Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 1 of 43 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

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1 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 1 of 43 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS ZEBRA TECHNOLOGIES CORPORATION, ZEBRA TECHNOLOGIES INTERNATIONAL, LLC, LASER BAND LLC, and ZIH CORP. v. Plaintiffs, Case No. JURY TRIAL DEMANDED TYPENEX MEDICAL, LLC, and WARD KRAFT INC. Defendants. COMPLAINT Plaintiffs Zebra Technologies Corporation ( ZTC ) and its wholly owned subsidiaries Zebra Technologies International, LLC ( ZTI ), Laser Band LLC ( Laser Band ), and ZIH Corp. ( ZIH ) (collectively Plaintiffs or Zebra ) by their attorneys, demands a trial by jury on all issues so triable and for their Complaint for patent infringement, trademark infringement, and other causes of action against Defendants Typenex Medical, LLC and Ward Kraft Inc. (collectively Defendants ), and on knowledge, information, and belief, allege as follows: NATURE OF THE ACTION 1. This is an action at law and in equity for patent infringement arising under the Acts of Congress relating to patents, 35 U.S.C. 1 et seq., false designation of origin, trademark infringement, trade dress infringement, and unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), common law trademark infringement and unfair competition, and deceptive trade and business practices, trademark infringement, and unfair competition under Illinois Statutes and common law, seeking damages and injunctive relief as provided in 35 U.S.C. 281 and and 15 U.S.C

2 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 2 of 43 PageID #:2 THE PARTIES 2. Plaintiff ZTC is a corporation organized under the laws of Delaware, having a place of business at 3 Overlook Point, Lincolnshire, Illinois Plaintiff ZTI is a limited liability company organized and existing under the laws of the State of Illinois, having a place of business at 3 Overlook Point, Lincolnshire, Illinois Plaintiff Laser Band is a limited liability company organized under the laws of the State of Missouri, having a place of business at 120 South Central, Suite 450, St. Louis, Missouri Plaintiff ZIH is a corporation organized and existing under the laws of the State of Delaware, having a place of business at 3 Overlook Point, Lincolnshire, Illinois On information and belief, Defendant Typenex Medical, LLC ( Typenex ) is a limited liability company organized and existing under the laws of the state of Illinois, having a principal place of business at 303 East Wacker Drive, Ste. 1040, Chicago, Illinois On information and belief, Defendant Ward Kraft Inc. ( Ward Kraft ) is a corporation organized and existing under the laws of the state of Kansas, having a principal place of business at 2401 Cooper Street, Fort Scott, Kansas JURISDICTION AND VENUE 8. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C and 1338(a) and 15 U.S.C. 1121(a). 9. This Court has supplemental jurisdiction over the remaining claims asserted in this Complaint pursuant to 28 U.S.C because the state law claims are so related to the federal claims that they form part of the same case or controversy, and they are derived from a common nucleus of operative facts. 2

3 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 3 of 43 PageID #:3 10. Jurisdiction and venue for this action are proper in the Northern District of Illinois. 11. This Court has personal jurisdiction over Defendants. On information and belief, Typenex is organized and existing under the laws of Illinois. On information and belief, Ward Kraft is a corporation organized and existing under the laws of the state of Kansas. Defendants have also done and are doing substantial business in this Judicial District, both generally and, on information and belief, with respect to the allegations in this Complaint, including Defendants one or more tortious acts in this Judicial District. 12. Venue is proper in this Judicial District under 28 U.S.C. 1391(b) and (c) and 1400(b). THE PATENTS-IN-SUIT 13. Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,779,569 entitled Business Form and Self-Laminating Wristband With Improved Print Area and Single Layer Straps ( the 569 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 569 Patent is attached hereto as Exhibit A, which was duly and legally issued on August 24, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 8,011,125 entitled Business Form and Self-Laminating Wristband With Overlapping Lamination Panels ( the 125 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 125 Patent is attached hereto as Exhibit B, which was duly and legally issued on September 6, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,017,293 entitled Wristband/Cinch With Label Assembly Business Form and Method ( the 293 Patent ), including the right to sue and to recover for infringement thereof. 3

4 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 4 of 43 PageID #:4 A copy of the 293 Patent is attached hereto as Exhibit C, which was duly and legally issued on March 28, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,017,294 entitled Wristband/Cinch With Inboard Label Assembly Business Form and Method ( the 294 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 294 Patent is attached hereto as Exhibit D, which was duly and legally issued on March 28, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,222,448 entitled Thermal Wristband/Cinch With Inboard Label Assembly Business Form and Method ( the 448 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 448 Patent is attached hereto as Exhibit E, which was duly and legally issued on May 29, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,325,347 entitled Printer Processable Wristband With Laminating Panels ( the 347 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 347 Patent is attached hereto as Exhibit F, which was duly and legally issued on February 5, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,461,473 entitled Wristband with Clamshell Closure ( the 473 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 473 Patent is attached hereto as Exhibit G, which was duly and legally issued on December 9, Laser Band is the lawful owner of all right, title, and interest in United States Patent No. 7,779,570 entitled Business Form With Wristband Having Clamshell and Strap 4

5 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 5 of 43 PageID #:5 ( the 570 Patent ), including the right to sue and to recover for infringement thereof. A copy of the 570 Patent is attached hereto as Exhibit H, which was duly and legally issued on August 24, PLAINTIFFS BUSINESS AND TRADEMARK AND TRADE DRESS RIGHTS 21. Laser Band was founded in The company has designed, manufactured, and sold business forms that incorporate self-laminating, laser-printable patient identification wristbands ( LASER BAND Products ). Zebra acquired Laser Band in 2012, including Laser Band s trademarks and trade dress rights, and the goodwill associated with such marks and trade dress. 22. ZIH owns U.S. Trademark Registration Nos. 2,550,744, 3,107,795, and 2,849, Zebra has sold and/or continues to sell LASER BAND Products to hospitals and/or medical professionals throughout the United States, including to customers residing in this district. 24. Over the years, Zebra has created and used numerous trademarks and trade dress configurations to serve as source identifiers for Zebra and to distinguish the LASER BAND Products from competitors products. Zebra s LASER BAND, L2, and L3 Marks 25. ZIH owns U.S. trademark registrations for LASER BAND (U.S. Trademark Reg. No. 2,550,744), ( LASERBAND and Design ) (U.S. Reg. No. 3,107,795), and LASERBAND2 (U.S. Reg. No ), as well as common law rights to LASERBAND in connection with business forms that incorporate self-laminating, laser-printable patient 5

6 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 6 of 43 PageID #:6 identification wristbands (collectively, LASER BAND Marks ). Copies of the registration certificates for these marks are attached as Exhibit I. 26. U.S. Trademark Registration Nos. 2,550,744, 3,107,795, and 2,849,741 have been declared incontestable pursuant to 15 U.S.C By virtue of their continuous use in commerce since as early as July 2006, Zebra owns common law trademark rights in L2 and L3 ( L2 and L3 Marks ) in connection with business forms that incorporate self-laminating, laser-printable patient identification wristbands. 28. A representative example of Zebra s use of the LASER BAND Marks and L2 and L3 Marks is included below. 29. The L2 and L3 Marks are unique in the patient identification wristband industry. 6

7 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 7 of 43 PageID #:7 30. The L2 and L3 Marks are not functional. 31. Given Zebra s continuous use of the L2 and L3 Marks over the last 12 years, the L2 and L3 Marks have acquired distinctiveness in the minds of consumers and serve as a source identifier for Zebra and LASER BAND Products. Zebra s Color Blue Trade Dress 32. By virtue of their continuous use in commerce since as early as 2002, Zebra own common law trade dress rights in the color blue ( Color Blue Trade Dress ) in connection with business forms that incorporate self-laminating, laser-printable patient identification wristbands. 33. The representative elements of Zebra s Color Blue Trade Dress include: the color blue applied to business forms to identify the brand and/or model of the patient identification wristbands and show the placement of the patient identification wristbands and/or labels. 34. Representative examples showing Zebra s use of the Color Blue Trade Dress on LASER BAND Products include: 7

8 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 8 of 43 PageID #:8 35. The Color Blue Trade Dress is unique in the patient identification wristband industry. 36. The Color Blue Trade Dress is not functional. 37. Given Zebra s continuous use of the Color Blue Trade Dress, including by and through Laser Band over the last 16 years, the Color Blue Trade Dress has acquired distinctiveness in the minds of consumers and serves as a source identifier for Zebra and LASER BRAND Products. Zebra s Configuration Trade Dress 38. By virtue of their continuous use in commerce since as early as 2006, Zebra owns common law trade dress rights in the design, look and feel, and overall commercial impression of their business forms that incorporate self-laminating, laser-printable patient identification wristbands that it markets under the trademarks L3 ( L3 Trade Dress ), L2 ( L2 Trade Dress ), and 102W3 ( 102W3 Trade Dress ) (collectively, Configuration Trade Dress ). 39. The representative elements of the L3 Trade Dress include: A three-dimensional configuration of a wristband as part of a configuration of a business form. The portion of the business form that comprises the mark is shown in solid lines in the drawing below. 8

9 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 9 of 43 PageID #:9 The location of the portion of the business form that comprises the mark is.313 inches from the right and left sides of the business form, and 0.20 from the top of the business form. 40. The representative elements of the L2 Trade Dress include: A three-dimensional configuration of a wristband as part of a configuration of a business form. The portion of the business form that comprises the mark is shown in solid lines in the drawing below. The location of the portion of the business form that comprises the mark is 0.6 inches from the left side and 0.3 from the right side of the business form, and 0.2 from the top of the business form. 41. The representative elements of the 102W3 Trade Dress include: A threedimensional configuration of a wristband as part of a configuration of a business form. The portion of the business form that comprises the mark is shown in solid lines in the drawing below. 9

10 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 10 of 43 PageID #:10 The location of the portion of the business form that comprises the mark is 0.25 inches from the right and left sides of the business form, and 0.25 from the top of the business form. 42. The Configuration Trade Dress is unique in the patient identification wristband industry. 43. The Configuration Trade Dress is not functional. 44. Zebra s advertisements do not tout any utilitarian advantages of the Configuration Trade Dress. 45. Alterative designs are available that serve the same utilitarian purpose as the Configuration Trade Dress. 46. The Configuration Trade Dress does not result from a comparatively simple or inexpensive manufacturing method. 47. The Configuration Trade Dress is not disclosed in patents. 48. Given Zebra s continuous use of the Configuration Trade Dress over the last 12 years, the Configuration Trade Dress has acquired distinctiveness in the minds of consumers and serves as a source identifier for Zebra and the LASER BAND Products. 10

11 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 11 of 43 PageID #:11 Zebra s Advertising, Revenues, and Associated Goodwill 49. Zebra has expended substantial monies in marketing, advertising, and promoting the LASER BAND Marks, L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress, and, through such marketing, advertising and the sale of LASER BAND Products, has generated substantial goodwill and customer recognition in the LASER BAND Marks, the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress. 50. Zebra uses the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress to advertise the LASER BAND Products throughout the United States, North America, and overseas, including to residents of the Northern District of Illinois, through various media such as catalogs and the website located at < 51. Zebra has derived substantial revenues from their sales of products under the LASER BAND Marks, the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress. 52. As a result of the continuous and extensive marketing and sales of the LASER BAND Products under the LASER BAND Marks, the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress, the LASER BAND Products have come to be, and now are, well and favorably known under the LASER BAND Marks, the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress. Zebra has built valuable goodwill in connection with the LASER BAND Marks, the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress. Such goodwill has been built up long before Defendants misappropriated the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress, or colorable imitations thereof, in connection with their manufacture, marketing and/or sales of Defendants Products. 11

12 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 12 of 43 PageID #: Zebra s rights under the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress are entitled to protection from unfair competition, infringement, and injury to the marks and the goodwill represented by such marks. Defendants Unlawful Acts Typenex Infringement of Plaintiffs Patents 54. On information and belief, Typenex makes, uses, offers to sell, sells, and/or imports into the United States, business forms that incorporate self-laminating, laser-printable patient identification wristbands which it identifies as the Helix AC Laser L3 (Product Code CPO120W) and Helix AC Laser L2 (Product Code CPO121W). 55. On information and belief, Typenex sells and/or offers for sale, the Helix AC Laser L3 (Product Code CPO120W) and Helix AC Laser L2 (Product Code CPO121W) to hospitals and/or medical professionals. Representative examples of infringing Typenex products are shown below: Helix AC Laser L3 (Product Code CPO120W) Helix AC Laser L2 (Product Code CP0121W) 56. The Helix AC Laser L3 (Product Code CPO120W) infringes at least one claim of both the 569 Patent and the 125 Patent. 12

13 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 13 of 43 PageID #: The Helix AC Laser L2 (Product Code CPO121W) infringes at least one claim of the 293 Patent, the 294 Patent, the 448 Patent, the 347 Patent, the 473 Patent, and the 570 Patent. 58. On information and belief, Typenex sales and offers for sale of the Helix AC Laser L3 (Product Code CPO120W) and Helix AC Laser L2 (Product Code CPO121W) have occurred and continue to occur within this judicial district and elsewhere within the United States. 59. Typenex acts have been without the authorization, permission, consent, or knowledge of Zebra. 60. On April 24, 2018, Zebra sent Typenex a letter demanding that it cease its infringing conduct. To date, Typenex continues to infringe the Laser Band patents-in-suit, and as a result, Typenex continued infringement constitutes willful infringement. Defendants Infringement of Zebra s Trademarks and Trade Dress in Violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), Common Law Unfair Competition, and Illinois Uniform Deceptive Trade Practices Act 61. On information and belief, Ward Kraft manufactures and sells business forms that incorporate self-laminating, laser-printable patient identification wristbands, which Typenex markets and sells under the following marks: Helix AC Laser (Adult), Helix AC Laser L2 (Adult), Helix AC Laser L2 (Pediatric/Infant), Helix AC Laser L3 (Adult), FamBand Helix Laser AC, and FamBand Laser ( Typenex Products ), and Ward Kraft markets and sells business forms that incorporate self-laminating, laser-printable patient identification wristbands under the PolyBand mark (collectively, Defendants Products ). 62. On information and belief, Defendants sell and/or offer for sale Defendants Products to distributors, hospitals, and/or medical professionals, including to customers residing in this district. 13

14 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 14 of 43 PageID #: Defendants Products are identical or nearly identical to the LASER BAND Products. 64. Defendants market Defendants Products to the same customers to which Zebra markets the LASER BAND Products. 65. Zebra has used the L2 and L3 Marks, the Color Blue Trade Dress, and/or the Configuration Trade Dress since long before Defendants adopted and began using the L2 and L3 Marks, the Color Blue Trade Dress, and/or the Configuration Trade Dress on Defendants Products. Defendants Use of Zebra s L2 and L3 Marks 66. Defendants incorporate the L2 and L3 Marks into the Helix AC Laser L2 (Adult), Helix AC Laser L2 (Pediatric/Infant), and Helix AC Laser L3 (Adult) trademarks. 67. Typenex uses the L2 and L3 Marks prominently on its website. 68. Representative examples of Defendants use of the L2 and L3 marks are included below. 14

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17 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 17 of 43 PageID #:17 Defendants Use of Zebra s Color Blue Trade Dress 69. Defendants use the Color Blue Trade Dress in connection with the promotion and sale of Defendants Products. 70. Side-by-side comparison of representative examples of LASER BAND Products and Typenex Products using the Color Blue Trade Dress are shown below. (LASER BAND Product) (Typenex Product) (LASER BAND Product) (Typenex Product) (LASER BAND Product) (Typenex Product) 17

18 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 18 of 43 PageID #:18 (LASER BAND Product) (Typenex Product) (LASER BAND Product) (Typenex Product) (LASER BAND Product) (Typenex Product) 71. In addition to manufacturing Defendants Products, Ward Kraft manufacturers, markets, and sells business forms that incorporate self-laminating, laser-printable patient identification wristbands that use the Color Blue Trade Dress ( PolyBand 3 Product ). 72. A side-by-side comparison of a representative example of LASER BAND Products and Ward Kraft s PolyBand 3 Product using the Color Blue Trade Dress is shown below. 18

19 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 19 of 43 PageID #:19 (LASER BAND Product) (Ward Kraft s PolyBand 3 Product) Defendants Use of Zebra s Configuration Trade Dress 73. The Helix AC Laser L3 (Adult), Helix AC Laser 2 (Adult), and Helix AC Laser (Adult), products manufactured by Ward Kraft and promoted, and sold by Typenex copy the L3 Trade Dress, L2 Trade Dress, and 102W3 Trade Dress. 74. Ward Kraft s PolyBand 3 Product copies the L3 Trade Dress. 75. Side-by-side comparisons of the Helix AC Laser L3 (Adult), Helix AC Laser 2 (Adult), Helix AC Laser (Adult), and PolyBand 3 Product with the Configuration Trade Dress are shown below. (L3 Trade Dress) (Typenex Helix AC Laser L3) 19

20 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 20 of 43 PageID #:20 (L3 Trade Dress) (Ward Kraft s PolyBand 3 Product) (L2 Trade Dress) (Typenex Helix AC Laser 2 (Adult)) (102W3 Trade Dress) (Typenex Helix AC Laser (Adult)) Defendants Willful Infringement and Customer Confusion 76. Upon information and belief, Defendants chose to use the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress in connection with Defendants Products to trade on Zebra s established goodwill in the relevant market. 20

21 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 21 of 43 PageID #: As a result of Defendants infringing conduct, actual incidents of confusion have occurred on multiple occasions, with consumers contacting Zebra about ordering Defendants Products. 78. Additionally, the aforesaid acts by Defendants are causing and are likely to continue to cause the purchasing public to believe that Defendants are Zebra s or are somehow connected or affiliated with Zebra, or that Defendants Products are authorized, sponsored or approved by Zebra such that Defendants Products are subject to the same high quality standards as the LASER BAND Products. 79. Zebra has not authorized Defendants to use the L2 and L3 Marks, the Color Blue Trade Dress, or the Configuration Trade Dress. 80. On April 24, 2018, Zebra sent Typenex a letter demanding that it cease its infringing conduct. On May 3, 2018, counsel for Ward Kraft responded to Zebra s cease and desist letter, admitting to manufacturing the infringing Typenex Products. On May 10, 2018, Zebra responded by letter rejecting Defendants authorization to use the LASER BAND Marks, L2 and L3 Marks, the Color Blue Trade Dress, and/or the Configuration Trade Dress. To date, Defendants continue to infringe the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress. 81. As a result of Defendants conduct, Zebra has suffered and continues to suffer irreparable injury to themselves, their reputation, the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress and the goodwill represented by such trademarks and trade dress for which there is no adequate remedy at law, entitling Zebra to injunctive relief. 21

22 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 22 of 43 PageID #:22 Ward Kraft s Misleading Statements of Fact in Violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a) 82. Below is a representative example of Ward Kraft s advertising materials which it distributes to the same customers to which Zebra markets the LASER BAND Products ( Ward Kraft Advertisement ). 83. Ward Kraft did not invent, design, patent, or create the LASER BAND Products. 22

23 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 23 of 43 PageID #: Ward Kraft is not authorized to use the LASER BAND Marks in connection with the sale, offering for sale, distribution, or advertising of Defendants Products. 85. The Ward Kraft Advertisement does not disclose that Ward Kraft had manufactured LASER BAND Products for Zebra under a now expired license by Zebra. 86. Ward Kraft use of LASER BAND Marks in commerce to advertise Ward Kraft products is likely to confuse consumers into mistakenly believing that Ward Kraft is sponsored by or affiliated with Zebra, Laser Band, and/or LASER BAND Products. 87. Ward Kraft s statement in the Ward Kraft Advertisement that it is the original manufacturer of LaserBand is a misleading representation of fact because it is likely to confuse consumers into mistakenly believing that Ward Kraft invented, designed, patented, sold, or was the creator of the LASER BAND Products and/or is the original manufacturer of all LASER BAND Products. 88. Ward Kraft s statement in the Ward Kraft Advertisement that We are the experts in Patient ID Wristbands in proximity to its claim that it is the original manufacturer of LaserBand is material in that it misrepresents the nature, characteristics, and qualities of Ward Kraft s products because consumers will mistakenly believe that Ward Kraft developed its alleged expertise as a result of its inventing, designing, patenting, selling, or creating the LASER BAND Products. 89. The statements in the Ward Kraft Advertisement are material because they are likely to influence the buyer s decision-making process and are likely to divert sales from Zebra to Ward Kraft. 23

24 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 24 of 43 PageID #: Below a representative example that shows Ward Kraft s product guide ( Ward Kraft Product Guide ) which it distributes to the same customers to which Zebra markets and distributes LASER BAND Products. BAND Marks. 91. The Ward Kraft Product Guide does not disclose that ZIH owns the LASER 24

25 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 25 of 43 PageID #: Ward Kraft s inclusion of the statements [w]ork as an alternative to the LB2 Bands!, [l]ines up with competitive bands in the market, and [n]o need for customers to buy special laser printers or special trays establish that Ward Kraft s products, including but not limited to the PolyBand 3 Product, are direct copies of the Configuration Trade Dress. 93. As a result, Ward Kraft s statements in the Ward Kraft Product Guide are misleading because they are likely to confuse consumers into mistakenly believing that Ward Kraft is the source of LASER BAND Products or that Ward Kraft s products are authorized, sponsored or approved by Zebra. 94. The statements in the Ward Kraft Product Guide are material because they are likely to influence the buyer s decision-making process and are likely to divert sales from Zebra to Ward Kraft. 95. As a result of Ward Kraft s conduct, Plaintiffs have suffered and continue to suffer irreparable injury to themselves, their reputation, the LASER BAND Marks, and the goodwill represented by the LASER BAND Marks for which there is no adequate remedy at law, entitling Plaintiffs to injunctive relief. above. COUNT I Typenex Infringement of the 569 Patent 96. Plaintiffs incorporate by reference the allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L3, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 569 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court. 25

26 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 26 of 43 PageID #: On information and belief, Typenex sells and offers for sale the Helix AC Laser L3 that infringes one or more claims of the 569 Patent, including claim 1, which reads as follows: A business form including a sheet with a separable wristband die cut therein, said sheet comprising a lamination ply and a face stock ply, the face stock ply having a die cut defining a wristband print area, the lamination ply having a die cut defining a wristband laminating portion, said laminating portion comprising a pair of offset panels with a pair of straps extending to their sides, at least one of said panels having an asymmetrical transition between it and the other of said panels, and the strap adjacent the asymmetrical transition tapering to a smaller end. 99. On information and belief, the Helix AC Laser L3 comprises a business form including a sheet with a separable wristband die cut therein, the sheet having a face stock ply and a lamination ply. A die cut in the face stock ply defines a wristband print area. A die cut in the lamination ply defines a wristband laminating portion. The wristband laminating portion includes a pair of offset panels with a pair of straps extending to the side of each panel. At least one of the panels has an asymmetrical transition between it and the other panel. The strap adjacent to the asymmetrical transition tapers along its length toward a smaller end Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. above. COUNT II Typenex Infringement of the 125 Patent 101. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L3, that infringes, either literally or under the doctrine of equivalents, one or more claims of the

27 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 27 of 43 PageID #:27 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court On information and belief, Typenex sells and offers for sale the Helix AC Laser L3 that infringes one or more claims of the 125 Patent, including claim 1, which reads as follows: A business form including a sheet with a separable wristband die cut therein, said sheet comprising a lamination ply and a face stock ply, the face stock ply having a die cut defining a wristband print area, the lamination ply having a die cut defining a wristband laminating portion, said laminating portion comprising a pair of offset panels with a pair of straps extending to their sides, at least one of said panels having an asymmetrical transition between it and the other of said panels, wherein the strap associated with the panel having the asymmetrical transition being substantially adhesive free along its length except for a patch of adhesive at its end, and a die cut in said face stock ply to define a protective layer of face stock covering said adhesive patch so that the wristband may be separated from the sheet by separating it at the protective layer On information and belief, the Helix AC Laser L3 comprises a business form including a sheet with a separable wristband die cut therein. The sheet includes a face stock ply and a lamination ply. A die cut in the face stock ply defines a wristband print area. A die cut in the lamination ply defines a wristband laminating portion. The wristband laminating portion includes a pair of offset panels with straps extending to the side of each panel. At least one of the panels has an asymmetrical transition between it and the other panel. The strap associated with the panel having the asymmetrical transition is substantially adhesive free along its length except for a patch of adhesive at its end. The face stock ply includes a die cut in a shape to define a protective layer for the adhesive portion of the strap so the wristband is separated from the business form and the die cut face ply remains on the wristband to form a protective layer for the adhesive. 27

28 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 28 of 43 PageID #: Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. above. COUNT III Typenex Infringement of the 293 Patent 105. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L2, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 293 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court On information and belief, Typenex sells and offers for sale the Helix AC Laser L2 that infringes one or more claims of the 293 Patent, including claim 1, which reads as follows: A business form comprising a self-laminating wristband, said wristband having a printable face ply portion, a lamination layer portion for substantially surrounding the top and bottom of the printable face ply portion, said lamination layer portion comprising two halves, one of which is adhered to the printable face ply portion and the other of which is arranged so as to be foldable over the first half to thereby surround the printable face ply portion, a strap portion extending from a single side of said face ply portion for wrapping about a person s appendage, and an attachment portion for joining the strap portion to the printable face ply portion to thereby attach said wristband to said person s appendage, said strap portion, said lamination layer portion, and said attachment portion being formed in a same lamination ply to thereby adapt said business form for processing through a printer for placing an image on said printable face ply portion On information and belief, the Helix AC Laser L2 comprises a business form including a self-laminating wristband with a printable face ply portion. The business form 28

29 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 29 of 43 PageID #:29 includes a textual instruction to Fold laminate over image area and seal edges. The wristband includes a lamination layer portion to surround the top and bottom of the printable face ply portion. The lamination layer portion includes a first half and a second half. The first half is adhered to the printable face ply portion and the other half is arranged to be foldable over the first half to surround the printable face ply portion. The wristband includes a strap portion extending from a side of the face ply portion and the form includes instructions to thread the strap portion through a slot to secure the wristband to a person s appendage. The wristband includes an attachment portion to enable the strap portion to be attached to the person s appendage. The strap portion, the attachment portion, and the lamination layer portion are formed in the same lamination ply to adapt said business form for processing through a printer for placing an image on said printable face ply portion Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. above. COUNT IV Typenex Infringement of the 294 Patent 110. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L2, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 294 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court. 29

30 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 30 of 43 PageID #: On information and belief, Typenex sells and offers for sale the Helix AC Laser L3 that infringes one or more claims of the 294 Patent, including claim 1, which reads as follows: A business form comprising a self-laminating wristband, said wristband having a printable face ply portion, a lamination layer portion for substantially surrounding the printable face ply portion, a strap portion formed in said lamination layer portion and extending from a single side of said face ply portion for wrapping about a person s appendage, and an attachment portion for joining the strap portion to the printable face ply portion to thereby attach said wristband to said person s appendage, the attachment portion including two slots located on opposite sides of a length of the face ply portion and through at least one of which the strap is inserted to affix the wristband to a patient s appendage, at least one of said slots being at least partially surround by adhesive On information and belief, the Helix AC Laser L2 comprises a business form including a self-laminating wristband with a printable face ply portion. The business form includes a textual instruction to Fold laminate over image area and seal edges. The wristband includes a lamination layer portion that surrounds the printable face ply portion. The wristband includes a strap portion extending from a side of the face ply portion and the form includes instructions to thread the strap portion through a slot to secure the wristband to a person s appendage. The wristband includes an attachment portion to enable the strap portion to be attached to a person s appendage. The attachment portion includes two slots located on opposite side of a length of the face ply portion. The strap is inserted into at least one of the two slots to affix the wristband to the patient s appendage. On the wristband, at least one of the slots is at least partially surrounded by adhesive Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. 30

31 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 31 of 43 PageID #:31 above. COUNT V Typenex Infringement of the 448 Patent 115. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L2, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 448 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court On information and belief, Typenex sells and offers for sale the Helix AC Laser L2 that infringes one or more claims of the 448 Patent, including claim 18, which reads as follows: A multi-layer business form page comprising a self-laminating wristband, said wristband having a printable face ply portion, a lamination layer portion for substantially surrounding the printable face ply portion, a strap portion extending from a single side of said face ply portion for wrapping about a person s appendage, and an attachment portion for joining the strap portion to the printable face ply portion to thereby attach said wristband to said person s appendage, said lamination layer portion comprising a first portion underlying the printable face ply portion and a second portion for folding over said first portion and face ply portion, said second portion being adjoined to an end of said face ply portion opposite from said strap portion On information and belief, the Helix AC Laser L2 comprises a multi-layer business form. The business form includes a self-laminating wristband with a printable face ply portion. The business form includes a textual instruction to Fold laminate over image area and seal edges. The wristband includes a lamination layer portion that surrounds the printable face ply portion. The wristband includes a strap portion extending from a side of the face ply portion and the form includes instructions to thread the strap portion through a slot to secure the wristband to a person s appendage. The wristband includes an attachment portion to enable the 31

32 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 32 of 43 PageID #:32 strap portion to be attached to a person s appendage. The lamination layer portion is comprised of a first portion underlying the printable face ply portion and a second portion for folding over the first portion and the face ply portion. The second portion of the lamination layer portion is joined to an end of the face ply portion opposite from the strap portion Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. above. COUNT VI Typenex Infringement of the 347 Patent 120. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L2, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 347 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court On information and belief, Typenex sells and offers for sale the Helix AC Laser L2 that infringes one or more claims of the 347 Patent, including claim 1, which reads as follows: A business form comprising a self-laminating wristband formed in at least a two ply page-sized form, said wristband having an image receiving face ply portion defined by a die cut in a face ply, and a self-laminating and attachment portion defined by a die cut in a lamination ply, said self laminating and attachment portion including an integrally formed strap portion for encircling a person s appendage, a pair of lamination panels, and a cinch on each of said lamination panels, said lamination panels being arranged to be folded over onto each other and the image receiving face ply portion after separation of the wristband from the pagesized form. 32

33 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 33 of 43 PageID #: On information and belief, the Helix AC Laser L2 comprises a business form including a self-laminating wristband formed in at least a two ply page-sized form. The business form includes a textual instruction to Fold laminate over image area and seal edges. The wristband including a face ply portion having a die cut in face ply. A die cut in the lamination ply defining the self-laminating and attachment portion. The self-laminating and attachment portion including a strap portion for encircling a person s appendage. The wristband includes a pair of lamination panels having a cinch on each side of the panels. Upon separation of the wrist band from the business form, the lamination panels are arranged to be folded over onto each other and the image receiving face ply portion Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. above. COUNT VII Typenex Infringement of the 473 Patent 125. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L2, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 473 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court On information and belief, Typenex sells and offers for sale the Helix AC Laser L2 that infringes one or more claims of the 473 Patent, including claim 1, which reads as follows: A business form approximately sized as a page of a two ply construction, said form having a series of die cuts defining a 33

34 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 34 of 43 PageID #:34 separable self laminating clamshell wristband device having an imaging portion and a clamshell laminating portion for laminating the imaging portion after separation from said page, said clamshell laminating portion thereby forming at least a two ply layer surrounding said imaging portion after laminating said imaging portion, said laminating portion having an integrally formed cinch slot, and a single ply tail portion integrally formed in and extending from at least one side of said laminating portion for insertion through said cinch slot to secure said wristband device about a wearer s wrist, and a second series of die cuts defining a plurality of self adhering labels, the clamshell wristband device after separation from the page being adapted to at least partially encircle a patient s wrist On information and belief, the Helix AC Laser L2 comprises an approximately page-sized business form having two ply construction. The business form includes dies cuts defining a separable self laminating clamshell wristband for laminating an imaging portion after separation from the business form. The business form includes a textual instruction to Fold laminate over image area and seal edges. The clamshell laminating portion forming a two ply layer surrounding the imaging portion after laminating. The laminating portion has an integrally form cinch slot. A single ply strap (tail) portion integrally extends from one side of the laminating portion that can be inserted through the cinch slot to secure the wristband to the wearer s wrist. The business form includes additional die cuts defining a plurality of self adhering labels. The wristband, once separated from the page, is adaptable to at least partially encircle a patient s wrist Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. 34

35 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 35 of 43 PageID #:35 above. COUNT VIII Typenex Infringement of the 570 Patent 130. Plaintiffs incorporate by reference all allegations contained in paragraphs Typenex sells and offers for sale products, including at least the Helix AC Laser L2, that infringes, either literally or under the doctrine of equivalents, one or more claims of the 570 Patent in violation of 35 U.S.C. 271(a). Typenex infringement is ongoing and will continue unless enjoined by this Court On information and belief, Typenex sells and offers for sale the Helix AC Laser L2 that infringes one or more claims of the 570 Patent, including claim 1, which reads as follows: A two ply printer processible business form page having a wristband defined by a die cut therein and being separable therefrom, the wristband comprising a clamshell with an integrally formed elongate member extending from only one end thereof, the clamshell and elongate member being formed in a single ply, each portion of the clamshell being substantially of the same dimensions and having a width greater than that of the elongate member and the elongate member having a length substantially greater than the clamshell length, with the clamshell being at least partially covered with adhesive and with only a portion of said adhesive being exposed when the wristband is separated from the page to thereby be adapted to be folded together after separation thereof from the page and thereby join the wristband On information and belief, the Helix AC Laser L2 comprises a two ply business form processible by a printer. The business form includes a separable wrist band. The shape of the separable wristband is defined by a die cut in a lamination layer. The wristband includes a clamshell with an integrally formed elongate member extending from only one end thereof. The clamshell and the elongate member are part of the lamination layer. The clamshell includes a first portion and a second portion. The first and second portions are of substantially the same 35

36 Case: 1:18-cv Document #: 1 Filed: 07/09/18 Page 36 of 43 PageID #:36 dimension and have widths greater than the width of the elongate member. The elongate member has a length substantially greater than the clamshell length. The clamshell is at least partially covered with adhesive and is covered by face stock. Only a portion of the adhesive is exposed upon separation of the wristband from the business form and thereby the clamshell is adapted to be folded together and joined Typenex infringement has damaged and continues to damage and injure Laser Band. Laser Band s injury is irreparable and will continue unless and until Typenex is enjoined by this Court from further infringement. above. COUNT IX Defendants Unfair Competition And False Designation Of Origin (15 U.S.C. 1125(a)) 135. Plaintiffs incorporate by reference all allegations contained in paragraphs Zebra owns the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress, and such marks and trade dress have become associated with Zebra Zebra did not authorize Defendants to use the L2 and L3 Marks, the Color Blue Trade Dress, or the Configuration Trade Dress Defendants have made, used, exported, imported, marketed, sold and/or offered for sale products, including but not limited to the Helix AC Laser (Adult), Helix AC Laser L2 (Adult), Helix AC Laser L2 (Pediatric/Infant), Helix AC Laser L3 (Adult), FamBand Helix Laser AC, and FamBand Laser products, that infringe the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress Ward Kraft has made, used, exported, imported, marketed, sold and/or offered for sale products, including but not limited to the PolyBand 3 Product that infringe the Color Blue Trade Dress and the Configuration Trade Dress. 36