1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE



Archer Mobility Products, LLC, )
)
Plaintiff, )
)
v. ) Civil Action No. ________
)
Penco Medical, Inc., ) DEMAND FOR JURY TRIAL
)
Defendant. )


ARCHER MOBILITY PRODUCTS, LLC COMPLAINT FOR DECLARATORY
JUDGMENT FOR NON-INFRINGEMENT

Plaintiff Archer Mobility Products, LLC (Archer), through counsel, hereby
brings its Complaint for Declaratory Judgment against Penco Medical, Inc. (Penco),
and alleges as follows:
NATURE OF ACTION
1. This is an action for a declaratory judgment of non-infringement of
United States Patent No. D442,123 (the 123 Patent) under 28 U.S.C. 220l
(Declaratory Judgment Act). Archer also seeks declaratory judgment that the '123 patent
is invalid.
PARTIES
2. Archer is a limited liability New Hampshire company with a principal
place of business at 20 Circle Drive, PO Box 611, Holderness NH 03245.
3. Upon information and belief, Penco is a corporation organized and
existing under the laws of the State of Pennsylvania, with a principal place of business at
One Ice Lake Drive, Mountaintop, PA 18707.
Case 1:14-cv-00257 Document 1 Filed 06/10/14 Page 1 of 6
2

JURISDICTION AND VENUE
4. This is an action arising under the Patent Laws of the United States, 35
U.S.C. 101 and 171 et seq. and the Federal Declaratory Judgment Act, 28 U.S.C.
2201 and 2202.
5. Upon information and belief, this court has personal jurisdiction over
Penco through Pencos purposeful minimum contacts with New Hampshire, by Pencos
transacting of business in this State, through Pencos selling of its goods and services in
connection with the alleged patent which is the subject of the 123 Patent, and through
Pencos contact with Archer.
6. Venue is proper pursuant to 28 U.S.C. 139l(b)-(c) because the events
and communications between the parties that give rise to Archers claim for declaratory
relief occurred in New Hampshire, and because upon information and belief, Penco is
subject to the personal jurisdiction in this Court.
7. An actual case or controversy has arisen between the parties. Penco
demanded that Archer cease and desist from any use and/or sale of Archers Universal
Walker Ski Glides product, and has asked Archer for an accounting of damages in order
to determine the damages owned to Penco.
FACTS
DEFENDANT'S THREAT OF LITIGATION
8. On June 3, 2014 Penco sent a threating letter to Archer which alleged that
the sales, and offering for sale, of Archers' Universal Walker Ski Glides product
constitutes patent infringement and asserted that it would bring a lawsuit against Archer
Case 1:14-cv-00257 Document 1 Filed 06/10/14 Page 2 of 6
3
for said infringement if Archer does not immediately cease and desist their commercial
activities involving their Universal Walker Ski Glides product. Exhibit A.
9. As a result of Penco's threat of litigation and the circumstances
surrounding this threat, an actual, present, and justiciable controversy has arisen between
Archer and Penco regarding Archer's sale of its Top Glide product.
PLAINTIFF'S NON-INFRINGEMENT OF
DEFENDANT'S ALLEGED PATENT

10. The '123 patent is limited in scope to the design set forth in the figures in
the patent.
11. There are many differences between the visual appearance of Archer's
Universal Walker Ski Glides and the design covered by the '123 patent, including
differences in plug shape and ski shape, among others.
12. Archers Universal Walker Ski Glides contains a square plug. In contrast,
Penco's '123 patent has a figure showing the plug as circular in shape.
13. As a further example, the 123 patent figures show the front section of the
base of the glider to have straight lined edges. In contract, Archers Universal Walker Ski
Glides products front section is curved.
14. As a further example, the 123 patent figures show a tab in the plug of the
invention. In contract, Archers Universal Walker Ski Glides products does not contain
any tabs in the plug.
15. Archer's product does not infringe on the '123 patent because an ordinary
observer would not believe that the Archer product is the same or substantially similar to
the design required by the '123 patent.

Case 1:14-cv-00257 Document 1 Filed 06/10/14 Page 3 of 6
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INVALIDITY OF DEFENDANT'S ALLEGED PATENT
16. The '123 patent is invalid and unenforceable for failure to comply with
one or more of the conditions for patentability set forth in the Patent Laws of the United
States Code, Title 35 at least in Sections 102, 103, 112, and 171.
17. The '123 patent should be declared invalid due to the functional nature of
Pencos product.
18. Pencos patent, including, but not limited to, the plug and the glider is
directed to a set of functional features used to support and utilize the walker.
19. Penco cannot legally own or assert design patent rights to a functional
design.
COUNT 1: Declaration of Non-Infringement of Defendant's Alleged Patent
20. Archer repeats and re-alleges each and every allegation set forth in the
preceding paragraphs of this Complaint.
21. Penco has asserted that Archer' sale of its Universal Walker Ski Glides
product infringes the '123 patent and has threatened to bring a lawsuit against Archer. An
actual, present, and justiciable controversy has arisen between Penco and Archer
concerning Archers use and sale of its Universal Walker Ski Glides.
22. Archer seeks declaratory judgment that its manufacture, use, offer for sale,
and/or sale of the Universal Walker Ski Glides product does not infringe on Penco's
alleged design patent, and does not otherwise violate any of Pencos patent rights under
federal law including, but not limited to, 35 U.S.C. 101 and 171, et seq.


Case 1:14-cv-00257 Document 1 Filed 06/10/14 Page 4 of 6
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COUNT 2: Declaration of Invalidity and
Unenforceability of Defendant's Alleged Patent

23. Archer repeats and re-alleges each and every allegation set forth in the
preceding paragraphs of this Complaint.
24. The '123 patent for a walker glide with retractable keyed plug is functional
and should therefore be invalidated.
25. Archer seeks declaratory judgment that the '123 patent is invalid and/or
unenforceable, for at least these grounds, and for any and all other grounds of invalidity
and unenforceability available under federal law, the Patent Act, including, but not
limited to, 35 U.S.C. 102, 103, 112, and 171.
26. Archer reserves the right to amend its allegations and/or this Complaint to
add any further defenses once further discovery has been conducted in this matter.
PRAYER FOR RELIEF
WHEREFORE, pursuant to the Patent Act, 35 U.S.C. 101 and 171, et seq., and
the Federal Declaratory Judgment Act, 28 U.S.C. 2201 and 2202, Archer prays for
relief as follows:
A. Declare that Archer and their customers and suppliers have the right to
make, use, sell, offer for sale the Universal Walker Ski Glides product and that this
product does not infringe Penco's design patent rights, if any rights are established;
B. Declare that Penco's '123 patent entitled "Walker Glide with Retractable
Keyed Plug" is invalid and unenforceable;
C. Award Archer its costs and Attorney's fees under 15 U.S.C. 1117 and 35
U.S.C. 285, and any other applicable laws; and,
D. Awarding such other relief as this Court may deem just and proper.
Case 1:14-cv-00257 Document 1 Filed 06/10/14 Page 5 of 6
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JURY TRIAL DEMAND
Archer demands a trial by jury on all issues triable by right of jury.
Date: June 10, 2014 Respectfully submitted by,
Attorneys for Plaintiff
Archer Mobility Products, LLC

/s/ Gary E. Lambert
Gary E. Lambert (NH Bar #16245)
LAMBERT & ASSOCIATES
92 State Street
Boston, MA 02109
Telephone: (617) 720-0091
Facsimile: (617) 720-6307
lambert@lambertpatentlaw.com


Case 1:14-cv-00257 Document 1 Filed 06/10/14 Page 6 of 6
82286087
Salans FMC SNR Denton
dentons.com
brian.mcginley@dentons.com
D +1816 4602605
Dentons US LLP
4520Main Street
Suite 1100
Kansas City, MO 64111-7700 USA
T +1816 4602400
F +1816 5317545
Brian R. McGi nley
Partner
J une 3, 2014
By FedEx & E-Mail
URGENT
Robert Epp
Manager
Archer Mobility Products, LLC
PO Box 611
Holderness, NH 03245
Robert Epp
Manager
Archer Mobility Products, LLC
20Circle Dr.
Holderness, NH 03245
rob@robepp.com
Re: Notice of Infringement of U.S. Pat. No. D442123
Our Ref. No. 70000814-0004
Dear :
This lawfirmrepresents Penco Medical, Inc. (Penco). Penco owns U.S. Pat. No. D442,123 titled Walker
Glide with Retractable Keyed Plug (the '123 Patent) (copy attached as Exhi bi t A). The '123 Patent
discloses andclaims anornamental designfor a walker glide withretractable key plug.
It has come to our attention that Archer Mobility Products, LLC d/b/a "Top Glides" (Top Glides) appears to
be using, selling, importing and/or offering to sell walker glides within the United States under the mark
TOP GLIDES that infringe the '123 Patent. For example, we have provided printouts from Top Glides'
website at www.topglides.net showing an exemplary "top selling" walker glide design which appears
substantiallyidentical to and withinthe scope of our clients '123 Patent (see Exhi bit B).
Top Glides' aforementioned unauthorized activities violates our clients patent rights, which subjects Top
Glides to claims for monetary damages and injunctive relief and other liabilities including attorney fees
and treble damages for willful infringement, particularly in light of the fact that Penco has provided
constructive notice of its rights at least through marking its own walker glides in accordance with 35
U.S.C. 287.
In addition, we consider it likely that in offering for sale the walker glide designs shown in Exhi bi t B, you
are passing off your glides as Penco products and therefore are in breach of the LanhamAct and similar
state laws governing unfair competition. Resulting confusion amongst consumers is even more likely
given that TopGlides apparently has until recently soldauthorized Penco walker glides under the PENCO
mark throughthe website at www.topglides.net. (See Exhi bi t C)
On Pencos behalf, we demand that you immediately cease and desist fromanyand all direct and indirect
use, sale, or offers to sell within the U.S., or importation into the U.S. of infringing products, or other
commercial activities which violate Pencos legal rights. Without limitation we demand that you
immediately cease and desist from selling or offering for sale those walker glide products illustrated in
Exhibit B and otherwise within the scope of the '123 Patent..
Case 1:14-cv-00257 Document 1-1 Filed 06/10/14 Page 1 of 2
82286087
J une 3, 2014
Page 2
Salans FMC SNR Denton
dentons.com
Without limitation, we further demand that you provide an accounting of damages to Penco and
immediately disclose in writing the identities and locations of all third parties to which you have ever sold
or distributed infringing product, and that you identify the numbers of infringing product you have ever
sold or distributed. We require this information so that we can determine the amount of monetary
damages to which it is entitled.
We must receive your writtenassurances of compliance with these demands no later than5:00 p.m. CDT
J une 12, 2014. If we do not hear fromyou within this timeframe, Penco is preparedto take appropriate
actions to further investigate this matter andprotect its legal rights.
This letter shall not constitute a waiver of, or otherwise prejudice, any of Pencos legal rights, whichare
expressly reserved.
Sincerely,
Dentons US LLP
By:
Brian R. McGinley
cc: Penco Medical, Inc.
Case 1:14-cv-00257 Document 1-1 Filed 06/10/14 Page 2 of 2
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Archer Mobility Products, LLC
Grafton, NH
Gary E. Lambert
Lambert & Associates
92 State Street, Suite 200 Boston, MA 02109
Penco Medical, Inc.
Luzerne, PA
28 U.S.C. 2201 (Declaratory Judgment Act)
Declaratory judgment of non-infringement of patent rights
06/10/2014 /Gary E. Lambert/
Case 1:14-cv-00257 Document 1-2 Filed 06/10/14 Page 1 of 2
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:14-cv-00257 Document 1-2 Filed 06/10/14 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
District of New Hampshire
Archer Mobility Products, LLC
Penco Medical, Inc.
Penco Medical, Inc.
One Ice Lake Drive
Mountaintop, PA 18707
Gary E. Lambert
Lambert & Associates
92 State Street
Suite 200
Boston, MA 02109
Case 1:14-cv-00257 Document 1-3 Filed 06/10/14 Page 1 of 2
AO 440 (Rev. 06/12) 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) .
I personally served the summons on the individual at (place)
on (date) ; or
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
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
I returned the summons unexecuted because ; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00
Case 1:14-cv-00257 Document 1-3 Filed 06/10/14 Page 2 of 2