Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 1 of 7 PageID #: 1

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1 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 1 of 7 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK CARSON OPTICAL, INC. Plaintiff, Civil Action No.: v. SELL BELOW COST, CORP., GGI INTERNATIONAL, INC. and ISRAEL GOLDSTEIN Defendants. MAY 13,2015 COMPLAINT The plaintiff, Carson Optical, Inc., hereby files its complaint against the defendants, as follows: THE PARTIES 1. The plaintiff, Carson Optical, Inc. ("Carson") is, and at all relevant times, has been, a corporation organized and existing under the laws of the State ofnew York and maintains its principal place ofbusiness in Ronkonkoma, New York. 2. Carson markets and sells optical products throughout the country including within this Judicial District. 3. The defendant, Sell Below Cost, Corp. ("Sell Below"), is, and at all relevant times, has been, a corporation organized and existing under the laws of the State ofnew Jersey and maintains a place of business located at 61 Willet Street, Passaic, New Jersey. {N )

2 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 2 of 7 PageID #: 2 4. The defendant, GGI International, Inc. ("GGI"), is, and at all relevant times, has been, a corporation organized and existing under the laws of the State of New Jersey and maintains a place of business in Passaic, New Jersey. 5. The defendant, Israel Goldstein ("Goldstein"), is an individual who owns, directs, and/or controls Sell Below and GGI, and who, upon information and belief, resides at 2 Stysly Lane, Spring Valley, New York. 6. Sell Below and GGI, under the direction and control of Goldstein, have continuously and extensively done business in this Judicial District, including, without limitation, the offering for sale and/or selling of infringing products within this Judicial District. JURISDICTION AND VENUE 7. This is an action for violation of the Patent Laws of the United States of America, 35 U.S.C. 1, et al. 8. The Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331, 1338 and Venue is proper within this judicial district pursuant to 28 U.S.C and THE PLAINTIFF'S INTELLECTUAL PROPERTY RIGHTS 10. On September 12, 2000, the United States Patent and Trademark Office issued U.S. Patent No. 6,116,729 ("the 729 Patent"). A copy ofthe 729 Patent is attached hereto as Exhibit A. 11. On April10, 2001, the United States Patent and Trademark Office issued U.S. Patent No. 6,215,601 B1 ("the 601 Patent"). A copy ofthe 601 Patent is attached hereto as Exhibit B. {N } 2

3 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 3 of 7 PageID #: Since on or about September 27, 2011, Carson has been the owner by assignment of the 729 Patent and the 601 Patent. 13. The inventions claimed by the 729 Patent and the 601 Patent are embodied in Carson's commercial product that bears the trademark MagniVisor Deluxe. An exemplar of the MagniVisor Deluxe is attached hereto as Exhibit C. 14. The MagniVisor Deluxe has been well received by the consuming public, and it has become a commercial success. 15. The legal right to exclusively market and sell products claimed by the 729 Patent and the 601 Patent in the United States for a limited time is, therefore, a valuable asset wholly owned by Carson. 16. Goldstein, Sell Below and GGI have been on actual notice ofthe 729 Patent and the 601 Patent since at least April2014. COUNT ONE (INFRINGEMENT OF THE 729 PATENT) 17. Paragraphs 1 through 16 are hereby incorporated as if fully set forth herein. 18. Sell Below, under the direction and control of Goldstein, has imported, offered to sell and/or sold a product identified as a Light Head Magnifying Glass 4 Magnifications. 19. By importing, offering for sale and/or selling this product within the United States without authority during the patent term, Sell Below has infringed one or more claims of the 729 Patent in violation of35 U.S.C. 271(a). 20. By directing, controlling and benefiting from Sell Below's illegal conduct with knowledge of the 729 Patent, Goldstein has infringed one or more claims of the 729 Patent in violation of35 U.S.C. 271(a) and/or 271(b). {N } 3

4 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 4 of 7 PageID #: As a result of this infringing activity, Carson is entitled to an award of damages against Sell Below and Goldstein together with interest and costs in accordance with 35 U.S.C Because the acts of Sell Below and Goldstein were willful, Carson is entitled to an award of increased damages pursuant to 35 U.S.C This case is exceptional under 35 U.S.C. 285, entitling Carson to the recovery of reasonable attorneys' fees and costs in pursuing this matter to judgment. COUNT TWO (INFRINGEMENT OF THE 601 PATENT) 24. Paragraphs 1 through 23 are hereby incorporated as if fully set forth herein. 25. Sell Below and GGI, under the direction and control of Goldstein, has imported, offered to sell and/or sold a product identified as Jeweler's Lighted High-Power Magnifier Visor. The item or part number is 1047, MG81007-A. 26. Sell Below, under the direction and control of Goldstein, has also imported, offered to sell and/or sold a product identified as Up to 1 Ox Magnifying Glass Headset Loupe Magnifier Lens Visor with 2 LED Light. The item or part number is MG A. 27. By importing, offering for sale and/or selling these products within the United States without authority during the patent term, Sell Below and GGI have infringed one or more claims ofthe 601 Patent in violation of35 U.S.C. 271(a). 28. By directing, controlling and benefiting from Sell Below and GGI's illegal conduct with knowledge of the 601 Patent, Goldstein has infringed one or more claims of the 601 Patent in violation of35 U.S.C. 271(a) and/or 271(b). {N ) 4

5 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 5 of 7 PageID #: As a result of this infringing activity, Carson is entitled to an award of damages against Sell Below, GGI and Goldstein, together with interest and costs in accordance with 35 U.S.C Because the infringement was willful, Carson is entitled to an award of increased damages pursuant to 35 U.S.C This case is exceptional under 35 U.S.C. 285, entitling Carson to the recovery of reasonable attorneys' fees and costs in pursuing this matter to judgment. COUNT THREE (UNFAIR AND DECEPTIVE TRADE PRACTICES) 32. Paragraphs 1 through 31 are hereby incorporated by reference as if fully set forth herein. 33. The acts of Sell Below, GGI and Goldstein, detailed above, alone and/or in combination, constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade and commerce. 34. As a result of its unfair or deceptive acts or practices, Carson has suffered an ascertainable loss and is entitled to the recovery of consequential and punitive damages and an award of attorneys' fees. {N } 5

6 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 6 of 7 PageID #: 6 PRAYER FOR RELIEF WHEREFORE, Carson prays for the following: 1. An Order enjoining the defendants from importing, offering for sale and selling products that infringe any claim of U.S. Patent No. 6,116, An Order enjoining the defendants from importing, offering for sale and selling products that infringe any claim ofu.s. Patent No. 6,215,601 Bl An award of money damages pursuant to 35 U.S.C An award of multiple damages pursuant to 35 U.S.C An award of attorneys' fees and costs pursuant to 35 U.S.C An award of interest and costs pursuant to 35 U.S.C Such other relief as this Court deems just and proper. {N } 6

7 Case 2:15-cv JMA-AKT Document 1 Filed 05/13/15 Page 7 of 7 PageID #: 7 JURY DEMAND Carson hereby requests a trial by jury of any issue so triable as of right pursuant to Rule 38(b) ofthe Federal Rules of Civil Procedure. ew Haven, CT 065 Tel: Fax: jhorvack@carmodylaw.com {N } 7