Zebra Technologies v. Typenex Medical - Complaint

Case: 1:18-cv-04711 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.
Case No. ______________
Plaintiffs,
v. 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 283–285 and 15 U.S.C. §§ 1116–1118.

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 60069.
3. 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
60069.
4. 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
63105.
5. 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 60069.
6. 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 60601.
7. 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 66701.
JURISDICTION AND VENUE
8. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§ 1331 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. § 1367 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.
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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, 2010.
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, 2011.
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.
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A copy of the ’293 Patent is attached hereto as Exhibit C, which was duly and legally issued on
March 28, 2006.
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, 2006.
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, 2007.
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,
2008.
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, 2008.
Patent No. 7,779,570 entitled “Business Form With Wristband Having Clamshell and Strap”
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(“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,
2010.
PLAINTIFFS’ BUSINESS AND TRADEMARK AND TRADE DRESS RIGHTS
21. Laser Band was founded in 1999. 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
2,849,741..
23. 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. 2849741), as well as common law rights to LASERBAND
in connection with business forms that incorporate self-laminating, laser-printable patient
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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. § 1065.
27. 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.
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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:
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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.
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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 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.
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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.
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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 <www.zebra.com>.
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.
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53. 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.
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57. 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.
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63. 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.
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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)
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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.
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(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)
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(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.
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77. 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.
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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.
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84. 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.
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90. 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.
91. The Ward Kraft Product Guide does not disclose that ZIH owns the LASER
BAND Marks.
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92. 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.
COUNT I
Typenex’ Infringement of the ’569 Patent
96. Plaintiffs incorporate by reference the allegations contained in paragraphs 1–95
above.
97. 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.
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98. 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.
100. 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.
COUNT II
101. Plaintiffs incorporate by reference all allegations contained in paragraphs 1–100
above.
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 ’125
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Patent in violation of 35 U.S.C. § 271(a). Typenex’ infringement is ongoing and will continue
unless enjoined by this Court.
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.
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.
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COUNT III
above.
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.
including a self-laminating wristband with a printable face ply portion. The business form
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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.
COUNT IV
above.
29
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.
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.
30
COUNT V
above.
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.
118. 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
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.
COUNT VI
above.
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 page-
sized form.
32
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.
COUNT VII
above.
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
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.
128. 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.
34
COUNT VIII
above.
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.
133. 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
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.
COUNT IX
Defendants’ Unfair Competition And False Designation Of Origin
(15 U.S.C. § 1125(a))
above.
136. 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.
137. Zebra did not authorize Defendants to use the L2 and L3 Marks, the Color Blue
Trade Dress, or the Configuration Trade Dress.
138. 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.
139. 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
140. Defendants’ use of the L2 and L3 Marks, the Color Blue Trade Dress, and/or the
Configuration Trade Dress has caused and is likely to continue to cause confusion or mistake, or
to deceive customers into falsely believing that Defendants are approved by, sponsored by,
endorsed by, or otherwise affiliated with Zebra, in violation of 15 U.S.C. § 1125.
141. Past, present and future manufacture, use, distribution, sale and/or offer for sale
by Defendants of products using the L2 and L3 Marks, the Color Blue Trade Dress, and the
Configuration Trade Dress, constitutes false designation of origin, unfair competition, and trade
dress infringement in violation of 15 U.S.C. § 1125.
142. Defendants have been aware of the LASER BAND Products, including Zebra’s
use of the L2 and L3 Marks, the Color Blue Trade Dress, and the Configuration Trade Dress,
making Defendants’ infringement willful and deliberate.
143. Defendants’ acts greatly and irreparably damage Plaintiffs and will continue to
damage Plaintiffs unless enjoined by this Court such that Plaintiffs are without an adequate
remedy at law.
COUNT X
Defendants’ Common Law Unfair Competition
above.
145. Upon information and belief, Defendants’ willful, intentional and illegal acts, as
alleged in this Complaint, have interfered and will interfere with Plaintiffs’ ability to conduct
their business, and constitutes unfair competition at common law.
146. As a result of Defendants’ willful, intentional and illegal acts, Plaintiffs have
suffered commercial damages for which it may recover.
37
COUNT XI
Defendants’ Deceptive Trade Practices Pursuant To 815 ILCS §§ 510/1, et seq.
147. Plaintiffs incorporate by reference all allegations contained in paragraphs 1–146.
148. Defendants have knowingly and willfully engaged in deceptive trade practices
within the meaning of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS §§ 510/1 et
seq. by causing likelihood of confusion or misunderstanding as to the source, origin, or
sponsorship of the parties’ respective products or services; causing likelihood of confusion or of
misunderstanding as to the affiliation, connection, or association of Defendants or Defendants’
Products with Plaintiffs or LASER BAND Products; and using deceptive representations or
designations of origin in connection with Defendants’ Products.
149. The unauthorized use by Defendants of the L2 and L3 Marks, the Color Blue
Trade Dress, and the Configuration Trade Dress is causing and is likely to cause substantial
injury to the public and to Plaintiffs, and Plaintiffs have no adequate remedy at law for this
injury. Plaintiffs are entitled to injunctive relief and to an award of its costs and attorney’s fees
under 815 ILCS § 510/3.
COUNT XII
Ward Kraft’s Misleading Statement of Fact
(15 U.S.C. § 1125(a))
above.
151. ZIH owns the LASER BAND Marks and the marks have become associated with
Plaintiffs.
152. Ward Kraft is not authorized to use the LASER BAND Marks as alleged herein.
153. Ward Kraft uses LASER BAND Marks in commerce to advertise Ward Kraft’s
products.
38
154. Ward Kraft’s statement that it is the “original manufacturer of LaserBand®” is a
misleading representation of fact.
155. Ward Kraft’s statement that “We are the experts in Patient ID Wristbands” in
proximity to its claim that it is the “original manufacturer of LaserBand®” misrepresents the
nature, characteristics, and qualities of Ward Kraft’s products.
156. Ward Kraft’s use of LASER BAND Marks, its misleading representation of fact,
and its misrepresentation of the nature, characteristics, and qualities of Ward Kraft’s products,
has caused and is likely to continue to cause confusion or mistake, or to deceive customers into
falsely believing that Ward Kraft is approved by, sponsored by, endorsed by, or otherwise
affiliated with Plaintiffs, or that Ward Kraft invented, designed, patented, sold, or was the creator
of the LASER BAND Products, in violation of 15 U.S.C. § 1125.
157. Ward Kraft has been aware of the LASER BAND Products and LASER BAND
Marks, making its infringement willful and deliberate. The statements in the Ward Kraft
Advertisement and 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.
158. Ward Kraft’s acts greatly and irreparably damage Plaintiffs and will continue to
damage Plaintiffs unless enjoined by this Court such that Plaintiffs are without an adequate
remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs request that the Court enter judgment for Plaintiffs and against
Defendants as follows:
A. That Typenex infringes U.S. Patent Nos. 7,779,569, 8,011,125, 7,017,293,
7,017,294, 7,222,448, 7,325,347, 7,461,473, and 7,779,570;
39
B. That the Court permanently enjoin Typenex, their officers, partners, agents,
servants, employees, parents, subsidiaries, divisions, affiliate corporations, joint ventures, other
related business entities and all other persons acting in concert, participation, or in privity with
them, and their successors and assigns, from any commercial manufacture, use, offer to sell, or
sale within the United States, or importation into the United States of Typenex’ Products,
including without limitation the Helix AC Laser L3 and the Helix AC Laser L2 products, and
any other products that infringe the asserted patents prior to their expiration;
C. That the Court preliminary and permanently enjoin and restrain the Defendants,
and their officers, directors, agents, employees and all persons in active concert or participation
with Defendants who receive actual notice of the injunction, by personal service or otherwise,
from doing, abiding, causing, contributing to, inducing or abetting any of the following:
(a) Infringing or contributing to the infringement of the L2 and L3 Marks, the
Color Blue Trade Dress, the Configuration Trade Dress, and the LASER
BAND Marks;
(b) Engaging in any acts or activities directly or indirectly calculated to
infringe the L2 and L3 Marks, the Color Blue Trade Dress, the
Configuration Trade Dress and/or the LASER BAND Marks;
(c) Manufacturing, using in selling, offering for sale, promoting, advertising,
marketing or distributing of the Defendants’ products or services, signage,
advertisements or marketing materials that use the designations “L2,”
“L3”, the Color Blue Trade Dress, or the Configuration Trade Dress, or
any substantially similar variation thereof;
40
(d) Using any configuration or design that is confusingly similar to the L2 and
L3 Marks, the Color Blue Trade Dress, the Configuration Trade Dress
and/or the LASER BAND Marks;
(e) Using any statements or omissions that are likely to cause confusion or
mistake, or to deceive customers into falsely believing that Defendants
and/or Defendants’ products are approved by, sponsored by, endorsed by,
or otherwise affiliated with Plaintiffs and/or Laser Band Products;
(f) Using any statements that are likely to cause confusion or mistake, or to
deceive customers into falsely believing that Defendants invented,
designed, patented, sold, or were the creator of LASER BAND Products;
and
(g) Otherwise competing unfairly with Plaintiffs in any manner whatsoever.
D. That the Court find that Defendants are infringing upon the L2 and L3 Mark, the
Color Blue Trade Dress, and the Configuration Trade Dress, and Ward Kraft is infringing the
LASER BAND Marks, Defendants are competing unfairly with Plaintiffs, and that such
infringement is and has been willful and committed with reckless disregard of Plaintiffs’ rights.
E. That the Court find that Ward Kraft’s statements in the Ward Kraft Advertisement
and Ward Kraft’s failing to disclose that ZIH owns the LASER BAND trademark in the Ward
Kraft Product Guide constitute misleading statements of fact, misrepresentations of the nature,
characteristics, and qualities of Ward Kraft’s products, and that such statements were knowingly
made with reckless disregard for their veracity.
F. That the Court order Defendants to deliver up to Plaintiffs for destruction, at the
Defendants’ expense, stickers, catalogs, website materials, literature, brochures, packaging,
41
signs, promotional materials, advertisements and other communications to the public in the
possession or under the control of Defendants, as well as any other materials or representations
that are or contain designations similar to the L2 and L3 Mark, the Color Blue Trade Dress, the
Configuration Trade Dress and/or the LASER BAND Marks.
G. That the Court order Typenex to account for and pay to Plaintiffs the damages to
which Plaintiffs are entitled as a consequence of Typenex’ infringement of U.S. Patent Nos.
7,779,569, 8,011,125, 7,017,293, 7,017,294, 7,222,448, 7,325,347, 7,461,473, and 7,779,570.
H. That the Court order Defendants to account for and pay to Plaintiffs the damages
to which Plaintiffs are entitled as a consequence of Defendants’ infringement of Plaintiffs’ L2
and L3 Mark, the Color Blue Trade Dress, the Configuration Trade Dress and/or the LASER
BAND Marks.
I. That the Court order Defendants to account for and to pay over to Plaintiffs all
damages suffered by Plaintiffs as a result of Defendants’ unfair competition.
J. That the Court order Ward Kraft to account for and to pay over to Plaintiffs all
damages suffered by Plaintiffs as a result of Ward Kraft’s false advertising.
K. That the Court order Defendants to account for and pay over to Plaintiffs all
profits received by Defendants from their unlawful acts.
L. That the Court enter an order placing reasonable but effective restrictions on
Defendants’ future transactions and activities so as to prevent fraud on the Court and ensure the
Defendants’ capacity to pay, and the prompt payment of, any judgment entered against the
Defendants in this action.
M. That Plaintiffs be awarded judgment against Defendants for damages together
with interests and costs fixed by the Court, as provided by 35 U.S.C. § 284.
42
N. That the Court declare this an exceptional case and award Plaintiffs their
attorneys’ fees, as provided by 35 U.S.C. § 285, as well as Defendants’ profits, damages
sustained by the Plaintiffs, and the costs of the action, as provided by 15 U.S.C. § 1117.
O. That Plaintiffs be awarded such other and further relief as this Court may deem
just and proper.
JURY DEMAND
Plaintiffs respectfully requests a jury trial on all issues so triable.
Dated: July 9, 2018
Respectfully submitted,
/s/ Thomas L. Gemmell

Thomas L. Gemmell (Il. Bar No. 6229305)
Mark T. Deming (Il. Bar No. 6299631)
Randal S. Alexander (Il. Bar No. 6298199)
Paul A. Borovay (Il. Bar No. 6312390)
POLSINELLI PC
150 North Riverside Plaza, Suite 3000
Chicago, Illinois 60601
T: (312) 819-1900
F: (312) 819-1910
tgemmell@polsinelli.com
mdeming@polsinelli.com
ralexander@polsinelli.com
pborovay@polsinelli.com
Attorneys for Plaintiff Zebra Technologies

Corporation, Zebra Technologies
International, LLC., Laser Band LLC, and ZIH
Corporation
43

Zebra Technologies v. Typenex Medical - Complaint

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Zebra Technologies v. Typenex Medical - Complaint

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Case: 1:18-cv-04711 Document #: 1 Filed: 07/09/18 Page 1 of 43 PageID #:1

IN THE UNITED STATES DISTRICT COURT

ZEBRA TECHNOLOGIES CORPORATION,

v. JURY TRIAL DEMANDED

TYPENEX MEDICAL, LLC, and WARD

(collectively “Defendants”), and on knowledge, information, and belief, allege as follows:

NATURE OF THE ACTION

provided in 35 U.S.C. §§ 281 and 283–285 and 15 U.S.C. §§ 1116–1118.

2. Plaintiff ZTC is a corporation organized under the laws of Delaware, having a

place of business at 3 Overlook Point, Lincolnshire, Illinois 60069.

Delaware, having a place of business at 3 Overlook Point, Lincolnshire, Illinois 60069.

6. On information and belief, Defendant Typenex Medical, LLC (“Typenex”) is a

7. On information and belief, Defendant Ward Kraft Inc. (“Ward Kraft”) is a

of business at 2401 Cooper Street, Fort Scott, Kansas 66701.

JURISDICTION AND VENUE

U.S.C. §§ 1331 and 1338(a) and 15 U.S.C. § 1121(a).

common nucleus of operative facts.

one or more tortious acts in this Judicial District.

duly and legally issued on August 24, 2010.

and legally issued on September 6, 2011.

March 28, 2006.

issued on March 28, 2006.

and legally issued on May 29, 2007.

PLAINTIFFS’ BUSINESS AND TRADEMARK AND TRADE DRESS RIGHTS

sold business forms that incorporate self-laminating, laser-printable patient identification

Products from competitors’ products.

Zebra’s LASER BAND, L2, and L3 Marks

No. 2,550,744), (“LASERBAND and Design”) (U.S. Reg. No. 3,107,795),

in connection with business forms that incorporate self-laminating, laser-printable patient

identification wristbands (collectively, “LASER BAND Marks”). Copies of the registration

certificates for these marks are attached as Exhibit I.

declared incontestable pursuant to 15 U.S.C. § 1065.

business forms that incorporate self-laminating, laser-printable patient identification wristbands.

L3 Marks is included below.

30. The L2 and L3 Marks are not functional.

identifier for Zebra and LASER BAND Products.

Zebra’s Color Blue Trade Dress

business forms that incorporate self-laminating, laser-printable patient identification wristbands.

LASER BAND Products include:

36. The Color Blue Trade Dress is not functional.

Zebra’s Configuration Trade Dress

of their business forms that incorporate self-laminating, laser-printable patient identification

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

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

dimensional configuration of a wristband as part of a configuration of a business form. The

43. The Configuration Trade Dress is not functional.

Configuration Trade Dress.

inexpensive manufacturing method.

47. The Configuration Trade Dress is not disclosed in patents.

Zebra’s Advertising, Revenues, and Associated Goodwill

sales of Defendants’ Products.

injury to the marks and the goodwill represented by such marks.

Defendants’ Unlawful Acts

Typenex’ Infringement of Plaintiffs’ Patents

CPO120W) and Helix AC Laser L2 (Product Code CPO121W).

hospitals and/or medical professionals. Representative examples of infringing Typenex products

are shown below:

both the ’569 Patent and the ’125 Patent.

as a result, Typenex’ continued infringement constitutes willful infringement.

Defendants’ Infringement of Zebra’s Trademarks and Trade Dress in Violation of