Case 1:13-cv-00194-S-PAS Document 1 Filed 03/25/13 Page 1 of 5 PageID #: 1

FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE IS!4tfPMAR 25 p 2: 4 1
; )
Plaintiff
.' TRICT COURT
GIS l i\iC OF RHODE ISLAN!il
Frederick M. Levinger,
C.A. No.
V.
JURY TRIAL DEMANDED
Integral Logistics, LLC,
Defendant
CA 13- 194>
COMPLAINT
Plaintiff, Frederick M. Levinger ("Levinger"), by and through his attorneys
Partridge Snow & Hahn LLP, brings this action for infringement of a design patent and, for
cause therefore, states as follows:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Levinger is an individual who maintains a residence in the City of
Providence, State of Rhode Island, and maintains a place of business at 245 Waterman Street,
Providence, Rhode Island 02906.
2. Defendant, Integral Logistics, LLC ("Integral") is a limited liability corporation
organized and existing under the laws of the State of Florida.
3. Integral does business in the State of Rhode Island by, among other things, selling
cigar lighters and smoking accessories to dealers located in the State of Rhode Island.
4. Integral maintains sufficient minimal contacts with the State of Rhode Island to
permit this Court to exercise jurisdiction over its person consistent with the Due Process Clause
of the United States Constitution.
5. This Court has subject matter jurisdiction over this action based upon 28 U.S.C.
1331 and 1338(a) in that the civil action arises under the laws of the United States including,
Case 1:13-cv-00194-S-PAS Document 1 Filed 03/25/13 Page 2 of 5 PageID #: 2
but not limited to, 35 U.S.C. 1 et seq. and 15 U.S.C. 1111 et seq.
6. Venue of this action is proper in this Court under 28 U.S.C. 1391 and 1400.
FACTS GIVING RISE TO THE CLAIM
7. On February 10, 2012, Levinger filed United States Patent Application No.
29/413, 091 with the United States Patent and Trademark Office seeking a design patent as the
inventor of a "combination light and cigar cutting blade" in order to protect the unique and
innovation ornamental design he had invented.
8. On or about December 25, 2012; the application was granted and United States
Design Patent No. D673,314S (the "Patent") was issued by the United States Patent and
Trademark Office. A true and correct copy of the Patent is attached hereto as Exhibit A.
9. Levinger is the owner of all right, title and interest in the Patent.
10. Integral is in the business of importing and marketing cigar lighters and smoking
accessories from Asia for distribution and resale in the United States.
11. Integral markets and distributes its imported protects to dealers across the United
States, including within the State of Rhode Island.
12. From April, 2011 through December 31, 2011, Levinger, the former sole
shareholder of a major company which, among other things, marketed and sold cigar lighters and
smoking accessories, acted as an independent, freelance consultant to Integral. During the period
of the consultancy, Levinger disclosed to Integral his ideas for an ornamental design for a
combination light and cigar cutting blade, as shown and described in the Patent. Integral
indicated to Levinger that it had no interest in obtaining patent protection on the invention, did
not compensate Levinger for his invention, and did not contribute to Levinger' s costs
with obtaining the Patent. Neither Yigal Cohen Harel, the principal member and executive of
2
Case 1:13-cv-00194-S-PAS Document 1 Filed 03/25/13 Page 3 of 5 PageID #: 3
Integral, nor any other employee of Integral, were involved with the invention of the patented
design.
13. Levinger terminated and ceased all consultant activities with Integral effective
December 31, 2011.
CLAIM FOR PATENT INFRINGEMENT, 35 U.S.C. 1 et seq.
14. Integral has made, used, offered to sell and sold, and is still making, using,
offering to sell and/or is selling a product called "PUNCH LIGHT! An LED Light & Cigar
Punch in One!" ("Punch Light!). This product is an exact copy of, and is identical in all respects
to, the design which is the subject matter of the Patent. A copy oflntegral's marketing materials
regarding the "PUNCH LIGHT!" is attached hereto and marked as Exhibit B.
15. Integral has no license, authority, or permission to make, use or sell the design
invented by Levinger and protected by the Patent.
16. By importing, making, using, selling and/or offering the "PUNCH LIGHT!"
product, Integral has directly and contributorily infringed and will continue to directly and
contributorily infringe upon the Patent under 35 U.S.C. 271(a), (b), (c) and/or (f), literally
and/or under the doctrine of equivalents.
17. By using, selling and/or offering for sale the "PUNCH LIGHT!" product, Integral
has induced infringement of, and will continue to induce infringement of, the Patent under 35
U.S.C. 271(b) and/or (f), literally and/or under the doctrine of equivalents.
18. Upon information and belief, Integral's infringing conduct is and has been
malicious, intentional, deliberate and willful making this an exceptional case within the meaning
of 35 U.S.C. 285.
19. As a direct and proximate result of the infringing conduct of Integral, Levinger
3
Case 1:13-cv-00194-S-PAS Document 1 Filed 03/25/13 Page 4 of 5 PageID #: 4
has suffered, and will continue to suffer, damages to his business and property rights for which
he is entitled to recover pursuant to 35 U.S.C. 284.
20. As a direct and proximate result of the infringing conduct of Integral, Levinger
has been, and will continue to be, irreparably harmed by Integral's infringement of the Patent.
21. On or about January 13, 2013, Levinger, via an agent, was able to purchase a
quantity oflntegral's "PUNCH LIGHT!" products from Soma Cigars, located at 341 South Main
Street, Providence, Rhode Island 02903. Upon information and belief, Soma Cigars is a dealer
of products distributed by Integral and Integral sold to Soma Cigars the "PUNCH LIGHT!"
products Levinger purchased in Rhode Island. A copy of the purchase order and receipt
evidencing this infringing activity in Rhode Island is attached hereto and marked as Exhibit C.
WHERFORE, Plaintiff Levinger requests the following relief:
A. A judgment that Integral willfully infringed the Patent in violation of 35 U .S.C.
271(a);
B. An injunction against further infringement of the Patent by Integral and its agents,
servants, employees, officers, and all others controlled by them pursuant to 35
u.s.c. 283;
C. A full and complete accounting of all payments, receipts, income, benefits,
compensation, re-numeration, and monies received, paid or due in connection
with the production, importation, sale and distribution of the "PUNCH LIGHT!"
product in the United States;
D. An award equal to all oflntegral's profits as a result of the infringing sales
pursuant to 35 U.S.C. 289;
E. In the alternative, compensatory damages in the form of a reasonable royalty
4
Case 1:13-cv-00194-S-PAS Document 1 Filed 03/25/13 Page 5 of 5 PageID #: 5
pursuant to 35 U.S.C. 284;
F. Treble damages due to Integral's willful and intentional infringement of the
Patent pursuant to 35 U.S.C. 284;
G. An assessment of costs, including reasonable attorneys' fees, pursuant to 35
u.s.c. 285;
H. Interest; and
I. Such other relief as to the Court seems meet and just.
DATED: March;a_ , 2013
Plaintiff demands trial by jury.
1791931_1/5199-3
5
FREDERICK M. LEVINGER,
By His Attorneys,
P ~ E SNOW & HAHN LLP
~ 0 . .
Steven E. Snow (#1774)
180 South Main Street
Providence, RI 02903
(401) 861-8200 I (401) 861-8210 FAX
ses@psh.com
Case 1:13-cv-00194-S-PAS Document 1-1 Filed 03/25/13 Page 1 of 2 PageID #: 6
JS-44 (Rev. 3!08 Rl) CIVIL COVER SHEET
I. (a) PlAINTIFFS DEFENDANTS
F\LED
Frederick M. Levinger Integral Logistics, LLC
(b) County of Residence of First Listed Plaintiff County of Residence of First uZ!llleMARt 2 5
p 2: q \
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, JJo1JRfATION OF THE
(C) Attomey's (Finn Name, Address, and Telephone Number)
LANDINVOLVED. U) JiS\R\CI C '
GlSTH.l(i O" RHODE ISLAND
Steven E. Snow, Partridge Snow & Hahn LLP
Attorneys (If Known)

180 South Main St., Providence, RI 02903
CA 13
1 ( 40 1) R61-R200 D
-
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
01
(For Diversity Cases Only) and One Box for Defendant)
U.S. Government [E)J Federal Question
Plaintiff (U.S. Government Not a Party)
Citizen of This State
02 U.S. Government 04 Diversity
Citizen of Another State
Defendant (Indicate Citizenship of Parties in Item III)
Citizen or Subject of a
Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Only)
J Bankruptcy
140 Negotiable Instruments
430 Banks and Banking
H75 Customer Challenge to
Subpoena ( 12 U.S.C.
3410)
410 Anti-Trust
160 Stockholders' Suits
;;:: Osso Securities/
5 Commodities/
Exchange
Ut---------1
Other -
"'1-----------1

0196 Franchise
04l)0 Cable/Satellite TV
Consumer Credit
Q'\71 Truth in Lending
04so Consumer Credit
0190 Other Contracts
Employment
Safety /Health
0710 Fair Labor Standards Act
0720 Labor/Management
Relations
0730 Labor/Management
Reporting and Disclosure
Act
0740 Railway Labor Act
0790 Other Labor Litigation

. "'1\Wll .. ... . . .. . . ".
0 150 Recovery of
Overpayment and
Enforcement of Judgment
(Collections)
0151 Medicare Act
0152 Recovery of Defaulted
Student Loans (excluding
Veterans)
0153 Recovery of
Overpayment of
Veterans' Benefits
0370 Other Fraud
0440 Other Civil Rights
(Immigration/Deportation)
0450 Commerce
0460 Deportation
8
610 Agriculture
620 Other Food and Drug
0625 Drug related seizure of
property
0630 Liquor Laws
0640 Railroad and Truck
CONTINUED ON
REVERSE SIDE
PTF DEF PTF DEF
Or 01 Incorporated or Principal Place 04 04
of Business In This State
02 02 Incorporated and Principal Place Ds Ds
of Business In Another State
03 03
Foreign Nation
650 Airline Regs.
690 Other (Forfeiture)
90 Other (Health Care)
810 Selective Service
0870 Taxes (U.S. Plaintiff or
Defendant)
Osn IRS-Third Party (26
u.s.c. 7609)

890 Other Statutory Actions

891 Agricultural Acts
892 Economic Stabilization
Act
8
894 Energy Allocation Act
895 Freedom of lnfonnation
Act
0900 Appeal of Fee
Determination under
Equal Access to Justice
Act
510 Motions to Vacate
Sentence (2254)
0510 Motions to Vacate
Sentence (2255)'
0530 General (Habeas)
0535 Death Penalty
0540 Mandamus and Other
8
550 Civil Rights (1983)
555 Prison Conditions(1983)
0210 Land Condemnation
0220 Foreclosure
0230 Rent, Lease and
Ejectment
0240 Torts to Land
0290 All other Real Property
0380 Other Personal Property
Damage
06 06
0470RICO
Liability
0245 Tort Product Liability
0315 Airplane Product
Liability
0345 Marine Product
Liability
0355 Motor Vehicle
Product Liability
0365 Personal Injury
Product Liability
0385 Property Damage
Product Liability
Slander
0330 Federal Employers'
Liability
0360 Other Personal Injury
0368 Asbestos Personal
Injury
Case 1:13-cv-00194-S-PAS Document 1-1 Filed 03/25/13 Page 2 of 2 PageID #: 7
V. ORIGIN (Place an "X" In One Box Only)
!Bll Oz 03 04 Os 06 07
Original Removed from Remanded from Reinstated or Transferred from Multidistrict Appeal to District Judge
Proceeding State Court Appellate Court Reopened another district Litigation From Magistrate Judgment
(Specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. Section 271
VI. CAUSE OF AC'TION
Brief description of cause:
VII. REQUESTED IN 0 Check if this is a Class Action DEMAND$ JURY DEMAND: IBJ Yes 0 No
COMPLAINT Under F.R.C.P. 23 (Check YES Q!!b:: if demanded in complaint)
VIII. RELATED CASE(S)
Date
IF ANY JUDGE DOCKET NUMBER
Because of the need for accurate and complete mformahon, you should ensure the accuracy of the mformatwn provtded pnor to stgmng the form.
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET 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 pleadings or other papers as required
hy 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. Listed below
are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the Cover Sheet.
I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (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.)
III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed Q!).!Y. if diversity of citizenship was selected as the Basis of Jurisdiction under
Section II.
IV. NATURE OF SUIT: Place an X in the appropriate box. Make sure to select the Nature of Suit from the category which best describes the primary cause
of action found in your complaint. You must select Q!!!y 2.!:! nature of suit.
VIII. RELATED CASES, IF ANY: 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.
Receipt#----- Amount----- Applying IFP ----
Judge --------
Mag. Judge-------
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 1 of 7 PageID #: 8
EXHIBIT A
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 2 of 7 PageID #: 9
1111111111111111111111111111111111111 111111111111111111111111111111111
(12) United States Design Patent
Levinger
(54) COMBINATION LIGHT AND CIGAR
CUTTING BLADE
(76) Inventor: Frederick N. Levinger, Palm Beach
Gardens, FL (US)
(**) Term: 14 ears
(21) Appl. No.: 29/413,091
(22) Filed: Feb.lO, 2012
(51) LOC (9) Cl .................................................. 26-02
(52) U.S. Cl ............................. D26/38; 026/49; D3/209
(58) Field of Classification Search ................... 026/37,
026/38,40,42,46,49, 51; 3621157, 158,
3621184, 194-208, 253; 0271194, 195; 03/209
See application file for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
{
D253,494 S * llfl979 $1t-Lae .......................... 026/49
5,535,763 A 7/1996 j:onte
D386,271 S * 1111997 Shiau ............................. D26/46
5,738,117 A 4/1998 . Fontaine, Jr.
5,799,662 A 9/1998 J Conte
D403,451 S * 12/1998 Ting ............................... D26/37
5,862,808 A l/1999 Albarello
D407,508 s "' 3/1999 Chiu .............................. 026/37
5,888,061 A 3/1999 Reynolds
0413,401 S * 811999 McDonald et al ............. D26/49
0414,887 S * 10/1999 McDonald et al ............. D26/46
D414,893 S * 10/1999 Moore ......................... D27/195
0417,525 S * 12/1999 Brushett ...................... D27/195
6,026,574 A 2/2000 Ghavami et al.
6,032,679 A 3/2000 McG!auflin
6,102,047 A 812000 Manderick
0431,355 S * 1012000 Boyd, Jr ......................... D3/209
D468,659 S * 112003 Rauber .......................... Dl1181
0488,245 S * 4/2004 McDonald et al ............. D26/49
0495,076 S "' 812004 Mandel .......................... D26137
USOOD673314S
(IO) Patent No.: US D673,314 S
** Dec. 25, 2012
(45) Date of Patent:
0497,215 s ..
6,907,886 B2
0531,743 s ..
D537,208 s ..
0560,007 s "'
D563,004 s *
0608,942 s *
D612,968 s ..
D624,220 s *
2005/0174754 Al"'
2005/0257797 AI
2009/0133705 AI
20 ll/0146696 Al
* cited by examiner
I 0/2004 Shaljian ......................... D26/51
6/2005 Kemanjian
11/2006 Opolka .............. ...... ...... D26/37
2/2007 Shaljian ......... .... ......... ... 028/55
1/2008 McMillan et aJ .............. D26137
2/2008 Biglarians ... ....... ... ......... D26/38
1/2010 Hbaiu .......................... D27/195
3/2010 Ma .............. ................... D26/49
9/2010 Shaljian ............. ... ......... D26/38
8/2005 Fang ............................. 362/118
1112005 Taylor
5/2009 Smith
6/2011 Dipple
Primary Examiner - Ian Simmons
Assistant Examiner- Carissa C Fitts
(74) Attorney, Agent, or Firm- Salter & Michaelson
(57) CLAIM
The ornamental design for a combination light and cigar
cutting blade, as shown and described.
DESCRIPTION
FIG. 1 is a top front perspective view of a combination light
and cigar cutting blade;
FIG. 2 is a left-side elevational view thereof;
FIG. 3 is a right-side elevational view thereof;
FIG. 4 is a top elevational view thereof;
FIG. 5 is a bottom elevational view thereof;
FIG. 6 is a front elevational view thereof;
FIG. 7 is a rear elevational view thereof; and,
FIG. 8 is a top rear perspective view thereof with the cutter in
open position.
The portions shown in broken lines are included for illustra-
tive purposes only and form no part of the claimed design.
1 Claim, 7 Drawing Sheets
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 3 of 7 PageID #: 10
U.S. Patent Dec. 25, 2012 Sheet 1 of7 US D673,314 S
FIG.1
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 4 of 7 PageID #: 11
U.S. Patent Dec. 25,2012
I
: I
I.
i I
I.
\ \
~ I
I\
I I
I I
Sheet 2 of7
FIG. 2
US D673,314 S
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 5 of 7 PageID #: 12
U.S. Patent Dec. 25, 2012 Sheet 3 of7 US D673,314 S
FIG. 3
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 6 of 7 PageID #: 13
U.S. Patent Dec. 25, 2012 Sheet 4 of7 US D673,314 S
FIG. 4
Case 1:13-cv-00194-S-PAS Document 1-2 Filed 03/25/13 Page 7 of 7 PageID #: 14
U.S. Patent Dec. 25, 2012 Sheet 5 of7 US D673,314 S
FIG. 5
Case 1:13-cv-00194-S-PAS Document 1-3 Filed 03/25/13 Page 1 of 3 PageID #: 15
EXHIBITB
Case 1:13-cv-00194-S-PAS Document 1-3 Filed 03/25/13 Page 2 of 3 PageID #: 16
Case 1:13-cv-00194-S-PAS Document 1-3 Filed 03/25/13 Page 3 of 3 PageID #: 17
PCUT101
GUNMETAL &
BRUSHEO CHROME
Case 1:13-cv-00194-S-PAS Document 1-4 Filed 03/25/13 Page 1 of 2 PageID #: 18
PCUTlOl
GUmAETAL&
BRUSHED CHROME
Case 1:13-cv-00194-S-PAS Document 1-4 Filed 03/25/13 Page 2 of 2 PageID #: 19
Case 1:13-cv-00194-S-PAS Document 1-5 Filed 03/25/13 Page 1 of 2 PageID #: 20
EXHIBITC
Case 1:13-cv-00194-S-PAS Document 1-5 Filed 03/25/13 Page 2 of 2 PageID #: 21
diLl\ PLEAS CALL
1-800-BE-SHARP
YOUR RECEIPT
THANK YOU
ll/31/2013 12:05PM 01
)00000#4184 CLERKOl
1 @ $150.00
1 ACCESSORY Tl$150.00
ST $150.00
TAX1 $10.50
ITEMS 10
***TOTAL $1 60. 50
- 4SH $170. 00
$9.50
TO= FrAN
SHIP TO:
ADDRESS:
REQ_NQ_
roR:
DATE:
DATE REQUIRED:
I HOW SHIP:
TERMS:

--
,.


..
lY1ek - i-eJ
'
pu.ncJr eR.._!
L!so
-"
tv

7 -

'
..
.1
,,
\l"f'
(':f.:.""
.t'{l
'


...... -::

I M
p
0 R T A N T
PLEASE SEND COPIES OF YOUR INVOICE-
'
OUR ORDER NUMBER MUST APPEAR ON All
INVOICES-PACKAGES, ETC
PURCHASING AGENT
PlEASE NOTIFY US IMMEDIATELY IF YOU ARE
UNABLE TO SHIP COMPLETE ORDER BY DATE
SPECIFIED-
'R':-:r. .
REDIFORM 2006
PURCHASE ORDER
1U40
ORIGINAL