IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
United States of America ex rel.
KAIROS SCIENTIA, INC.,
3085 Call Road
Stow, Ohio 44224
173 Belmont Drive
Somerset NJ 08875
CASE NO.: 5:10-CV-383
COMPLAINT FOR FALSE PATENT
Demand for Jury Trial
Relator, KAIROS SCIENTIA, INC.(“KAIROS”) for its Complaint against Defendant ZINSSER
COMPANY (“ZINSSER”) alleges as follows:
NATURE OF THE CASE
1. This is an action for false patent marking under Title 35, Section 292, of the United States Code.
2. At least in part. it is alleged that ZINSSER marked products (listed below) with expired patent
numbers and/or advertised them as patented in violation of 35 U.S.C. § 292(a).
3. KAIROS seeks an award of damages against ZINSSER, one half of which shall be paid to the
United States pursuant to 35 U.S.C. § 292(b).
4. Relator KAIROS is a corporation existing under the laws of the State of Ohio with its principal
place of business at 3085 Call Road, Stow, Ohio 44224.
5. Respondent ZINSSER is a corporation existing under the laws of the State of New Jersey, with a
principal place of business at 173 Belmont Street, Somerset, New Jersey 08875. ZINSSER
regularly does business in Ohio including selling products in this judicial district.
JURISDICTION AND VENUE
6. This Court has jurisdiction pursuant to the provisions of 28 U.S.C. § 1331 and 1338(a).
7. Venue is proper under 28 U.S.C. § 1391 and 1400(b).
CAUSE OF ACTION
8. ZINSSER sells and offers for sale a product called the “Paper Tiger.”
9. This item was given United States Patent Number 4,502,223 (“the 223 patent”) issued on March
5th, 1985. Ex. A.
10. ZINSSER is the assignee of record of the 223 patent.
11. ZINSSER sells and offers for sale a product called “DIF Wall Paper Stripper.”
12. This item was given United States Patent Number 4,067,773 (“the 773 patent)