In the United States District Court for the District of Delaware
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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 Hanesbrands 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 Hanes 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 retail 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). 2 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 3 of 50 PageID #: 100 Background 9. Hanesbrands is one of the world's leading providers of branded apparel products such as T-shirts, bras, panties, men’s underwear, socks, hosiery, casualwear, shapewear and active wear. 10. George Alexander Graham Browder, Jr. filed an application for a patent on his invention for a bra 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. 3 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 4 of 50 PageID #: 101 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. 4 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 5 of 50 PageID #: 102 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 Jockey International, 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. 5 Case 1:17-cv-00595-LPS-CJB Document 18 Filed 08/23/17 Page 6 of 50 PageID #: 103 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.