IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION


Kason Industries, Inc. )
)
)
PlaintiII, ) CIVIL ACTION FILE NO.
v. )
)
Dent Design Hardware, Ltd. ) 1URY TRIAL DEMANDED
)
)
DeIendant. )

COMPLAINT

COMES NOW PlaintiII, Kason Industries, Inc. ('Kason), and Ior its
Complaint against DeIendant, Dent Design Hardware, Ltd. ('Dent), states the
Iollowing:
THE PARTIES
1. Kason is a corporation organized under the laws oI the State oI New
York, with its principal place oI business in Newnan, Georgia.
2. Upon inIormation and belieI, DeIendant Dent is a corporation
organized under the laws oI the State oI Pennsylvania, with its principal place oI
business in Whitehall, Pennsylvania. DeIendant can be served through its
registered agent at 4142 Redbud Drive W., Whitehall, Pennsylvania 18052.
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1URISDICTION AND VENUE
3. This is an action against DeIendant Dent Ior patent inIringement
arising under the Patent Laws oI the United States, speciIically 35 U.S.C. 271
and 35 U.S.C. 281.
4. This Court has subject matter jurisdiction over this action pursuant to
28 U.S.C. 1331 as it involves a Iederal question; United States Patent Laws, 28
U.S.C. 1338(a) as it involves Iederal patent law; and 28 U.S.C. 1332 as the
action is between citizens oI diIIerent States, and the amount in controversy in this
action, exclusive oI interest and costs, exceeds the sum oI $75,000.00.
5. This Court has personal jurisdiction over Dent by reason oI the
business that Dent has transacted and continues to transact in this judicial district
and division, and has suIIicient minimum contacts with this judicial district and
division. In particular, Dent has made and continues to make, has oIIered to sell
and continues to oIIer to sell, has sold and continues to sell, has used and continues
to use, and/or has imported and continues to import commercial reIrigeration door
hinges that inIringe valid and enIorceable claims oI Kason`s patent.
6. In addition, this Court has personal jurisdiction over Dent because it
has knowingly and actively engaged in acts that have inIringed, will inIringe,
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and/or aid and abet in the direct inIringement oI claims oI Kason`s patent in this
judicial district and division.
7. Venue is proper in this district and division pursuant to 28 U.S.C.
1391, 28 U.S.C. 1400, and Local Rule 3.1 B.
THE CONTROVERSY
8. Since the 1920`s, Kason has been and continues to be engaged in the
business oI developing reIrigeration hardware in the United States.
9. Over the years, Kason has created hundreds oI innovative, reliable
products and has grown in size, sophistication, and reputation to become a leading
manuIacturer oI commercial reIrigeration hardware in the United States.
10. Today, Kason is headquartered in Newnan, Georgia where it Iacilities
include nearly 250,000 square Ieet oI manuIacturing plants and oIIices.
11. The commercial reIrigeration hardware industry into which Kason
sells its products includes at least two types oI customers: original equipment
manuIacturers (OEM`s) and replacement hardware distributers. OEMs purchase
and incorporate certain hardware into the Iinal products they manuIacture, such as
commercial reIrigerators. Replacement parts distributors sell the hardware to
commercial equipment owners who need the original hardware replaced.
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12. DeIendant Dent competes with Kason and sells products to the
commercial reIrigeration hardware industry.
13. On January 18, 2011, the United States Patent and Trademark OIIice
duly and lawIully issued U.S. Patent No. 7,870,642 ('the 642 Patent) to inventors
Burl M. Finkelstein, Brett A. Mitchell, and Thomas A. Thorsen Ior the invention
entitled 'ANTI-SAG HINGE. (See Exhibit A, PlaintiII`s U.S. Patent, Reg. No.
7,870,642.)
14. The 642 Patent discloses and claims, LQWHU DOLD, a novel lateral
adjuster Ior commercial reIrigeration door hinges.
15. The 642 Patent is currently in Iull Iorce and eIIect. In accordance
with 35 U.S.C. 282, the 642 Patent, and each and every claim thereoI, is
presumed to be valid.
16. All rights, title and interest in and to the 642 Patent have been
assigned to Kason, which is the sole owner oI the 642 Patent.
17. DeIendant Dent promotes, oIIers to sell, provides and sells
reIrigeration hardware products, including, but not limited to, its D690
(Adjustable) hinge ('Accused Products), which inIringes one or more oI the
inventions claimed in the 642 Patent. (See Exhibit B, pages Irom DeIendant`s
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catalog showing some oI the Accused Products. See also, Exhibit C, photograph
oI one oI the Accused Products.)
18. With the 642 Patent in Iull Iorce and eIIect, DeIendant Dent has
made, used, sold, oIIered Ior sale and/or imported reIrigeration hardware in blatant
disregard oI Kason`s patent rights. Indeed, DeIendant`s inIringing acts, including
the introduction, promotion, and sale oI products covered by Kason`s 642 patent,
has occurred without any attempt made by DeIendant to secure any rights or
authorization Irom Kason to make, use, import, oIIer to sell, or sell the Accused
Products.
19. DeIendant Dent has been notiIied oI its inIringement oI Kason`s 642
Patent pursuant to 35 U.S.C. 287, including by letters sent directly to Mr. Tim
Dodge, DeIendant`s president, on November 2, 2012 and November 15, 2012.
20. Upon inIormation and belieI, DeIendant Dent is distributing its
reIrigeration hardware throughout the United States and the State oI Georgia.
COUNT I
PATENT INFRINGEMENT--U.S. PATENT NO. 7,870,642 B1
21. Kason hereby incorporates and realleges paragraphs one (1) through
twenty (20) as iI Iully set Iorth herein.
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22. DeIendant has made, used, oIIered Ior sale, distributed, sold and/or
imported into the United States reIrigeration hardware products, including, but not
limited to the Accused Products, which inIringe the 642 Patent.
23. DeIendant has caused and will continue to cause Kason irreparable
injury and damage by directly inIringing, actively inducing others to inIringe,
and/or contributing to inIringement oI the 642 Patent. Kason will suIIer Iurther
irreparably injury, Ior which Kason has no adequate remedy at law, unless and
until DeIendant Dent is enjoined Irom inIringing the 642 Patent.
24. DeIendant`s inIringement constitutes willIul and intentional
inIringement making this an exceptional case and justiIying the imposition oI
treble damages and an award oI reasonable attorneys` Iees to Kason within the
provisions oI 35 U.S.C. 284-85.
25. By reason oI the acts oI DeIendant alleged herein, Kason has suIIered,
is suIIering and will continue to suIIer irreparable damage, and unless DeIendant is
restrained Irom continuing its wrongIul acts, the damage to Kason will increase.

1URY DEMAND
Kason demands a trial by jury oI all issues so triable.


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PRAYER FOR RELIEF
WHEREFORE, Kason respectIully prays Ior the Iollowing relieI:
A. That the Court enter judgment that DeIendant Dent has directly and/or
indirectly (induced/contributory) inIringed one or more claims oI the 642 Patent in
violation oI 35 U.S.C. 271;
B. That the Court issue an injunction requiring DeIendant Dent, its
oIIicers, agents, servants and employees be enjoined and restrained Irom making,
using, oIIering to sell, selling, or importing into the United States DeIendant`s
Accused Products;
C. That the Court enter judgment and order as part oI the injunction
DeIendant be directed to Iile with this Court and serve on PlaintiII within thirty
days aIter issuance oI the injunction, a report in writing under oath, setting Iorth in
detail the manner and Iorm in which DeIendant has complied with the injunction;
D. That as a Iurther part oI the injunction DeIendant be required to
deliver up and destroy all oI DeIendant`s inIringing products;
E. That the Court enter judgment and order DeIendant account Ior and
pay to PlaintiII all damages available to Kason Ior DeIendant`s inIringement oI the
642 Patent, and that the Court increase the amount oI damages to three times the
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amount Iound or assessed by the Court because oI the willIul and deliberate nature
oI the inIringement, in accordance with 35 U.S.C. 284;
F. That the Court declare this an exceptional case and that PlaintiII be
granted its reasonable attorneys` Iees in accordance with 35 U.S.C. 285;
G. That the Court require DeIendant to notiIy its commercial licensees,
dealers, associates, suppliers, and customers oI said injunction and judgment oI
this Court;
H. That the Court grant Kason prejudgment interest and costs; and
I. That the Court grant such other and Iurther relieI as the Court may
deem just.
RespectIully submitted this 3rd day oI December, 2012.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.


/s/ Michael J. Powell
Michael J. Powell
Georgia Bar No. 586175
mpowellbakerdonelson.com
Dorian B. Kennedy
Georgia Bar No. 404385
dkennedybakerdonelson.com
JeIIrey T. Breloski
Georgia Bar No. 858291
jbreloskibakerdonelson.com

Attorneys Ior Kason Industries, Inc.
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Monarch Plaza
Suite 1600
3414 Peachtree Road, NE
Atlanta, Georgia 30326
(678) 406-8700 - Telephone
(678) 406-8701 Facsimile
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CERTIFICATE OF COMPLIANCE

Undersigned counsel certiIies the Ioregoing document has been prepared
with one oI the Iont and point selections (Times New Roman, 14 point) approved
by the court in local rule 5.1 (C) and 7.1 (D).
This 3rd day oI December, 2012.

BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.


/s/ Michael J. Powell
Michael J. Powell
Georgia Bar No. 586175
mpowellbakerdonelson.com
Dorian B. Kennedy
Georgia Bar No. 404385
dkennedybakerdonelson.com
JeIIrey T. Breloski
Georgia Bar No. 858291
jbreloskibakerdonelson.com

Attorneys Ior Kason Industries Inc.

Monarch Plaza
Suite 1600
3414 Peachtree Road, NE
Atlanta, Georgia 30326
(678) 406-8700 - Telephone
(678) 406-8701 Facsimile