Case 1:12-cv-10239-GAO Document 1 Filed 02/07/12 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS SGS TOOL COMPANY, INC. Plaintiff, v. HARVEY TOOL COMPANY, LLC. Defendant. ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.: _______

COMPLAINT (JURY TRIAL DEMANDED) Plaintiff, SGS Tool Company, Inc. (SGS), for its Complaint against Harvey Tool Company, LLC (Harvey Tool), hereby demands a jury trial and alleges as follows: PARTIES 1. SGS is a corporation organized under the laws of the State of Ohio, with its

principle place of business at 55 South Main Street, Munroe Falls, Ohio 44262. 2. On information and belief, Harvey Tool is a limited liability company organized

under the laws of the Commonwealth of Massachusetts, with a principle place of business at 428 Newburyport Turnpike, Rowley, Massachusetts 01969-1729.

JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271 et seq. 4. This Court has subject matter jurisdiction over this action under 28 U.S.C.

1331 and 1338(a).

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5.

Harvey Tool has committed acts of patent infringement in the Federal District for

Massachusetts and elsewhere throughout the United States. 6. Venue is proper in this Court under 28 U.S.C. 1391(c) and 1400(b), in that

Harvey Tool is subject to personal jurisdiction in this district and therefore resides in this district, and Harvey Tool has and is committing acts of infringement in this district. FACTUAL BACKGROUND 7. On December, 11, 2007, the U.S. Patent Office issued U.S. Patent No. 7,306,408

(the 408 patent) to Jason S. Wells et al. for an invention entitled Rotary Cutting Tool. SGS owned the 408 patent throughout the period of Harvey Tools infringing acts and still owns the 408 patent. A copy of the 408 patent is attached hereto as Exhibit A. 8. On September 7, 2010, the U.S. Patent Office issued U.S. Patent No. 7,789,597

(the 597 patent) to Jason S. Wells et al. for an invention entitled Rotary Cutting Tool. SGS owned the 597 patent throughout the period of Harvey Tools infringing acts and still owns the 597 patent. A copy of the 597 patent is attached hereto as Exhibit B. 9. On January 26, 2012, SGS sent a letter to Harvey Tool notifying Harvey tool of

its infringement. A copy of this letter is attached hereto as Exhibit C. 10. SGSs January 26, 2012 letter identified Harvey Tool 46916-C6 end mill as

infringing at least claim 1 of the 408 patent and claim 7 of the 597 patent. 11. As of February 6, 2012, Harvey Tool had not responded to the January 26, 2012

letter and Harvey Tools website continues to offer the 46916-C6 tool identified in SGSs January 26, 2012 letter. (Exhibit D, Harvey Tool Website, Emphasis original).

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COUNT I INFRINGEMENT OF THE 408 PATENT 12. Harvey Tool has infringed and is still infringing the 408 patent by making,

selling, and using rotary cutting tools that embody the patented invention, including but not limited to the tool identified as Harvey Tool 46916-C6 on Harvey Tools website

www.harveytool.com (relevant portion below), and Harvey Tool will continue to do so unless enjoined by this Court.

13.

SGS has complied with the statutory requirement of placing a notice of the 408

patent on all rotary cutting tools it manufactures that embody the patented invention, and has given Harvey Tool written notice of the infringement (Exhibit C).

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14.

Despite SGSs placement of notice on its products and express written notice to

Harvey Tool, Harvey Tool continues to sell rotary cutting tools embodying the invention claimed in the 408 patent, and, therefore, has willfully infringed the 408 patent. COUNT II INFRINGEMENT OF THE 597 PATENT 15. Harvey Tool has infringed and is still infringing the 597 patent by making,

selling, and using rotary cutting tools that embody the patented invention and Harvey Tool will continue to do so unless enjoined by this Court. 16. SGS has complied with the statutory requirement of placing a notice of the 597

patent on all rotary cutting tools it manufactures and sells that embody the patented invention, including but not limited to the tool identified as Harvey Tool 46916-C6 on Harvey Tools website www.harveytool.com (relevant portion below), and has given Harvey Tool written notice of the infringement (Exhibit C).

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17.

Despite SGSs placement of notice on its products and express written notice to

Harvey Tool, Harvey Tool continues to sell rotary cutting tools embodying the invention claimed in the 597 patent, and, therefore, has willfully infringed the 597 patent. 18. As a direct and proximate result of the infringement identified in Counts I and II

of this Complaint, SGS has suffered and continues to suffer damages. 19. On information and belief, Harvey Tools willful infringement makes this case

exceptional within the meaning of 35 U.S.C. 285. 20. If Harvey Tool is permitted to continue its infringement of SGSs patent rights,

SGS will be irreparably harmed. THEREFORE, SGS respectfully demands: a. b. c. d. e. f. a preliminary and final injunction against the continuing infringement; an accounting for damages; interests and costs; an award of treble damages for Harvey Tools willful infringement; an award of attorneys fees to the extent permitted under 35 U.S.C. 285; and such other and further legal and equitable relief as the Court deems appropriate. PLAINTIFF CLAIMS TRIAL BY JURY Respectfully submitted, SGS TOOL COMPANY, INC. By its attorneys, Dated: February 7, 2012 /s/ Katherine Y. Fergus Katherine Y. Fergus, BBO# 637989 DUANE MORRIS LLP 100 High Street, Suite 2400 Boston, MA 02210 Telephone: (857) 488-4200 Facsimile: (857) 488-4201

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kyfergus@duanemorris.com OF COUNSEL: Shannon McCue R. Eric Gaum Mark A. Watkins HAHN LOESER & PARKS LLP 200 Public Square, Suite 2800 Cleveland, Ohio 44114 Telephone: (216) 621-0150 Facsimile: (216) 241-2824 smccue@hahnlaw.com regaum@hahnlaw.com mawatkins@hahnlaw.com

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