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Keter Luxembourg v. Home Prods. Int'l - Complaint
Keter Luxembourg v. Home Prods. Int'l - Complaint
Plaintiff Keter Luxembourg, Sarl (“Keter” or “Plaintiff”) for its complaint against
Defendant Home Products International, North America, Inc. (“Homz” or “Defendant”), by and
1. This is a civil action seeking damages and injunctive relief for patent infringement
arising under the patent laws of the United States, 35 U.S.C. §§ 271, 281-285, and 289.
THE PARTIES
2. Plaintiff Keter is a corporation organized under the laws of Luxembourg, having its
in Chicago, Illinois. Homz may be served with process through its registered agent, United States
4. This Court has subject matter jurisdiction under 17 U.S.C. §§ 101 et. seq.;
5. This Court has personal jurisdiction over Defendant, and venue in this judicial
district is proper under 28 U.S.C. § 1391(b) and 28 U.S.C. §§ 1400(a) and (b), in that Defendant
regularly conducts business in this judicial district, and the acts of infringement complained of
6. This Court also has personal jurisdiction over Homz because, on information and
belief: (1) Homz is a Delaware corporation; (2) Homz regularly transacts business in Delaware;
and (3) Homz has offered for sale and/or sold infringing articles in Delaware and/or has placed
used infringing articles in the stream of commerce with the expectation that such infringing articles
7. Venue is also proper in this judicial district under 28 U.S.C. §§ 1391(b)-(c) and
28 U.S.C. § 1400(b) because, on information and belief, Homz is a Delaware corporation and has
8. United States Patent No. D776,926 (the “’D926 patent”), entitled “BASKET,” a
true and correct copy of which is appended hereto as Exhibit A, was duly issued on January 24,
2017, naming inventor Nikolai Duvigneau, and assigned to Keter (formerly known as Curver
Luxembourg Sarl).
9. Keter has been and still is the owner by assignment of all right, title and interest to
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10. The ’D926 patent claims the non-functional, ornamental design for a basket, which
is described and shown from multiple perspectives in its Figures 1-6, as shown below:
11. An example of the non-functional, ornamental design claimed by the ’D926 patent
is embodied in Keter’s Knit Rectangular Baskets, available in various sizes with each embodying
the same non-functional and ornamental features. An example of one of Keter’s Knit Rectangular
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INFRINGEMENT BY HOMZ
12. On information and belief, Homz manufactures, sells, offers for sale and/or imports
various sizes of its “Weave Style” storage basket, including its small, medium and large “Rattan
Plastic Storage Bin With Handles,” Nos. 2211050, 2211051 and 2211052 (the “Accused
Products”). An example of one of Homz’s infringing “Weave Style” storage baskets is shown
below:
stated that “[i]t has come to our attention that you are unlawfully infringing upon the intellectual
property of [Keter].” The correspondence identified the Accused Products, stating that each
“violate the Company’s and/or its affiliates’[] registered patent, number D776,926.”
14. With full and affirmative knowledge of the ’D926 patent and its application to the
Accused Products, on information and belief, Homz has acted and continues to act with intentional
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’D926
Fig. 1
(top)
’D926
Fig. 2
(bottom)
’D926
Fig. 3
(front)
’D926
Fig. 4
(side)
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’D926
Fig. 5
(top)
’D926
Fig. 6
(bottom)
16. Homz’s continued sale, offering for sale, importation, and distribution of the
Accused Products, including, without limitation, the articles set forth above, infringes the claim of
COUNT I
INFRINGEMENT OF UNITED STATES PATENT NO. D776,926
17. Plaintiff repeats and incorporates herein by reference each of the allegations set
18. To the eye of an ordinary observer, giving such attention as a purchaser usually
accords, the non-functional, ornamental design of a knit or woven basket claimed in the ’D926
19. Defendant has infringed the ’D926 patent by, without authorization from Plaintiff,
importing, manufacturing, marketing, selling and/or offering for sale the Accused Products
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comprising a non-functional, ornamental design that falls within the claim of the ’D926 patent
20. By reason of the foregoing, Plaintiff has suffered, and will continue to suffer,
21. Upon infromation and belief, Defendant had actual and constructive notice of the
’D926 patent at least as of February 6, 2020, and has continued its infringement in spite of said
reckless disregard of Keter’s patent rights by continuing to make, use, sell, offer for sale and/or
import the Accused Products in the United States despite knowledge of the ’D926 patent,
Defendant’s conduct has been and is egregious. Defendant’s infrignement of the ’D926 patent is,
therefore, willful and justifies an award of increased damages under 35 U.S.C. § 284, and
22. These infringing actions have resulted in irreparable harm to Keter for which Keter
23. Upon information and belief, Defendant will continue to infringe the ’D926 patent
24. Unless Defendant is enjoined from infringing the ’D926 patent, Plaintiff will suffer
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JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b) and District of Delaware Local Rule
1. Judgment that Defendant has directly infringed, literally and/or under the doctrine
of equivalents, the claim of the ’D926 patent, and that the manufacture, use, sale, offer for sale
and/or importation of the Accused Products infringes the claim of the ’D926 patent;
officers, directors, employees, agents, and affiliated entities, and all other parties in active
participation or privity with them, from manufacturing, using, selling offering for sale and/or
importing the Accused Products in the United States and from otherwise infringing the claim of
infringement of the ’D926 patent in an amount not less than a reasonable royalty under 35 U.S.C.
§ 284, together with prejudgment interest from the first date on which Defendant’s infringement
began;
4. An award of the total profits made by Defendant from its infringement of the claim
6. A declaration that this case is exceptional under 35 U.S.C. § 285 and an award of
Plaintiff’s attorneys’ fees and costs, together with pre- and post-judgment interest; and
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7. Granting Plaintiff such other and further relief as the Court may deem just and
proper.
HEYMAN ENERIO
GATTUSO & HIRZEL LLP
OF COUNSEL:
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