UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

)
R&J MANUFACTURING, INC., )
Plaintiff )
)
vs. ) C. A. No.
)
B&G INTERNATIONAL, INC., ) Jury Trial Demanded
Defendant )
0
(/)
r->
=
-lr-
.......
~ ( .
::;:::: ()'
-j<:.J c:.>
..=::::
OVl
"'Tl-1
UJ
:::o::::'.'?
0
: : ~ : n
0-1
On
rno
-o
-c:
ibl
(/);:::)
j;:-1
U>1
:z:
CJ
)
A
1 2 ~
874
COMPLAINT
Plaintiff, R&J Manufacturing, Inc. ("R&J" or "Plaintiff'), brings this action against
, defendant, B&G International, Inc. ("B&G" or "Defendant"), for patent infringement. By this
Complaint, R&J seeks, inter alia, injunctive relief and monetary damages, and alleges as
follows:
THE PARTIES
1. Plaintiff is a Rhode Island corporation, with its principal place of business at 1
Carding Lane, Johnston, RI 02919. R&J is the owner of numerous patents pertaining to
electronic article surveillance devices and tags. Among the patents owned by R&J are U.S.
Letters Patents Nos. 7,626,501 and 7,518,521, as well as U.S. Design Patent No. D543,590, all of
which disclose embodiments of anti-theft tags.
2. Upon information and belief, Defendant is a Delaware corporation with a
principal place of business located at 37 Empire Street, Newark, NJ, 07114.
Page 1
-n
-
r
m
0
JURISDICTION AND VENUE
3. This action arises under the patent laws of the United States, 35 U.S.C. 271,
281, 283-285.
4. This Court has original and exclusive jurisdiction over the subject matter of this
Complaint pursuant to 28 U.S.C. 1338(a) because this action arises 1.mder an act of Congress
relating to patents. Jurisdiction is also conferred under, 28 U.S.C. 1331 because this is a civil
action arising under the laws of the United States.
5. Plaintiff is informed and believes that this Court may properly exercise in
personam jurisdiction over the Defendant because the Defendant regularly conducts business in
the State of Rhode Island and has sufficient minimum contacts with Rhode Island. Plaintiff is
informed and believes that Defendant sells its products to retailers having retail stores in Rhode
Island.
6. Venue is proper in this District under 28 U.S.C. 1391 (b) and (c).
THE ASSERTED PATENTS
7. United States Design Patent No. D543,590 entitled "Rotating Anti-Theft Tag"
(the '"590 patent"), issued on May 29,2007 on an application filed on February 3, 2006. The
'590 patent is assigned to R&J. A true and correct copy of the '590 patent is attached hereto as
Exhibit A.
8. United States Letters Patent No. 7,518,521 entitled "Rotating Anti-Theft Tag"
(the '"521 patent"), issued on Aprill4, 2009 on an application filed on February 3, 2006. The
Page2
'52 I patent is assigned to R&J. A true and conect copy of the '52 I patent is attached hereto as
Exhibit B.
9. United States Letters Patent No. 7,626,50I entitled, "Anti-Theft Tag" (the '"50I
patent"), issued on December I, 2009 on an application filed on Aprili6, 2007. The '50 I patent
is assigned to R&J. A true and correct copy of the '50 I patent is attached hereto as Exhibit C.
BACKGROUND FACTS
7. R&J is the assignee of the '590, '52 I and '50 I patents by Nunc Pro Tunc
Assignment executed by Display Technologies, effective August 3, 20I2, including the right to
sue for past infringement. Display Technologies was the assignee of the 590, '52 I and '501
patents since their issuance.
8. Defendant B&G is a wholesale manufacturer of security tags and hangers.
9. Upon information and beliefB&G is offering for sale, makes, uses and sells a
"swivel tag", a photo of which is attached hereto as Exhibit D, which swivel tag infringes one or
more claims of the '52 I and '50 1 patents.
I 0. Upon information and belief, B&G is offering for sale, makes, uses and sells a
"swivel tag", a photo of which is attached hereto as Exhibit E, which swivel tag infringes one or
more claims of the '590, '52 I and '50I patents.
II. B&G has been given written notice of infringement by letter dated January 20,
20I2 by Display Technologies, predecessor assignee to R&J of the '52 I and '50 I patents
alleging infringement of said patents by the swivel tag of Exhibit D.
I2. B&G has been given written notice of infringement by letter dated November I9,
2012 by R&J alleging infringement of the '52 I and '50 I patents by the swivel tag of Exhibit D.
Page3
FurthennOl'e, B&G has been given written notice of infringement by the same letter dated
November 19,2012 by R&J alleging infringement of the '590, '521 and '501 patents by the
swivel tag of Exhibit E.
13. Upon information and belief, B&G continues to offer for sale, make, use and has
sold the swivel tags of Exhibit D and E and, upon infonnation and belief is offering for sale,
makes, uses and sells other security tags having a rotating or swivel mechanism. The swivel tags
of Exhibit D and E and other security tags having a rotating or swivel mechanism together being
referred to as "Accused Products".
14. As a direct and proximate result of Defendant's acts of infringement the Plaintiff
has suffered damages.
15. As a direct and proximate result of Defendant's acts of infringement the Plaintiff
has suffered and continues to suffer irreparable harm for which there is no adequate remedy at
law.
COUNT ONE
(Infringement of the '590 Patent- 35 U.S.C. 271)
16. The Plaintiff incorpOl'ates paragraphs 1-15 supra, by reference and realleges them
as originally and fully set forth herein.
17. Defendant, has knowingly and intentionally infringed and continues to infringe
the '590 patent by making, using, offering for sale, or selling, throughout the United States their
swivel tag product, which are covered by claims of the '590 patent, and will continue to do so
unless enjoined by this Court.
18. As a direct and proximate consequence of the Defendant's infringing acts, the
Plaintiff has suffered and will continue to suffer injury and damages, and unless such acts and
practices are enjoined by the Court, will continue to be injured in its business and property rights,
Page4
and will suffer and continue to suffer injury and damages which are causing them irreparable
harm and for which Plaintiff is entitled to relief under 35 U.S.C. 283 and 284.
19. Upon information and belief, the aforementioned infringement is knowing,
intentional and willful.
COUNT TWO
(Infringement of the '521 Patent- 35 U.S.C. 271)
20. The Plaintiff incorporates paragraphs 1-19 supra, by reference and realleges them
as originally and fully set forth herein.
21. Defendant, has knowingly and intentionally infringed and continues to infringe
the '590 patent by making, using, offering for sale, or selling, throughout the United States their
swivel tag product, which are covered by claims of the '590 patent, and will continue to do so
unless enjoined by this Court.
22. As a direct and proximate consequence of the Defendant's infringing acts, the
Plaintiff has suffered and will continue to suffer injury and damages, and unless such acts and
practices are enjoined by the Court, will continue to be injured in its business and property rights,
and will suffer and continue to suffer injury and damages which are causing them irreparable
harm and for which Plaintiff is entitled to relief under 35 U.S.C. 283 and 284.
23. Upon information and belief, the aforementioned infringement is knowing,
intentional and willful.
COUNT THREE
(Infringement of the '501 Patent- 35 U.S.C. 271)
24. The Plaintiff incorporates paragraphs 1-23 supra, by reference and realleges them
as originally and fully set forth herein.
PageS
25. Defendant, has knowingly and intentionally infringed and continues to infringe
.
the '590 patent by making, using, offering for sale, or selling, throughout the United States their
swivel tag product, which are covered by claims of the '590 patent, and will continue to do so
unless enjoined by this Court.
26. As a direct and proximate consequence of the Defendant's infringing acts, the
Plaintiff has suffered and will continue to suffer injury and damages, and unless such acts and
practices are enjoined by the Court, will continue to be injured in its business and property rights,
and will suffer and continue to suffer injury and damages which are causing them irreparable
harm and for which Plaintiff is entitled to relief under 35 U.S.C. 283 and 284.
27. Upon information and belief, the aforementioned infringement is knowing,
intentional and willful.
WHEREFORE, PlaintiffR&J Manufacturing, Inc. respectfully requests that this Court
enter judgment in its favor and against Defendant B&G International, Inc., and requests relief as
follows:
A. Judgment entered in its favor and against Defendant on each count of the
Complaint;
B. Entry of a preliminary and thereafter permanent injunction prohibiting the
Defendant from violating 35 U.S.C. 271 by infringing the '590, '521, and '501 patents, all
pursuant to 35 U.S.C. 283;
C. Entry of a preliminary and thereafter permanent injunction ordering Defendant to
recall and remove from retail establishments all devices that infringe the '590, '521, and '501
patents;
Page6
D. Award Plaintiff its actual damages, all pursuant to 35 U.S.C. 284;
E. Award Plaintiff compensatory damages in an amount no less than a reasonable
royalty of Defendant's gross sales of all Accused Products;
F. A ward Plaintiff prejudgment interest;
G. Award Plaintiff its costs, attorney's fees and expenses arising from this suit under
35 u.s.c. 285;
H. Entry of an Order that Defendant:
l. cease all sales of Accused Products;
2. remove the Accused Products from the Internet, catalogs, flyers,
brochures, displays, advertisements and all other channels of trade;
3. omit reference to the Accused Products from the Internet, future catalogs,
future flyers, future brochures, future displays, future advertisements and
all other channels of trade;
4. recall from its employees, subsidiaries, dealers, distributors, resellers and
customers, any and all Accused Products and advertising of the Accused
Products;
5. surrender for destruction, or other disposition at the election of Plaintiff,
all extrusions, molds, dies, components-in-progress, components,
production matetials, products, castings, fixtures, prints, computer
programs, solid modeling, models, prototypes, engineering records, and all
means of manufacture associated with the production of the Accused
Products; and
I. Grant Plaintiff such other relief as this Court deems just and proper
Page7
JURY DEMAND
Plaintiff demands a trial by jury on all counts of their Complaint so triable.
Date: November 30, 2012
Respectfully submitted,
R&J MANUFACTURING, INC.
By its attorneys,
' '""Y11 (/
,,.,..
Jodi-Ann McLane, Esq. 6173)
IMAGINE THAT PATENTS LLC
31 Brownell Street, PO Box 555
Warren, RI 02885
Email: [email protected]
Telephone: (401)
Facsimile: (866) 610-0507
PageS