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Christian E.

Samay SNR Denton US LLP 101 JFK Parkway Short Hills, New Jersey 07078 (973) 912-7100 Attorneys for Plaintiff Kittrich Corporation UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY KITTRICH CORPORATION Plaintiff, v. RALPH FRIEDLAND & BROS., INC. Defendant. COMPLAINT FOR PATENT INFRINGEMENT, CERTIFICATION PURSUANT TO LOCAL RULE 11.2 AND DEMAND FOR JURY TRIAL Case No. _________________

COMPLAINT FOR PATENT INFRINGEMENT, INJUNCTIVE RELIEF, AND DAMAGES For its complaint against Defendant Ralph Friedland and Bros., Inc. d/b/a Friedland Bros. (Friedland Bros. or Defendant) Plaintiff Kittrich Corporation (Kittrich or Plaintiff) alleges as follows: THE PARTIES 1. Plaintiff Kittrich is a corporation duly organized and existing under the laws

of the State of California. Kittrich is the owner by assignment of all rights and interests in U.S. Patent No. 5,874,371 (the 371 Patent) for Removable, Non-Skid, Non-Adhesive Covering. 2. Kittrich is a global consumer products company. Throughout the world since

the 1960s, Kittrich and its predecessors-in-interest have developed, manufactured and sold a variety of consumer products. Kittrich sells removable, non-skid, non-adhesive coverings that

embody the claims of the 371 Patent. 3. Defendant Friedland Bros. is a corporation duly organized and existing under

the laws of the State of New Jersey, with its principal place of business at 17 Industrial Drive Keyport, NJ 07735. Defendant does business in New Jersey and maintains an agent for service of process in New Jersey in this judicial district. JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Accordingly, this Court has federal question jurisdiction pursuant to 28 U.S.C. 1331 and original jurisdiction under 1338(a). 5. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(a), in that

Defendant resides and is incorporated in New Jersey within this judicial district; Defendant has committed acts of infringement in this judicial district; and the Court has personal jurisdiction over the Defendants. COUNT I INFRINGEMENT OF THE 371 PATENT BY DEFENDANT 6. stated herein. 7. Kittrich is the owner by assignment of the entire right, title, and interest in the Plaintiff restates and incorporates by reference paragraphs 1 through 5 as if fully

371 Patent entitled Removable, Non-Skid, Non-Adhesive Covering, which the United States Patent and Trademark Office duly granted on February 23, 1999. A true and correct copy of the 371 patent is attached as Exhibit 1. 8. Defendant makes or has made, uses, sells, offers for sale, and/or imports

surface liner products, including a non-adhesive and non-slip multiple use liner under a label bearing the words Zip Grip Smooth Liner and identifying Friedland Bros. as the source (the Zip Grip Product). 9. Defendant infringes, contributes to the infringement and/or induces the

infringement of the 371 Patent by making or having made, using, importing, advertising, offering for sale, and/or selling in the United States the Zip Grip Product that embodies or

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practices one or more of the claims of the 371 Patent, all without Kittrichs consent. As a direct and proximate result of Defendants infringement of the 371 Patent, Plaintiff is suffering damages and irreparable injury for which it has no adequate remedy at law. 10. As a direct and proximate result of Defendants infringement of the 371

patent, Kittrich has been and continues to be damaged in an amount to be proven at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff Kittrich prays for judgment against Defendant Friedland Bros. as follows:

(1)

for a judicial determination and declaration that Defendant has infringed U.S. Letters Patent No. 5,874,371;

(2)

for a judicial determination and decree that Defendants infringement of U.S. Letters Patent No. 5,874,371 is and has been willful;

(3)

for damages resulting from Defendants past and present infringement of U.S. Letters Patent No. 5,874,371 and the trebling of such damages because of the willful and deliberate nature of Defendants infringement;

(4)

for a temporary restraining order, preliminary injunction and/or permanent injunction ordering Defendant, its officers, directors, shareholders, agents, servants, employees and all other entities and individuals acting in concert with them or on their behalf: 1. to refrain from directly or indirectly making or causing to be made, or selling or causing to be sold, or importing, or offering for sale, fulfilling orders for, or using or causing to be used, displaying or causing to be displayed at a store, on television or on an internet website, any Zip Grip Products embodying any of the claims of the 371 patent; 2. to refrain from directly or indirectly printing, distributing, posting, or displaying on the internet or television, or causing to be printed, distributed or posted, any printed material or computer readable

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material, including, without limitation, advertisements, marketing materials or packaging for any Zip Grip Products embodying the claims of the 371 patent; and 3. to seek return from its customers of all Zip Grip Products embodying any of the claims of the 371 patent, and for destruction of the infringing goods; 4. to remove from all stores and store shelves and from all internet websites any Zip Grip Products embodying any of the claims of the 371 patent;

(5) (6)

for an assessment of prejudgment interest on damages; for a declaration that this is an exceptional case under 35 U.S.C. Section 285 and for an award of attorneys fees and costs in this action; and for such other and further relief as the Court deems just and equitable; and

(7)

for such other and further relief as the Court deems just and equitable. JURY DEMAND

Plaintiff hereby demands a jury trial on all issues triable to the jury. Dated this 19th day of June, 2012. s/ Christian E. Samay Christian E. Samay christian.samay@snrdenton.com SNR Denton US LLP 101 JFK Parkway Short Hills, NJ 07078-2708 Telephone: (973) 912-7100 Attorneys for Plaintiff Kittrich Corporation

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CERTIFICATION PURSUANT TO LOCAL RULE 11.2

Pursuant to Local Civil Rule 11.2, I hereby certify that the matter in controversy is not the subject of any other action pending in any court, or any pending arbitration or administrative proceeding. Dated this 19th day of June, 2012.

s/ Christian E. Samay Christian E. Samay christian.samay@snrdenton.com SNR Denton US LLP 101 JFK Parkway Short Hills, NJ 07078-2708 Telephone: (973) 912-7100 Attorneys for Plaintiff Kittrich Corporation

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