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TURTLE COMPANY INC. V. B*TWEEN PRODUCTIONS, INC. ET AL. 

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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

Scott H. Kaliko (SK 1163) 

Kaliko & Associates, LLC 

400 B Lake Street 

Ramsey, NJ 07446 

Tel: 201-962-3570 

Fax: 201-962-3572 

Attorneys for Plaintiff 

The Turtle Company, Inc. 

_____________________________________ 

THE TURTLE COMPANY INC., 

 Plaintiff, 

 v. 

B*TWEEN PRODUCTIONS, INC. 

ABC CORPS 1-10 

 Defendants. 

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Document Electronically Filed 

Case No.: 

COMPLAINT FOR 

PATENT INFRINGMENT 

DEMAND FOR JURY TRIAL 

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The Turtle Company, Inc. demands a jury trial and complains against the Defendants as 

follows: 

Case 2:10-cv-06821-FSH -MAS Document 1 Filed 12/30/10 Page 1 of 4 PageID: 1
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TURTLE COMPANY INC. V. B*TWEEN PRODUCTIONS, INC. ET AL. 

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I. PARTIES

1. The Turtle Company, Inc. (hereinafter referred to as “TURTLE CO”), is 

corporation organized and existing under the laws of the State of New Jersey having a principal 

place of business located at 64 East Midland Avenue, Paramus, New Jersey 07652. 

2. Upon information and belief, B*tween Productions, Inc. (hereinafter referred to as 

“BPI”) is a business located at 5 Commonwealth Executive Park, Burlington, MA 01803. BPI is 

the developer of the Beacon Street Girls® (BSG), a consumer/entertainment brand making, 

using, selling, and/or importing into the Unites States and in this judicial district products 

relating to the same. 

II. JURISDICTION AND VENUE

3. This action arises under the patent laws of the United States of America, Title 35 

of the United States Code. This Court has jurisdiction of this action under including 35 U.S.C. 

§271 et seq., and 28 U.S.C. §§1331 and 1338(a). 

4. Personal jurisdiction exists generally over each Defendant because each 

Defendant is located within or has sufficient minimum contacts with the forum as a result of 

business regularly conducted within the State of New Jersey. Personal Jurisdiction also 

specifically exists over Defendants as a result of, at least, Defendants’ distribution network 

wherein Defendants, individually and/or collectively, placed instrumentalities that practice the 

claimed inventions of United States Patent No. 5,470,109, owned by the Plaintiff, within the 

stream of commerce, which stream is directed at this district, and by committing the tort of 

patent infringement within the District of New Jersey 

5. Venue is proper in this Court under 28 U.S.C. §§ 1391 as well as 28 U.S.C. 

§ 1400(b). 

III. PATENT INFRINGMENT

6. On November 28, 1995, U.S. Patent No. 5,470,109 (hereinafter referred to as the 

“109 patent”) duly and legally issued to Dennis Grande for an invention entitled “Adjustable 

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book Jacket and Method for Making the Same” (the “Patent”). The Patent is in full force and 

effect and a copy of the ‘109 patent is attached hereto as Exhibit 1. 

7. TURTLE CO is the assignee of the ‘109 Patent and the owner of all right title, 

and interest in and to the ’109 patent. 

8. In contravention to 35 U.S.C. §§271(a)(b) and (c), Defendants have infringed 

and/or willfully and deliberately infringed the ‘109 Patent by making, using, selling, and/or 

offering to sell, or inducing others to make, use sell, and/or offer to sell products including but 

limited to the “BEACON STREET GIRLS STRETCHABLE FABRIC BOOK COVERS.” Such 

acts of infringement have occurred and/or continue to occur without the authority or license of 

Plaintiff. 

9. TURTLE CO has and is being damaged and will continue to be damaged by the 

infringing activities of Defendants complained of herein. 

IV. PRAYER FOR RELIEF

WHEREFORE, TURTLE CO prays for judgment against Defendants as follows: 

A. That one or more of the claims of ‘109 patent have been infringed, wither 

literally and/or under the doctrine of equivalents, by Defendants and or by 

others to whose infringement as been contributed to by Defendants and/or by 

others whose infringement has been induced by Defendants; 

B. That, pursuant to 35 U.S.C. §283, preliminary and final injunctions be issued 

enjoining Defendants, its officers, agents, servants, employees and all those 

persons in active concert or participation with them from further infringement 

of the Patent; 

C. That, pursuant to 35 U.S.C. §284, Defendants account for damages for all past 

infringement, including treble damages because of the willful nature of such 

infringement; 

D. That Plaintiff’s be granted pre-judgment and post-Judgment interest at the 

maximum rate allowable by law on the damages caused by reason of 

defendants infringing activities complained herein; 

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E. That, pursuant to 35 U.S.C. §285, TURTLE CO be awarded costs and 

attorney’s fees incurred in connection with this action; and 

F. That TURTLE CO be granted such other and further relief as this Court deems 

just and proper, and equitable. 

V. DEMAND FOR JURY TRIAL 

The Plaintiff, TURTLE CO, demands a trial by jury of all issues property triable by jury 

in this action. 

 By: s/ Scott H Kaliko /

 Scott H. Kaliko (SK1163) 

 Kaliko & Associates, LLC 

 400 B Lake Street 

 Ramsey, NJ 07446 

 skaliko@kalikolaw.com 

 Tel: 201-962-3570 

 Fax: 201-962-3572 

 Attorneys for The Turtle Company 

Dated: December 30, 2010 

 Ramsey, NJ 

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