PHIP\448306\1 

 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

_______________________________________________ 

PENNSYLVANIA INSERT CORPORATION , ) 

 ) 

Plaintiff, ) 

 ) 

v. ) 

 ) 

BOWCO INDUSTRIES, INC. ) 

 ) 

 ) 

Defendant. ) 

_______________________________________________ 

COMPLAINT - CIVIL ACTION

THE PARTIES

1. Plaintiff Pennsylvania Insert Corporation (“Pennsylvania Insert”) is a 

corporation organized and existing under the laws of the State of Pennsylvania 

with its principal place of business at 31 E. Bridge Street, P.O. Box 199, Spring 

City, Pennsylvania, 19475. 

Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 1 of 11
PHIP\448306\1 - 2 - 

2. Defendant Bowco Industries, Inc. (“Bowco”) is an Oregon corporation with 

its principal place of business at 5486 SE International Way, Portland, Oregon 

97222. 

JURISDICTION AND VENUE

3. This is a complaint for a declaratory judgment under 28 U.S.C. §§ 2201(a). 

4. Subject matter jurisdiction arises under 28 U.S.C. § 1331, as the matter in 

controversy arises under the laws of the United States. 

5. Venue in this judicial district is proper under 28 U.S.C. § 1391(b)and (c) , as 

a substantial part of the property that is the subject of the action is situated in this 

district and the defendant is a corporation subject to personal jurisdiction in 

Pennsylvania. 

6. Pennsylvania Insert brings this action under Title 28, United States Code, for 

a declaratory judgment that it is not infringing U.S. Patent 6,668,049, owned by 

Bowco. 

7. An actual controversy exists between the parties, resulting from the totality 

of the acts alleged below. 

COUNT I –DECLARATORY JUDGMENT

8. Pennsylvania Insert is in the business of manufacturing and selling concrete 

mold inserts. 

9. Bowco is the owner by assignment of U.S. Patent 6,668,049 entitled “Hook 

Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 2 of 11
PHIP\448306\1 - 3 - 

Facility for Concrete Structure”. A copy of the patent is attached hereto as Exhibit 

A. 

10. Bowco, through its attorney, has explicitly threatened to sue Pennsylvania 

Insert for infringement of U.S. Patent 6,668,049 for selling mold inserts for 

molding a pulling iron onto a concrete structure. 

11. In response to the first such threat, Pennsylvania Insert changed the design 

of the mold insert, and has delivered a sample of the current design to Bowco’s 

attorney. 

12. Bowco’s attorney has since sent a letter to Pennsylvania Insert explicitly 

threatening to sue for infringement of U.S. Patent 6,668,049 by selling the current 

design of insert. 

13. Bowco’s threats of action, and Pennsylvania Insert’s continued sales of its 

current design of mold insert, creates a definite and concrete case and controversy 

between the parties that can be resolved by specific relief in the form of a decree 

that the current design of mold insert sold by Pennsylvania Insert does not infringe 

U.S. Patent 6,668,049. 

PRAYER FOR RELIEF

 WHEREFORE, Pennsylvania Insert requests that this Court enter a 

declaratory judgment, pursuant to 28 U.S.C. 2201 in Pennsylvania Insert’ favor 

Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 3 of 11
PHIP\448306\1 - 4 - 

and against Bowco that the pulling iron mold insert currently being sold by 

Pennsylvania Insert does not infringe U.S. Patent 6,668,049, and: 

 Awarding to Pennsylvania Insert its reasonable attorneys’ fees and the costs 

and disbursements of this action; and 

 Granting to Pennsylvania Insert such other and further relief as this Court 

may deem just and proper. 

Respectfully submitted, 

Pennsylvania Insert Inc. 

 By: /s/__John J. Marshall_____________ 

JOHN J. MARSHALL 

Drinker Biddle & Reath LLP 

1000 Westlakes Drive, Suite 300 

Berwyn, PA 19312 

Tele: (610) 993-2274 

Fax: (610) 993-8585 

email: john.marshall@dbr.com 

PA 30,574 

Signature Verification No._________ 

August 16, 2005 

Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 4 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 5 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 6 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 7 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 8 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 9 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 10 of 11
Case 2:05-cv-04378-HB Document 1 Filed 08/17/05 Page 11 of 11