UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION LUV N CARE, LTD.

Plaintiff, v. KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, and AVENT LTD. Defendants. (JURY TRIAL DEMANDED)

Civil Action No.

COMPLAINT Plaintiff Luv n care, Ltd., (Luv n care or Plaintiff) by its attorneys, hereby complain of Defendants Koninklijke Philips Electronics N.V., Philips Electronics North America Corporation, and Avent Ltd. (collectively, Defendants) as follows:

JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the

Patent Laws of the United States, 35 U.S.C. 101 et seq. This Court has jurisdiction over the cause of action pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1338.

2.

This action arises from Defendants use, sale, offer for sale,

and/or importing of products, and conduct of activities, that infringe Plaintiffs patents. 3. Upon information and belief, this Court has personal

jurisdiction over Defendants in that Defendants have engaged in acts constituting doing business in the State of Texas, including in this judicial district and have intentionally directed their tortious activities toward the State of Texas, including this judicial district. Upon information and belief, Defendants have committed acts of patent infringement in Texas, including this judicial district, and have delivered the accused products into the stream of commerce with the expectation that they will be purchased by consumers in the State of Texas, including this judicial district. Upon information and belief, Defendants have sold products, including products that are the subject of this Complaint, to consumers in the State of Texas, including this judicial district. In addition, consumers in Texas are able to purchase the infringing products from Defendants websites for shipment to Texas. 4. Venue is proper in this Court, pursuant to 28 U.S.C. 1391(b) -

(d) and 28 U.S.C. 1400(b), in that Defendants are corporations subject to personal jurisdiction within this judicial district and have committed acts of patent infringement in this judicial district.

THE PARTIES 5. Plaintiff Luv n care is a corporation organized and existing

under the laws of the State of Louisiana having a principal place of business at 3030 Aurora Avenue, Monroe, Louisiana 71201. 6. Upon information and belief, Defendant Koninklijke Philips

Electronics N.V. (KPE) is a corporation organized and existing under the laws of The Netherlands, having a principal place of business at Breitner Center, Amstelplein 2, 1096 BC Amsterdam, The Netherlands. Upon

information and belief, KPE manufactures, sells and distributes medical systems, domestic appliances, consumer electronics, lighting, and other domestic/household products. 7. Upon information and belief, Defendant Philips Electronics

North America Corporation (PENA) is a corporation organized and existing under the laws of the State of Delaware, having a principal place of business at 3000 Minuteman Road, Andover, Massachusetts, 01810. Upon

information and belief, PENA manufactures, markets, and distributes consumer electronics, domestic/household appliances and products, personal care products, and lighting and medical equipment. Upon information and belief, PENA is a wholly-owned subsidiary of Defendant KPE. 8. Upon information and belief, Defendant Avent Ltd. (Avent) is

a corporation organized and existing under the laws of the United Kingdom, 3

having a principal place of business at North London Business Park, Oakleigh Road South, New Southgate, London, N11 1SS, United Kingdom. Upon information and belief, Avent manufactures and supplies baby feeding bottles and equipment, including no-spill drinking cups for children. Upon information and belief, Avent is a wholly-owned subsidiary of KPE.

FACTS PLAINTIFFS PATENTS 9. Mr. Nouri E. Hakim is the inventor of new technology relating to

no-spill drinking cups. 10. Mr. Hakims inventions are particularly suited for feeding

children, as children have tendencies to drop or otherwise cause the liquid inside their drinking cups to spill. 11. Mr. Hakims inventions generally relate to two varieties of valve These valves

mechanism positioned inside the spouts of drinking cups.

function in a uniquely effective way that allows liquid flow through the spout when a child is sucking on the spout, but prevents liquid flow (and spillage) through the spout when the child is not sucking on the spout. The two

varieties differ generally with respect to the means employed to seal the valve when a child is not drinking. The details of these inventions are

further expounded in the attachments to this Complaint. 4

12.

On April 17, 2007, United States Patent No. 7,204,386 B2

entitled No-Spill Drinking Cup Apparatus was duly and lawfully issued to Nouri E. Hakim for his inventions by the United States Patent and Trademark Office (hereafter the 386 patent). A copy of the 386 patent is attached as Exhibit 1 hereto. 13. On July 17, 2007, United States Patent No. 7,243,814 B2

entitled No-Spill Drinking Cup Apparatus was duly and lawfully issued to Nouri E. Hakim for his inventions by the United States Patent and Trademark Office (hereafter the 814 patent). A copy of the 814 patent is attached as Exhibit 2 hereto. 14. On September 7, 2010, United States Patent No. 7,789,263 B2

entitled No-Spill Drinking Cup Apparatus was duly and lawfully issued to Nouri E. Hakim for his inventions by the United States Patent and Trademark Office (hereafter the 263 patent). A copy of the 263 patent is attached as Exhibit 3 hereto. 15. On September 7, 2010, United States Patent No. 7,789,264 B2

entitled No-Spill Drinking Cup Apparatus was duly and lawfully issued to Nouri E. Hakim for his inventions by the United States Patent and Trademark Office (hereafter the 264 patent). A copy of the 264 patent is attached as Exhibit 4 hereto.

16.

Additionally, on August 23, 2011, the U.S. Patent Office issued a

Notice of Allowance in Reissue Application No. 11/981,851 filed October 31, 2007 (the 851 application), which application is a reissue of U.S. Patent No. 6,321,931. A copy of that Notice of Allowance is attached hereto as Exhibit 5. Both the Notice of Allowance, and the entire file wrapper of the '851 application, including, but not limited to the allowed claims, are further electronically available online from the U.S. Patent Office as a matter of public record. As set forth in the public record, Applicant has paid the Issue Fee in the '851 application and completed all requirements for the patent to issue. Likewise, the U.S. Patent Offices online records indicate that on

November 28, 2011 the Patent Office annotated the file as being ready for issue. Accordingly, it is expected that the '851 application will be issued as a patent within the next several weeks or months. Plaintiff reserves the right to amend this Complaint to include infringement causes of action for infringement of that patent upon its issuance. 17. Plaintiff Luv n care is the owner of all right, title and interest in

and to the 386 patent, the 814 patent, the 263 patent, the 264 patent (collectively the patents) and the 851 application.

DEFENDANTS INFRINGEMENT OF PLAINTIFFS PATENTS 18. During the term of the patents, Defendants have manufactured,

offered for sale, sold, used, and/or imported products embodying the patented inventions of the 386 patent, the 814 patent, the 263 patent, the 264 patent, and engaged in activities infringing the same. 19. Defendants infringing products include, but are not limited to,

their entire line of Magic Cups, their entire line of Insulated Cups, their entire line of Fast Flow Spouts, their entire line of Hard Spouts, and their entire line of Soft Spouts. 20. In addition, Defendants have contributed to, actively induced,

and caused further infringement of the patents with its other baby and childrens products as well. Moreover, through Defendants infringement of Plaintiffs patents, Defendant has obtained revenues, gains, benefits, and advantages throughout its baby and childrens feeding product line, including, but not limited to, convoyed sales. In particular, all of the drinking and feeding products in Defendants line of baby products are designed for attachment to infringing tops from the Magic Cups, Insulated Cups, Fast Flow Spouts, Hard Spouts, and Soft Spouts. Defendants have advertised and encouraged consumers to use and interchange infringing tops from the infringing Fast Flow Spout products, Hard Spout products and Soft Spout products with all of Defendants bottles, cups, and other drinking and 7

feeding products, and thereby have further infringed the patents and induced consumers to do the same. 21. Plaintiff. Defendants acts have been without license or authority of

WILLFUL INFRINGEMENT 22. 23. Defendants activities have been deliberate and willful. Defendants are aware of the patents, and have deliberately

chosen to use, sell, and offer for sale, infringing products. 24. Defendants actions have caused and are causing irreparable

damage to Plaintiff. 25. Plaintiff has been extensively damaged by Defendants bad faith

activities and will continue to be damaged unless Defendants are restrained and enjoined by this Court. COUNT I PATENT INFRINGEMENT (35 U.S.C. 101 et seq.) 26. Plaintiff repeats and re-allege each and every allegation

contained in paragraphs 1 through 25 as if fully set forth herein. 27. 28. 1331. 8 This claim arises under 35 U.S.C. 101 et seq. This Court has jurisdiction over this claim pursuant to 28 U.S.C.

29.

Defendants acts constitute infringement of the 562 patent, the

386 patent, the 814 patent, the 263 patent, and of the 264 patent, under 35 U.S.C. 271. 30. Defendants acts of infringement were and are with knowledge

of the patents. 31. deliberate. 32. 33. Defendants have profited from their infringing activities. As a result of Defendants conduct, Plaintiff has been Defendants acts of infringement were and are willful and

substantially harmed, has suffered actual damages, has suffered lost profits, and has been forced to retain legal counsel and pay costs of court to bring this action.

DAMAGES 34. Plaintiff is being irreparably harmed by Defendants infringing

activities, and has no adequate remedy at law. 35. Plaintiff has been extensively damaged by Defendants patent

infringement in an amount to be determined by a jury and this Court. 36. Plaintiff seeks damages as a result of Defendants infringement

which include, but are not limited to: Plaintiffs lost sales, lost profits and damage to its reputation and good will, and/or disgorgement of Defendants 9

revenues and profits, from Defendants sales of infringing products, replacement parts thereof and associated parts thereof, from convoyed sales, and from all other drinking and feeding products sold by Defendants and activities engaged in by Defendants, that directly infringe, constitute contributory infringement of, and/or induce infringement of, Plaintiffs patents. 37. Plaintiff requests that this honorable Court assess enhanced

damages against Defendants in the fullest amount permissible by law, in view of the willful, egregious, malicious, and extensive nature of Defendants bad faith activities complained of herein, and in view of the numerous violations, the willful nature of the violations, and the significant damage to Plaintiff, as set forth above.

JURY TRIAL DEMAND 38. Pursuant to Rule 38, Fed. R. Civ. P. Plaintiff hereby demands a

trial by jury on all issues set forth herein that are properly triable to a jury.

PRAYER FOR RELIEF WHEREFORE, Plaintiff Luv n care respectfully requests that the Court, upon final hearing of this matter, grant the following relief against Defendants:

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A.

That Defendants be adjudged to have engaged in patent infringement, contributory patent infringement, and active inducement of patent infringement of Luv n cares rights under United States Patent 7,204,386 B2 (the 386 patent), under United States Patent No. 7,243,814 B2 (the 814 patent), under United States Patent No. 7,789,263 B2 (the 263 patent), and under United States Patent No. 7,789,264 B2 (the 264 patent) (collectively the patents) under 35 U.S.C. 101 et seq.;

B.

That the 386 patent, the 814 patent, the 263 patent and the 264 patent were duly and legally issued by the U.S. Patent Office, and are valid and enforceable;

C.

That each of Defendants, its officers, agents, servants, employees, representatives, distributors and all persons in concert or participation with Defendants be enjoined pursuant to 35 U.S.C. 283 from engaging in any activities which infringe Plaintiffs rights in the patents under 35 U.S.C. 271;

D.

That each of Defendants, its officers, agents, servants, employees, representatives, distributors, and all persons in concert or participation with them be enjoined pursuant to 35 U.S.C. 283 from making, using, importing, exporting, offering for sale and selling any products and activities which directly 11

infringe,

constitute

contributory

infringement,

or

induce

infringement, of the patents under 35 U.S.C. 271; E. That each of the Defendants be directed to file with this Court and serve on Plaintiff within thirty (30) days after service of the injunction, a report in writing, under oath, setting forth in detail the manner and form in which the Defendants have complied with the injunction; F. That Defendants be required to account for and pay over to Plaintiff any and all revenues and profits derived by them and all damages sustained by Plaintiff by reason of the acts complained of in this Complaint, including an assessment of interest on the damages so computed, and that the damages be trebled pursuant to 35 U.S.C. 284, and all other applicable law; G. That Defendants be required to account for and pay over to Plaintiff such actual damages as Plaintiff has sustained as a consequence of Defendants infringement, contributory

infringement, and active inducement of infringement of the patents, and that the damages relating to patent infringement be trebled pursuant to 35 U.S.C. 284, and to account for and pay to Plaintiff all of Defendants gains, revenues, profits and advantages attributable 12 to or derived by Defendants

infringement, contributory infringement, and active inducement of infringement of the patents; H. That each such award of damages be enhanced to the maximum available for each infringement in view of each of Defendants willful infringement of Plaintiffs rights; I. That each of the Defendants be required to deliver up for impoundment during the pendency of this action, and for destruction thereafter, all copies of the infringing materials in its possession or under its control and all materials, including molds and master models, used for making same; J. That Plaintiff be awarded punitive or exemplary damages because of the egregious, malicious, and tortious conduct of Defendants complained of herein; K. That Plaintiff recover the costs of this action including its expenses and reasonable attorney's fees pursuant to 35 U.S.C. 285 and all further applicable law, because of the deliberate and willful nature of the infringing activities of Defendants sought to be enjoined hereby, which make this an exceptional case warranting such award; L. That Plaintiff be awarded pre-judgment and post-judgment interest; 13

M.

That Plaintiff obtain all further relief permitted under the laws of the United States and the State of Texas; and,

N.

That Plaintiff obtain all such other and further relief as the Court may deem just and equitable.

Dated: December 12, 2011

/s/ Morris E. Cohen Morris E. Cohen (Member of the Bar, E.D. Texas) Lee A. Goldberg (for pro hac vice) GOLDBERG COHEN LLP 1350 Avenue of the Americas, 4th Floor New York, New York 10019 (646) 380-2087 (phone) (646) 514-2123 (fax) MCohen@GoldbergCohen.com LGoldberg@GoldbergCohen.com Of Counsel: Joe D. Guerriero (Member of the Bar, E.D. Texas) Luv n care, Ltd. 3030 Aurora Avenue Monroe, Louisiana 71201 318-338-3603 (phone) 318-388-5892 (fax) joed@luvncare.com Attorneys for Plaintiff Luv n care, Ltd.

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