Beta Calco Inc. v. Scott Lamp - Complaint

1
IN UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

BETA-CALCO, INC.
25 Kodiak Crescent
Toronto, Ontario
M3J 3E5
Canada

Plaintiff,

v.

SCOTT ARCHITECTURAL LIGHTING and
SCOTT LAMP CO., INC.
355 Watt Drive
Fairfield CA 94534

Defendant.

Civil Action No.

JUDGE

COMPLAINT

JURY TRIAL DEMAND

For its Complaint against Scott Architectural Lighting (Scott Lighting) and Scott Lamp
Co., Inc. (Scott Lamp) (collectively with Scott Lighting, Scott), Beta-Calco, Inc. (Beta-Calco)
states as follows:
THE PARTIES
1. Beta-Calco is a corporation organized and existing under the laws of the Province of
Ontario, Canada, having its principal place of business at 25 Kodiak Crescent, Toronto, Ontario,
M3J 3E5, Canada. Beta-Calco is a leader in the design and manufacture of architectural lighting
products.
2. On information and belief, Scott Lamp Company, Inc., is a corporation organized
and existing under the laws of California, having its principal place of business at 355 Watt Drive,
Fairfield, California 94534.
Case: 5:13-cv-01543 Doc #: 1 Filed: 07/17/13 1 of 6. PageID #: 1
2

3. On information and belief, Scott Architectural Lighting is a sister company or
division of Scott Lamp and has its principal place of business at 355 Watt Drive, Fairfield, California
94534.
4. On information and belief, Scott manufactures and sells architectural lighting
products.
JURISDICTION AND VENUE
5. This is a civil action, arising under the patent statutes, 35 U.S.C. 101 et seq., and in
particular 35 U.S.C. 271, 281 and 289, against Scott for infringement of United States Design
Patent No. D574,993 (the 993 Patent). A true and accurate copy of the 993 Patent is attached as
Exhibit A.
6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).
7. Scott is subject to the personal jurisdiction of this Court and venue is proper in this
District because, on information and belief, Scott engages in continuous and systematic business
within this district.
8. Scott is subject to the personal jurisdiction of this Court and venue is proper in this
District also because, on information and belief, Scott is selling and offering to sell its accused
products in this judicial district, including to Lighting Dynamics Inc., located at 211 Springside
Drive, Akron, Ohio 44333, and has placed its accused products into the stream of commerce in this
judicial district.
9. Venue in the Northern District of Ohio is proper pursuant to 28 U.S.C.
1391(b)(2) or (3) and 1400(b).
3

COUNT I: INFRINGEMENT OF THE 993 PATENT

10. Beta-Calco incorporates by reference herein the allegations of Paragraphs 1-9 of this
Complaint.
11. Beta-Calco is the owner by way of assignment of the 993 Patent entitled LIGHT
FIXTURE. The 993 Patent was duly and legally issued by the United States Patent and Trademark
Office (USPTO) on August 12, 2008. The 993 Patent is in force and effect and is presumed valid
under the U.S. patent laws.
12. Upon information and belief, Scott has been, and is, directly infringing the 993
Patent by making, using, selling and/or offering for sale light fixtures, including Scotts S2560 model
pendant light fixture (the S2560), that infringe the ornamental design claim of the 993 Patent. A
true and accurate copy of Scotts catalog for the S2560 pendant light fixture is attached as Exhibit
B. A comparison of the light fixture of the 993 Patent and the S2560 pendant light fixture is shown
below:
The 993 Patent The S2560

4

13. As shown in paragraph 12, based on a visual comparison of the pictured design of
the 993 Patent and the design of the S2560, an ordinary observer, giving such attention as a
purchaser usually gives, would consider the two designs to be substantially the same. Both designs
have an exterior frusto-conical housing that is generally transparent and an interior cylindrical
housing for a source of light that is visible through the exterior housing. Additionally, the lower
portion of the exterior housing of both designs is not generally transparent.
14. On March 28, 2013, Beta-Calco, by way of its counsel, sent a notice of infringement
letter to Scott. On information and belief, as of March 29, 2013, Scott was aware of Beta-Calcos
allegation that the S2560 infringes the 993 Patent.
15. On or about April 3, 2013, Scott responded to Beta-Calcos notice letter. A true and
accurate copy of the April 3, 2013 letter is attached as Exhibit C. Beta-Calco and Scott exchanged
additional correspondence dated May 1, 2013 and May 17, 2013. A true and accurate copy of Beta-
Calcos May 1, 2013 letter to Scott is attached as Exhibit D. A true and accurate copy of Scotts
May 17, 2013 letter to Beta-Calco is attached as Exhibit E.
16. Scott has knowingly and willfully infringed the 993 Patent. Scott will continue to
infringe the 993 Patent, causing Beta-Calco substantial and irreparable damage, unless enjoined by
this Court.
17. Beta-Calco will be greatly, immediately and irreparably harmed unless the Court
enjoins Scott and its agents, affiliates, servants, employees, attorneys, representatives, and all others
acting on their behalf from infringing the 993 Patent.
18. Beta-Calco has also suffered monetary damages in an amount not yet determined
because of Scotts infringement of the 993 Patent.
5

PRAYER FOR RELIEF
Beta-Calco prays for the following relief:
(a) A judgment that Scott has infringed the 993 Patent and continues to do so;
(b) A judgment that Scotts infringement of the 993 Patent has been willful;
(c) A judgment against Scott awarding Beta-Calco damages equal to all revenues and
profits derived by Scott from Scotts infringement of the 993 Patent pursuant to 35
U.S.C. 289;
(d) A judgment against Scott awarding Beta-Calco damages suffered pursuant to 35
U.S.C. 284 on account of Scotts infringement of the 993 Patent;
(e) A judgment that Beta-Calco damages be trebled pursuant to 35 U.S.C. 284 and
that punitive damages be assessed against Scott;
(f) A permanent injunction against Scott and any entity acting in concert with it,
pursuant to 35 U.S.C. 283, preventing Scott and any such entity from infringing the
993 Patent;
(g) A judgment that this is an exceptional case and that Beta-Calco be awarded
reasonable attorney fees pursuant to 35 U.S.C. 285; and
(h) A judgment that Scott be directed to pay Beta-Calco its costs incurred herein and
such other and further relief as the Court deems just and equitable.
JURY DEMAND
Beta-Calco respectfully requests a trial by jury for all issues so triable.

6

Dated: July 17, 2013 Respectfully submitted,

s/Nicholas J. Gingo
Mark C. Johnson (0072625)
Nicholas J. Gingo (0083684)
RENNER, OTTO, BOISSELLE & SKLAR, LLP
1621 Euclid Avenue, Nineteenth Floor
Cleveland, Ohio 44115
Telephone: (216) 621-1113
Facsimile: (216) 621-6165

Attorneys for Beta-Calco, Inc.

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RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
BETA-CALCO, INC.
N/A
Mark C. Johnson (0072625) and Nicholas J. Gingo (0083684)
Renner, Otto, Boisselle & Sklar, LLP - 1621 Euclid Ave., 19th Floor -
Cleveland, OH 44115 - (216) 621-1113
SCOTT ARCHITECTURAL LIGHTING and
35 U.S.C. 271, 281 and 289
Patent infringement
07/17/2013 /s/Nicholas J. Gingo
Case: 5:13-cv-01543 Doc #: 1-1 Filed: 07/17/13 1 of 3. PageID #: 7
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AO 440 (Rev. 12/09) Summons in a Civil Action
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__________ District of __________
)
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)
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Northern District of Ohio
BETA-CALCO, INC.
SCOTT ARCHITECTURAL LIGHTING and SCOTT
LAMP CO., INC.
355 Watt Drive
Fairfield, CA 94534
Mark C. Johnson
Renner, Otto, Boisselle & Sklar, LLP
1621 Euclid Ave., 19th Floor
Cleveland, OH 44115
(216) 621-1113
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
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AO 440 (Rev. 12/09) Summons in a Civil Action
for the
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)
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
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Northern District of Ohio
BETA-CALCO, INC.
SCOTT ARCHITECTURAL LIGHTING and SCOTT
LAMP CO., INC.
SCOTT ARCHITECTURAL LIGHTING
355 Watt Drive
Fairfield, CA 94534
Mark C. Johnson
Renner, Otto, Boisselle & Sklar, LLP
1621 Euclid Ave., 19th Floor
Cleveland, OH 44115
(216) 621-1113
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
u I personally served the summons on the individual at (place)
on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
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US00D574993S
( 1 2 ) United States Design Patent a o ) Pa tent NO.:
Silver ( 45) Da te o f Pa tent:
US D574,993 S
** Aug. 12,2008
( 54) LIGHT FIXTURE
( 75) Invento r: Remy Silver, To ro nto ( CA)
( 73) Assignee: Beta Calco Inc., Onta rio ( CA)
( **) Term: 1 4 Years
( 21) Appl.No .: 2 9/2 84,575
( 22) Filed: Sep. 1 1 , 2 007
( 30) Foreign Application Priority Data
Ma r. 14, 2007 ( CA) 119893
( 51) LOC( 8) Cl 2 6-03
( 52 ) U.S. CI D2 6/88; D26/128
( 58) Field of Classification Search D26/72,
D26/84, 85, 86, 88-91, 118, 128, 130, 131,
D26/135, 137; 362/147, 404, 407
See a pplica tio n file fo r co mplete sea rch histo ry.
( 56) References Cited
U.S. PATENT DOCUMENTS
5,134,554 A * 7/1992 Do na to et a l 362/407
D433,526 S * 11/2000 Minissi et a l D26/88
D518,914 S * 4/2006 Bra nner D26/88
7,249,871 B2* 7/2007 Chen 362/407
D563,021 S * 2/2008 Hetfieldeta l D26/72
i ! i
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D563,025 S * 2/2008 Hetfieldeta l D26/72
OTHER PUBLICATIONS
Ha nging Penda nts sho wn in pho to o n p. 195 o f the IKEA 2005
ca ta lo g.*
Gla ss sha de #SC-276 o n p. 224 o f the Aug. 1997 issue o f Ta iwa n
Lighting.*
"Co ne" fixtures #503R a nd #501P by Electro line. p. 85 o f the Ma y
2001 issue o f Ta iwa n Lighting.*
* cited by exa miner
Primary ExaminerCla re E Heflin
( 74) Attorney, Agent, or FirmRenner, Otto , Bo isselle &
Skla r, LLP
( 57) CLAIM
The o rna menta l design fo r a light fixture, a s sho wn a nd
described.
DESCRIPTION
FIG. 1 is a side view o f the light fixture sho wing my new
design.
FIG. 2 is a perspective view o f the light fixture sho wn in FIG.
1; a nd,
FIG. 3 is bo tto m view o f the light fixture sho wn in FIG. 1.
The bro ken lines sho wn o n the dra wings a re fo r illustra tive
purpo ses o nly a nd fo rm no pa rt o f the cla imed design.
1 Claim, 1 Drawing Sheet
^
A
U.S. Patent Aug. 12,2008 US D574.993 S
FIG. 1
FIG. 2
rr"
FIG. 3
S2560-1C42T-WH
B
P
e
n
d
a
n
t
s
355 WATT DRIVE FAIRFIELD, CA 94534 TEL (707) 864-2172 FAX (707) 864-2182
www.scottarchlighting.com
Scott Architectural Lighting Reserves The Right To Make Design Changes Without Prior Notice
BASE ADD ADD
DIMENSIONS MODEL LAMP FINISH
W H X NO. CODE CODE
10-1/2 96 16-1/4 S2560 * 1C42T BA, PT
Order as a Complete Unit: Model No. + Lamp Code + Finish Code + Option Code + Voltage
ORDERING INFORMATION
TECHNICAL SPECIFICATIONS FINISHES OPTIONS
LAMPING FEATURES
C42T = 42 Watt Triple Tube Compact Fluorescent 4 Pin Electronic, GX24Q-4 Base
EM Emergency Battery Pack
with Fluorescent Lighting
(Integral)
OA Specify Overall Height of
Fixture in Inches; E.G. OA48
DIM Dimmable Integral Ballast
(Consult Factory)
SB2 Clear Silver Braided Cord with
Two Adjustable Aircraft Cables
Ballast: High Power Factor,
Electronic, 120/277
Mounting: Mounts to all Standard Electrical
Junction Boxes (by others) with
Hardware Provided
BA Brushed Aluminum
PT Painted Finishes
(Specify Color Code from
Our Standard Finish Chart)
White SJ Cord with Two Adjustable
Aircraft Cables
Integral Ballast
Clear Glass Cone with Frosted Bottom Trim
Opal Matte Glass Cylinder with Aluminum
Downlight Reflector
* Configuration operates C26T, C32T or
C42T lamp options and can be labeled up
to the highest wattage allowed
Renner, Otto, Boiselle & Sklar, LLP
1621 Euclid A venue
Nineteenth Floor
Cleveland, Ohio 44115-2191
ATTN: Christopher B. Jacobs
April 3, 2013
RE: Infringement of U.S. Design Patents Nos. D574,993 and D561,928
Ref: SMAR GO 103
Dear Mr. Jacobs:
We do not intend to violate any design patents that are currently in effect. In early automotive history,
Henry Ford sought to supply the masses with an affordable automobile; his progress in doing so was
slowed by ALAM, Association of Licensed Automobile Manufacturers, which claimed to have 25 patents
covering the automobile and did not allow Ford a license to manufacture autos. Ford took the ALAM to
court and as we all know from history, Ford won and all patents held by ALAM were found to be invalid.
With reference to our models you have in question, our S2401 Series is substantially different than the
Beta-Calco item you reference. See our drawing (enclosed) representing this series, as well see the item of
other manufacturers that are visually similar, Winona and Visa. Your claim is eerily reminiscent of the
ALAM claims against Henry Ford.
As for our pendant, S2560, it is by far, substantially different from the Beta-Calco item you reference.
Please further be put on notice that further bullying-type attempts to curtail the items produced by Scott
Lamp Company and Scott Architectural will be met with appropriate actions on our part.
Dennis J. Scott
P r ~ ~ ~
E n ~
355 Watt Drive Fairfield, CA 94534 PH (707) 864-2066 FAX (707) 864-2076
www .sco ttlamp. com
C
8" SQ. --- 1 - - 1
OVERALL
HIEGHT
TO BE
ADVISED
29 3/4"
0
0
0
0
0
0
CANOPY
(/> l /16" STAINLESS STEEL
CABLE
CLEAR SILVER BRAIDED
ELECTRICAL CORD
(4) OPAL MATTE
ACRYLIC PANELS
n
( 13 7 /8" )
el
ISOMETRIC VIEW
EGG CRATE
LOUVERS
l- 13 7/8" SQ. _j
ELEVATION VIEW

U.L. LISTED
FLUORESCENT FIXTURE
BOTTOM VIEW
ITEM NUMBER:
PEN DANT - 52401 -SERI ES
ARCHITECTURAL
LIGHTING
355 WATTDRIVE
' FAIRFIELD, CA 94534
PH: (707)864-2172
FAX: (707)864-2182
LAMPING (BY OTHERS) : TYPE: WEIGHT: DWG NUMBER:
(4) 40 WATT BIAX COMPACT FLUORESCENT 4 PIN
FINISH: VOLTAGE: SCALE: DATE
(BA) BRUSHED ALUMINUM 120/ 277 N/ A XX-XX-XX
COMMENTS: APP BY: DRAWN BY: REVISION:
Winona Lighting I Decorative I Pendants I 5600 Page 1 of 1
http://www.winonalighting.com/products/ decorative/pendants/ 5600 4/2/2013
--
, , d 8 c
I
4
_
114
.. II IMB (Surface Mount)
canopy detail
Ls .. J
11-1/4"
5600-10
Weight Hanging (lbs.)
F39T5, F39T5/H75 I 5600-8
F54T5, F54T5/H75 / 5600-8
F / 5600-10
F/H100 / 5600-10
F/MH100 / 5600-10
13-1/4"
G
5600-12
35 lbs.
40 lbs.
33 lbs.
35 lbs.
37 lbs.

5600-8
F39T5or
F39T5/H75
F / 5600-12
F/H250 / 5600-12
FIMH100 / 5600-12
all pendants over 50 lbs. require additional hanging support.
Notes: Iii:\
UL listed and cUL approved
Winona Lighting products are union made.
Custom Sizes and Finishes available upon request
All Fluorescent fixtures available in 120V and 277V.
Winona Lighting reserves the right to make design
changes without prior notice.
Lamps not included.
L-J
8-3/4"

5600-8
F54T5 or
F54T5/H75
38 lbs.
40 lbs.
42 lbs.
1, ______ ..,
CATALOG#
2 -------;
STEM OPTION
3. - - -----<
LAMPING
4, ______ _
VOLTAGE
5. ______ _
LENS OPTION
6 -------<
FINISH
1 -------;
BALLAST
8, ______ ..,
SPECIAL
Modification
Descriptions:
(if needed)
wi1111
3760 west fourth street winona, minnesota 55987 507 - 454 - 5113 fax: 507 - 454 - 1814
I I I I I I I I www.winonalighting.com

56008
5600-10
5600-12
CSM =CABLE STEM MOUNT
SSTM =SINGLE STEM MOUNT
5600-8
F39T5 = (4) F39T5HO/MINI Bl-PIN
F54T5 = (4) F54T5HO/MINI Bl-PIN
F39T5/H75= (4) F39T5HO/MINI Bl-PI N &
(1) 75W PAR 30 (halogen downlight)
F54T5/H75= (4) F54T5HO/MINI Bl-PI N &
(1) 75W PAR 30 (halogen downlight)
5600-10
F = (4) FT40W/2G11
F/H100 = (4) FT40W/2G11 &
( 1) 1 OOW PAR 38 (halogen downlight)
F/MH100 = (4) FT40W/2G11 &
(1) 100W PAR 38 (metal halide downlighl)
5600-12
F = (4) FT40W/2G11
F/H250 = (4) FT40W/2G11 &
( 1) 250W PAR 38 (halogen downlight)
F/MH100 = (4) FT40W/2G11 &
(1) 100W PAR 38 (metal halide downlighl)
120V = 120 VOLT (halogen option 120V only)
277V = 277 VOLT
OA = OPAL ACRYLIC (etched)
SA1 =VERTICAL PATTERN ACRYLIC (etched)
SA2 =GRID PATTERN ACRYLIC (etched)
SA3 =DOT PATTERN ACRYLIC (etched)
SA4 =WEAVE PATTERN ACRYLIC (etched)
STANDARD
BAL =BRUSHED ALUMINUM
LBP =LIGHT BRONZE PAINT WITH BRUSHED TEXTURE
CUSTOM
CPF =CUSTOM PAINTED FINISH (consult factory)
CMF =CUSTOM METAL FINISH (consult factory)
IMB
RMB
= INTEGRAL ELECTRONIC (see canopy detail I MH downlighl only)
= REMOTE MOUNT MAGNETIC (MH downlighl only)
STD
MOD
=STANDARD
=MODIFIED
Revised: 10-26-11 Page 1of1
Delray Lighting Inc I Kone Glass Pendants
Decorative Pendants KONE
Click on thumbnail for larger view. (Popup blocker must be
disabled, scripts enabled.)
610 611 620
621 622 623
6010
m ~ BIM
http:// delray lighting. com/kone.html
~ Interactive PDF Spec Sheet
~ Photometry Report
(Right click to download IES file)
mM Revit files ~ Redirect to
Autodesk Seek
KONE Instructions (PDF):
Pendant Installation
Page 1 of 1
More Gloss-Pendants
Vtew All Products
4/4/2013
KONE CLEAR GLASS LUMINAIRE WITH DOWNLIGHT
KONE CLEAR PENDANT
Canopy mounts to standard )-box.
Compact fluotrescent electronic
ballast fits inside fixture for easy
access, metal halide ballast is in
canopy. Pendant is 45" standard
with push button adjustable
aircraft cable. Finish is silver with
braided power cord. Glass shade
is opal inside, clear outside,
for general illumination with clad
aluminum downlight releccor
for task lighting. Fixtures have
a twist lock socket for secure,
easy relamping. Dimming and
emergency battery backup is
available for CFL. U.L. listed for
damp locations.
KONE CLEAR SURFACE
Canopy mounts to standard
) -box. Electronic ballast fits on
backplate for easy access. Finish
is silver. The dear glass shade
is removable without tools and
is for general illumination, an
interior clad aluminum downlight
relecror for task lighting. Fixtures
feature twist lock socket for secure,
easy relamping. Dimming and
emergency options are not available.
U.L. listed for damp locations.
TYPE:
ORDER NUMBER:
I select I I sel ect I I sel ect
Model# Wattage Voltage
26, 32 or 42 1- 120V
2-277V
Example:
6202
II
26
11
6202.
Fluorescent
6201
Fluorescent
9J
+-9.s -+
PROJECT:
I I select I I sel ect
Option
EM-Emergency battery
(pendant only).
Dimming only for
items marked +.
Choose D3, D4, DS, DB
or D9. (See Back Page)
11
EM
6202EM
Fluorescent
t-5.5"---t
1
50.S"
-+
BURBANK,
CALIFORNIA,
91505
WWW.
DELRAY
LIGHTING.
"'
0
"' m
COM
w
u.
,
FLUORESCENT
142W PLY
CP DISTRIBUTION
180 ISO'
120
314
628
60'
942
COEFFICIENTS OF UTILIZATION
% CEILING 80 (20% FLOOR)
% WALL 70 50 30
0 73 73 73
1 65 61 58
2 59 54 49
3 54 48 42
4 50 43 37
5 46 39 33
6 43 35 30
7 40 32 27
8 37 29 24
9 35 27 22
JO 33 25 20
6202.42
l -42W triple rube
G24q-3 electronic twist lock socket
Total lumens: 3200
Spacing criteria: .78
NOTES
BALLAST INFO
DIMMING
Ballast mounted inside fooure.
Dimming only available for
items marked t on page 1.
Voltage must be specified.
Controls lumen output down
to 5%.
Compatible dimmers required
for all ballasts.
D3 Advance Mark X for 26, 32
or42Wlamp.
D4 Lutron Tu-Wire for 26 or
32W lamp. 120V only.
D5 Advance Mark Vll for 26,
32 or 42W lamp.
DB Lutron Hi-Lume 1 % for 26
or 32W lamp. Controls lumen
output down to 1 %.
D9 Lutron EcoSystem for 18,
26, 32 or 42W lamp. Controls
lumen output down to 5%.
EMERGENCY
Voltage must be specified.
EM emergency power provides
650 lumens for one lamp for
90 minutes. Ht.= 15.25"
EM 13 emergency power provides
1300 lumens for one lamp for
90 minutes. Ht.=19"
50.5''
-+
OPTIONS
AL-Acrylic Lens. For security and
food service installations.
Use with CFL lamps only.
D
E

Beta Calco Inc. v. Scott Lamp - Complaint

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Beta Calco Inc. v. Scott Lamp - Complaint

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IN UNITED STATES DISTRICT COURT

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