plaintiff Trace Produce, LLC
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