Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 1 of 50 PageID #: 98

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

HANESBRANDS INC.,

Plaintiff,

C.A. No. 1:17-595-LPS-CJB v.

JURY TRIAL DEMANDED JACQUES MORET, INC.,

Defendant.

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND ANSWER TO DEFENDANT’S AMENDED COUNTERCLAIMS

Plaintiff Inc. (“Hanesbrands”) for its Complaint against Jacques Moret, Inc.

(“Jacques Moret”), and its answer to Defendant Jacques Moret’s Amended Counterclaims, states

as follows:

The Nature of the Action

1. This is an action for infringement of United States Patent Nos. 6,125,664;

6,685,534; 7,163,432; 6,790,122; and 7,169,011 (collectively, “the Asserted Patents”) under 35

U.S.C. § 271.

The Parties

2. Hanesbrands is a Maryland corporation, with a principal place of business at 1000

East Mill Road, Winston-Salem, North Carolina 27105.

3. On information and belief, Jacques Moret is a Delaware corporation, with a

principal place of business at 1411 Broadway, 8th Floor, New York, NY 10018. Service upon

Jacques Moret may be made by serving its registered agent for service of process, The

Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801. Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 2 of 50 PageID #: 99

4. On information and belief, Jacques Moret is in the business of selling basic and

fashion apparel for men, women and children, and derives revenue from sales and distribution of

the products at issue in the District.

Jurisdiction and Venue

5. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).

6. This Court has personal jurisdiction over defendant Jacques Moret. On information and belief, Jacques Moret is incorporated in Delaware, regularly does or solicits business in this jurisdiction (either through stores or its interactive website), engages in other persistent courses of conduct in this jurisdiction, and/or derives substantial revenue from goods and services provided to persons or entities in this jurisdiction.

7. In addition, the Court has personal jurisdiction over Jacques Moret because it has established minimum contacts with the forum and the exercise of jurisdiction over Jacques Moret would not offend traditional notions of fair play and substantial justice. In accordance with established distribution channels for the Accused Products, Jacques Moret reasonably anticipated that the Accused Products would end up in this District and be sold herein.

8. Venue in this jurisdiction is proper under 28 U.S.C. § 1400(b) and the United

States Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137

S. Ct. 1514 (May 22, 2017).

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Background

9. Hanesbrands is one of the world's leading providers of branded apparel products

such as T-shirts, , , men’s underwear, , , casualwear, shapewear and

active wear.

10. George Alexander Graham Browder, Jr. filed an application for a patent on his

invention for a formed from an integral circular blank, including a torso part with an inner

layer and an outer layer, seamlessly joined to a turned welt, and was granted U.S. Patent No.

6,125,664 (the ’664 Patent) on October 3, 2000, which was ultimately assigned to Hanesbrands.

11. John Mitchell and Sandra Ann Waitz filed an application for a patent on their

invention for a circular knit bra, including a stabilizing area knitted into the breast cups and

adjacent the bottom edges of the breast cups and a stabilizing area in the central gore between the

breast cups, and was granted U.S. Patent No. 6,685,534 (the ’534 Patent) on February 3, 2004,

which was ultimately assigned to Hanesbrands.

12. John Mitchell and Sandra Ann Waitz filed an application for a patent on their

invention for a circular knit bra, including a knitted stabilizing area adjacent to the bottom edge

of each breast cup and a stabilizing area in the central gore between the breast cups, and was

granted U.S. Patent No. 7,163,432 (the ’432 Patent) on January 16, 2007, which was ultimately

assigned to Hanesbrands.

13. John Mitchell and Sandra Ann Waitz filed an application for a patent on their

invention for a circular knit bra having different areas of stretchability, and was granted U.S.

Patent No. 6,790,122 (the ’122 Patent) on September 14, 2004, which was ultimately assigned to

Hanesbrands.

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14. John Mitchell and Sandra Ann Waitz filed an application for a patent on their

invention for a circular knit bra having different areas of stretchability, and was granted U.S.

Patent No. 7,169,011 (the ’011 Patent) on January 30, 2007, which was ultimately assigned to

Hanesbrands.

15. A Registered Identification Number (hereafter, "RN") is a number issued by the

Federal Trade Commission to U.S. businesses that manufacture, import, distribute, or sell

products covered by the Textile Fiber Products Identification Act, 15 U.S.C. § 70, et seq.

16. A business is required to label covered products to identify the business

responsible for marketing the products in the United States or the manufacturer. A business can

include its RN on product labels instead of the company name. The RN for a business may be

found on the Federal Trade Commission's RN Database.

17. The RN for Jacques Moret is RN 50369.

18. RN 50369 is exclusively associated with bra styles manufactured by or for

Jacques Moret.

19. On information and belief, RN 50369 is the only RN associated with bra styles

manufactured by or for Jacques Moret.

20. “RN 50369” is equivalent to “RN #50369” and equivalent to “RN# 50369” and

equivalent to “RN#50369” and equivalent to “RN50369”.

21. On information and belief, Jacques Moret has made in, had made in, sold in,

offered for sale in, imported into, and/or used in the United States bra styles associated with RN

50369.

22. The bra styles identified in this Complaint (hereafter, "the Accused Products") are

sold with a tag or label indicating RN 50369.

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23. On information and belief, Jacques Moret made the Accused Products.

24. On information and belief, Jacques Moret has sold the Accused Products.

25. On information and belief, Jacques Moret has offered to sell the Accused

Products.

26. On information and belief, employees of Jacques Moret have worn at least some

of the bras identified as Accused Products at the direction and control of Jacques Moret.

COUNT I

Infringement of U.S. Patent No. 6,125,664 Pursuant to 35 U.S.C. § 271

27. Hanesbrands repeats and realleges paragraphs 1-26 as if fully set forth herein.

28. A true and correct copy of the ’664 Patent is attached as Exhibit A.

29. Hanesbrands is the owner of the entire right, title and interest in the ’664 Patent,

including the right to exclude Jacques Moret and to enforce, sue and recover damages for past

and future infringement against Jacques Moret.

30. The ’664 Patent is valid, enforceable, and was duly issued on October 3, 2000, in

full compliance with Title 35 of the United States Code.

31. On information and belief, Jacques Moret currently sells Jockey® brand bras

under license from , Inc.

32. On information and belief, Jacques Moret has made in, had made in, sold in,

offered for sale in, imported into, and/or used in the United States its Jockey® brand bra styles

JK-8791/333 and JK-8973.

33. On information and belief, Jacques Moret is continuing to make in, have made in,

sell in, offer for sale in, import into, and/or use in the United States its Jockey® brand bra styles

JK-8791/333 and JK-8973.

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34. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’664 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Jockey® brand bra styles JK-8791/333 and JK-8973, which are covered by

one or more claims of the ’664 Patent.

35. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’664 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Danskin® brand bra styles 17DB508801LEC02011 (Style 5088),

17DN444801LEC00115 (Style 4448), and 17DN484701SEC42812 (Style 4847), which are

covered by one or more claims of the ’664 Patent.

36. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’664 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Jockey® brand bra styles JK-2061 (921100), JK-2064 (932500), JK-2065,

JK-2066, JK-2067, JK-8506 (699700), JK-8791/333, and JK-8973 which are covered by one or

more claims of the ’664 Patent.

37. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’664 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

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sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Moret Ultra® brand bra styles 116869B008BMO, 1169230011BMO,

1171080011BMO, 1172430011BMO, and 1173060011BMO, which are covered by one or more

claims of the ’664 Patent.

38. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’664 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra styles 1847300024B, 1847310024B, 1847330008BBC,

1847930024B, 1863310001SAZ, 1863330001LAZ, 1863340001LAZ, 1865790001MAZ,

186636B001SAZ, 1866370001MAZ, 186644B001LAZ, 186869B001MAZ, 1869230001MAZ,

1869240001MAZ, 1871080001MAZ, 1872430001MAZ, 1873070001MAZ, and B01530U966,

which are covered by one or more claims of the ’664 Patent.

39. For example, Jacques Moret directly infringes at least Claim 1 of the ’664 Patent.

40. Claim 1 of the ‘664 Patent recites a brassiere formed from an integral circular

blank comprising: a turned welt having a torso encircling shape; and a torso part having an outer

fabric and an inner fabric, said outer fabric and said inner fabric each having a torso encircling

shape and a lower edge that is seamlessly joined to said turned welt, said outer fabric being

formed with one or more types of yarn, using one or more knit stitches, said inner fabric having

one or more knit stitches, and being formed with a yarn selected for softness, and wicking of

moisture, wherein said outer fabric and said inner fabric form a double layer that provides

strength and comfort to the brassiere.

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41. As claimed in Claim 1 of the ’664 Patent, Jacques Moret’s Jockey® brand bra

style JK-8791/333 (pictured below) includes a brassiere, formed from an integral circular blank,

with a knit body having a turned welt forming a torso band having a torso encircling shape, and

an inner fabric layer and an outer fabric layer extending continuously from the turned welt to

form a body portion. The outer fabric layer and the inner fabric layer of bra style JK-8791/333

each have a torso encircling shape and a lower edge that is seamlessly joined to the turned welt.

The outer fabric layer and the inner fabric layer form a double layer.

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Seamless knit between welt and fabric

Turned welt at bottom edge

42. Jacques Moret’s Jockey® brand bra style JK-8791/333 is a brassiere formed from

an integral circular blank.

43. Jacques Moret’s Jockey® brand bra style JK-8791/333 is a brassiere having with

a knit body having a turned welt forming a torso band having a torso encircling shape.

44. Jacques Moret’s Jockey® brand bra style JK-8791/333 is a brassiere having an

inner fabric layer and an outer fabric layer extending continuously from the turned welt to form a

body portion.

45. The outer fabric layer and the inner fabric layer of Jacques Moret’s Jockey®

brand bra style JK-8791/333 each have a torso encircling shape.

46. The outer fabric layer and the inner fabric layer of Jacques Moret’s Jockey®

brand bra style JK-8791/333 each have a lower edge that is seamlessly joined to the turned welt.

47. Claim 2 of the ’664 Patent recites the brassiere according to claim 1, wherein said

outer fabric includes a nylon ground yarn.

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48. Claim 3 of the ’664 Patent recites the brassiere according to claim 2, wherein said

outer fabric further includes an elastomeric yarn.

49. The outer fabric layer of Jacques Moret’s Jockey® brand bra style JK-8791/333

(pictured below) also includes a nylon ground yarn and further includes an elastomeric yarn.

50. Claim 6 of the ’664 Patent recites the brassiere according to Claim 1, wherein said

one or more knit stitches of said outer fabric is selected from the group consisting of plain, tuck,

and float.

51. The outer fabric layer of Jacques Moret’s Jockey® brand bra style JK-8791/333

also includes one or more knit stitches including plain, tuck, or float knit stitches.

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52. Claim 10 of the ’664 Patent recites the brassiere according to Claim 1, wherein

said turned welt is formed, at least in part, with elastomeric yarn. Claim 12 of the ’664 Patent

recites the brassiere according to Claim 10, wherein said elastomeric yarn is spandex.

53. The turned welt of Jacques Moret’s Jockey® brand bra style JK-8791/333 is also

formed at least in part with elastomeric yarn, in particular, with spandex.

54. As claimed in Claim 1 of the ’664 Patent, Jacques Moret’s Jockey® brand bra

style JK-8973 includes a brassiere, formed from an integral circular blank, with a knit body

having a turned welt forming a torso band having a torso encircling shape, and an inner fabric

layer and an outer fabric layer extending continuously from the turned welt to form a body

portion. The outer fabric layer and the inner fabric layer of bra style JK-8973 each have a torso

encircling shape and a lower edge that is seamlessly joined to the turned welt. The outer fabric

layer and the inner fabric layer form a double layer.

55. Jacques Moret’s Jockey® brand bra style JK-8973 is a brassiere formed from an

integral circular blank.

56. Jacques Moret’s Jockey® brand bra style JK-8973 is a brassiere having with a

knit body having a turned welt forming a torso band having a torso encircling shape.

57. Jacques Moret’s Jockey® brand bra style JK-8973 is a brassiere having an inner

fabric layer and an outer fabric layer extending continuously from the turned welt to form a body

portion.

58. The outer fabric layer and the inner fabric layer of Jacques Moret’s Jockey®

brand bra style JK-8973 each have a torso encircling shape.

59. The outer fabric layer and the inner fabric layer of Jacques Moret’s Jockey®

brand bra style JK-8973 each have a lower edge that is seamlessly joined to the turned welt.

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60. The outer fabric layer of Jacques Moret’s Jockey® brand bra style JK-8973 also

includes a nylon ground yarn, and further includes an elastomeric yarn.

61. Jacques Moret has actual knowledge of the ’664 Patent.

62. Jacques Moret had actual knowledge of the ’664 Patent since before the filing of

Hanesbrands’ Original Complaint for infringement.

63. Jacques Moret has had actual knowledge of the ’664 Patent since at least its

receipt of Hanesbrands’ correspondence to Jockey International, Inc. asserting that the Jockey®

brand bra style JK-8791/333 is covered by one or more claims of the ’664 patent which, on

information and belief, occurred on or before March 28, 2017. Jacques Moret has nonetheless

continued infringing one or more claims of the ’664 Patent.

64. On information and belief, Jacques Moret acted with full knowledge of the ’664

Patent and without a reasonable basis for believing that it would not be liable for actively

inducing the infringement of the ’664 Patent. At minimum, Jacques Moret was and continues to

be willfully blind to the existence of the ’664 Patent and continues to make, sell, offer for sale,

import into the United States, use, and direct others to use its infringing bra styles in infringing

manners.

65. On information and belief, Jacques Moret takes active steps to induce

infringement by others, including one or more of distributors, retailers, customers, and wearers

of the bras, of one or more claims of the ’664 Patent in violation of 35 U.S.C. § 271(b), including

customers that purchase Jacques Moret’s Jockey brand bras.

66. Such active steps by Jacques Moret include, but are not limited to encouraging,

advertising (including by internet websites), promoting, and instructing others, including

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customers and/or wearers, to use and/or how to use its bras. For example, Jacques Moret

advertises and encourages the use of its Jockey® brand bra styles: https://www.moret.com/jockey.

67. On information and belief, Jacques Moret knows or should know that such

activities induce others to directly infringe one or more claims of the ’664 Patent by using its

bras. For example, Jacques Moret knew or was willfully blind that its actions induced others,

including one or more of distributors, retailers, customers, and/or wearers of the bras, to directly

infringe the ’664 Patent as of at least the filing of Hanesbrands’ Original Complaint.

68. By way of at least the filing of Hanesbrands’ Original Complaint, Jacques Moret

has known of the ’664 Patent and knows, or is willfully blind to the fact, that its acts induce the

direct infringement of one or more claims of the ’664 Patent by others, including one or more of

distributors, retailers, customers, and/or wearers of the bras.

69. Jacques Moret has engaged in egregious infringing behavior with knowledge of

the ’664 Patent, which has been duly issued by the United States Patent and Trademark Office,

and is presumed valid. On information and belief, Jacques Moret has known or should have

known that its actions constituted and continue to constitute infringement of the ’664 Patent and

that the ’664 Patent is valid at least as of the date Jacques Moret was served with or otherwise

notified of Hanesbrands’ Original Complaint. Jacques Moret could not reasonably, subjectively

believe that its actions do not constitute infringement of the ’664 Patent, nor could it reasonably,

subjectively believe that the ’664 Patent is invalid. Despite that knowledge and subjective belief,

and the objectively high likelihood that its actions constitute infringement, Jacques Moret has

continued its infringing activities. As such, Jacques Moret willfully infringes the ’664 Patent.

70. By its actions, Jacques Moret has injured Hanesbrands and is liable to

Hanesbrands for infringement of the ’664 Patent pursuant to 35 U.S.C. § 271.

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71. By its actions, Jacques Moret’s infringement of the ’664 Patent has irreparably

injured Hanesbrands. Unless such infringing acts are enjoined by this Court, Hanesbrands will

continue to suffer additional irreparable injury.

72. By its actions, Jacques Moret’s infringement of the ’664 Patent has damaged, and

continues to damage, Hanesbrands in an amount yet to be determined, of at least a reasonable

royalty and/or lost profits that Hanesbrands would have made but for Jacques Moret’s infringing

acts.

COUNT II

Infringement of U.S. Patent No. 6,685,534 Pursuant to 35 U.S.C. § 271

73. Hanesbrands repeats and realleges paragraphs 1-26 as if fully set forth herein.

74. A true and correct copy of the ’534 Patent is attached as Exhibit B.

75. Hanesbrands is the owner of the entire right, title and interest in the ’534 Patent,

including the right to exclude Jacques Moret and to enforce, sue and recover damages for past

and future infringement against Jacques Moret.

76. The ’534 Patent is valid, enforceable, and was duly issued on February 3, 2004, in

full compliance with Title 35 of the United States Code.

77. On information and belief, Jacques Moret currently sells Spalding® brand bras

under license from Spalding, or an affiliate of Spalding.

78. On information and belief, Jacques Moret has made in, had made in, sold in,

offered for sale in, imported into, and/or used in the United States its Spalding® brand bra style

186869B001MAZ.

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79. On information and belief, Jacques Moret is continuing to make in, have made in,

sell in, offer for sale in, import into, and/or use in the United States its Spalding® brand bra style

186869B001MAZ.

80. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’534 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra style 186869B001MAZ, which is covered by one or

more claims of the ’534 Patent.

81. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’534 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Danskin® brand bra styles 17DB508801LEC02011 (Style 5088),

17DN444801LEC00115 (Style 4448), and 17DN484701SEC42812 (Style 4847), which are

covered by one or more claims of the ’534 Patent.

82. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’534 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Jockey® brand bra styles JK-2061 (921100), JK-2064 (932500), JK-2065,

JK-2066, JK-2067, JK-8105, JK-8506 (699700), and JK-8791/333, which are covered by one or

more claims of the ’534 Patent.

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83. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’534 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Moret Ultra® brand bra styles 116869B008BMO, 1169230011BMO,

1171080011BMO, 1172430011BMO, 1172610011BMO, 1173060011BMO, which are covered

by one or more claims of the ’534 Patent.

84. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’534 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra styles 186869B001MAZ, 1847300024B,

1847310024B, 1847330008BBC, 1847930024B, 1847950024B, 1863310001SAZ,

1863340001LAZ, 1865790001MAZ, 186636B001SAZ, 1866370001MAZ, 186644B001LAZ,

1869230001MAZ, 1869240001MAZ, 1871080001MAZ, 1872430001MAZ, 1872610002MAZ,

1873070001MAZ, B01530U966, which are covered by one or more claims of the ’534 Patent.

85. For example, Jacques Moret directly infringes at least Claim 1 of the ’534 Patent.

86. Claim 1 of the ’534 Patent recites a circular knit bra comprising: a pair of breast

cups, each of said pair of breast cups having a bottom edge, each of said pair of breast cups

having a stabilizing are knitted into each of said pair of breast cups and adjacent to each of said

bottom edges; a central gore being disposed between said pair of breast cups, wherein said

central gore has a stabilizing area therein; and a pair of side panels, each of said pair of side

panels being adjacent to a different one of said pair of breast cups.

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87. As claimed in Claim 1 of the ’534 Patent, Jacques Moret’s Spalding® brand bra

style 186869B001MAZ (pictured below) includes a circular knit bra with a pair of breast cups,

each of the breast cups having a bottom edge and a stabilizing area knitted into each of the breast

cups adjacent to each of the bottom edges, and a central gore with a stabilizing area. Bra style

186869B001MAZ also has a pair of side panels, each side panel being adjacent a different breast

cup.

Front view

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Inside‐out Front view

Magnified Inside‐out Front view Stabilizing area at central gore Stabilizing area adjacent bottom edge of breast cups

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88. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a circular knit

bra.

89. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having a

pair of breast cups, each of the breast cups having a bottom edge, and each of the breast cups

having a stabilizing area knitted into each of the pair of breast cups and adjacent to each of the

bottom edges.

90. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having a

central gore disposed between the pair of breast cups, where the central gore has a stabilizing

area therein.

91. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having a

pair of side panels, where each of the side panels are adjacent to a different one of the breast

cups.

92. Jacques Moret has actual knowledge of the ’534 Patent.

93. On information and belief, Jacques Moret had actual knowledge of the ’534

Patent since before Jacques Moret’s receipt of correspondence from Hanesbrands’ counsel to

Jacques Moret’s counsel emailed August 17, 2017.

94. On information and belief, Jacques Moret acted with full knowledge of the ’534

Patent and without a reasonable basis for believing that it would not be liable for actively

inducing the infringement of the ’534 Patent. At minimum, Jacques Moret was and continues to

be willfully blind to the existence of the ’534 Patent and continues to make, sell, offer for sale,

import into the United States, use, and direct others to use its infringing bra styles in infringing

manners. On information and belief, multiple Hanesbrands bra styles were marked with the ’534

patent over multiple years.

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95. On information and belief, Jacques Moret takes active steps to induce

infringement by others, including one or more of distributors, retailers, customers, and wearers

of the bras, of one or more claims of the ’534 Patent in violation of 35 U.S.C. § 271(b), including

customers that purchase Jacques Moret’s Spalding brand bra style 186869B001MAZ.

96. Such active steps by Jacques Moret include, but are not limited to encouraging,

advertising (including by internet websites), promoting, and instructing others, including

customers and/or wearers, to use and/or how to use its bras. For example, Jacques Moret

advertises and encourages the use of its Spalding® brand bra styles:

https://www.moret.com/spalding.

97. On information and belief, Jacques Moret knows or should know that such

activities induce others to directly infringe one or more claims of the ’534 Patent by using its

bras. For example, Jacques Moret knew or was willfully blind that its actions induced others,

including one or more of distributors, retailers, customers, and/or wearers of the bras, to directly

infringe the ’534 Patent by using, selling, and/or offering for sale one or more of the Accused

Products as of at least its receipt of correspondence from Hanesbrands’ counsel to Jacques

Moret’s counsel emailed August 17, 2017.

98. By way of at least Jacques Moret’s receipt of correspondence from Hanesbrands’

counsel to Jacques Moret’s counsel emailed August 17, 2017, Jacques Moret has known of the

’534 Patent and knows, or is willfully blind to the fact, that its acts induce the direct infringement

of one or more claims of the ’534 Patent by others, including one or more of distributors,

retailers, customers, and/or wearers of the bras.

99. Jacques Moret has engaged in egregious infringing behavior with knowledge of

the ’534 Patent, which has been duly issued by the United States Patent and Trademark Office,

20 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 21 of 50 PageID #: 118

and is presumed valid. On information and belief, Jacques Moret has known or should have

known that its actions constituted and continue to constitute infringement of the ’534 Patent and

that the ’534 Patent is valid at least as of Jacques Moret’s receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017. Jacques Moret

could not reasonably, subjectively believe that its actions do not constitute infringement of the

’534 Patent, nor could it reasonably, subjectively believe that the ’534 Patent is invalid. Despite

that knowledge and subjective belief, and the objectively high likelihood that its actions

constitute infringement, Jacques Moret has continued its infringing activities. As such, Jacques

Moret willfully infringes the ’534 Patent.

100. By its actions, Jacques Moret has injured Hanesbrands and is liable to

Hanesbrands for infringement of the ’534 Patent pursuant to 35 U.S.C. § 271.

101. By its actions, Jacques Moret’s infringement of the ’534 Patent has irreparably

injured Hanesbrands. Unless such infringing acts are enjoined by this Court, Hanesbrands will

continue to suffer additional irreparable injury.

102. By its actions, Jacques Moret’s infringement of the ’534 Patent has damaged, and

continues to damage, Hanesbrands in an amount yet to be determined, of at least a reasonable

royalty and/or lost profits that Hanesbrands would have made but for Jacques Moret’s infringing

acts.

COUNT III

Infringement of U.S. Patent No. 7,163,432 Pursuant to 35 U.S.C. § 271

103. Hanesbrands repeats and realleges paragraphs 1-26 as if fully set forth herein.

104. A true and correct copy of the ’432 Patent is attached as Exhibit C.

21 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 22 of 50 PageID #: 119

105. Hanesbrands is the owner of the entire right, title and interest in the ’432 Patent,

including the right to exclude Jacques Moret and to enforce, sue and recover damages for past

and future infringement against Jacques Moret.

106. The ’432 Patent is valid, enforceable, and was duly issued on February 3, 2004, in

full compliance with Title 35 of the United States Code.

107. On information and belief, Jacques Moret currently sells Spalding® brand bras

under license from Spalding, or an affiliate of Spalding.

108. On information and belief, Jacques Moret has made in, had made in, sold in,

offered for sale in, imported into, and/or used in the United States its Spalding® brand bra style

186869B001MAZ.

109. On information and belief, Jacques Moret is continuing to make in, have made in,

sell in, offer for sale in, import into, and/or use in the United States its Spalding® brand bra style

186869B001MAZ.

110. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’432 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra style 186869B001MAZ, which is covered by one or

more claims of the ’432 Patent.

111. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’432 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

22 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 23 of 50 PageID #: 120

including at least its Danskin® brand bra styles 17DB508801LEC02011 (Style 5088),

17DN444801LEC00115 (Style 4448), and 17DN484701SEC42812 (Style 4847), which are

covered by one or more claims of the ’432 Patent.

112. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’432 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Jockey® brand bra styles JK-2061 (921100), JK-2064 (932500), JK-2065,

JK-2066, JK-2067, JK-8105, JK-8506 (699700), and JK-8791/333, which are covered by one or

more claims of the ’432 Patent.

113. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’432 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Moret Ultra® brand bra styles 116869B008BMO, 1169230011BMO,

1171080011BMO, 1172430011BMO, 1172610011BMO, 1173060011BMO, which are covered

by one or more claims of the ’432 Patent.

114. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’432 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra styles 186869B001MAZ, 1847300024B,

1847310024B, 1847330008BBC, 1847930024B, 1847950024B, 1863310001SAZ,

23 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 24 of 50 PageID #: 121

1863340001LAZ, 1865790001MAZ, 186636B001SAZ, 1866370001MAZ, 186644B001LAZ,

1869230001MAZ, 1869240001MAZ, 1871080001MAZ, 1872430001MAZ, 1872610002MAZ,

1873070001MAZ, B01530U966, which are covered by one or more claims of the ’432 Patent.

115. For example, Jacques Moret directly infringes at least Claim 1 of the ’432 Patent.

116. Claim 1 of the ’432 Patent recites a circular knit bra comprising: a pair of breast

cups, each of said pair of breast cups having a bottom edge and a knitted stabilizing area adjacent

to each said bottom edge; a central gore being disposed between said pair of breast cups, wherein

said central gore has a stabilizing area therein, said central gore being circularly knit; an

anchoring chest band; and a pair of side panels, each of said pair of side panels being adjacent to

a different one of said pair of breast cups, each of said pair of side panels being circularly knit,

wherein each of said pair of breast cups is circularly knit and has a bottom edge and a stabilizing

area adjacent each of said bottom edges being circularly knit.

117. As claimed in Claim 1 of the ’432 Patent, Jacques Moret’s Spalding® brand bra

style 186869B001MAZ (pictured below) includes a circular knit bra with a pair of breast cups,

each of the breast cups having a bottom edge and a knitted stabilizing area adjacent to each of the

bottom edges, and a central gore with a stabilizing area. Bra style 186869B001MAZ also has an

anchoring chest band and a pair of side panels, each side panel being adjacent a different breast

cup.

24 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 25 of 50 PageID #: 122

Front view

Inside‐out Front view

25 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 26 of 50 PageID #: 123

Magnified Inside‐out Front view Stabilizing area at central gore Stabilizing area adjacent bottom edge of breast cups

118. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a circular knit

bra.

119. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having a

pair of breast cups, each of the breast cups having a bottom edge and a knitted stabilizing area

adjacent to each of the bottom edges.

120. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having a

central gore disposed between the pair of breast cups, where the central gore has a stabilizing

area therein.

121. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having an

anchoring chest band.

26 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 27 of 50 PageID #: 124

122. Jacques Moret’s Spalding® brand bra style 186869B001MAZ is a bra having a

pair of side panels, where each of the side panels are adjacent to a different one of the breast

cups, and where the side panels are circularly knit.

123. Jacques Moret has actual knowledge of the ’432 Patent.

124. On information and belief, Jacques Moret had actual knowledge of the ’432

Patent since before Jacques Moret’s receipt of correspondence from Hanesbrands’ counsel to

Jacques Moret’s counsel emailed August 17, 2017.

125. On information and belief, Jacques Moret acted with full knowledge of the ’432

Patent and without a reasonable basis for believing that it would not be liable for actively

inducing the infringement of the ’432 Patent. At minimum, Jacques Moret was and continues to

be willfully blind to the existence of the ’432 Patent and continues to make, sell, offer for sale,

import into the United States, use, and direct others to use its infringing bra styles in infringing

manners.

126. On information and belief, Jacques Moret takes active steps to induce

infringement by others, including one or more of distributors, retailers, customers, and wearers

of the bras, of one or more claims of the ’432 Patent in violation of 35 U.S.C. § 271(b), including

customers that purchase Jacques Moret’s Spalding brand bra style 186869B001MAZ.

127. Such active steps by Jacques Moret include, but are not limited to encouraging,

advertising (including by internet websites), promoting, and instructing others, including

customers and/or wearers, to use and/or how to use its bras. For example, Jacques Moret

advertises and encourages the use of its Spalding® brand bra styles:

https://www.moret.com/spalding.

27 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 28 of 50 PageID #: 125

128. On information and belief, Jacques Moret knows or should know that such

activities induce others to directly infringe one or more claims of the ’432 Patent by selling,

offering for sale, and/or using its bras. For example, Jacques Moret knew or was willfully blind

that its actions induced others, including one or more of distributors, retailers, customers, and/or

wearers of the bras, to directly infringe the ’432 Patent by using, selling, and/or offering for sale

one or more of the Accused Products as of at least its receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017.

129. By way of at least Jacques Moret’s receipt of correspondence from Hanesbrands’

counsel to Jacques Moret’s counsel emailed August 17, 2017, Jacques Moret has known of the

’432 Patent and knows, or is willfully blind to the fact, that its acts induce the direct infringement

of one or more claims of the ’432 Patent by others, including one or more of distributors,

retailers, customers, and/or wearers of the bras.

130. Jacques Moret has engaged in egregious infringing behavior with knowledge of

the ’432 Patent, which has been duly issued by the United States Patent and Trademark Office,

and is presumed valid. On information and belief, Jacques Moret has known or should have

known that its actions constituted and continue to constitute infringement of the ’432 Patent and

that the ’432 Patent is valid at least as of Jacques Moret’s receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017. Jacques Moret

could not reasonably, subjectively believe that its actions do not constitute infringement of the

’432 Patent, nor could it reasonably, subjectively believe that the ’432 Patent is invalid. Despite

that knowledge and subjective belief, and the objectively high likelihood that its actions

constitute infringement, Jacques Moret has continued its infringing activities. As such, Jacques

Moret willfully infringes the ’432 Patent.

28 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 29 of 50 PageID #: 126

131. By its actions, Jacques Moret has injured Hanesbrands and is liable to

Hanesbrands for infringement of the ’432 Patent pursuant to 35 U.S.C. § 271.

132. By its actions, Jacques Moret’s infringement of the ’432 Patent has irreparably

injured Hanesbrands. Unless such infringing acts are enjoined by this Court, Hanesbrands will

continue to suffer additional irreparable injury.

133. By its actions, Jacques Moret’s infringement of the ’432 Patent has damaged, and

continues to damage, Hanesbrands in an amount yet to be determined, of at least a reasonable

royalty and/or lost profits that Hanesbrands would have made but for Jacques Moret’s infringing

acts.

COUNT IV

Infringement of U.S. Patent No. 6,790,122 Pursuant to 35 U.S.C. § 271

134. Hanesbrands repeats and realleges paragraphs 1-26 as if fully set forth herein.

135. A true and correct copy of the ’122 Patent is attached as Exhibit D.

136. Hanesbrands is the owner of the entire right, title and interest in the ’122 Patent,

including the right to exclude Jacques Moret and to enforce, sue and recover damages for past

and future infringement against Jacques Moret.

137. The ’122 Patent is valid, enforceable, and was duly issued on September 14,

2004, in full compliance with Title 35 of the United States Code.

138. On information and belief, Jacques Moret currently sells Moret Ultra® brand bras.

139. On information and belief, Jacques Moret has made in, had made in, sold in,

offered for sale in, imported into, and/or used in the United States its Moret Ultra® brand bra

style 116869B008BMO.

29 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 30 of 50 PageID #: 127

140. On information and belief, Jacques Moret is continuing to make in, have made in,

sell in, offer for sale in, import into, and/or use in the United States its Moret Ultra® brand bra

style 116869B008BMO.

141. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’122 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Moret Ultra® brand bra style 116869B008BMO, which is covered by one or

more claims of the ’122 Patent.

142. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’122 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Danskin® brand bra style 17DN444801LEC00115 (Style 4448), which is

covered by one or more claims of the ’122 Patent.

143. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’122 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Jockey® brand bra styles JK-2064 (932500), JK-2065, JK-2066, JK-2067,

JK-8105, JK-8506 (699700), and JK-8791/333, which are covered by one or more claims of the

’122 Patent.

30 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 31 of 50 PageID #: 128

144. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’122 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Moret Ultra® brand bra styles 116869B008BMO, 1171080011BMO,

1172610011BMO, and 1173060011BMO, which are covered by one or more claims of the ’122

Patent.

145. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’122 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra styles 1847300024B, 1847330008BBC, 1847930024B,

1847950024B, 1863310001SAZ, 1863340001LAZ, 1865790001MAZ, 186636B001SAZ,

1866370001MAZ, 186644B001LAZ, 186869B001MAZ, 1869240001MAZ, 1871080001MAZ,

1872610002MAZ, 1873070001MAZ, and B01530U966, which are covered by one or more

claims of the ’122 Patent.

146. For example, Jacques Moret directly infringes at least Claim 1 of the ’122 Patent.

147. Claim 1 of the ’122 Patent recites a circularly knit brassiere comprising: a body

portion having a center region, said center region having a pair of breast cups, a pair of side

panels, and an area between said pair of breast cups, wherein each of said pair of breast cups is

positioned between the area and a different one of the pair of side panels, wherein said area has a

baseline of stretchability, each of said breast cups has a first degree of stretchability, and each of

said pair of side panels has a second degree of stretchability.

31 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 32 of 50 PageID #: 129

148. As claimed in Claim 1 of the ’122 Patent, Jacques Moret’s Moret Ultra® brand bra

style 116869B008BMO (pictured below) includes an area between a pair of breast cups, the area

having a baseline of stretchability, the breast cups having a first degree of stretchability, and side

panels having a second degree of stretchability.

Front view

32 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 33 of 50 PageID #: 130

Inside‐out Front view

Breast cup with Area between breast cups Magnified first degree of with a baseline of Inside‐out stretchability stretchability Front view

33 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 34 of 50 PageID #: 131

Magnified Inside‐out Side view Breast cup with first degree of stretchability

Side panel with second degree of stretchability

149. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a circular knit

brassiere.

150. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a brassiere

having a body portion that has a center region, the center region having a pair of breast cups, a

pair of side panels, and an area between the pair of breast cups.

151. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a brassiere

having breast cups, where each breast cup is positioned between the area between the breast cups

and a different one of the pair of side panels.

152. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a brassiere

where the area between the pair of breast cups has a baseline of stretchability, each of the breast

34 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 35 of 50 PageID #: 132

cups have a first degree of stretchability, and each of the side panels has a second degree of

stretchability.

153. Jacques Moret has actual knowledge of the ’122 Patent.

154. Jacques Moret had actual knowledge of the ’122 Patent since before Jacques

Moret’s receipt of correspondence from Hanesbrands’ counsel to Jacques Moret’s counsel

emailed August 17, 2017.

155. On information and belief, Jacques Moret acted with full knowledge of the ’122

Patent and without a reasonable basis for believing that it would not be liable for actively

inducing the infringement of the ’122 Patent. At minimum, Jacques Moret was and continues to

be willfully blind to the existence of the ’122 Patent and continues to make, sell, offer for sale,

import into the United States, use, and direct others to use its infringing bra styles in infringing

manners.

156. On information and belief, Jacques Moret takes active steps to induce

infringement by others, including one or more of distributors, retailers, customers, and wearers

of the bras, of one or more claims of the ’122 Patent in violation of 35 U.S.C. § 271(b), including

customers that purchase Jacques Moret’s Moret Ultra bra style 116869B008BMO.

157. Such active steps by Jacques Moret include, but are not limited to encouraging,

advertising (including by internet websites), promoting, and instructing others, including

customers and/or wearers, to use and/or how to use its bras. For example, Jacques Moret

advertises and encourages the use of its Moret Ultra® brand bra styles:

https://www.moret.com/moret-ultra.

158. On information and belief, Jacques Moret knows or should know that such

activities induce others to directly infringe one or more claims of the ’122 Patent by selling,

35 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 36 of 50 PageID #: 133

offering for sale and/or using its bras. For example, Jacques Moret knew of was willfully blind

that its actions induced others, including one or more of distributors, retailers, customers, and/or

wearers of the bras, to directly infringe the ’122 Patent by using, selling, and/or offering for sale

one or more of the Accused Products as of at least its receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017.

159. By way of at least Jacques Moret’s receipt of correspondence from Hanesbrands’

counsel to Jacques Moret’s counsel emailed August 17, 2017, Jacques Moret has known of the

’122 Patent and knows, or is willfully blind to the fact, that its acts induce the direct infringement

of one or more claims of the ’122 Patent by others, including one or more of distributors,

retailers, customers, and/or wearers of the bras.

160. Jacques Moret has engaged in egregious infringing behavior with knowledge of

the ’122 Patent, which has been duly issued by the United States Patent and Trademark Office,

and is presumed valid. On information and belief, Jacques Moret has known or should have

known that its actions constituted and continue to constitute infringement of the ’122 Patent and

that the ’122 Patent is valid at least as of Jacques Moret’s receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017. Jacques Moret

could not reasonably, subjectively believe that its actions do not constitute infringement of the

’122 Patent, nor could it reasonably, subjectively believe that the ’122 Patent is invalid. Despite

that knowledge and subjective belief, and the objectively high likelihood that its actions

constitute infringement, Jacques Moret has continued its infringing activities. As such, Jacques

Moret willfully infringes the ’122 Patent.

161. By its actions, Jacques Moret has injured Hanesbrands and is liable to

Hanesbrands for infringement of the ’122 Patent pursuant to 35 U.S.C. § 271.

36 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 37 of 50 PageID #: 134

162. By its actions, Jacques Moret’s infringement of the ’122 Patent has irreparably

injured Hanesbrands. Unless such infringing acts are enjoined by this Court, Hanesbrands will

continue to suffer additional irreparable injury.

163. By its actions, Jacques Moret’s infringement of the ’122 Patent has damaged, and

continues to damage, Hanesbrands in an amount yet to be determined, of at least a reasonable

royalty and/or lost profits that Hanesbrands would have made but for Jacques Moret’s infringing

acts.

COUNT V

Infringement of U.S. Patent No. 7,169,011 Pursuant to 35 U.S.C. § 271

164. Hanesbrands repeats and realleges paragraphs 1-26 as if fully set forth herein.

165. A true and correct copy of the ’011 Patent is attached as Exhibit E.

166. Hanesbrands is the owner of the entire right, title and interest in the ’011 Patent,

including the right to exclude Jacques Moret and to enforce, sue and recover damages for past

and future infringement against Jacques Moret.

167. The ’011 Patent is valid, enforceable, and was duly issued on January 30, 2007, in

full compliance with Title 35 of the United States Code.

168. On information and belief, Jacques Moret currently sells Moret Ultra® brand bras.

169. On information and belief, Jacques Moret has made in, had made in, sold in,

offered for sale in, imported into, and/or used in the United States its Moret Ultra® brand bra

style 116869B008BMO.

170. On information and belief, Jacques Moret is continuing to make in, have made in,

sell in, offer for sale in, import into, and/or use in the United States its Moret Ultra® brand bra

style 116869B008BMO.

37 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 38 of 50 PageID #: 135

171. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’011 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Moret Ultra® brand bra style 116869B008BMO, which is covered by one or

more claims of the ’011 Patent.

172. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’011 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Danskin® brand bra style 17DN444801LEC00115 (Style 4448), which is

covered by one or more claims of the ’011 Patent.

173. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’011 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Jockey® brand bra styles JK-2064 (932500), JK-2065, JK-2066, JK-2067,

JK-8105, JK-8506 (699700), and JK-8791/333, which are covered by one or more claims of the

’011 Patent.

174. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’011 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

38 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 39 of 50 PageID #: 136

including at least its Moret Ultra® brand bra styles 116869B008BMO, 1171080011BMO,

1172610011BMO, and 1173060011BMO, which are covered by one or more claims of the ’011

Patent.

175. On information and belief, Jacques Moret has been, and now is, directly

infringing the claims of the ’011 Patent in this District and elsewhere in the United States,

without the consent or authorization of Hanesbrands, by or through its making, having made,

sale, offer for sale, importing into, and/or use in the United States of the patented brassiere,

including at least its Spalding® brand bra styles 1847300024B, 1847330008BBC, 1847930024B,

1847950024B, 1863310001SAZ, 1863340001LAZ, 1865790001MAZ, 186636B001SAZ,

1866370001MAZ, 186644B001LAZ, 186869B001MAZ, 1869240001MAZ, 1871080001MAZ,

1872610002MAZ, 1873070001MAZ, and B01530U966, which are covered by one or more

claims of the ’011 Patent.

176. For example, Jacques Moret directly infringes at least Claim 1 of the ’011 Patent.

177. Claim 1 of the ’011 Patent recites a circular knit brassiere comprising: a circularly

knit body portion having a pair of breast cups, an area between said pair of breast cups, and a

pair of side panels, each breast cup being positioned between said area and a different one of said

side panels, wherein said area has a baseline of stretchability, each of said breast cups has a first

degree of stretchability, and each of said side panels has a second degree of stretchability, said

first degree of stretchability being different from said second degree of stretchability.

178. As claimed in Claim 1 of the ’011 Patent, Jacques Moret’s Moret Ultra® brand bra

style 116869B008BMO (pictured below) includes an area between a pair of breast cups, the area

having a baseline of stretchability, the breast cups having a first degree of stretchability, and side

panels having a second degree of stretchability.

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Front view

Inside‐out Front view

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Breast cup with Area between breast cups Magnified first degree of with a baseline of Inside‐out stretchability stretchability Front view

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Magnified Inside‐out Side view Breast cup with first degree of stretchability

Side panel with second degree of stretchability

179. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a circular knit

brassiere.

180. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a brassiere

having a body portion that has a center region, the center region having a pair of breast cups, a

pair of side panels, and an area between the pair of breast cups.

181. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a brassiere

having breast cups, where each breast cup is positioned between the area between the breast cups

and a different one of the pair of side panels.

182. Jacques Moret’s Moret Ultra® brand bra style 116869B008BMO is a brassiere

where the area between the pair of breast cups has a baseline of stretchability, each of the breast

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cups have a first degree of stretchability, and each of the side panels has a second degree of

stretchability.

183. Jacques Moret has actual knowledge of the ’011 Patent.

184. Jacques Moret had actual knowledge of the ’011 Patent since before Jacques

Moret’s receipt of correspondence from Hanesbrands’ counsel to Jacques Moret’s counsel

emailed August 17, 2017.

185. On information and belief, Jacques Moret acted with full knowledge of the ’011

Patent and without a reasonable basis for believing that it would not be liable for actively

inducing the infringement of the ’011 Patent. At minimum, Jacques Moret was and continues to

be willfully blind to the existence of the ’011 Patent and continues to make, sell, offer for sale,

import into the United States, use, and direct others to use its infringing bra styles in infringing

manners.

186. On information and belief, Jacques Moret takes active steps to induce

infringement by others, including one or more of distributors, retailers, customers, and wearers

of the bras, of one or more claims of the ’011 Patent in violation of 35 U.S.C. § 271(b), including

customers that purchase Jacques Moret’s Moret Ultra bra style 116869B008BMO.

187. Such active steps by Jacques Moret include, but are not limited to encouraging,

advertising (including by internet websites), promoting, and instructing others, including

customers and/or wearers, to use and/or how to use its bras. For example, Jacques Moret

advertises and encourages the use of its Moret Ultra® brand bra styles:

https://www.moret.com/moret-ultra.

188. On information and belief, Jacques Moret knows or should know that such

activities induce others to directly infringe one or more claims of the ’011 Patent by selling,

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offering for sale and/or using its bras. For example, Jacques Moret knew or was willfully blind

that its actions induced others, including one or more of distributors, retailers, customers, and/or

wearers of the bras, to directly infringe the ’011 Patent by using, selling, and/or offering for sale

one or more of the Accused Products as of at least its receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017.

189. By way of at least Jacques Moret’s receipt of correspondence from Hanesbrands’

counsel to Jacques Moret’s counsel emailed August 17, 2017, Jacques Moret has known of the

’011 Patent and knows, or is willfully blind to the fact, that its acts induce the direct infringement

of one or more claims of the ’011 Patent by others, including one or more of distributors,

retailers, customers, and/or wearers of the bras.

190. Jacques Moret has engaged in egregious infringing behavior with knowledge of

the ’011 Patent, which has been duly issued by the United States Patent and Trademark Office,

and is presumed valid. On information and belief, Jacques Moret has known or should have

known that its actions constituted and continue to constitute infringement of the ’011 Patent and

that the ’011 Patent is valid at least as of Jacques Moret’s receipt of correspondence from

Hanesbrands’ counsel to Jacques Moret’s counsel emailed August 17, 2017. Jacques Moret

could not reasonably, subjectively believe that its actions do not constitute infringement of the

’011 Patent, nor could it reasonably, subjectively believe that the ’011 Patent is invalid. Despite

that knowledge and subjective belief, and the objectively high likelihood that its actions

constitute infringement, Jacques Moret has continued its infringing activities. As such, Jacques

Moret willfully infringes the ’011 Patent.

191. By its actions, Jacques Moret has injured Hanesbrands and is liable to

Hanesbrands for infringement of the ’011 Patent pursuant to 35 U.S.C. § 271.

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192. By its actions, Jacques Moret’s infringement of the ’011 Patent has irreparably

injured Hanesbrands. Unless such infringing acts are enjoined by this Court, Hanesbrands will

continue to suffer additional irreparable injury.

193. By its actions, Jacques Moret’s infringement of the ’011 Patent has damaged, and

continues to damage, Hanesbrands in an amount yet to be determined, of at least a reasonable

royalty and/or lost profits that Hanesbrands would have made but for Jacques Moret’s infringing

acts.

PRAYER FOR RELIEF

WHEREFORE, Hanesbrands respectfully requests that this Court grant the following

relief:

A. Enter judgment that the Asserted Patents have been infringed by Jacques Moret;

B. Enter judgment that Jacques Moret’s infringement of the Asserted Patents has been willful;

C. Award damages adequate to compensate Hanesbrands for the patent infringement that has occurred, together with pre-judgment interest and costs;

D. Perform an accounting for acts of infringement presented at trial and/or up to the judgment and an award by the Court of additional damage for any such acts of infringement;

E. Enter a preliminary and permanent injunction against Jacques Moret from further infringement, or alternatively, award an ongoing royalty for Jacques Moret’s post-verdict infringement, payable on each product or service offered by Jacques Moret that is found to infringe one or more claims of the Asserted Patents, and on all future products and services that are not colorably different from those found to infringe;

F. Award all other damages permitted by 35 U.S.C. § 284, including increased damages up to three times the amount of compensatory damages found;

G. Find that this is an exceptional case and award Hanesbrands its costs and reasonable attorneys’ fees incurred in this action as provided by 35 U.S.C. § 285; and

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H. Such other relief, including other monetary and equitable relief, as this Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil

Procedure.

HANESBRANDS INC.’S ANSWER TO JACQUES MORET’S AMENDED COUNTERCLAIMS

Plaintiff Hanesbrands Inc. (“Hanesbrands”) files this Answer to Defendant Jacques

Moret, Inc.’s (“Jacques Moret”) Amended Counterclaims. Hanesbrands denies the allegations

and characterizations in Jacques Moret, Inc.’s Counterclaims unless expressly admitted in the

following paragraphs.

THE PARTIES

1. Admitted.

2. Hanesbrands admits that it is a Maryland corporation, with a principal place of

business at 1000 East Hanes Mill Road, Winston-Salem, North Carolina 27105.

3. Hanesbrands admits it is the owner of all rights and interests in the ’664 Patent.

JURISDICTION AND VENUE

4. Hanesbrands admits that Jacques Moret’s Counterclaims arise under the patent

laws of the United States Code, 35 U.S.C. § 1, et seq.

5. Hanesbrands admits that this Court has subject matter jurisdiction over Jacques

Moret’s counterclaims pursuant to 28 U.S.C. §§ 1331 and 1338. Hanesbrands admits that venue

is proper under 28 U.S.C. § 1400(b) and the United States Supreme Court’s decision in TC

Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 137 S. Ct. 1514 (May 22, 2017).

Except as so admitted, the remaining allegations in paragraph 5 are denied.

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6. Hanesbrands admits that an actual controversy exists between Jacques Moret and

Hanesbrands regarding the ’664 Patent.

COUNTERCLAIM COUNT I – DECLARATION OF NON-INFRINGEMENT

7. Hanesbrands incorporates by reference its answers to the allegations in paragraphs

1–6. To the extent a response is required, Hanesbrands denies all allegations in paragraph 7.

8. Hanesbrands admits that an actual controversy exists between Jacques Moret and

Hanesbrands regarding the ’664 Patent. Except as so admitted, the remaining allegations in

paragraph 8 are denied.

9. Hanesbrands denies the allegations in paragraph 9.

10. Hanesbrands denies the allegations in paragraph 10.

11. Hanesbrands denies the allegations in paragraph 11.

12. Hanesbrands admits that Jacques Moret seeks a declaration that it does not

infringe the ’664 Patent. However, Hanesbrands denies that Jacques Moret is entitled to such

relief.

COUNTERCLAIM COUNT II – DECLARATION OF NON-INFRINGEMENT

13. Hanesbrands incorporates by reference its answers to the allegations in paragraphs

1–6. To the extent a response is required, Hanesbrands denies all allegations in paragraph 13.

14. Hanesbrands admits that an actual controversy exists between Jacques Moret and

Hanesbrands regarding the ’664 Patent. Except as so admitted, the remaining allegations in

paragraph 14 are denied.

15. Hanesbrands denies the allegations in paragraph 15.

16. Hanesbrands admits that the application that became the ’644 Patent was filed on

April 28, 1999, and the Notice of Allowance was signed on December 30, 1999.

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17. Hanesbrands admits that the Notice of Allowance was signed without any

rejections or other office actions filed by the patent examiner during examination of the ’664

Patent.

18. Hanesbrands admits that the patent examiner cited five references in the Notice of

References Cited. Hanesbrands admits that the patent examiner stated, “The prior art made of

record and not relied upon is considered pertinent to applicant’s disclosure.”

19. Hanesbrands admits that U.S. Pat. No. 4,682,479 issued to Bruce M. Pernick.

Hanesbrands also admits that this patent’s specification states, “While the seamless knit

composite panty garment blank of the present invention has been described as being knit in a

suitable form to form a pair of individual panties therefrom, it is to be understood that the seam

less knit composite garment blank may also include further portions on opposite ends thereof to

form a pair of bathing suit blanks, , or the like, and wherein the additional knit portions

may form upper breast covering portions of such garments.” Hanesbrands otherwise denies the

allegations in paragraph 19.

20. Hanesbrands admits that U.S. Pat. No. 3,537,279 issued to P. C. Epley.

Hanesbrands lacks sufficient knowledge or information to admit or deny the allegations in

paragraph 20, and on that basis, denies the allegations in paragraph 20.

21. Hanesbrands admits that George Alexander Graham Browder, Jr. is the named

inventor of the ’664 Patent and a named inventor of U.S. Pat. Nos. 5,746,068 and 5,613,378.

Hanesbrands lacks sufficient knowledge or information to admit or deny the allegations in

paragraph 20, and on that basis, denies the allegations in paragraph 21.

22. Hanesbrands denies the allegations in paragraph 22.

23. Hanesbrands denies the allegations in paragraph 23.

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24. Hanesbrands denies the allegations in paragraph 24.

25. Hanesbrands denies the allegations in paragraph 25.

26. Hanesbrands denies the allegations in paragraph 26.

27. Hanesbrands admits that the specification of the ’664 Patent states “Such a

brassiere is formed with a single fabric with yarns and knit stitches selected for strength and

support without regard for bodily comfort of the wearer.” Hanesbrands otherwise denies the

allegations in paragraph 27.

28. Hanesbrands denies the allegations in paragraph 28.

29. Hanesbrands admits that Jacques Moret seeks a declaration by this Court that the

claims of the ’664 Patent are invalid. However, Hanesbrands denies that Jacques Moret is

entitled to such relief.

PRAYER FOR RELIEF

To the extent Jacques Moret’s “Prayer for Relief” requires a response, Hanesbrands

denies that Jacques Moret is entitled to any relief.

JURY TRIAL DEMAND

Jacques Moret’s request for a trial by jury does not require a response from

Hanesbrands.

Hanesbrands hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of

Civil Procedure.

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Dated: August 23, 2017 FISH & RICHARDSON P.C.

By: /s/ Susan E. Morrison Susan E. Morrison (#4690) 222 Delaware Avenue, 17th Floor P. O. Box 1114 Wilmington, DE 19899-1114 Phone: 302-652-5070 / Fax: 302-652-0607 [email protected]

P. Weston Musselman, Jr. Ricardo J. Bonilla William B. Collier, Jr. 1717 Main Street, Suite 5000 Dallas, Texas 75201 (214) 747-5070 [email protected] [email protected] [email protected]

ATTORNEYS FOR PLAINTIFF HANESBRANDS INC.

50