Case: 2:03-cv-00269-DLB-JGW Doc #: 1 Filed: 12/12/03 Page: 1 of 7 - Page ID#: 1

IN THE DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY COVINGTON DIVISION

GOLD MEDAL PRODUCTS, INC. ) 10700 Medallion Drive ) Cincinnati, 45241 ) CaseNo. ~~~3-~~~

Plaintiff, vs . ) C. CRETORS & COMPANY 1 3243 N. California Avenue 1 , 60618 1 1 Defendant. 1 1

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff Gold Medal Products, Inc. (hereinafter "Gold Medal"), complains against the Defendant C. Cretors & Company (hereinafter "Cretors") as follows:

NATURE OF THE ACTION

1. This is an action for patent infi-ingement arising under the Patent Laws of the United States, Title 35, United States Code. Federal question jurisdiction is conferred pursuant to 28 U.S.C. $4 1331 and 1338(a).

THE PARTIES

2. Gold Medal is an Ohio corporation having its principal place of business at 10700 Medallion Drive, Cincinnati, Ohio 45241.

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3. On information and belief, Cretors is an Illinois corporation having a place of business at 3243 N. California Avenue, Chicago, Illinois 60618.

BACKGROUND FACTS

4. Gold Medal markets machines used for popping popcorn throughout the United States, as well as internationally. Gold Medal's popcorn machines allow customers to consistently and efficiently prepare quality popcorn for a wide range of applications, including home theaters, business offices, schools, sports bars, fun centers and sports arenas.

Gold Medal's popcorn machines are of the highest quality and incorporate the latest technology to ensure consistent, high-quality popcorn, and profits related thereto.

5. Some of the technology used by Gold Medal, among other things, is disclosed and claimed in U. S. Patent Nos. 5,743,172 ("the '172 patent"), 5,871,792 ("the '792 patent"), 6,000,318 ("the '318 patent"), 6,092, 458 ("the '458 patent"), 6,412,395 ("the '395 patent"), and 6,534,103 ("the '103 patent") (collectively, "the patents in suit"). Copies of the patents in suit are attached hereto as Exhibits 1-6, respectively.

6. Gold Medal is the owner by assignment of the patents in suit.

7. On information and belief, Cretors has manufactured and sold, and is currently manufacturing and offering for sale, popcorn machines, including popcorn machines manufactured and sold with Cretors' Logic Option (collectively, "Cretors' popcorn machines.")

Count I - Infringement of U.S. Letters Patent No. 5.743.172

8. The allegations of paragraphs 1-7 are incorporated herein by reference as though fdly set forth herein.

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9. On information and belief, Cretors has infringed and continues to infringe one or more claims of the '172 patent by its manufacture, use, offer for sale, sale and/or importation into the United States of Cretors' popcorn machines.

10. On information and belief, the acts of infringement complained of herein are being carried out willfully and with full knowledge by Cretors of the '172 patent.

11. As a result of Cretors' actions, Gold Medal has suffered and continues to suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infringement by Cretors, unless Cretors is enjoined by this Court.

Count I1 - Infrinpement of U.S. Letters Patent No. 5,871.792

12. The allegations of paragraphs 1-11 are incorporated herein by reference as though fully set forth herein.

13. On information and belief, Cretors has infringed and continues to infringe, and has and continues to actively induce infringement of, one or more claims of the '792 patent by its manufacture, use, offer for sale, sale andor importation into the United States of Cretors' popcorn machines.

14. On information and belief, the acts of infringement complained of herein are being carried out willfully and with full knowledge by Cretors of the '792 patent.

15. As a result of Cretors' actions, Gold Medal has suffered and continues to suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infingement by Cretors, unless Cretors is enjoined by this Court.

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Count I11 - Infringement of U.S. Letters Patent No. 6,000.318

16. The allegations of paragraphs 1-15 are incorporated herein by reference as though fully set forth herein.

17. On information and belief, Cretors has infringed and continues to infinge one or more claims of the '3 18 patent by its manufacture, use, offer for sale, sale andor importation into the United States of Cretors' popcorn machines.

18. On information and belief, the acts of infringement complained of herein are being carried out willfully and with full knowledge by Cretors of the '3 18 patent.

19. As a result of Cretors' actions, Gold Medal has suffered and continues to suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infringement by Cretors, unless Cretors is enjoined by this Court.

Count IV - Infringement of U.S. Letters Patent No. 6,092,458

20. The allegations of paragraphs 1-19 are incorporated herein by reference as though fully set forth herein.

2 1. On information and belief, Cretors has infringed and continues to infringe one or more claims of the '458 patent by its manufacture, use, offer for sale, sale and/or importation into the United States of Cretors' popcorn machines.

22. On information and belief, the acts of infringement complained of herein are being carried out willfully and with full knowledge by Cretors of the '458 patent.

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23. As a result of Cretors' actions, Gold Medal has suffered and continues to suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infiingement by Cretors, unless Cretors is enjoined by this Court.

Count V - Infringement of U.S. Letters Patent No. 6,412,395

24. The allegations of paragraphs 1-23 are incorporated herein by reference as though fully set forth herein.

25. On information and belief, Cretors has infringed and continues to infringe one or more claims of the '395 patent by its manufacture, use, offer for sale, sale and/or importation into the United States of Cretors' popcorn machines.

26. On information and belief, the acts of infiingement complained of herein are being carried out willfully and with full knowledge by Cretors of the '395 patent.

27. As a result of Cretors' actions, Gold Medal has suffered and continues to suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infringement by Cretors, unless Cretors is enjoined by this Court.

Count VI - Infringement of U.S. Letters Patent No. 6,534.103

28. The allegations of paragraphs 1-27 are incorporated herein by reference as though fully set forth herein.

29. On information and belief, Cretors has infringed and continues to infringe one or more claims of the '103 patent by its manufacture, use, offer for sale, sale and/or

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importation into the United States of Cretors' popcorn machines.

30. On information and belief, the acts of infringement complained of herein are being carried out willfully and with full knowledge by Cretors of the '103 patent.

3 1. As a result of Cretors' actions, Gold Medal has suffered and continues to suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infringement by Cretors, unless Cretors is enjoined by this Court.

WHEREFORE, Gold Medal Products, Inc., prays for relief against C. Cretors &

Company as follows:

A. That a judgment be entered that C. Cretors & Company has infringed and has induced infringement of the patents in suit;

B. That C. Cretors & Company, its agents, sales representatives, servants and employees, associates, attorneys, parents, successors and assigns, and any and all persons or entities acting at, through, under or in active concert or participation with any or all of them, be enjoined and restrained preliminarily during the pendency of this action and thereafter permanently, from infringing and inducing infringement of the patents in suit;

C. That a judgment be entered that C. Cretors & Company be required to pay over to Gold Medal Products, Inc., all damages sustained by Gold Medal Products, Inc., due to such patent infringement and that such damages be trebled pursuant to 35 U.S.C. 9 284 for the willful acts of infringement complained of herein;

D. That this case be adjudged and decreed exceptional under 35 U.S.C. 0 285

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entitling Gold Medal Products, Inc. to an award of its reasonable attorney fees and that such reasonable attorney fees be awarded;

E. That Gold Medal Products, Inc., be awarded its costs and prejudgment interest on all damages; and

F. That Gold Medal Products, Inc., be awarded such other and fixther relief as the Court deems just and proper.

JURY DEMAND

Plaintiff Gold Medal Products, Inc., hereby demands and requests trial by jury of all issues raised that are triable by jury.

Respectfully submitted,

GOLD MEDAL PRODUCTS, INC.

*&A= David S. Stall& (Ky. Reg. No. 67065) Gregory F. hens (Ohio Reg. No. 0038627) Brett A. Schatz (Ky. Reg. No. 88610) Trial Attorneys WOOD, HERRON & EVANS, L.L.P. 2700 Carew Tower, 441 Vine Street Cincinnati, Ohio 45202 5131241-2324 Attorneys for Gold Medal Products, Inc.

K\GME\I SO\Complamt.dm

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