Case 1:19-cv-00146-SPB Document 1 Filed 05/17/19 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TROY WILSON,
Civil Action No.:_________________
Plaintiff,

v.
JURY TRIAL DEMANDED
TPK, INC.,
Electronically Filed
Defendant.

COMPLAINT

Plaintiff, Troy Wilson, (“Plaintiff”), through its undersigned counsel, alleges the

following as its Complaint against TPK, Inc. (“Defendant”)

JURISDICTION AND VENUE

1. This Complaint alleges patent infringement under the Patent Act, 35 U.S.C.

§ 271, et seq.

2. This Court has subject matter jurisdiction for patent claims pursuant to 28

U.S.C. §§ 1331 and 1338.

3. This Court has personal jurisdiction over the Defendant because Defendant

has a principal place of business in Allegheny County at 4091 Circle Drive, Allison Park, PA

151014.

4. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c), and

(d) because the Defendant resides in this district.

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THE PARTIES

5. Plaintiff is the inventor of U.S. Patent No. 10,117,386 and resides at 10599

Free Rd., Conneaut Lake, PA 16316.

6. Defendant is a West Virginia Corporation having a principal place of

business in Allegheny County located at 4091 Circle Drive, Allison Park, PA 15101.

BACKGROUND

7. Plaintiff is the owner of United States Patent No. 10,117,386 entitled

“Synthetic Turf Removal Skid Steer Attachment Assembly” that issued on November 6, 2018 and

contains 13 claims directed to a synthetic turf removal attachment capable of being attached to a

skid steer (the “‘386 Patent”).

8. Plaintiff manufactures and sells a synthetic turf removal attachment for a

skid steer covered by the claims of the ‘386 Patent. Plaintiff spent numerous hours and R&D to

create an embodiment of Plaintiff’s invention. Plaintiff licenses and uses as part of his family

business, Playing Surface Solutions, a synthetic turf removal attachment for a skid steer that is

covered by the ‘386 Patent. The tool invented by Plaintiff revolutionizes the removal of synthetic

turf. There is no other tool capable of being used with a skid steer.

9. Prior to Plaintiff’s invention, most turf removal projects were performed

manually requiring significant manpower (10-12 personnel) and requiring almost an entire week.

Existing automated removal equipment is expensive, and, in some cases is difficult to use, has low

power and, accordingly, takes several days to accomplish the removal process and typically only

has a turf removal machine. Due to the inefficiency and the excessive expense, most removal teams

opt to revert to manual removal methods.

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10. Plaintiff’s family business, Playing Surface Solutions, and Defendant are

direct competitors.

11. In 2013, Defendant hired Plaintiff to remove a turf field at Swarthmore

College. Astroturf provided Plaintiff’s contact information to Defendant as Plaintiff was then

removing various fields for Astroturf in the general area. Swarthmore’s field contained an elastic

layer (e-layer: bonded rubber shock pad, which contains crumb rubber mixed with a urethane

binder). At the time, Plaintiff was removing all e-layer fields for Astroturf because it was the only

company reasonably capable of safely removing and preserving the synthetic turf atop the e-layer.

At the time, Defendant was not capable of performing this task, which necessitated hiring Plaintiff.

Tim Keane, owner of Defendant, witnessed Plaintiff utilizing the synthetic turf removal attachment

in removing Swarthmore’s field. Upon information and belief, approximately twelve (12) months

later during the next removal season, TPK, Inc. was removing turf fields and possessed a synthetic

turf removal attachment for skid steers identical to that created by Plaintiff.

12. During the Swarthmore College turf removal job, Plaintiff used his

synthetic turf removal attachment for a skid steer that is covered by the ‘386 Patent (“Plaintiff’s

device”). Defendant was impressed by Plaintiff’s device and the time and cost savings that

Plaintiff’s device created. Defendant had access to Plaintiff’s device and viewed it in action.

13. Defendant was made aware that the device was patent pending and that

Plaintiff had exclusive rights to the invention.

14. Upon information and belief, Defendant secretly, and without Plaintiff’s

consent, copied Plaintiff’s device and made or had made an identical infringing device. Defendant

did so without regard to Plaintiff’s patent rights. A comparison of the Defendant’s machine and

the patent drawing are shown below.

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15. Upon information and belief, Defendant continues to willfully and blatantly

infringe the ‘386 Patent by using the infringing device on all of Defendant’s turf removal jobs.

16. Defendant was made aware of Plaintiff’s issued patent at least as early as

January 13, 2019.

17. Defendant, without regard to the ‘386 Patent, continues to use the infringing

device.

COUNT I
(INFRINGEMENT OF THE ‘386 PATENT)

18. Plaintiff realleges each and every allegation set forth in Paragraphs 1

through 17 inclusive, and incorporates them herein by this reference.

19. A true and correct copy of the ‘386 Patent is attached hereto as Exhibit A.

20. Upon information and belief, the synthetic turf removal attachment for a

skid steer used by the Defendant infringes claims 1-13 of the ‘386 Patent.

21. At all times since the date of issue of the ’386 Patent, Plaintiff has been and

currently is, the exclusive owner of the entire right, title, and interest in and to the ’386 Patent.

Plaintiff’s ownership of the ’386 Patent includes, without limitation, the exclusive right to enforce

the ’386 Patent, the exclusive right to file actions on infringement of the ’386 Patent, the exclusive

right to recover damages or other monetary amounts for infringement of the ’386 Patent, and the

exclusive right to be awarded injunctive relief pertaining to the ’386 Patent. Plaintiff has owned

the ’386 patent at all times during Defendant’s infringement of the ’386 patent.

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22. Neither Defendant nor any of its suppliers or customers have a valid license

to make, sell, use, or import products practicing the ’386 Patent.

23. Due to Defendant’s infringement of the ’386 Patent, Plaintiff has suffered,

is suffering, and will continue to suffer irreparable injury for which Plaintiff has no adequate

remedy at law. Plaintiff is therefore entitled to an injunction against Defendant’s further infringing

conduct.

24. Defendant has profited and is profiting from its infringement of the ’386

Patent, and Plaintiff has been and is being damaged and losing profit by such infringement.

Plaintiff is therefore entitled to recover damages from Defendant and the total profit derived from

such infringement, all in an amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief as follows:

1. A judgment that Defendant has infringed and is infringing the ’386 Patent;

2. An order and judgment permanently enjoining Defendant and all persons

and entities acting in concert with Defendant, from infringing the ’386 Patent;

3. An order and judgment requiring Defendant to pay Plaintiff the total profit

made by Defendant from its infringement of the ’386 patent pursuant to 35 U.S.C. § 289 or all

damages caused by Defendant’s infringement of the ’386 Patent (but in no event less than a

reasonable royalty) pursuant to 35 U.S.C. § 284;

4. A judgment and order requiring Defendant to pay Plaintiff increased

damages up to three times the amount found or assessed pursuant to 35 U.S.C. § 284;

5. A determination that this action is an exceptional case pursuant to 35 U.S.C.

§ 285;

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6. A judgment and an order enjoining Defendant, agents, employees,

attorneys, successors, assigns, affiliates, entities owned and controlled by Defendant, and all those

in active concert or participation with Defendant, and each of them who receives notice directly or

otherwise of such injunction from:

a. Selling, distributing, manufacturing, importing, offering for sale, advertising, or

promoting any product bearing any simulation, reproduction, copy or colorable

imitation of such that it is likely to deceive, mislead, or confuse the public into

believing that Defendant’s products in any way originate with, are sanctioned by,

or are affiliated with Plaintiff;

b. otherwise competing unfairly with Plaintiff in any manner;

c. instructing, assisting, aiding or abetting any other person or entity in engaging in

or performing any of the activities alleged in the Complaint;

d. disposing of, destroying, altering, moving, removing, concealing, tampering with

or in any manner secreting any physical evidence or documents (including

computer records) of any kind, including invoices, correspondence, books of

account, receipts or other documentation relating or referring in any manner to

the manufacture, advertising, receipt, acquisition, importation, purchase, sale,

offer for sale, and/or distribution of any merchandise infringing the ‘386 Patent

or any simulation, reproduction, counterfeit, copy or colorable imitation thereof;

e. directing that Defendant make available for review, inspection and copying all

books, records (including all hard drives on computers used for business

purposes, including servers, as well as all computer disks and back up disks) and

other documents and things concerning all transactions relating to the purchase

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or sale of infringing product or any other products incorporating a simulation,

reproduction, counterfeit, copy or colorable imitation of infringing products; and

f. directing that Defendant recall from all distributors, retailers or other recipients

any and all infringing products, direct that Defendant recall from all

manufacturers any and all dies and tools used to manufacture the infringing

products; and that Defendants shall deliver such goods, tools and dies up to

Plaintiff’s counsel for destruction at Defendant’s cost.

7. A judgment and order requiring Defendant to pay Plaintiff any profits or

supplemental damages from any continuing post-verdict infringement up until entry of final

judgment, with an accounting, as needed;

8. A judgment and an order requiring Defendant to pay Plaintiff pre- judgment

and post-judgment interest on any damages or profits awarded;

9. An award of Plaintiff’s attorney’s fees for bringing and prosecuting this

action;

10. An award of Plaintiff’s costs and expenses incurred in bringing and

prosecuting this action;

11. A judgment and an order directing Defendant file with the Court and serve

upon Plaintiff’s counsel within thirty (30) days after entry of judgment a report in writing under

oath setting forth in detail the manner and form in which Defendant has complied with the above;

and

12. Such further and additional relief as this Court deems just and proper.

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DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs hereby

demand a trial by jury for all issues triable by a jury.

Respectfully submitted,

THE WEBB LAW FIRM

Dated: May 17, 2019 s/ John C. Thomas III

John C. Thomas III (PA ID No. 85532)

One Gateway Center

420 Ft. Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222
412.471.8815/412.471.4094 (fax)
jthomas@webblaw.com
litigation@webblaw.com

Attorneys for Plaintiff Troy Wilson

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EXHIBIT A
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JS 44 (Rev. 06/17) 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

TROY WILSON TPK, INC.

(b) County of Residence of First Listed Plaintiff Crawford County of Residence of First Listed Defendant Allegheny
(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)

John C. Thomas III, The Webb Law Firm, One Gateway Center, 420 Ft.
Duquesne Blvd., Suite 1200, Pittsburgh, PA 15222

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)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/17/2019 s/ John C. Thomas, III
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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 Case 1:19-cv-00146-SPB Document 1-2 Filed 05/17/19 Page 2 of 2

JS 44A REVISED June, 2009

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A
This case belongs on the ( Erie Johnstown Pittsburgh) calendar.
1. ERIE CALENDAR - If
cause of action arose in the counties of Crawford, Elk, Erie,
Forest, McKean. Venang or Warren, OR any plaintiff or defendant resides in one of said
counties.
2. JOHNSTOWN CALENDAR - If cause of action arose in the counties of Bedford, Blair,
Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of
said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in

County and that the Plaintiff resides in Crawford County.

4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in

County and that the resides in County.

PART B (You are to check ONE of the following)

1. This case is related to Number . Short Caption .
2. This case is not related to a pending or terminated case.

DEFINlTIONS OF RELATED CASES:

CIVIL: Civil cases are deemed related when a case filed relates to property included in
another suit or involves the same issues of fact or it grows out of the same transactions
as another suit or involves the validity or infringement of a patent involved in another
suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership
groups which will lend themselves to consolidation for trial shall be deemed related.
HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual
shall be deemed related. All pro se Civil Rights actions by the same individual shall be
deemed related.

PARTC
I. CIVIL CATEGORY (Select the applicable category).
1. Antitrust and Securities Act Cases
2. Labor-Management Relations
3. Habeas corpus
4. Civil Rights
5. Patent, Copyright, and Trademark
6. Eminent Domain
7. All other federal question cases
8. All personal and property damage tort cases, including maritime, FELA,
Jones Act, Motor vehicle, products liability, assault, defamation, malicious
prosecution, and false arrest
9. Insurance indemnity, contract and other diversity cases.
10. Government Collection Cases (shall include HEW Student Loans (Education),
V A 0verpayment, Overpayment of Social Security, Enlistment
Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types),
Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine
Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation
Sheet are true and correct

Date: 5/17/2019 s/ John C. Thomas III

ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH )2506 MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.
 Case 1:19-cv-00146-SPB Document 1-3 Filed 05/17/19 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Western District
__________ of Pennsylvania
District of __________

TROY WILSON )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
TPK, INC. )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

TPK, Inc.
4091 Circle Drive
Allison Park, PA 15101

A lawsuit has been filed against you.

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:
John C. Thomas, III
The Webb Law Firm
One Gateway Center
420 Ft. Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222

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:
Signature of Clerk or Deputy Clerk
 Case 1:19-cv-00146-SPB Document 1-3 Filed 05/17/19 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ 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

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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