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f, vs. BAR PRODUCTS.COM, INC., Defendant. ____________________________________/


COMPLAINT FOR PATENT INFRINGEMENT For its Complaint against Bar, Inc. (Bar Products), Plaintiff By George, LLC (By George) states as follows: 1. This action concerns Bar Productss infringement of U.S. Patent No. 7,845,512, a

copy of which is attached as Exhibit A, which is owned by By George. THE PARTIES 2. Plaintiff By George manufactures and sells various products used in the restaurant

and bar industry. By George is an Ohio limited liability company having a place of business at 500 South Himes, Ave., Apt. 14, Tampa, Florida 33609. 3. Bar Products manufactures and sells various products used in the restaurant and

bar industry. Bar Products is a Florida limited liability company having a principal place of business at 1990 Lake Avenue SE, Largo, Florida 33771. JURISDICTION AND VENUE 4. This Complaint seeks relief under the patent laws of the United States, Title 35

United States Patent Code. This Court has subject matter jurisdiction of the claims asserted thereunder by reason of Title 28, United States Code, Sections 1331 and 1338(a).

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Venue is proper in this District under Title 28, United States Code, Sections

1391(b) and 1400(b). Bar Products is headquartered in this District, and on information and belief, Bar Products serves numerous customers in this District. 6. This Court has personal jurisdiction over Defendant Bar Products as it is doing

business in Florida and in this District. FACTS 7. By George and Bar Products manufacture and sell supplies used in the restaurant

and bar industry. Among their products, By George and Bar Products compete directly in the sale of certain specialty plastic cups characterized by having an inner chamber designed for containing a liquor beverage, which is surrounded by an outer chamber designed for containing a soft drink or other mixer beverage. One term used to describe such cups is Bomber Cups. 8. Although Bomber Cups have been in commercial use since at least the late

1990s, By Georges principal, Theodore Skala, conceived of, designed and developed a significant improvement over the prior art Bomber Cups. Specifically, Skala determined that the Bomber Cups could be commercially attractive if they could be manufactured through an economical process such as thermoforming, thereby allowing the cups to be sold at a low price, thereby providing bars and restaurants with an attractive way to sell highly profitable Bomber drinks with a cup that could be disposed of after a single use, avoiding the cost and distraction of cleaning and storing them. 9. The inexpensive Bomber Cups invented by Skala and sold by By George were an

instant commercial success. Unfortunately for By George, several competitors, including Bar Products, began selling copycat versions of the By George Bomber Cups shortly after their appearance on the market.

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On December 7, 2010, the 512 patent issued, which discloses and claims the

inexpensive Bomber Cup invented by Skala. As set forth in more detail below, Bar Products is infringing the 512 patent. INFRINGEMENT OF U.S. PATENT NO. 7,845,512 11. 12. By George realleges and incorporates herein as if set forth in full paragraphs 1-10. On December 7, 2010, United States Patent No. 7,845,512 ("the '512 patent")

entitled "THIN WALLED CUP" was duly and legally issued in the name of Theodore P. Skala, and the entire right, title and interest in and to said patent has been assigned to By George. 13. 14. The '512 patent is, by law, presumed valid pursuant to 35 U.S.C. 282. Upon information and belief, Bar Products has directly and contributorily

infringed at least claim 1 of the '512 patent, and has actively induced infringement of the patent by others, in violation of 35 U.S.C. 271. By George has been damaged by Bar Productss infringement of the '512 patent and will continue to be damaged in the future unless Bar Products is permanently enjoined from infringing, either directly or indirectly, said patent. 15. Bar Products has actual notice of By George's patent and in particular that said

patent was duly and legally issued, and Defendant is aware or should be aware that its activities directly infringe, contributorily infringe and/or induce others to infringe the '512 patent. WHEREFORE, Plaintiff By George LLC respectfully requests that this Court enter judgment as follows: (a) (b) A judgment that Bar Products has infringed the '512 patent; An injunction enjoining and restraining Bar Products, its officers, directors,

agents, servants, employees, attorneys and all others acting under or through them, directly or indirectly, from infringing the '512 patent;

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A judgment requiring Bar Products to pay damages under 35 U.S.C. 284 for its

infringement; (d) An award of pre-judgment interest from the date of first patent infringement to

entry of judgment; and (e) Such other and further relief as the Court deems equitable under the

circumstances. JURY DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and the 7th Amendment to the Constitution of the United States, By George hereby demands a trial by jury of all issues triable as of right by jury in the above action. Respectfully submitted,

Dated: September 13, 2011

OF COUNSEL: Michael J. Garvin Ohio Bar No. 0025394 Hahn Loeser & Parks LLP 200 Public Square, Suite 2800 Cleveland, Ohio 44114 Tel: (216) 274-2322 Fax: (216) 241-2824

/s/ Kevin P. Fularczyk Kevin P. Fularczyk Florida Bar 0723967 Hahn Loeser & Parks LLP 2532 East First Street Fort Myers, Florida 33901-2431 Tel: (239) 337-6700 Fax: (239) 337-3701

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