Case 5:14-cv-00159 Document 1 Filed 12/18/14 Page 1 of 6 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
HUGH JARRATT
PLAINTIFF

vs.

ARROW PLASTIC MANUFACTURING CO.

and BED BATH & BEYOND INC.

DEFENDANTS

Civil Action No.

(Jury Requested)

PLAINTIFFS ORIGINAL COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Plaintiff Hugh Jarratt, by and through his undersigned counsel, and files this
Original Complaint against Defendants Arrow Plastic Manufacturing Co. and Bed Bath & Beyond
Inc. and in support thereof would show unto the Court as follows:

NATURE OF THE ACTION

I.
This is a patent infringement action to stop Defendants infringement of Plaintiffs United
States Patent No. D574,187S entitled Divided Plate for Separating Food (hereinafter referred to
as the 187 patent), a copy of which is attached hereto as Exhibit A. Plaintiff is the owner of the
187 patent. Plaintiff seeks injunctive relief and monetary damages.

PARTIES
II.
Plaintiff Hugh Jarratt is a citizen of the state of Arkansas and resides in Fayetteville,

Case 5:14-cv-00159 Document 1 Filed 12/18/14 Page 2 of 6 PageID #: 2

Arkansas.
III.
On information and belief, Defendant Arrow Plastic Manufacturing Co. is an Illinois
corporation with its principal place of business located in Elk Grove Village, Illinois. Said Defendant
may be served with process through its registered agent, David L. Weinstein, 311 S. Wacker Drive,
Suite 4400, Chicago, Illinois 60606.

IV.
On information and belief, Defendant Bed Bath & Beyond Inc. is a New York corporation
with its principal place of business located in Union, New Jersey. Said Defendant may be served
with process at 650 Liberty Avenue, Attn: Tax Department, Union, New Jersey 07083.

JURISDICTION
V.
This action arises under the patent laws of the United States, 35 U.S.C. 271, 282-85. This
Court has subject matter jurisdiction over this case for patent infringement under 28 U.S.C. 1331
and 1338(a).
VI.
Venue is proper in this Court under 28 U.S.C. 1391(b).

VII.
This Court has personal jurisdiction over Defendants because Defendants are present within
or have minimum contacts with the state of Texas and the Eastern District of Texas. Defendants have

Plaintiffs Original Complaint

Page 2

Case 5:14-cv-00159 Document 1 Filed 12/18/14 Page 3 of 6 PageID #: 3

purposefully availed themselves of the privilege of conducting business in the state of Texas and in
the Eastern District of Texas. Defendants have sought protection and benefit from the laws of the
state of Texas. Defendants regularly conduct business in the state of Texas and within the Eastern
District of Texas. Plaintiffs causes of action arise directly from Defendants business contacts and
other activities in the state of Texas and in the Eastern District of Texas. Defendants have directly
and/or indirectly committed and/or induced acts of patent infringement in this district.

COUNT I - INFRINGEMENT OF U.S. PATENT D574,187S

VIII.
Plaintiff hereby reasserts and realleges the allegations contained in Paragraphs I - VII herein
above as if set forth word for word.
IX.
The 187 patent was duly and legally issued by the United States Patent and Trademark
Office on August 5, 2008, after full and fair examination. The 187 patent is full force and effect.
Plaintiff is the owner of the 187 patent and possesses all rights of recovery under the 187 patent,
including the exclusive right to sue for infringement and recover past damages.

X.
Some time after January of 2013, Defendants began selling taco plates which infringe the
187 patent.
XI.
Defendants sell and ship infringing taco plates into the state of Texas and the Eastern District
of Texas. Defendants, on information and belief, transact or have transacted business within this

Plaintiffs Original Complaint

Page 3

Case 5:14-cv-00159 Document 1 Filed 12/18/14 Page 4 of 6 PageID #: 4

judicial district for their individual gain and benefit.

XII.
On information and belief, without Plaintiffs authorization, Defendants have offered for sale
and have sold in the United States and the state of Texas the infringing taco plates, which have
designs that are covered by the 187 patent.

XIII.
On information and belief, Defendants knowingly and intentionally sold and continue to sell
Defendants infringing taco plates as simulations of Plaintiffs taco plates.

XIV.
On information and belief, Defendants have infringed and continue to infringe the 187 patent
within the meaning of 35 U.S.C. 271(a) at least by selling and offering to sell Defendants
infringing taco plates without Plaintiffs authorization or license.

XV.
Plaintiff has sold and is currently selling his taco plates bearing the design claimed in the
187 patent. As contemplated by 35 U.S.C. 287, Plaintiff has provided notice of the 187 patent
by marking the 187 patent number on his taco plate models bearing those patented designs since the
United States Patent and Trademark Office issued the 187 patent.

XVI.
Defendants have willfully and intentionally infringed the 187 patent from at least the date

Plaintiffs Original Complaint

Page 4

Case 5:14-cv-00159 Document 1 Filed 12/18/14 Page 5 of 6 PageID #: 5

of the filing of this lawsuit.

XVII.
Defendants aforesaid activities have been without authority and/or license from Plaintiff.

XVIII.
Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff as a result
of Defendants wrongful acts in an amount subject to proof at trial, which by law, cannot be less than
a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284.

XIX.
Defendants infringement of Plaintiffs exclusive rights under the 187 patent will continue
to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless
enjoined by this Court.
JURY DEMAND
XX.
Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
PRAYER FOR RELIEF
Plaintiff Hugh Jarratt respectfully requests that the Court find in his favor and against the
Defendants, and that the Court Plaintiff the following relief:
a.

Judgment that Defendants have infringed one or more of the claims, directly, jointly
and/or indirectly, by way of inducing and/or contributing to infringement of the 187
patent;

Plaintiffs Original Complaint

Page 5

Case 5:14-cv-00159 Document 1 Filed 12/18/14 Page 6 of 6 PageID #: 6

b.

Permanent injunction pursuant to 35 U.S.C. 283 enjoining Defendants and their

officers, directors, agents, servants, affiliates, employees, divisions, branches,
subsidiaries, parents, and all others acting in active concert therewith from
infringement, inducing the infringement of, or contributing to the infringement of the
187 patent, or such other equitable relief the Court determines is warranted;

c.

Award to Plaintiff of damages adequate to compensate Plaintiff for the Defendants

acts of infringement, together with pre-judgment and post-judgment interest;

d.

That, should Defendants acts of infringement be found to be willful from the time
that Defendants became aware of the infringing nature of their actions, which is the
time of filing of Plaintiffs Original Complaint at the latest, the Court award treble
damages for the period of such willful infringement pursuant to 35 U.S.C. 284;

e.

That the Court declare this to be an exceptional case and award Plaintiff his
reasonable attorneys fees and costs in accordance with 35 U.S.C. 285; and

f.

Any further relief that the Court deems just and proper.

December 18, 2014

Respectfully submitted,
/s/ W. David Carter - Lead Attorney
TSB No. 03932780
MERCY p CARTER p TIDWELL, L.L.P.
1724 Galleria Oaks Drive
Texarkana, Texas 75503
(903) 794-9419 - Telephone
(903) 794-1268 - Facsimile
wdcarter@texarkanalawyers.com
Attorneys for Plaintiff Hugh Jarratt

Plaintiffs Original Complaint

Page 6

Case 5:14-cv-00159 Document 1-1 Filed 12/18/14 Page 1 of 5 PageID #: 7

Exhibit A

Case 5:14-cv-00159 Document 1-1 Filed 12/18/14 Page 2 of 5 PageID #: 8

USO0D574187S

(12) United States Design Patent (10) Patent N0.:

Jarratt
(54)

DIVIDED PLATE FOR SEPARATING FOOD

D490,656 S *
D494,816 S

Inventor:

Jarratt

Viewpoint Dr

payettev?le AR (Us) 72701

(**)

US D574,187 S

(45) Date of Patent:

Term:

Aug. 5, 2008

6/2004 Levien ................... .. D7/554.2

8/2004 Wiedmeyer et a1. ........ .. D7/543

D545,127 S *

6/2007

D563,166 S *

3/2008 Woolfolk et a1. ..

2004/0222228 A1*

14 Years

4*

11/2004

.................. ..

D7/504

D7/504

Price ........................ .. 220/574

* cited by examiner

(21) Appl~ p10Z 29/292,196

Primary ExamineriPhilip Hyder

(22) Filed;

Assistant Examiner4Cynthia Underwood

(74)Allorney, Agent, or FirmiKeisling Pieper& Scott PLC;
Stephen D. SchrantZ; Trent C. Keisling

Oct 1, 2007

(51)

LOC (8) Cl.

(52)

us. Cl. ....................................... .. 1)7/504, 137/555

................................................ .. 07-01

(58) Fleld of cDlgjgglcastgn 552M311

6132/5540?

D9/426; D28/61, 73, 1330/130, 108/25;

(57)

CLAIM

The ornamental design for a divided plate for separating food,

as shown and descnbed'

99/426' 211/126.1' 206/557 561 521.15'

220/574, 575, 500

See application ?le for Complete Search history

(56)

References Cited
US. PATENT DOCUMENTS

DESCRIPTION
.

FIG. 1 1s a perspectlve V1eW of a dlvlded plate for separatmg

food showing my neW design;
FIG. 2 is a front elevational View of the design of FIG. 1;
FIG. 3 is a rear elevational View of the design of FIG. 1;

13115 876 s *

7/1939 DeynZer .................... .. 137/541

FIG- 4 is a left Side elevational View Ofthe design OfFIG- 1;

2,677,350 A *

5/1954 Prestidge et a1.

.. 119/61.53

FIG. Sis a right side elevational View ofthe design ofFlG. 1;

D199,194 S

9/1964

Patton, J1. . . . . . . .

. . . . .. D7/555

D363,413

. . . . ..

10/1995

Smith

13374,151 s

10/ 1996

Malvasio . . . . .

. . . . .. 137/504

D428,809

Adair

. . . . ..

D487,860 S *

8/2000

. . . . . . . . . .

... ... .. ..

D7/504

6 is a top
_

View Ofthe design Of

_

D7/555

3/2004 Turner ....................... .. D7/504

and

FIG- 71S a bottom Plan VleW Ofthe deslgn Of FIG- 1

1 Claim, 3 Drawing Sheets

Case 5:14-cv-00159 Document 1-1 Filed 12/18/14 Page 3 of 5 PageID #: 9

US. Patent

Aug. 5, 2008

Sheet 1 of3

FIG. 2

FIG. 3

US D574,187 S

Case 5:14-cv-00159 Document 1-1 Filed 12/18/14 Page 4 of 5 PageID #: 10

US. Patent

Aug. 5, 2008

Sheet 2 of3

US D574,187 S

Case 5:14-cv-00159 Document 1-1 Filed 12/18/14 Page 5 of 5 PageID #: 11

US. Patent

Aug. 5, 2008

Sheet 3 of3

US D574,187 S

JS 44 (Rev. 12/12)

Case 5:14-cv-00159 Document 1-2 Filed 12/18/14 Page 1 of 1 PageID #: 12

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

HUGH JARRATT

ARROW PLASTIC MANUFACTURING CO.

and BED BATH & BEYOND INC.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Washington County, AR

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

W. David Carter
1724 Galleria Oaks Drive
Texarkana, Texas 75503

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Mercy Carter Tidwell, L.L.P.

(903) 794-9419

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. Section 271

VI. CAUSE OF ACTION Brief description of cause:

Patent infringement

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

12/18/2014
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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