Case: 1:13-cv-08549 Document #: 1 Filed: 11/26/13 Page 1 of 5 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Preston Industries, Inc., Plaintiff, v. MODERNCHEF, Inc., Defendant. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Preston Industries, Inc. (Preston) for its Complaint Against MODERNCHEF, Inc. (MODERNCHEF) hereby allege as follows: The Parties 1. Preston is a corporation organized under the laws of Illinois with its principal No.

place of business at 6600 West Touhy Avenue Niles, Illinois 60714. Preston is a worldwide manufacturer, seller and designer of cooking products including constant temperature circulators. 2. Upon information and belief, MODERNCHEF is a company organized under the

laws of the state of Washington with its principal place of business at 1319 N. 43rd St. Seattle, Washington 98103. Upon information and belief, MODERNCHEF is a consumer products manufacturer and/or seller, including products sold under the Sansaire brand in the United States. Jurisdiction and Venue 3. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).

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4.

MODERNCHEF regularly and deliberately engages in activities that occurred in

and/or result in the sales of goods and/or services in the State of Illinois and in this judicial district, which activities result in infringement of a United States patent owned by Preston. This court has personal jurisdiction over MODERNCHEF. 5. 1400(b). FIRST CAUSE OF ACTION (Infringement of U.S. Patent 8,469,678) 6. Preston repeats and re-alleges the allegations of paragraphs 1 through 5 of the Venue is proper in this district pursuant to 28 U.S.C. 1391(b), (c) and (d), and

Complaint as if fully set forth herein. 7. United States Patent No. 8,469,678 entitled Constant Temperature Circulator,

(hereafter the 678 Patent), was duly and legally issued on June 25, 2013, to Philip Preston. A true and correct copy of the 678 Patent is attached hereto as Exhibit A. Preston owns, by assignment, the entire right, title and interest in and to the 678 patent. 8. The 687 Patent has been in full force and effect since its issuance. Preston has

provided and MODERNCHEF has received actual notice of the 678 Patent. 9. MODERNCHEF has directly infringed, and/or has induced others to infringe,

and/or has committed acts of contributory infringement of the claims of the 678 Patent in violation of 35 U.S.C. 271, et seq. Upon information and belief, MODERNCHEF has

committed acts of infringement by making, using, selling, and/or offering to sell products within the United States, and/or importing products into the United States, including but not limited to the Sansaire Sous Vide Circulator (110V North American Version).

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10.

MODERNCHEF will continue to infringe the 678 patent unless enjoined by this

Court. As a result of the infringing conduct of MODERNCHEF, Preston has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy at law. Accordingly, Preston is entitled to temporary, preliminary, and/or permanent injunctive relief against such infringement pursuant to 35 U.S.C. 283. 11. As a result of MODERNCHEFs infringement of the 678 Patent, Preston has

been damaged, and will be further damaged, and is entitled to be compensated for such damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be ascertained, but that will be determined at trial. 12. Because MODERNCHEF has continued its activities after receiving actual notice

of the 678 Patent from Preston, MODERNCHEFs infringement is willful. As a result, Preston is further entitled to trebling of damages pursuant to 35 U.S.C. 284, and to the designation of this case as exceptional pursuant to 35 U.S.C. 285, whereby Preston is entitled to an award of its attorneys fees.

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WHEREFORE, Preston prays for entry of judgment against MODERNCHEF as follows: (a) 271 et seq.; (b) That injunctions, preliminary and permanent, be issued by this Court That MODERNCHEF has infringed the 678 Patent under 35 U.S.C.

restraining MODERNCHEF, its respective officers, agents, servants, directors, and employees, and all persons in active concert or participation with MODERNCHEF, from directly or indirectly infringing, or inducing or contributing to the infringement by others of the 678 Patent; (c) That MODERNCHEF be required to provide Preston an accounting of all

gains, profits and advantages derived by MODERNCHEFs infringement of the 678 patent, and that Preston be awarded damages adequate to compensate it for the wrongful infringing acts by MODERNCHEF, in accordance with 35 U.S.C. 284; (d) That as a result of MODERNCHEFs willful infringement of the 678

Patent, Preston be awarded treble damages pursuant to 35 U.S.C. 284; (e) That this Court declare this case exceptional and award Preston its

reasonable attorneys fees pursuant to 35 U.S.C. 285 as a result of MODERNCHEFs willful infringement of the 678 Patent; (f) action; and (g) deem just and proper. That Preston be awarded such other and further relief as this Court may That Preston be awarded its interest and costs of suit incurred in this

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Case: 1:13-cv-08549 Document #: 1 Filed: 11/26/13 Page 5 of 5 PageID #:5

DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38(b), Preston hereby demands a jury trial for all issues in this case that properly are subject to a jury trial. Dated: ____November 26, 2013______ Respectfully submitted, VEDDER PRICE P.C. By: /Robert S. Rigg Robert S. Rigg 222 North LaSalle Street, Suite 2600 Chicago, Illinois 60601 Telephone: (312) 609-7500 Facsimile: (312) 609-5005 Attorneys for Plaintiff Preston Industries, Inc.

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