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U.S. OlSTRICT COURT

DISTRICT OF VEIUWNT
FILED
UNITED STATES DISTRICT COURT
FOR THE
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DISTRICT OF VERMONT
CLERK
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SIDNEY KASTNER,
Plaintiff,
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Docket No: ~ : 14 C.v .. 1'11
V ANBESTCO SCANDANA VIA, AB, and
ICEBUG USA, INC.,
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Sidney Kastner (hereinafter "Kastner"), by and through counsel Brice
Simon, Esq. of Breton & Simon, PLC, hereby complains against the Defendants
Vanbestco Scandanavia AB ("Vanbestco") and Icebug, USA ("Icebug") as follows:
THE PARTIES
1. Sidney Kastner ("Kastner") is a natural person having a residence at 24 Upper Judson
Lane, Stowe, Vermont. Kastner sometimes does business under the name Tracktion
Canada Inc.
2. Vanbestco is, on information and belief, a corporation organized under the laws of
Sweden, with a principal place of business in Sweden and offices in various countries of
the world, including the United States. Vanbestco sometimes does business in the United
States and elsewhere under the name, Icebug USA, Inc. Icebug USA, Inc. is, upon
information and belief, a Washington State Corporation controlled by V anbestco
Scandanavia, AB and its principals.
THE NATURE OF THE ACTION
3. This is an action for infringement of two United States Patents: U.S. Patent Nos.
5,634,283 and 6,915,595. Kastner is the owner of those patents, hereinafter sometimes
"the patents in suit."
4. Vanbestco and Icebug have infringed and are presently infringing the patents in suit by
selling, offering for sale, using and importing into the United States products that infringe
one or more claims of the patents in suit, and by actively inducing other to infringe said
patents.
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SUBJECT MATTER JURISDICTION
5. This action arises under the patent laws of the United States, 35 United States Code
Sections 1 et seq. This Court has subject matter jurisdiction pursuant to 35 U.S.C. 1331
and 1338(a). As to Icebug, the Court has diversity jurisdiction.
PERSONAL JURISDICTION AND VENUE
6. This Court has personal jurisdiction over defendants Vanbestco and Ice bug because
defendants have committed acts of infringement in violation of the patent laws of the
United States, namely, 35 U.S.C. 271 et seq., within this District, namely, by selling,
offering for sale, using, and importing for sale articles of commerce that infringe the
patents in suit. Further, jurisdiction is also premised on the fact that Vanbestco and
Icebug maintain continuous and systematic contacts with this District, including but not
limited to selling infringing products in the District.
7. Venue is properly laid in this Court under 28 U.S.C. Section 1391(b), (c) and (d) and
or 1400(a) because Vanbestco and Icebug are corporations or other entities subject to
personal jurisdiction in the District of Vermont.
THE BASIS OF PATENT INFRINGEMENT
8. The patents in suit comprise the basic patent, U.S. Patent No. 5,634,283, which issued
on June 3, 1997 to plaintiff Kastner. That patent is entitled "Resilient, All Surface Sole,"
and discloses and claims footwear having metal studs such that, when the footwear is
worn, retract under pressure from the weight of the wearer until the tips of the studs are
substantially at the plane of the bottom surface of the footwear. U.S. Patent No.
5,634,283 is unexpired and in full force and effect.
9. The patents in suit also comprise U.S. Patent No. 6,915,595, which issued on July 12,
2005 to plaintiff Kastner. That patent is entitled, "Resilient, All-Surface Soles for
Footwear," and is what may be termed an improvement patent based on the '283 patent. It
discloses and claims the structure of the '283 patent and further, resilient layers in which
the metal studs are embedded. U.S. Patent No. 6,915,595 is also unexpired and in full
force and effect.
10. Both U.S. Patent Nos. 5,634,283 and 6,915,595 have been infringed by defendants
Vanbestco and Icebug, and are presently being so infringed by Vanbestco's and Icebug's
sale, offering for sale, use and importation into the United States and this District of
shoes that incorporate footwear having metal studs and other structures as disclosed and
claimed in both of the patents in suit. Such infringement has been willful and deliberate
because V anbestco, as a former licensee under the patents in suit, and Ice bug, who lists
David Eklund Vanbestco' s agent who was involved with negotiating the license, is well
aware of Kastner's patents and their applicability to the products that Vanbestco and
Icebug markets and sells.
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PRAYERS FOR RELIEF
11. WHEREFORE, plaintiff Sidney Kastner respectfully asks this Court to enter
judgment in favor of Kastner and against defendants Vanbestco Scandanavia AB and
Icebug USA, Inc., and grant the following relief:
A. An adjudication that V anbestco and Ice bug USA, Inc. have infringed the patents in
suit;
B. An accounting for all damages sustained by Kastner as a result ofVanbestco's and
Ice bug USA, Inc.'s acts of infringement;
C. An award to Kastner of such actual damages adequate to compensate Kastner for
Vanbestco's and Icebug USA, Inc.'s infringing acts, together with pre-and post-judgment
interest accrued thereon.
D. An award to Kastner of enhanced damages, up to and trebling of the award of actual
damages, for defendants' willful and deliberate infringement, including damages under
35 U.S.C. 284.
E. An award of the costs of this action, and plaintiffs reasonable attorney's fees, due to
the exceptional nature of this case, or as otherwise permitted under 35 U.S.C. 285.
F. The grant of an injunction permanently enjoining Vanbestco, Ice bug, and their
principals, successors, administrators and assigns from further acts of infringement of
U.S. Patent Nos. 5,634,283 and 6,915,595.
G. Such other and further relief as to this Court shall appear just and equitable.
By:
DATED at Stowe, Vermont this 2"d day of July 2014.
Brice 1mon, Esq.
Breton & Simon, PLC
PO Box 240
344 Mountain Road
Stowe, VT 05672
802.760.6773
info@stoweattomeys.com
Of counsel:
Walter D. Ames, Esq.
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