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AMARR COMPANY, )
a North Carolina corporation, )
d/b/a Entrematic, )
)
Plaintiff, ) Civil Action No. 2:18-cv-2269
)
v. )
) COMPLAINT FOR PATENT
C.H.I. OVERHEAD DOORS, LLC ) INFRINGEMENT
an Illinois limited liability company, )
) JURY TRIAL DEMANDED
Defendant. )
)
)
For its Complaint for Patent Infringement, Plaintiff Amarr Company d/b/a Entrematic
THE PARTIES
1. Amarr is a North Carolina corporation, and has a regular and established place of
liability company organized under the laws of the state of Illinois, with its principal place of
business at 1485 Sunrise Drive, Arthur, Illinois 61911. Defendant has appointed CT Corporation
System, 208 South LaSalle Street, Suite 814, Chicago, IL 60604 as its agent for service of
process.
3. This is an action for patent infringement, arising under the patent laws of the
United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. § 271, and seeking monetary damages,
2:18-cv-02269-CSB-EIL # 1 Page 2 of 7
disgorgement of profits, permanent injunctive relief, as well as costs and attorneys’ fees pursuant
to 35 U.S.C. §§ 281-285.
4. This Court has original subject matter jurisdiction over all causes of action set
forth herein pursuant to 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the
§§ 1391(b) and (c) and 1400(b) because Defendant resides within the District on the basis of its
incorporation. In addition, Plaintiff alleges upon information and belief that Defendant has a
regular and established place of business in this District and has committed acts of infringement
in this District.
incorporated in Illinois and actively and regularly conducts business within the state of Illinois.
7. Further, this Court has personal jurisdiction over Defendant because upon
information and belief Defendant has committed and continues to commit acts of infringement in
violation of 35 U.S.C. § 271 in this District. Such acts by Defendant cause injury to Amarr
AMARR’S RIGHTS
sectional doors for residential garages, condominiums, commercial buildings, shopping malls,
warehouses, and other industrial applications. Made in the U.S., Amarr products have a legacy
of innovation, high quality design, and sustainability. Amarr products are distributed through
more the 80 Door Centers in the United States, Mexico, and Canada to more than 3,000
professional independent garage door dealers. This extensive network provides widespread
2
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accessibility and reliable service for the new construction, replacement, industrial and
commercial markets. Amarr garage doors also are sold by America’s leading retailers, including
Costco Warehouses, and, under private label, at Sears and Lowe’s Home Improvement.
9. In connection with its innovation efforts to provide high quality designs, Amarr
creates unique styles and patterns for residential overhead garage doors. To protect its novel
designs, Amarr timely and dutifully obtained the valid and subsisting United States patent
referenced below.
10. On April 21, 2009, United States Patent No. D590,956 (“the ‘956 patent”),
entitled “Sectional overhead Door,” was duly and legally issued by the United States Patent and
Trademark Office to Amarr Company. The ‘956 patent claims, inter alia, the ornamental design
for a sectional overhead door. A true and correct copy of the ‘956 patent is attached hereto as
Exhibit A.
11. Amarr is the owner, by assignment, of all right, title, and interest in the ‘956
patent, and has the right to bring this suit for patent infringement thereon.
12. Amarr manufactures, promotes, and sells its RECESSED style steel doors within
its HILLCREST, OAK SUMMIT and DESIGNER’S CHOICE collections according to the
residential garage doors as well as commercial and rolling steel garage doors.
14. Defendant, has been making, using, offering for sale, and/or selling products that
fall within the scope of the ‘956 patent (“the Infringing Products”).
3
2:18-cv-02269-CSB-EIL # 1 Page 4 of 7
15. The Infringing Products offered for sale and sold by Defendant are the “Stamped
Shaker” residential door with the model numbers 2550, 2551, 2583, and 2518. A copy of a
16. Pictured below on the left are FIGs. 1 and 2 from the ‘956 patent, and pictured
17. On information and belief, Defendant was aware of the ‘956 patent prior to
developing the Infringing Products, and took efforts to copy the design of the ‘956 patent.
18. Defendant’s manufacturing, selling, and/or offering for sale of the Infringing
Products, has been without the permission, authority, or license of Amarr, and constitutes
4
2:18-cv-02269-CSB-EIL # 1 Page 5 of 7
COUNT I
20. Defendant has infringed and is continuing to infringe the ‘956 patent by making,
using, offering for sale, and/or selling within the United States, including within this judicial
district, Infringing Products that fall within the scope of the ‘956 patent. The design of the
Infringing Products would appear to an ordinary observer to be substantially similar to the claim
21. These acts constitute direct patent infringement under 35 U.S.C. § 271(a), for
22. On information and belief, the Defendant will continue to infringe the ‘956 patent
unless enjoined by the Court. Amarr is entitled to a preliminary and permanent injunction
pursuant to 35 U.S.C. § 283 restraining Defendant, its officers, agents, employees, and all
persons acting in concert with them from engaging in further infringement of the ‘956 patent.
infringement that are adequate to compensate for the infringement pursuant to 35 U.S.C. § 284,
and damages for infringement of a design patent, including all the Defendant’s profits resulting
from the infringement pursuant to 35 U.S.C. § 289, but in any event no less than a reasonable
24. Defendant has been informed of the existence of the ‘956 Patent as well as its
infringement of that patent, but yet Defendant continues to sell the infringing products with full
knowledge of its infringement. Amarr is entitled to recover its costs, expenses, and reasonable
attorneys’ fees incurred in bringing the present action pursuant to 35 U.S.C. § 285.
5
2:18-cv-02269-CSB-EIL # 1 Page 6 of 7
25. The circumstances of the infringement renders this case an exceptional case under
26. The circumstances of this case justify enhanced damages under 35 U.S.C. § 284,
27. Amarr will be substantially and irreparably harmed by the infringing activities
described above unless those activities are precluded by this Court. Amarr has no adequate
remedy at law.
(a) declare that Defendant has directly and willfully infringed the claim of the ’956
Defendant and its officers, agents, employees, attorneys, representatives, and all others acting in
concert therewith, from making, using, offering to sell, and selling in the United States any
product which falls within the scope of the claim of the ‘956 patent;
(c) direct the United States Customs Service to block all importation of unauthorized
(d) order an accounting for all monies received by or on behalf of Defendant and all
monies and damages be awarded to Amarr, and that interest and costs be assessed against
6
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(e) declare this an exceptional case and order that Defendant pay to Amarr its
(f) award such further and other relief to Amarr as the Court deems just, together
Pursuant to FED. R. CIV. P. 38, Amarr hereby demands trial by jury as to all issues so
Jay Silver
Charles A. Burke
Womble Bond Dickinson (US) LLP
555 Fayetteville Street, Suite 1100
Raleigh, NC 27601
Telephone: 919-755-2165
7
2:18-cv-02269-CSB-EIL # 1-1 Page 1 of 5 E-FILED
Friday, 12 October, 2018 02:45:37 PM
Clerk, U.S. District Court, ILCD
EXHIBIT A
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2:18-cv-02269-CSB-EIL # 1-2 Page 1 of 7 E-FILED
Friday, 12 October, 2018 02:45:37 PM
Clerk, U.S. District Court, ILCD
EXHIBIT B
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JS 44 (Rev. 0/16)
2:18-cv-02269-CSB-EIL # 1-3 Page 1 of 2
CIVIL COVER SHEET E-FILED
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of Friday, 12other
pleadings or October, 2018by02:45:38
papers as required law, except PMas
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required Clerk, U.S.
for the use of District
the Clerk of Court,
Court for theILCD
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff FORSYTH County of Residence of First Listed Defendant DOUGLAS
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Scott A. Burow, Richard S. Stockton
Banner & Witcoff, Ltd., 10 S. Wacker Drive, Suite 3000
Chicago, IL 60606 (312) 463-5000
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. 1DWXUHRI6XLW3ODFHDQ;LQWKHDSSURSULDWHER[,IWKHUHDUHPXOWLSOHQDWXUHRIVXLWFRGHVDVVRFLDWHGZLWKWKHFDVHSLFNWKHQDWXUHRIVXLWFRGH
WKDWLVPRVWDSSOLFDEOH&OLFNKHUHIRU1DWXUHRI6XLW&RGH'HVFULSWLRQV
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
2:18-cv-02269-CSB-EIL # 1-4 Page 1 of 2 E-FILED
Friday, 12 October, 2018 02:45:38 PM
AO 440 (Rev. 06/12) Summons in a Civil Action
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
for the
CentralDistrict
__________ Districtof
of__________
Illinois
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Scott A. Burow
Banner & Witcoff, Ltd.
10 S. Wacker Drive, Suite 3000
Chicago, IL 60606
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date: 10/12/2018
Signature of Clerk or Deputy Clerk
2:18-cv-02269-CSB-EIL # 1-4 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address