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Case 3:02-at-06000 Document 1196 Filed 11/02/12 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ) ) No. Plaintiff, ) ) v. ) ) YEOMAN & COMPANY, ) ) Defendant. ) __________________________________________________________________ COMPLAINT FOR PATENT INFRINGEMENT __________________________________________________________________ Plaintiff, Ames True Temper, Inc. (ATTI) files its Complaint against Defendant, Yeoman & Company (Yeoman) as follows: NATURE OF THE ACTION AND SUBJECT MATTER JURISDICTION 1. This is an action for patent infringement, arising under the Patent Laws AMES TRUE TEMPER, INC.,

of the United States 35 U.S.C. 1 et seq., and in particular arising under 35 U.S.C. 271. This Court has subject matter jurisdiction over this action pursuant to 35 U.S.C. 281 and 28 U.S.C. 1331, 1332 and 1338(a). PARTIES 2. ATTI is a corporation organized and existing under the laws of the State

of Delaware with its principal place of business located at 465 Railroad Avenue, Camp Hill, Pennsylvania.

{L0497472.1}

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3.

Yeoman is a corporation organized under the laws of the State of Iowa

with its principal place of business located at 16525 Hardscrabble Road, Monticello, Iowa. PERSONAL JURISDICTION AND VENUE 4. Yeoman is subject to personal jurisdiction in this Court pursuant to 42

Pa.C.S. 5322 because Yeoman transacts business within the Commonwealth of Pennsylvania including the importing, offering for sale, sale and/or use of infringing products and other acts of patent infringement. 5. Venue over this action is proper in this Court pursuant to 28 U.S.C.

1391(b) and 1400(b) because this Judicial District is a judicial district in which a substantial part of the events giving arise to the claims asserted herein occurred, because Yeoman is subject to personal jurisdiction and therefore resides within this Judicial District and because, upon information and belief, Yeoman has committed acts of patent infringement within this Judicial District. PATENT NO. 6,889,405 6. On May 10, 2005, United States Patent No. 6,889,405 (the 405 Patent)

was duly and validly issued to Michael L. Ritrovato and Karen Richwine for an invention relating to, inter alia, a Dual Material Tool Handle which includes a tool handle formed of two separate materials of two durometer hardness in order to provide both a relatively hard grip region and a relatively soft grip region that are

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contiguous.

A true and correct copy of the 405 Patent is attached to this

Complaint as Exhibit A and is incorporated herein by this reference. 7. Through a series of assignments, ATTI is the owner of the 405 Patent,

the 405 Patent is currently subsisting and ATTI is the real party in interest with the right to seek the relief requested in this Complaint. INFRINGEMENT BY YEOMAN 8. Yeoman, without authorization from ATTI, has been and is in this

Judicial District and elsewhere in the United States, engaged in the making, offering for sale, selling or using hand tools with dual material tool handles which infringe the inventions set forth in one or more of the claims of the 405 Patent, and/or is contributing and/or is actively inducing the importation, making, offering for sale, selling or use of tools with dual material tool handles which infringe the inventions of one or more of the claims of the 405 Patent, and thus is presently infringing and has in the past been infringing the 405 Patent in violation of 35 U.S.C. 271(a), (b) and/or (c). 9. The infringement of the 405 Patent by Yeoman has been willful and

deliberate and in conscious disregard for ATTIs patent rights. 10. As a consequence of the foregoing, Yeoman has caused and is continuing

to cause damage to ATTI and, unless such acts are enjoined by the Court, Yeoman will continue to cause irreparable harm to ATTI for which there is no adequate

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remedy at law and for which ATTI is also entitled to injunctive relief under 35 U.S.C. 283. WHEREFORE, ATTI prays for relief as follows: A. That the Court adjudge that Yeoman has infringed one or more

claims of the 405 Patent; B. been willful; C. That the Court award ATTI its damages in accordance with 35 That the Court adjudge that the infringement by Yeoman has

U.S.C. 284, and increase those damages up to three (3) times by reason of the willful infringement; D. action; E. That the Court declare this to be an exceptional case within That the Court award ATTI its costs in connection with this

the meaning of 35 U.S.C. 285, and award ATTI its reasonable attorneys fees, expenses and costs of this action; F. That the Court preliminary and permanently enjoin Yeoman

and its officers, agents, servants, employees, attorneys and those persons in active concert or participation with them who receive actual notice hereof by personal service or otherwise, from committing further acts of infringement of the 405 Patent; and

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G.

That the Court award ATTI such other and further relief as the

Court deems just and proper. Respectfully submitted, /s/ Mark E. Gebauer Mark E. Gebauer, Esq. Pa. I.D. No. 79646 Eckert Seamans Cherin & Mellott, LLC 213 Market Street, 8th Floor Harrisburg, PA 17101 Phone: (717) 237-6000 Fax: (717) 237-6019 Email: mgebauer@eckertseamans.com Mark A. Willard, Esq. Pa. I.D. No. 18103 David V. Radack, Esq. Pa. I.D. No. 39633 Eckert Seamans Cherin & Mellott, LLC 600 Grant Street, 44th Floor Pittsburgh, PA 15219 Phone: (412) 566-6000 Fax: (412) 566-6099 Email: mwillard@eckertseamans.com dradack@eckertseamans.com Attorneys for Ames True Temper, Inc. Dated: 02 November 2012

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