Lerman Container v. Lids and Jars - Complaint

Case 1:19-cv-01414-DKC Document 1 Filed 05/14/19 Page 1 of 9
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
LERMAN CONTAINER CORP., Civil Action No.

4286 West Main Street
Jupiter, Florida 33458 Complaint
Plaintiff,
V.
LIDS AND JARS, L.L.C.,

7395 Washington Boulevard, Suite 107
Elkridge, Maryland 21075
SERVE ON:
Arnold Heckman, Resident Agent
7395 Washington Boulevard
Suite 107
Defendant.
Plaintiff Lerman Container Corp. d/b/a eBottles.com (“Plaintiff’ or “eBottles.com”),
through its undersigned counsel, complains and alleges against defendant Lids and Jars, L.L.C.
d/b/a Cannaline (“Defendanf ’ or “Cannaline”) as follows:
NATURE OF THE ACTION
1. Plaintiff is a leading manufacturer and distributor of bottles and jars, including its
Thick Wall Glass Concentrate Jar product, the design of which is protected by United States
Design Patent No. D781,151 S. On information and belief. Defendant is distributing, marketing,
offering for sale and selling a concentrate jar that is substantially the same to Plaintiffs patented
design, in violation of 35 U.S.C. § 271.
JURISDICTION AND VENUE
2. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§1331 and 1338 as it arises under the patent laws of the United States.
3. This Court has personal jurisdiction over Defendant because Defendant’s business
office is located in this District.
4. Venue is proper in this district pursuant to 28 U.S.C. § 1440(b).
THE PARTIES
5. Lerman Container Corp. is a corporation organized under the laws of the State of
Florida, with a principal place of business at the street address 4286 West Main Street, Jupiter,
Florida 33458.
6. On information and belief, Defendant is a limited liability company organized
under the laws of Maryland, with a principal office and regular place of business in this District at
the street address 7395 Washington Boulevard, Suite 107, Elkridge, Maryland 21075.
7. On information and belief. Defendant operates under the trade name “Cannaline”.
FACTUAL BACKGROUND
A. PlaintifUs Jar and Patent
8. Plaintiff is a leading supplier of bottles, jars, tins, closures, pumps, sprayers, and
shrink bands to companies located throughout the United States and around the world.
9. With more than thirty-five years of experience serving the needs of consumer
product companies, Plaintiffs principals have worked to streamline the proeess of buying bottles
and other product receptacles.
10. Plaintiff supplies bottles and other items to companies across a wide spectrum of
industries, including, among others, pace-setting eompanies in the fields of cannabis, medicine
and pharmaceuticals, beauty and cosmeties, hospitality, engineering, entertainment, and restaurant
services.
11. By way of example, eBottles.com counts such famed brands as Bayer, Boeing,
General Electric, General Motors, Fox, L’Oreal, and McDonalds among its customers.
12. Among the products designed and marketed by Plaintiff is its Thick Wall Glass
Concentrate Jar, an elegant, symmetrical jar designed and marketed for use with concentrates,
photographs of which are below (the “Concentrate Jar”):
13. On March 14, 2017, the United States Patent and Trademark Office duly and
lawfully issued United States Design Patent No. D781,151 S, entitled “JAR” that protects the
ornamental design of one configuration of the Concentrate Jar (the “D ‘151 Patenf’). A true and
correct copy of the D ‘ 151 Patent is attached hereto as Exhibit 1.
14. On April 27, 2018, Robert Lerman, the sole inventor of the D ‘ 151 Patent, assigned
all right, title and interest in the D ‘151 Patent to Plaintiff. Since that date. Plaintiff has been the
owner of the D ‘ 151 Patent.
15. Plaintiff is the exclusive authorized manufacturer and distributor of all commercial
embodiments of D ‘151 Patent in the retail market in the United States.
16. Plaintiffs website (accessible at www.ebottles.com) includes express, prominent
notice of Plaintiff s patent rights in the Concentrate Jar, explicitly referencing the D ‘151 Patent:
Call Us
561-203-2779 Orders placed by
e BOTTLES.COM Mon-Ri 9-5 EST / Habiamos Espano!
- No Minimum Order -
12pm EST Mon - Fri
ship the same day.
the easy way to buy bottles ViewCart^y | Sign In
WHOLESALE PRICING
Home > Glass Bottles And Jars > THICK WALL GLASS CONCENTRATE JARS • CHILD RESISTANT - GLASS (Patent# 0781,151 0797.559)
Choose new Teflon-lined closures for sticky THICK WALL GLASS

distillates, high terpene extracts, and sauce CONCENTRATE JARS - CHILD
RESISTANT - GLASS (PATENT#
□781,151, 0797,559)
ITEM CODE# 1575
NEWII The perfect jars for concentrates. Cosmetic quality thickwall
5 ml 15 ml glass makes for the perfect dab application. Clear, live resin, wax,
shatter - all your products are better in glassi Flat bottom design
allows you to label lid and base of the jar Designed to work with child
resistant closures for an elegant symmetric look. Choose our "Smooth
Top" closures to apply a label on the top of the closures
Our 5 ml and 9 ml concentrate jars are patented U S. PAT. NOS.
Qiscounts More info
Discounts are not applicable for these packages. Our best prices are
listed here with the purchase of one case. Negotiated pricing is
available for quantities of 50,000 or more. Please contact us to
discuss volume pricing.
ajguestion about this bottle.
Child Resistant Protocol Testing Certificates- all other sizes HERE'S HOW TO ORDER:
step 1: Select Bottle or Jar Below
eBoltles com Announces Award of US Desion Patent D781.151
Step 2: Select Closure or Pump on the next page
Size Closure
(Ch* loi Color Options Quantity Price Each
' (wlUitml clusuie)
(see below)
17. Plaintiff sells the Concentrate Jar to wholesalers, retailers and consumers directly
through the eBottles.com website.
B. Defendant’s Infringing Activities
18. On information and belief, Defendant operates a website, www.cannaline.com,
through which it markets its child-resistant boxes, bags and bottles.
19. Defendant’s principal place of business is located in this district, and as such its
sales are all made from this district, including sales to customers in this district.
20. On information and belief. Defendant’s infringing products, include, but are not
limited to, the infringing jar pictured below (the “Infringing Jar”), true and correct photographs of
which are below:

21. Upon discovering Defendant’s sale of the Infringing Jar, Plaintiffs counsel sent a
letter to Defendant’s offices on Mareh 27, 2019 alerting Defendant that its distribution and use of
the Infringing Jar violated Plaintiffs rights in the D ‘151 Patent, and demanding that it cease and
desist the infringement. A true and correct copy of Plaintiffs March 27 letter is attached as
Exhibit 2.
22. On information and belief. Defendant has continued to sell products infringing the
D ‘151 Patent notwithstanding its knowledge of the D ‘151 Patent and the infringement.
23. The overall appearance of the designs of the D ‘151 Patent and the eorresponding
design of the Infringing Jar are substantially the same.
24. An ordinary observer will perceive the overall appearance of the designs of the D
‘151 Patent and the corresponding design of the Infringing Jar to be substantially the same.
25. Table 1 below compares the true and correct images of the D ‘151 Patent to true
and correct photographs of the Infringing Jar.

D ‘151 Patent Figures Infringing Jar
..... , ^
V 'v
>
26. Defendant’s development, manufacture, exporting, importing, shipment,
distribution, promotion, advertising, marketing, sale, and/or offering for sale of the Infringing Jar
infringes upon Plaintiffs valuable, exclusive rights in the D ‘151 Patent.
27. Defendant’s acts have caused and continue to cause Plaintiff to suffer irreparable
injury to its business. Plaintiff has suffered and will continue to suffer substantial loss of goodwill
and reputation unless and until Defendant is permanently enjoined from its infringement as set
forth herein.
28. Defendant is not, now or at any time, licensed under the D ‘ 151 Patent.
29. Defendant’s infringement has been willful.

COUNT I
Patent Infringement in Violation of 35 U.S.C. § 271
30. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs
as if fully set forth herein.
31. On information and belief, Defendant is now, and has been, directly infringing the
D ‘151 Patent. Defendant is violating 35 U.S.C. §271 by selling, offering to sell, making or using
the Infringing Jar in the United States.
32. Defendant has had knowledge of the D ‘151 patent at least as early as March 27,
2019. Defendant’s acts of infringement of the D ‘ 151 Patent were undertaken without permission
or license from Plaintiff.
33. Defendant’s infringement of the D ‘151 Patent has been willful and with reckless
disregard of Plaintiffs rights therein, as Defendant knew or should have known that its actions
constituted infringement of the D ‘ 151 Patent.
34. As a direct and proximate result of its infringement of the D ‘ 151 Patent, Defendant
has derived and received gains, profits, and advantages in an amount yet to be determined.
35. Pursuant to 35 U.S.C. § 284, Plaintiff is entitled to damages for Defendant’s
infringing acts and treble damages together with interests and costs as fixed by this Court.
36. Pursuant to 35 U.S.C. § 289, Plaintiff is entitled to Defendant’s total profits from
Defendant’s infringing sales.
37. Pursuant to 35 U.S.C. § 285, Plaintiff is entitled to reasonable attorneys’ fees for
the necessity of bringing this claim.
38. Due to Defendant’s infringing acts. Plaintiff has suffered significant and irreparable
injury for which Plaintiff has no adequate remedy at law.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff Lerman Container Corp. prays for entry of:
1) A FINAL JUDGMENT that
a. Defendant infringed the D ‘151 Patent in violation of 35 U.S.C. § 271.
b. Defendant’s infringement was willful.
2) An ORDER enjoining Defendant and its officers, directors, agents, servants,
employees, affiliates, members, parents, subsidiaries, and all those acting in concert or
participation therewith, from manufacturing, designing, exporting, importing, shipping,
distributing, promoting, displaying, offering for sale, and/or selling the Infringing Jar.
3) An ORDER enjoining Defendant and its officers, directors, agents, servants,
employees, affiliates, members, parents, subsidiaries, and all those acting in concert or
participation therewith, from infringing the D ‘ 151 Patent.
4) A further ORDER
(a) requiring Defendant to account for any gains, profits, and advantages
derived and accrued as a result of their infringement of the D ‘ 151 Patent;
(b) assessing to Plaintiff an award of its actual damages, trebled, as well as all
profits Defendant has derived from infringing the D ‘ 151 Patent pursuant to
35 U.S.C. 284;
(c) finding that this case is exceptional and awarding to Plaintiff its attorneys’
fees, expenses, and costs incurred in connection with this action as provided
by 35 U.S.C. § 285;
(d) awarding to Plaintiff pre- and post-judgment interest and costs of this action
against Defendant; and
8
(e) assessing such additional relief as the Court may deem just and proper.
Dated: May 14, 2019 Respectfully submitted,
Thomas M. Wood, IV (Bar No. 00365)

Robert C. Baker III (Bar No. 20382)
Neuberger, Quinn, Gielen, Rubin, Gibber P.A.
One South Street, 27''’ Floor
Baltimore, Maryland 21202
tmw@nqgrg. com
rcb@nqgrg.com
PHONE: (410) 332-8523
FAX: (410) 332-8564
Attorneys for PlaintiffLerman Container Corp.

Case 1:19-cv-01414-DKC Document 1-1 Filed 05/14/19 Page 1 of 2
JS44 (Rev, 08/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither ryilace 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. (SJiE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

LERMAN CONTAINER CORP. LiDS AND JARS, L.L.C.
(b) County of Residence of First Listed Plaintiff Palm Beach County, FL County of Residence of First Listed Defendant Howard County, MD
(EXCEPTIN U.S. PEAINTIFF 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)
Thomas M. Wood, IV, Neuberger, Quinn, Gielen, Rubin, Gibber P.A.
One South Street, 27th Fioor Baltimore, MD 21202
PHONE: (410) 332-8523; FAX: (410) 332-8564
II. BASIS OF JURISDICTION rA/ocean "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (««« a« -X''m One Box/or PlainUff
(For Diversity Cases Only) and One Box for Defendant)
n 1 U.S. Government H3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State □ 1 O 1 Incorporated or Principal Place a 4 a 4
of Business In This State
O 2 U.S. Government a 4 Diversity Citizen of Another State □ 2 □ 2 Incorporated awf/Principal Place □ 5 O 5

Defendant (Indicate Citizenship ofPartie.s in Item III) of Business In Another State
Citizen or Subject of a a 3 a 3 Foreign Nation O 6 a 6

Foreign Country
IV. NATURE OF SUIT (Place an "X” in One Box Only) Click here for: Nature of Sui Code Descriptions.
1 CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES i
□ 110 Insurance PERSONAL INJURY PERSONAL INJURY O 625 Drug Related Seizure a 422 Appeal 28 use 158 □ 375 False eiaims Act
□ 120 Marine □ 310 Airplane 0 365 Personal Injury - of Properly 21 USC881 O 423 Withdrawal □ 376 Qui Tam (31 use
□ 130 Miller Act 0 315 Airplane Product Product Liability □ 690 Other 28 use 157 3729(a))
O 140 Negotiable Instrument Liability □ 367 Health Care/ □ 400 State Reapportionment
□ 150 Recovery of Overpayment O 320 Assault, Libel & Phannaceutical PROPERTY RIGHTS n 410 Antitrust
& Enforcement of Judgment Slander Personal Injury □ 820 eopyrights □ 430 Banks and Banking
n 151 Medicare Act O 330 Federal Employers’ Product Liability H 830 Patent □ 450 eommerce
O 152 Recovery of Defaulted Liability □ 368 Asbestos Personal □ 840 Trademark □ 460 Deportation
Student Loans O 340 Marine Injury Product □ 470 Racketeer Influenced and
(Excludes Veterans) O 345 Marine Product Liability labor^ SOCIAL SECVRITY, eomipt Organizations
□ 153 Recovery of Overpayment Liability PERSONAL PROPERTY □ 710 Fair Labor Standards □ 861 HIA(1395ff) □ 480 Consumer Credit
of Veteran’s Benefits O 350 Motor Vehicle □ 370 Other Fraud Act O 862 Black Lung (923) □ 490 Cable/Sat TV
n 160 Stockholders’Suits 0 355 Motor Vehicle 0 371 Tmth in Lending □ 720 Labor/Management □ 863 DIWe/DIWW (405(g)) □ 850 Securities/Commodities/
□ 190 Other Contract Product Liability O 380 Other Personal Relations □ 864 SSID Title XVI Exchange
n 195 Contract Product Liability O 360 Other Personal Property Damage □ 740 Railway Labor Act □ 865 RSI (405(g)) □ 890 Other Statutory Actions
□ 196 Franchise Injury □ 385 Property Damage □ 751 Family and Medical □ 891 Agricultural Acts
0 362 Personal Injuiy - Product Liability Leave Act □ 893 Environmental Matters
Medical Malpractice □ 790 Other Labor Litigation n 895 Freedom of Information
1 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS □ 791 Employee Retirement FEDERAL TAX SUITS Act
□ 210 Land Condemnation O 440 Other Civil Rights Habeas Corpus: Income Security Act □ 870 Taxes (U.S. Plaintiff □ 896 Arbitration
□ 220 Foreclosure O 441 Voting □ 463 Alien Detainee or Defendant) n 899 Administrative Procedure
□ 230 Rent Lease & Ejectment 0 442 Employment □ 510 Motions to Vacate □ 871 IRS—Third Party Act/Review or Appeal of
□ 240 Torts to Land O 443 Housing/ Sentence 26 use 7609 Agency Decision
□ 245 Tort Product Liability Accommodations □ 530 General □ 950 Constitutionality of
d 290 All Other Real Property 0 445 Amer. w/Disabilities - □ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: □ 462 Naturalization Application
O 446 Amer. w/Disabilities - □ 540 Mandamus & Other □ 465 Other Immigration
Other □ 550 Civil Rights Actions
O 448 Education □ 555 Prison Condition
□ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X" in One Box Only)
I Original □ 2 Removed from □ 3 Remanded from O 4 Reinstated or O 5 Transferred from O 6 Multidistrict a 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(yeeijy) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jiirisdiclinnulslalutes unless iliversify):
35 U.S.C. §§ 271,284, 285, 289,
VI. CAUSE OF ACTION Brief description of eause:
Defendant is committing wiilful patent infringement.
VII. REQUESTED IN □ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23,F.R.Cv.P. JURY DEMAND; M Yes d No
VIII. RELATED CASE(S)

IF ANY (See ins,rue,ions): DOCKET NUMBER
DATE ^ SIGNATURE OF ATTORNEY OF RECORD / V

05/14/2019
FOR OFFICE USE ONLY
RECEIPT# AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 08/16)
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-Dcfcndants. 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 ofjurisdiction 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 ofjurisdiction, 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
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precedence, and box 1 or 2 should be marked.
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section for each principal party.
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PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
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.
VHI. 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.
AO 440 (Rev, 06/12) Summons in a Civil Action
United States District Court

for the
District of Maryland
LERMAN CONTAINER CORP.
Plamtiff(s)
V. Civil Action No.
LIDS AND JARS, L.L.C.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address) LIDS AND JARS, L.L.C.

c/o Arnold Heckman, Resident Agent
Suite 107
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: Thomas M. Wood, IV
Neuberger, Quinn, Gieien, Rubin, Gibber P.A.
One South Street, 27th Fioor
tmw@nqgrg.com
PHONE: (410) 332-8523; FAX: (410) 332-8564
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
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 (1))
This summons for (name of individual and title, ifany)

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 individual’s 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 individual’s 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 oforganization)
on (date) ; or
□ I returned the summons unexecuted because ;or
□ Other (specify):
My fees are $ for travel and $ for services, for a total of $ o.OO
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:

UNITED STATES DISTRICT COURT

LERMAN CONTAINER CORE., Civil Action No.

4286 West Main Street
Jupiter, Florida 33458 Jury Demand
Plaintiff,
V.
LIDS AND JARS, L.L.C.,

7395 Washington Boulevard, Suite 107
SERVE ON:
Arnold Heckman, Resident Agent
Suite 107
Defendant.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff Lerman Container
Corp. d/b/a eBottles.com demands a trial by jury on all facts so triable.
Dated: May 14, 2019 Respectfully submitted.
A/
Robert C. Baker III (Bar No. 20382)
Neuberger, Quinn, Gielen, Rubin, Gibber P.A.
One South Street, 27"^ Floor
tmw@nqgrg .com
rcb@nqgrg.com
PHONE: (410) 332-8523
FAX: (410) 332-8564
Attorneys for PlaintiffLerman Container Corp

IN THE UNITED STATES DISTRICT COURT

LERMAN CONTAINER CORE.

Plaintiff,
V. Case No.
LIDS AND JARS, L.L.C.
Defendant.
DISCLOSURE OF CORPORATE INTEREST
Check all that apply:

■ I certify, as party/coansel ia this case that LERMAN CONTAINER CORP.
(name of party)
is not an affiliate or parent of any corporation, and no corporation, unincorporated association,

partnership or other business entity, not a party to the case, has a financial interest in the outcome
of this litigation as defined in Local Rule 103.3 (D. Md.).
□ The following corporate affiliations exist with.

(name of party)
(names of affiliates)
□ The following corporations, unincorporated associations, partnerships or other business

entities which are not parties may have a financial interest in the outcome of this litigation:
(names of entities with possible financial interests)
DisclosureCorplnterest (03/2015)
Disclosure of Corporate Interest
□ In a case based on diversity jurisdiction, the following is a list of all members of
_______________________________and their states of citizenship:

(name of LLC party)
(name of member) (state of citizenship)
Note: If there are additional LLC members, please provide their names and states of citizenship
on a separate sheet of paper.
05/14/2019
Date Signature
Printed name and bar number
NQGRG, One South Street, 27th Floor, Baltimore, Maryland 21202
Address
tmw(gnqgrg.com________
Email address
(410) 332-8523_________
Telephone number
(410) 332-8564
Fax number

Lerman Container v. Lids and Jars - Complaint

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Case 1:19-cv-01414-DKC Document 1 Filed 05/14/19 Page 1 of 9

UNITED STATES DISTRICT COURT

LERMAN CONTAINER CORP., Civil Action No.

LIDS AND JARS, L.L.C.,

Plaintiff Lerman Container Corp. d/b/a eBottles.com (“Plaintiff’ or “eBottles.com”),

d/b/a Cannaline (“Defendanf ’ or “Cannaline”) as follows:

NATURE OF THE ACTION

design, in violation of 35 U.S.C. § 271.

JURISDICTION AND VENUE

office is located in this District.

4. Venue is proper in this district pursuant to 28 U.S.C. § 1440(b).

6. On information and belief, Defendant is a limited liability company organized

A. PlaintifUs Jar and Patent

and other product receptacles.

photographs of which are below (the “Concentrate Jar”):

correct copy of the D ‘ 151 Patent is attached hereto as Exhibit 1.

owner of the D ‘ 151 Patent.

embodiments of D ‘151 Patent in the retail market in the United States.

16. Plaintiffs website (accessible at www.ebottles.com) includes express, prominent

Choose new Teflon-lined closures for sticky THICK WALL GLASS

Qiscounts More info

ajguestion about this bottle.

through the eBottles.com website.

B. Defendant’s Infringing Activities

18. On information and belief, Defendant operates a website, www.cannaline.com,

through which it markets its child-resistant boxes, bags and bottles.

which are below:

design of the Infringing Jar are substantially the same.

and correct photographs of the Infringing Jar.

D ‘151 Patent Figures Infringing Jar

26. Defendant’s development, manufacture, exporting, importing, shipment,

infringes upon Plaintiffs valuable, exclusive rights in the D ‘151 Patent.

29. Defendant’s infringement has been willful.

Patent Infringement in Violation of 35 U.S.C. § 271

as if fully set forth herein.

the Infringing Jar in the United States.

or license from Plaintiff.

constituted infringement of the D ‘ 151 Patent.

35. Pursuant to 35 U.S.C. § 284, Plaintiff is entitled to damages for Defendant’s

Defendant’s infringing sales.

the necessity of bringing this claim.

injury for which Plaintiff has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Lerman Container Corp. prays for entry of:

1) A FINAL JUDGMENT that

a. Defendant infringed the D ‘151 Patent in violation of 35 U.S.C. § 271.

b. Defendant’s infringement was willful.

2) An ORDER enjoining Defendant and its officers, directors, agents, servants,

participation therewith, from manufacturing, designing, exporting, importing, shipping,

3) An ORDER enjoining Defendant and its officers, directors, agents, servants,

participation therewith, from infringing the D ‘ 151 Patent.

derived and accrued as a result of their infringement of the D ‘ 151 Patent;

against Defendant; and

Dated: May 14, 2019 Respectfully submitted,

Thomas M. Wood, IV (Bar No. 00365)

Attorneys for PlaintiffLerman Container Corp.

I. (a) PLAINTIFFS DEFENDANTS

O 2 U.S. Government a 4 Diversity Citizen of Another State □ 2 □ 2 Incorporated awf/Principal Place □ 5 O 5

Citizen or Subject of a a 3 a 3 Foreign Nation O 6 a 6

VIII. RELATED CASE(S)

DATE ^ SIGNATURE OF ATTORNEY OF RECORD / V

RECEIPT# AMOUNT APPLYING IFP JUDGE MAG. JUDGE

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

V. Origin. Place an "X" in one of the seven boxes.