Certain Paper Shredders, Certain Processes for Manufacturing or

Transcription

Baker 8- McKenzie LLP
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&;MCKENZIE
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815 Connecticut Avenue, N.W.
Washington, DC 20006-4078
United Slates
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Tel: +1 202 452 7000
Fax;+12024527074
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Asia Pacific
Bangkok
VIA HAND DELIVERY
°*~”‘@5R
Beijing
Hanoi
Ho Chi Minh City
December 20, 2012
Hung Kong
Jakarta‘
Kuala Lumpur‘
Manila‘
Melbourne
The Honorable Lisa R. Baiton
Shanghai
Singapore
Sydney
U.S. International Trade Commission
Acting
Secretary
500 E Street, S.W.
Taipei
Tokyo
Room 112
Europe, Middle East
& Alrica
Washington, D.C. 20436
02
Li
_________________________________
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Ofliceol the
3%'»"<”WY
lnt'l lump (‘unimission
Abu Dhabi
Almaty
Amsterdam
Antwerp
Bahrain
Re:
Certain Paper Shredders, Certain Processes for Manufacturing or Relating to
Same and Certain Products Containing Same; Investigation N0. 337-TA
Baku
Barcelona
Berlin
Brussels
Budapest
Cairo
Casablanca
Doha
Dusseldorf
Frankfurt/Main
Geneva
Istanbul
Johannesburg
Kyiv
London
Luxembourg
Madrid
Milan
Moscow
Munich
Paris
Prague
Riyadh
Rome
St. Fetersburg
Stockholm
Vienna
Warsaw
Zurich
Latin America
Dear Acting Secretary Barton,
On behalf of Fellowes, Inc. and Fellowes Office Products (Suzhou) Co. Ltd.
(“Complainants”), we enclose the below-listed documents for filing in support of our
request that the U.S. lntemational Trade Commission institute an investigation pursuant
to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337. A request for
confidential treatment of Confidential Exhibits D-G, I-K, R-T, V, W, and MM is
transmitted concurrently herewith.
Complainants have requested, but have not yet received (i) an original certified copy of
the Patent, Patent Assignment, and File History for United States Design Patent
D583,859; and (ii) an original certified copy of the Patent, Patent Assignment, and File
History for United States Design Patent D598,()48. We will submit original certified
copies of these documents as soon as the copies are received from the United States
Patent and Trademark Office.
Complainants submit the following documents for filing:
B ogota
Brasilia’
Buenos Aires
Caracas
Guadalajara
Juarez
1. One (1) original and eight (8) copies of the verified non-confidential Complaint
pursuant to 19 C.F.R. §§ 201.6(a), 210.4(f)(2), and 2l().8(a) (original and one
copy unbound, pursuant to 19 C.F.R. § 201 .8(d));
Lima
Mexico City
Monterrey
Porto Alegre'
Rio de Janeiro'
Santiago
Sao Paulo’
Tijuana
Valencia
Nnrlh America
2. One (1) CD-Rom loaded with the accompanying non-confidential Exhibits to the
Complaint for Commission use pursuant to 19 C.F.R. § 21O.4(f)(2);
3. One (1) CD-Rom loaded with the accompanying confidential Exhibits to the
Complaint for Commission use pursuant to 19 C.F.R. § 210.4(f)(2);
Chicago
Dallas
Houston
Miami
New York
Pale Alto
San Francisco
Toronto
Washington, DC
" Associated Firm
4. Nine (9) additional copies of the Complaint and nine (9) additional CD-Roms
loaded with accompanying non-confidential exhibits for service upon the nine
proposed respondents; and nine (9) additional CD-Roms loaded with confidential
Baker & McKenzie LLP is a member of Baker & McKenzie International, a Swiss Verein.
7788346-v1\WASDMS
BAKER & MQKENZIE
exhibits for service upon counsel for the respondents once appropriate
subscriptions to the protective order have been filed, pursuant to 19 C.F.R. §§
2l0.8(a)(1)(iii) and 210.11(a)); and
5. One (1) additional copy of the non-confidential version of the Complaint for
service upon the Embassy of the Peoples Republic of China in Washington D.C
pursuant to 19 C.F.R. § 210.8(a)(l)(iv).
Sincerely,
5%. ,%/%——’
Kevin M. O'Brien
Christine M. Streatfeild
BAKER & McKENZIE LLP
815 Connecticut Avenue, NW
Washington, D.C. 20006-4078
(202) 452-7032 (Tel.)
Daniel J. O'Connor
William Lynch Schaller
Shima S. Roy
Edward K. Runyan
300 East Randolph Drive, Ste. 5000
Chicago, Illinois 60601
(312) 861-8000 (Tel)
Counselfor Complainants
7788346-v1\WASDMS
BAKER & M¢KENzIE
Baker & McKenzie LLP
815 Connecticut Avenue, N.W.
Washington, DC 20006-4078
United States
Tel: +1 202 452 7000
Fax: +1 202 452 7074
www.bakermckenzie.com
Asia Pacific
Bangkok
Beijing
Hanoi
Ho Chi Minh City
Hong Kong
VIA HAND DELIVERY
December 20, 2012
Jakarta
Kuala Lumpur'
Manila‘
Melbourne
Shanghai
Singapore
Sydney
Taipei
Tokyo
Europe, IllllddleEast
& Africa
The Honorable Lisa R. Barton
Acting Secretary
U.S. Intemational Trade Commission
500 E Street, S.W.
Room 112
Washington, D.C. 20436
Aou Dhabi
Almaty
Amsterdam
Antwerp
Bahrain
Baku
Barcelona
Re:
Certain Paper Shredders, Certain Processes for Manufacturing or
Relating to Same and Certain Products Containing Same; Investigation
No. 337-TA
Berlin
Brussels
Budapest
Cairo
Casablanca
Doha
Dusseldorf
Frankfurt/Main
Genevfl
Istanbul
Johannesburg
Kyiv
London
Luxembourg
Madnd
Dear Acting Secretary Barton,
On behalf of Fellowes, Inc. and Fellowes Office Products (Suzhou) C0. Ltd.
(“Complainants”) and pursuant to l9 C.F.R. § 201.6, we request confidential treatment of
the information contained in brackets in Confidential Exhibits D, E, F, G, I, J, K, R, S, T,
V, W, and MM of Complainants’ Complaint, filed today pursuant to Section 337 of the
Tariff Act of 1930, as amended, l9 U.S.C. § 1337. Specifically, we request confidential
treatment for the following Confidential Exhibits:
Milan
Moscow
Munich
Paris
l. Confidential Exhibit D, which is a copy of a labor agreement;
Prague
2. Confidential Exhibit E, which is an internal company policy;
Riyadh
Rome
St. Petersburg
Stockholm
Vienna
Warsaw
Zurich
Latin America
3. Confidential Exhibit F, which is an intemal company policy;
4. Confidential Exhibit G, which is an internal company manual;
5. Confidential Exhibit I, which is a supplier agreement;
Bogota
Brasilia’
Buenos Aires
6. Confidential Exhibit J, which is a confidentiality agreement;
Caracas
Guadalajara
Juarez
7. Confidential Exhibit K, which is a confidentiality agreement;
Lima
8. Confidential Exhibit R, which is an assignment;
Mexico City
Monterrey
Porto A|egre'
Rio de Janeiro'
Santiago
Sao Paulo‘
Tijuana
Valencia
North America
Chicago
Dallas
Houston
Miami
New York
Pale Alto
9. Confidential Exhibit S, which is a molding agreement;
10. Confidential Exhibit T, which is a confidentiality agreement;
11. Confidential Exhibit V, which is a molding agreement;
12. Confidential Exhibit W, which is a supplier tooling agreement; and
13. Confidential Exhibit MM, which is a declaration describing, among other things,
facts and information supporting the domestic industry.
San Francisco
Toronto
Washington, DC
" Associated Firm
Baker & McKenzie LLP is a member of Baker & McKenzie International, a Swiss Verein.
7788984-v1\WASDMS
BAKER & MQKENZIE
%
'
The information described above qualifies as confidential infonnation pursuant to l9
C.F.R. § 201.6 because it is not available to the public; unauthorized disclosure of such
information could cause substantial harm to Complainants’ competitive position; and the
disclosure of the information for which Complainants’ seek confidential treatment could
impair the U.S. International Trade Commission’s ability to obtain information necessary
to perform its statutory functions.
Sincerely,
evin M. O'Brien
(202) 452-7032 (Tel.)
7788984-v1\WASDMS
2
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C. 20436
In the matter of
Certain Paper Shredders, Certain Processes for
Manufacturing or Relating to Same and Certain
Products Containing Same
Investigation N0_337-TA
COMPLAINANTS' STATEMENT OF PUBLIC INTEREST
In support of their Complaint filed on December 20, 2012, titled “Certain Paper Shredders,
Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same,”
Fellowes, Inc. and Fellowes Office Products (Suzhou) Co. Ltd (“Complainants”) respectfully submit this
separate statement of public interest as required by Commission Rule 2lO.8(b), 19 CPR § 2lO.8(b).
This proceeding involves unfair competition arising from the misappropriation of Complainants’
trade secrets and infringement of U.S. patents owned by Fellowes, Inc. Respondents manufacture
shredders, which are used to dispose of documents and other paper goods and items, using Complainants’
trade secrets. The requested remedial orders, which would exclude the shredders manufactured using
Complainants‘ trade secrets and shredders that infringe Fellowes, Inc.'s patents and trademarks, are in the
public interest. Indeed, the Commission has long recognized the strong public interest in enforcing
intellectual property rights. Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver
(Radio) Chip, Power Control Chips, Inv. 337-TA-543, USITC Pub. 4258, at 136-137 (October 2011).
In this case, the requested orders would not have an adverse effect on public health and welfare in
the United States, competitive conditions in the United States economy, the production of like or directly
competitive articles in the United States, or United States consumers.
1
(1)
Explanation of how the articles potentially subject to the orders are used in the
United States.
The articles potentially subject to exclusion and/or cease and desist orders are shredders
manufactured for use by consumers and small businesses. Proposed respondents, New United Co. Group
Ltd., Jiangsu New United Office Equipments Co. Ltd. ("New United"), Shenzhen Elite Business Office
Equipment C0. ("Elite Business Machines"), Elite Business Machines Ltd., New United Office
Equipment USA, Inc., Jiangsu Shinri Machinery Co. Ltd., Zhou Licheng, Randall Graves, and “Jessica”
Wang Chonggee manufacture the accused products outside of the United States for importation and sale
in the United States.
(2)
Identification of any public health, safety, or welfare concerns relating to the
requested remedial orders.
The issuance of exclusion and cease and desist orders in this matter would have no adverse
impact upon the public health, safety, or welfare of the United States.
The accused products are
shredders, and are not the type of products that have raised concerns by the Commission about public
health, safety or welfare. See, e.g., Certain Toothbrushes and the Packaging Thereofi lnv. No. 337-TA
39l, Commission Opinion on Remedy, the Public Interest, and Bonding (Oct. 15, 1996). Respondents‘
accused products represent a small portion of the shredder marketplace, and New United and other
competitors have the capacity to replace the volume of accused products. The issuance of the requested
orders would thus implicate no public health, safety, or wellness concems, and the requested orders would
serve the public interest of protecting United States intellectual property rights.
(3)
Identification of like or directly competitive articles that Complainant or third
parties make that would replace the subject articles if they were to be excluded.
Fellowes designs, manufactures and sells numerous types of shredders that compete with the
proposed Respondents‘ shredders. Moreover, New United and Elite Business Machines are only two of
numerous companies that manufacture shredders. Even if the accused products in this matter are
excluded, consumers and other purchasers of shredders would still have a wealth of products from which
to choose that would continue to be manufactured by Fellowes and other competitors.
2
(4)
Indication of whether the Complainants have the capacity to replace the volume of
articles subject to the requested remedial orders in a commercially reasonable time
in the United States.
The accused products account for a minimal portion of the shredder marketplace in the United
States. Fellowes, Inc. and other manufacturers comprise the majority of the United States marketplace for
shredders. Fellowes and other manufacturers have the ability and capacity to replace any and all sales of
the accused products by Respondents.
(5)
Statement of how the requested remedial order would impact customers.
The issuance of exclusion and cease and desist orders in this Investigation will not adversely
impact customers or materially limit customer choice. None of the potentially excluded products are
unique in the shredder marketplace and, as set forth above, the potentially excluded products comprise
only a small portion of the United States market for shredders. Should the accused products become
subject to exclusion and cease and desist orders, the legitimate manufacture and sale of shredders by
ZZ/
various manufacturers will continue to provide the United States market with numerous choices of
shredders without disruption.
Dated: December 20, 2012
Respectfully submitted,
Kevin M. O'Brien
815 Connecticut Ave., N.W.
(202) 452-7032 (Ph.)
(202) 416-7032 (Fax)
Daniel J. O'Connor
William L. Schaller
Shima S. Roy
Edward K. Runyan
300 E. Randolph Dr.
Suite 5000
(312) 861-8005 (Ph.)
(312) 618-9540 (Fax)
3
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C. 20436
In the matter of
Investigation N0. 337-TA
Certain Paper Shredders, Certain Processesfor
Manufacturing or Relating to Same and Certain
Products Containing Same and Certain Parts
Thereof
CONFIDENTIAL BUSINESS
INFORMATION CONTAINED IN
CONFIDENTIAL EXHIBITS D-G,
I-K, R-T, V-W and MM
COMPLAINT UNDER SECTION
337 OF THE TARIFF ACT OF 1930
Complainants:
Proposed Respondents:
Fellowes, Inc.
1789 Norwood Avenue
Itasca, IL 60143-1095
(630) 893-1600 (Tel.)
New United Co. Group Ltd.
No 18 Qianjia Industrial Park
Yaoguan Town, Wujin District
Changzhou, Jiangsu 213011, China
(86) 519-88776088 (Tel.)
Fellowes Office Products
(Suzhou) Co. Ltd.
1 Shilin Road
Suzhou New District
Jiangsu Province
Suzhou 215151, China
(86) 512-81880200 (Tel.)
Counsel for Complainants:
Kevin M. O'Brien
Christine Streatfeild
(202) 452-7032 (Tel.)
Daniel J. O'Connor
Shima S. Roy
Edward K. Runyan
Jiangsu New United Office Equipments Co. Ltd.
No. 6 Qianjia Industrial Park
Yaoguan, Jiangsu Province 213011, China
(86) 519-88198000 (Tel.)
(86) 519-88381088 (Facsimile)
Shenzhen Elite Business
Office Equipment Co. Ltd.
No. 88 Fuhuasan Road, Futian District
Unit 11Dl5, 11th Floor, Fortune Plaza
Shenzhen City, Guangdong Province, China,
5 18026
(86) 755-83042501 (Tel.)
Elite Business Machines Ltd.
Unit 1A, 2nd Floor, Fu Tao Building
98 Argyle Street, Mong Kok, Kowloon
Hong Kong Special Administrative Region
China
(85) 225-274889 (Tel.)
(312) 861-8000 (Te1.)
New United Office Equipment USA, Inc.
3701 Commercial Ave.
Northbrook, Illinois 60062
(708) 204-2648 (Tel.)
Jiangsu Shinri Machinery Co. Ltd.
Qianjia Industrial Park, Yaoguan Town
Wujin District, Changzhou, Jiangsu Province
China
(86) 519-88385508 (Tel.)
(86) 519-8373788 (Facsimile)
Zhou Licheng, an individual citizen,
and resident of, China
No. 45, Miaotou Natural Village, Qianjia
Administrative Village, Yaoguan Town
Wujin District, Changzhou City, Jiangsu Province
China, 213102
(86) 519-88776088 (Tel.)
Randall Graves, an individual citizen of the
United States and a resident of China
Apartment 1201, Unit C, Block 320
Nandu Section, Hutang New City Complex
Wujin District, Changzhou City, Jiangsu Province
China, 213161
(86) 1323-0237530
"Jessica" Wang Chongge, an individual citizen,
and resident of, China
Group 1, Tonguyan Village, Tongyuan Town
Gaoling County, Xi'an City, Shaanzi Province
China 710202
(86) 755-83042501 (Te1.)
2
TABLE OF CONTENTS
Page
INTRODUCTION ..................................................................................................... ........l
A.
Statutory Framework ..................................................................................... ........l
Summary of Facts .......................................................................................... ........2
B.
THE PARTIES .......................................................................................................... ........4
A.
B.
Complainants ................................................................................................. ........4
Proposed Respondents ................................................................................... ........5
FELLOWES INTELLECTUAL PROPERTY .......................................................... ........7
A.
B.
C.
Fellowes Took Reasonable Measures to Maintain the Secrecy of its Trade
Secrets and Protect its Intellectual Property .................................................. ...... .. 8
Fellowes Trade Secrets .................................................................................. ..l3
l.
Fellowes' Development Process ............................................ ..l4
2.
Fellowes Bill of Specifications .............................................. ..16
3.
Fellowes‘ Design Tools, Drawings, Specifications and
Tolerances .............................................................................. ..l7
4.
Fellowes' Manufacturing Molds and Tooling ........................ ..17
5.
Fellowes Quality Control Tests. ............................................ ..l7
6.
Fellowes' "Key Learnings" and Training Materials ............... ..l8
Fellowes' Patents and Trademarks ................................................................. ..l8
BACKGROUND FACTS .......................................................................................... ..18
A.
Fellowes‘ Relationship with Jinsen ................................................................ ..18
B.
After 2006, Fellowes Continues to Provide Jinsen With All of the Trade
Secrets, Know-How, Molds and Tooling Necessary to Manufacture
Fellowes Shredders ........................................................................................ ..21
UNLAWFUL AND UNFAIR ACTS OF PROPOSED RESPONDENTS ............... ..23
A.
Zhou Disrupts the Business of the Joint Venture In An Effort to Gain
Control Over Jinsen's Manufacturing Facility and Fellowes Trade Secrets
and Know-How .............................................................................................. .. 23
B.
Zhou Forms New United With Graves and Hires Away Former Jinsen
Employees, Former FBM Engineers and Current Fellowes Suzhou
Engineers to Work at New United .............................................................. .. 25
New United Uses Fellowes Trade Secrets and Know-How to Manufacture
Shredders for Importation Into the United States ....................................... .. 26
C.
_i_
TABLE OF CONTENTS
(continued)
D.
1.
New United advertises its use of Fellowes‘ know-how,
testing protocols, processes and methodologies. ...................
2.
New United is wrongfully using Fellowes' proprietary
molds and injection molding tools to manufacture
shredders it is importing into the United States, which
embody Fellowes Trade Secrets. ........................................ ..
Representative Example One: New United‘s
SimplyShred model no. S4-14CP ........................... ..
b.
Representative Example Two: New United‘s
SaberCut 8Mu. ........................................................ ..
Zhou Misappropriates 70,000 Finished Fellowes Shredders ...................... ..
1.
Graves offers the Finished Fellowes Shredders for sale into
the United States. ................................................................ ..
2.
E.
a.
The sale of the Finished Fellowes Shredders will cause
reputational and monetary damage to Fellowes. ..................
Respondents Are Importing Into the United States, Selling for Importation
or Selling Within the United States, Shredders that Infringe Fellowes‘
Design Patents ............................................................................................ ..
VI.
IMPORTATION INTO, SALE FOR IMPORTATION INTO, AND SALE
AFTER IMPORTATION WITHIN THE UNITED STATES ............................... ..
VII.
RELATED LITIGATION ...................................................................................... ..
VIII.
THE DOMESTIC INDUSTRY .............................................................................. ..
IX.
SUBSTANTIAL INJURY AND THREAT OF SUBSTANTIAL INJURY ............
X.
RELIEF REQUESTED .......................................................................................... ..
-11
I.
INTRODUCTION
A.
Statutory Framework
1.
Fellowes, Inc. ("Fellowes“) and Fellowes Office Products (Suzhou) Co. Ltd.
("Fellowes Suzhou“) (collectively "Complainants") file this Complaint to remedy violations of
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 ("Section 337"), that arise
from the misappropriation of Complainants’ trade secrets and proprietary information relating to
Fellowes’ shredders, and infringement of United States patents owned by Fellowes.
2.
This case is brought under the Commission‘s authority over "[u]nfair activities"
pursuant to Section 337(a)(l)(A) and (B). The articles at issue are "shredders," which are used to
dispose of documents and other paper goods and items by shredding them.
There are two
categories of "unlawful activities" that are the subject of this Complaint: (i) misappropriation and
use of trade secrets; and (ii) infringement of patents.
3.
The misappropriation of trade secrets set forth herein, in violation of Section
337(a)(l)(A), took place in two ways: First, the Respondents wrongfully obtained in China
possession and control of physical equipment, machinery, and documents that embody and
contain Complainants‘ trade secrets; and second, the Respondents hired away employees of a
Fellowes‘-affiliated Chinese joint venture who were in possession of Complainants‘ trade secrets
and who were aware that they had a duty not to disclose them.
4.
The unfair acts in the “importation of articles" in violation of Section
337(a)(l)(A) complained of herein are the importation into the United States of shredders made
in China of using Complainants‘ trade secrets.
All of the shredders manufactured by
Respondents are made using Complainants’ trade secrets. Numerous models of Respondents’
shredders are being imported into the United States.
5.
The acts of unfair competition complained of herein threaten "to destroy or
substantially injure an industry in the United States", pursuant to Section 337(a)(l)(A)(i). The
shredders that Respondents are importing into the United States, made using Complainants‘ trade
secrets, compete with Fellowes‘ shredders sold in the United States, and they are sold at
significantly lower prices.
6.
The unlawful activities complained of herein also include violations of Section
337(a)(l)(B), in that they include the importation into the United States, the sale for importation
or the sale within the United States, of shredders that infringe United States patents and, as to
which, there is an industry in the United States relating to the articles protected by the asserted
patents.
B.
Summary of Facts
7.
In 2007, Fellowes‘ affiliate, Fellowes Hong Kong Ltd. ("Fellowes Hong Kong")
acquired a fifty-percent ownership interest in an existing Chinese joint venture, Changzhou
Jinsen Office Supplies Co. Ltd. The other fifty-percent was owned by Jiangsu Shinri Machinery
Co. Ltd. ("Shinri"), a company owned and controlled by an individual named Zhou Licheng
("Zhou"). Thereafter, Changzhou Jinsen Office Supplies Co. Ltd. also conducted business under
the name Fellowes Manufacturing (Changzhou) Co. Ltd. ("Jinsen"). The purpose of Jinsen was
to manufacture shredders exclusively for Fellowes. Fellowes provided Jinsen with its trade
secrets, know-how and all of the tooling, molds and other processes needed to manufacture its
shredders.
8.
Jinsen operated smoothly for three years. However, in August 2010, Zhou made a
series of demands on Fellowes, including a demand that Fellowes assign all of its trade secret
and other intellectual property rights and engineering capabilities to Jinsen. When Fellowes
2
refused, Zhou engaged in "self-help.“ Specifically, Zhou blockaded the entrances and exits to
Jinsen‘s facility, thereby halting all production and shipments. When Jinsen failed as a result of
Zhou's actions, Zhou manipulated the Chinese legal process and took physical control of Jinsen's
facility and its inventory, including 70,000 packaged Fellowes shredders.
9.
Thereafter, Zhou, along with Randall Graves, the former operations manager of
Jinsen, formed Respondent Jiangsu New United Office Equipments Co. Ltd. (“New United").
New United presently operates at the Jinsen facility, manufacturing shredders for importation
into the United States, utilizing the tooling, molds, other equipment and documents that embody
Fellowes' trade secrets.
10.
Respondents also hired away former Jinsen employees and engineers who
themselves were privy to, and had knowledge of, Complainants‘ trade secrets and know-how and
who were obligated not to disclose them. In essence, Respondents replicated the Jinsen joint
venture in order to unfairly acquire the benefit of Fellowes' proprietary knowledge and expertise.
11.
New United is now profiting from its wrongdoing. It is using Complainants‘ trade
secrets and know-how to manufacture shredders for importation and sale in the United States in
competition with Fellowes and other domestic shredder manufacturers. Respondents have also
offered for sale 70,000 finished Fellowes-branded and Fellowes-packaged shredders, which were
in inventory at Jinsen.
12.
Under Section 337, such “[u]nfair methods of competition and unfair acts in the
importation of articles" would subvert Fellowes' standing in the domestic shredder industry and
undermine the domestic shredder industry as a whole. Fellowes now seeks relief under those
Sections to ensure its own survival as a U.S. company and to protect the threatened integrity of
the domestic shredder market.
3
II.
THE PARTIES
13.
The parties in this action are described below. Attached as Exhibit A is a chart
that shows the parties and their relationships with each other and other relevant entities.
A.
Complainants
14.
Complainant Fellowes is a family-owned corporation organized and existing
under the laws of the State of Illinois with its principal place of business at 1789 Norwood
Avenue, Itasca, Illinois 60143-1095.
Fellowes is a manufacturer and marketer of business
machines, record storage solutions and technology accessories. Fellowes designs, engineers,
manufactures and tests products at its facility in Itasca, Hlinois, including Fellowes® brand
shredders.
15.
Fellowes is a fourth-generation family business that was founded in 1917 by
Harry Fellowes, the grandfather of Fellowes‘ current Chairman and CEO, James Fellowes, and
the great-grandfather of Fellowes‘ President, John Fellowes.
The business originally
manufactured and sold corrugated filing boxes designed for bank and tax records. Following
World War II, Fellowes expanded its product lines to meet the demands of office environments
around the United States, as Fellowes broadened its expertise from Bankers Box® records
storage boxes to entire systems of efficient records management.
16.
In 1982, Fellowes introduced the product for which it has perhaps become best
known: the Fellowes paper shredder, now known as the “World's Toughest Shredder."
As
discussed below, Fellowes‘ decades-long investment in the design, engineering, and intellectual
property protection of its shredders has enabled Fellowes to become the leader in the U.S. and
global shredder markets. Indeed, today Fellowes employs approximately 1,400 employees in 16
countries, including employees throughout the United States.
4
17.
Complainant Fellowes Suzhou is an affiliated entity of Fellowes operating in
Suzhou, China. Fellowes Suzhou provides testing and engineering support to Fellowes’ Illinois
headquarters. On February 14, 2011, Fellowes assigned to Fellowes Suzhou the ownership and
rights under all of the agreements related to the use and safekeeping of the Fellowes‘ tools, molds
and other manufacturing and production equipment used by the Jinsen joint venture.
18.
Prior to 2010, the functions currently performed by Fellowes Suzhou were
performed by Fellowes Business Machines (Suzhou) Co. Ltd. ("FBM"), an entity also affiliated
with Fellowes.
B.
Proposed Respondents
19.
Respondent New United is a joint venture company organized and existing under
the laws of China. New United was formed in December 2010 shortly after Respondent Zhou
caused Jinsen to cease operations as described herein.
New United manufactures and sells
shredders. Its principal place of business is at .Iinsen's former facility, No. 6 Qianjia Industrial
Park Yaoguan, Jiangsu Province, China 213011. The owners of New United are Respondents
New United Group Co. Ltd. and Shenzhen Elite Business Machines Office Equipment Co. Ltd.
20.
Respondent New United Group Co. Ltd., a Chinese company, is a 51% owner of
New United. New United Group Co. Ltd. is owned by Respondent Zhou and his family.
21.
Respondent Zhou Licheng ("Zhou"), an individual, is a citizen of China and
resides in the Wujin District, Changzhou Prefecture-Level City, Jiangsu Province, China. Zhou
is an owner of, and controls, Respondent New United and New United Group Co. Ltd.
22.
Respondent Elite Business Machines Ltd. ("Elite Business Machines"), a Chinese
company, is a 49% owner of New United.
(See New United webpages at http://www.nu
office.com/about.asp and http://www.nu-office.com/news.asp?Action=Show&ID=72, attached
5
as Exhibit B). Respondent Elite Business Machines, has a registered address at Unit 1A, 2nd
Floor, Fu Tao Building, 98 Argyle Street, Mong Kok, Kowloon, Hong Kong Special
Administrative Region, China. It is 100% owned by former Jinsen employee and Respondent
"Jessica" Wang Chongge, and managed and controlled by Jinsen's former operations manager
and Respondent Randall Graves.
23.
Respondent Shenzhen Elite Business Office Equipment Co. Ltd. ("Shenzhen
Elite"), has a registered address at Unit llDl5,
llth Floor, Fortune Plaza, No. 88 Fuhuasan
Road, Futian District, Shenzhen City, Guangdong Province, China 518026.
Upon information
and belief, Shenzhen Elite is the 100% owner of Elite Business Machines Ltd. Shenzhen Elite is
100% owned by Respondent "Jessica" Wang Chongge and managed and controlled by its
Director, Respondent Randall Graves. It is purportedly engaged in the business of design,
development and sales of office equipment and machinery.
24.
Respondent "Jessica" Wang Chongge ("Chongge"), an individual, is a citizen of
China and resides there at Group l, Tongyuan Village, Tongyuan Town, Gaoling County, Xi'an
City, Shaanxi Province, China 710202. She is a former employee of Jinsen, where she worked in
its quality department.
Chongge owns Respondents Shenzhen Elite and Elite Business
Machines.
25.
Respondent Randall Graves ("Graves"), a United States citizen and resident of
China, is a former Fellowes employee. From November 22, 2004 until his termination on March
30, 2009, Graves served as the operations manager of Fellowes‘ Chinese operations, including
the joint venture‘s manufacturing operations. As operations manager, Graves was charged with,
among other duties, ensuring that the manufactured products consistently met Fellowes‘ product
quality standards and with identifying particular issues in the manufacturing process that could
6
be improved. Accordingly, Graves had access to Fellowes‘ proprietary information, including
Fellowes trade secrets, know-how and other confidential information related to new Fellowes
designs. Graves purportedly specializes in the design, development and sale of office equipment
and machinery. Prior to his joint venture with New United, Graves attempted to launch four
shredder platforms based on Fellowes‘ cutting blocks (the essential, mechanical cores of
Fellowes' shredders), but failed to succeed in any of those attempts.
26.
Respondent Jiangsu Shinri Machinery Co. Ltd. ("Shinri") is a Chinese company
owned and controlled by Zhou. Shinri was Fellowes Hong Kong's fifty-percent joint venture
partner in Jinsen.
27.
Respondent New United Office Equipment USA, Inc. ("New United Chicago“) is
an Illinois corporation located at 3701 Commercial Avenue, Northbrook, Illinois. New United
Chicago‘s stated purpose, according to New United is to "contact and maintain" New United's
customers.
(See New United website at http://www.nu-office.com/service.asp, attached as
Exhibit C). New United Chicago is the United States distributor for New United and imports
New United‘s products into the United States.
III.
FELLOWES INTELLECTUAL PROPERTY
28.
Fellowes‘ success in the shredder industry is due in large part to its substantial
investment in its intellectual property. Beginning in 1982, Fellowes has invested significant time,
money and effort to research, develop, engineer and commercially implement Fellowes‘
technology, including Fellowes' trade secrets.
Over time, and through such investments,
Fellowes perfected its development and testing processes along with the engineering know-how
necessary to manufacture high-quality Fellowes shredders.
7
A.
Fellowes Took Reasonable Measures to Maintain the Secrecy of its
Trade Secrets and Protect its Intellectual Property
29.
Each of the Fellowes Trade Secrets has been, and is the subject of, efforts by
Fellowes and Fellowes Suzhou that were and are diligent and reasonable under the circumstances
to maintain the secrecy and confidentiality of each of the Fellowes Trade Secrets. Those efforts
are described as follows.
30.
Access to Jinsen was restricted. It was a walled facility, and there was only one
entrance, which was guarded. All visitors to, and employees of, Jinsen were required to pass
through a security check—inpoint. Visitors and employees were also required to wear a badge.
31.
At all relevant times, Fellowes Hong Kong required employees of Jinsen to enter
into confidentiality agreements, which provided:
Employee agrees to maintain all information (“Confidential
Information”), which may be disclosed by Company concerning
manufacturing and management processes and technology,
marketing or financial information of Company or any business
entity affiliated with Company or with whom Company has signed
a secrecy agreement known to Employee, information relating to
the products, procedures, business and services of Company, in the
strictest confidence; Employee also agrees not to disclose, directly
or indirectly, in any manner, any such information to any person
within Company who has no need to know it or any Third Party
without the prior written consent of Company or to use any such
information in competition with Company or for any purpose other
than Employee’s performance of his duties and obligations under
this Contract, unless such information has been in the public
domain at the time of its disclosure. Employee especially agrees
that this obligation will survive the termination or discharging of
this Contract, whether during or after his employment with
Company.
Confidential Information as referred to above shall further cover
and include any information which Employee may acquire, beyond
the work assigned by Company, on his/ own or in any other way
by making use of any machinery, equipment, data, material,
drawing, blueprints, memoranda, client lists, formulae, document
owned or kept by Company, whether or not within the working
hours and on Company premises. In this case, Employee shall
8
notify Company in writing of such Confidential Information in a
timely manner.
(Labor Agmt. at Art. 8, attached as Confidential Exhibit D).1 Jinsen employees were also
required to review and acknowledge receipt of a written "Code of Conduct," in which all
employees were advised that they had a duty not to disclose confidential information and that
they were required to abide by Fellowes' privacy policies.
32.
To the extent Fellowes Trade Secrets were stored on Fellowes‘ computer system,
Fellowes took security measures to ensure that its computer systems were protected. Access was
restricted to designated and approved users. These security measures, which are included in
written company policy statements, applied to all Fellowes employees and Fellowes-affiliated
entities.
33.
At all relevant times, access to Fellowes’ computer-stored data was confidential,
and non-Fellowes‘ employees who required access to Fellowes information systems were
required to sign and return a non-disclosure agreement to their respective group manager before
Fellowes would grant them access to its computer system.
Access to Fellowes' information systems should be limited to
Fellowes employees with legitimate business needs. From time to
time, it may be appropriate to grant access to individuals other than
employees (e.g. temporary worker, consultant). In these cases, care
should be taken to protect confidential information. All guest,
temporary workers, auditors, and consultants must first sign and
return a NDA agreement through the manager of the group that
they are working with/through before being allowed to plug into
any of the Network ports in the facilities.
No person shall:
Q Knowingly gain access to, attempt to gain access to, or
cause access to be gained to any computer, computer
system, network, information storage media, or any other
1 The signed Labor Contracts were kept at the Jinsen facility. Complainants no longer have
access to them.
9
business system for which they do not have explicit
authorization
I
Alter, delete, or destroy data, information, or programs
contained on or in a computer, computer system, computer
network, information storage media, or other device
without consent of Fellowes or those authorized by
Fellowes, or
0
Shall knowingly introduce a set of instructions (such as a
virus), programmatic or otherwise, into a computer system,
computer network, storage media or device to perform any
act unwanted by Fellowes.
(See Fellowes Policy Governing Information Systems, attached as Confidential Exhibit E).
34.
Fellowes maintained a strict password policy that had password complexity
requirements and mandated that users change their passwords every sixty days. (See Fellowes IT
Policy, attached as Confidential Exhibit F).
35.
Fellowes prohibited its employees from downloading unauthorized and/or
personal software on their company-issued laptops to avoid security breaches. (See Fellowes
Help Desk Bulletin 3, attached as Confidential Exhibit G).
36.
When signing into Fellowes’ computer system remotely, users had to agree to
abide by Fellowes RemoteAccess Agreement:
Access to Fellowes’ systems through this portal is limited to
current Fellowes employees and authorized contractors. Any such
user is permitted access only to their accounts or such other
accounts as are specifically designated by the Fellowes CIO. Any
other usage is unauthorized and is subject to prosecution. This
portal allows access to information that is proprietary and/or
privileged. Access and use of this information is subject to
Fellowes policies on network usage and confidentiality as in effect
from time to time.
(See Fellowes RemoteAccess Agmt. (emphasis in original), attached as Exhibit H I.
37.
Fellowes was careful to mark many, if not all, of the documents containing
Fellowes Trade Secrets as "Confidential," and all those with access understood they were secret.
1O
38.
Fellowes used outside suppliers and vendors to manufacture certain parts, molds
and tooling for the manufacture of its shredders. At all times, Fellowes took steps to maintain
the confidentiality of any proprietary information given to those suppliers and vendors.
Fellowes entered into Molder's Agreements with its molders, which also made clear that the
molds contemplated by those agreements were owned by Fellowes. (Molder‘s Agmt. at §§ 3-4
and 8, attached as Confidential Exhibit I). Fellowes also required all of its suppliers to enter into
Supplier Confidentiality and Intellectual Property Agreements.
Those agreements expressly
required that the Supplier maintain the confidentiality of Fellowes’ proprietary information:
Fellowes shall provide Supplier with such tools of production and
such technical information as Fellowes believes is necessary for
Supplier to properly manufacture the products which the Parties
agree that Supplier shall manufacture. These tools, production
fixtures, and testing equipment, and this technical information,
including but not limited to tooling designs, engineering
specifications, manufacturing technology and product engineering
designs, are referred to as "Proprietary Materials and Information."
Supplier shall maintain the confidentiality of any Proprietary
Materials and Information and not use them except for purposes of
doing business with Fellowes.
Supplier will not use the
Proprietary Materials and Information to manufacture products for
itself or others unless expressly permitted in writing by Fellowes.
Supplier will not disclose Proprietary Materials and Information to
any third party, including employees, except for disclosures that
are required for the purpose of performing the work which
Supplier has agreed to do for Fellowes ("Work Related
Disclosure"). Supplier will only made a Work Related Disclosure
to someone who agrees to the same restrictions on disclosure and
use of the Proprietary Materials and Information which Supplier
has agreed to in this Agreement. Supplier will be responsible to
Fellowes for any improper disclosure or use of the Proprietary
Information by anyone receiving a Work Related Disclosure.
Proprietary Materials and Information shall include any Fellowes
owned or licensed programs, source code, information concerning
the Fellowes trade secrets, data, methods, processes, procedures,
networks, access and passwords resident on networks and
computer systems, any other confidential, financial or business
information of both parties, all information clearly marked as
ll
confidential, and all third party infonnation accessible on or via
Fellowes networks, systems, interfaces, and Internet links.
(Fellowes Confidentiality and Intellectual Property Agmt. at §§ l-3 and 6 (prohibiting use of
Fellowes‘ intellectual property protected by its patent rights), attached as Confidential Exhibit J;
see also Supplier Confidentiality and Intellectual Property Agmt. at §§ 1-3, attached as
Confidential Exhibit K).2
39.
All Jinsen employees and officers, including Respondents Zhou and Graves, knew
or had reason to know that they were: (i) to hold Fellowes Trade Secrets in confidence and
protect their secrecy; (ii) not to disclose or use any Fellowes Trade Secrets for his or her own
benefit or gain; and (iii) only to use the Fellowes Trade Secrets in furtherance of the manufacture
of shredders for Fellowes.
40.
Fellowes has also protected its distinctive designs with design patents issued by
the United States Patent and Trademark Office. The Fellowes design patents cover various
design features of Fellowes’ shredders. The asserted design patents are United States Design
Patent Nos. D583,859 (the "'859 Patent”) and D598,048 (the ‘"048 Patent"). (Copies of these
design Patents are attached as Exhibits L-M. The Prosecution Histories for the '859 and ‘O48
Patents respectively, are attached as Exhibits N-O. The Assignments of the '859 and ‘O48patents
are attached as Exhibits P-Q).3 Fellowes further protects its designs that are covered by its
design patents by providing statutory constructive notice of its patents by virtual marking under
35 U.S.C. § 287(a).
In compliance with that statute, the public can access without charge
Fellowes’ website at: www.assets.fellowes.com/documents/FellowesPatents.xls.
The website
associates patented Fellowes‘ products with the patents that apply to them.
2 Executed agreements of the type set forth in Confidential Exhibits I-K were kept at the Jinsen
facility.
3 Claimants have ordered certified copies of the design patents referenced herein and will
supplement their exhibits will the certified copies upon receipt of those documents.
12
41.
Fellowes registered its trademarks used on its shredders and packaging with the
United States Patent and Trademark Office.
B.
Fellowes Trade Secrets
42.
All Fellowes‘ shredders, including each of the shredders manufactured at the
Jinsen joint venture, embodied Fellowes’ trade secrets and/or were developed through the use
and implementation of Fellowes’ trade secrets (the "Fellowes Trade Secrets“).
43.
Prior to the many unfair methods of competition and unfair acts and omissions
that give rise to this Complaint, each of the Fellowes Trade Secrets was information that was
sufficiently secret to derive economic value, actual or potential, from not being generally known
to or readily ascertainable by proper means by other persons who can obtain economic value
from its disclosure or use, including other persons in the shredder industry and other persons in
the general public.
44.
Each of the Fellowes Trade Secrets has provided and provides Fellowes with
significant competitive advantages over competitors and would-be competitors.
45.
Those significant competitive advantages include Fellowes having access to
unique development, manufacturing and production processes and the realization of appropriate
returns on the investments made to achieve such processes.
46.
All of the Fellowes Trade Secrets described herein are owned by Fellowes.
Certain of the Fellowes Trade Secrets are embodied in physical equipment, including molds and
tooling that were used at the Jinsen facility and are presently being wrongly used by the
Proposed Respondents. The ownership of the molds and tooling used at the Jinsen facility were
assigned by Fellowes to Complainant, Fellowes Suzhou, with the restriction that they could be
13
used only to make products for Fellowes. (A copy of the Assignment Agreement and a certified
translation thereof are attached as Confidential Exhibit R).
1.
47.
Fellowes‘ Development Process
The development of each Fellowes shredder model is the result of a
comprehensive 12-14 month process. This process consists of four phases: (i) research and
development, including marketing studies; (ii) engineering; (iii) launch; and (iv) production.
Embodied in this development process are Fellowes Trade Secrets, including proprietary
information relating to the testing process itself, tooling and mold specifications, material
specifications, drawings, processes and methodologies relating to superficial design elements,
and statistical data to ensure reliability and quality.
48.
Prior to approving the launch of any new shredder model, Fellowes undertakes
market research and analysis to test the viability of the new product. As part of this process,
Fellowes tests the shredder design and overall concept.
49.
Once the product passes this threshold, Fellowes begins the engineering process.
At this point, engineers at Fellowes begin the design and development of each component part.
This design and development encompasses the design of component parts and the calculation
and determination of tolerances and other specifications, including specifications of component
materials. This design process is painstaking and requires extensive trial and error to achieve
Fellowes‘ standards.
50.
Once Fellowes completes the drawings and prototypes,
process of soliciting quotes from tooling vendors.
Fellowes begins the
The bid process with tooling vendors is
critical to the manufacturing process as it implicates Fellowes‘ pricing and, ultimately, the
viability of bringing the product to market. Once Fellowes determines that it can meet its cost
14
objectives, the product enters the "launch phase.“ In the “launch phase,“ Fellowes Works closely
with several tooling vendors to refine and perfect the tooling used to make the component parts
of the proposed shredder. Each shredder contains at least 30 main component parts. Fellowes
engineers must refine the component parts until those parts fit and perform together as
envisioned by the engineer.
This aspect of the process involves extensive trial and error
requiring changes to the component parts, based on Fellowes’ know-how and trade secrets.
These changes range from substantive engineering alterations to microscopic changes in
tolerances and other specifications.
51.
Once Fellowes is satisfied that the component parts have been preliminarily
tooled correctly, Fellowes tests the tooling by assembling a substantial number of shredders.
After Fellowes determines that the tooling produces correct and consistent results, it implements
its aesthetic design process. The aesthetic design process is also one of trial and error, as the
tooling must be changed and refined for Fellowes to achieve the correct texture, gloss and
highlighting that are unique to its shredders.
52.
After Fellowes completes the assembly and aesthetic design processes, it entrusts
the tools to its molders. Fellowes then uses its expertise to guide the molders as to the correct
temperatures, pressures, tolerances and specifications necessary to manufacture the product. As
With the tooling, this aspect of the process can involve extensive trial and error, and necessarily
involves nuanced refinements, since the product is a nearly complete version of the final design.
53.
Once the molding is complete, Fellowes engages in manufacturing pilot tests,
which may result in further refinement.
Finally, the shredder model is ready for mass
production.
15
54.
Even then, Fellowes must work extensively to detect and fix "bugs" in its
production line.
That process (the Fellowes continuing product development process) takes
months and involves specific engineering know-how, including knowledge acquired by Fellowes
through its years of developing and manufacturing shredders.
2.
55.
Fellowes Bill of Specifications.
Fellowes Trade Secrets are also embedded in its confidential Bill of
Specifications ("BOS"), a document created for each Fellowes shredder model that provides the
proprietary "recipe" for building, manufacturing and testing each of Fellowes‘ shredders. The
BOS is an extensive document, which is 50 to 100 pages in length. It contains precise detailed
information and specifications for every structure and feature in the shredder and its particular
packaging, and the information and directions necessary to manufacture, test and assemble each
Fellowes model shredder.
It would be nearly impossible for anyone to reverse engineer a
Fellowes shredder and compile the information, specifications, testing standards and protocols
and other information compiled in the BOS.
56.
At the time the Jinsen facility was wrongfully taken over by the Proposed
Respondents, the BOS for each Fellowes shredder manufactured at Jinsen was located within the
Jinsen facility, as the BOS was essential to the manufacture of each shredder.
57.
Fellowes developed internal standards relating to, among other things, the
development of its molds, cutter assembly and development processes. These internal standards,
which have been modified from time to time, represent years of trial and error, engineering
know-how, observation and experience.
16
3.
58.
Fellowes' Design Tools, Drawings, Specifications and
Tolerances.
Through its engineering know-how, experience and decades of trial and error,
Fellowes formulated design tools, drawings and guidelines for developing and manufacturing its
shredders and analyzing competitive products. Underlying those design tools and guidelines are
complex calculations and/or development expertise that contain FelloWes' Trade Secrets.
4.
59.
Fell0wes' Manufacturing Molds and Tooling.
Fellowes' equipment, molds and injection molding tools that are used to
manufacture Fellowes‘ shredders (“Fellowes Tools”) embody Fellowes Trade Secrets. Tools
embody Fellowes' proprietary methodologies, processes, development strategies, design
calculations, testing and expertise gained from years of experience. Also, Fellowes‘ instructions
to its molders are memorialized in "mold set up sheets" that contain trade secret information.
It
would take substantial time and effort to utilize the tools correctly without the mold set up
sheets.
60.
At the time the Jinsen facility Was wrongfully taken over by the Proposed
Respondents, many of the Fellowes Tools for each Fellowes shredder manufactured at Jinsen
were located within the Jinsen facility, as they were essential to the manufacture of each
shredder. Virtually all of the Fellowes Tools are now being used by the Proposed Respondents
to manufacture the accused products.
5.
61.
Fellowes Quality Control Tests.
Fellowes Trade Secrets are embodied in numerous quality tests that Fellowes
devised using engineering know-how and following years of manufacturing, assembly, and
development trial and error, observation, analysis of returns, complaints and product defects.
17
Fellowes applies those quality tests during development and production.
Fellowes spent
considerable time and resources developing these quality tests to ensure its entire process -- from
development, to mass production, to shipping -- results in shredders unlike any other in the
market.
62.
Proposed Respondents are now using these Fellowes Trade Secrets.
New
United's promotional materials show that Proposed Respondents are using, in their
manufacturing process, Fellowes‘ proprietary quality control testing equipment, procedures and
methodologies.
6.
63.
Fell0wes' "Key Learnings" and Training Materials
Fellowes also developed "key learnings" and training materials that contain and
embody Fellowes Trade Secrets.
Fellowes compiled this information based on decades of
experience, gained expertise and analysis of shredder production successes and failures and it
was relayed, and made available to, Jinsen, Fellowes Suzhou and FBM.
C.
Fell0wes' Patents and Trademarks
64.
Fellowes also protects its intellectual property by obtaining patents and registering
its trademarks worldwide, including in the United States.
Those patents include numerous
design patents. Fellowes‘ trademarks are registered to ensure the protection of its brand and
reputation.
IV.
BACKGROUND FACTS
A.
Fell0wes' Relationship with J insen
65.
In 1999, Fellowes decided to use a contract manufacturer in China to make some
of its products and chose Changzhou Jinsen Electrical Appliance Co. Ltd. a/k/a Changzhou
Jinsen Office Supplies Co. Ltd. ("Jinsen"). Fellowes had no ownership interest in Jinsen at this
18
time. Jinsen was a joint venture of which Shinri, controlled by the Zhou family, owned fifty
percent. The remaining fifty-percent was owned by James Gong Yi ("Gong"), a individual.
Jinsen had no shredder manufacturing experience. In fact, Jinsen was created solely to provide
shredders to Fellowes.
66.
In furtherance of the parties’ relationship, Fellowes provided Jinsen with trade
secrets and proprietary information necessary to manufacture Fellowes’ products in accordance
with Fellowes‘ standards and specifications.
Specifically, Fellowes provided to Jinsen the
equipment and technical information necessary to manufacture Fellowes’ products, including
Fellowes Tools, testing equipment, tooling designs, engineering specifications, manufacturing
technology and product engineering designs. Fellowes retained ownership of the Fellowes Tools
provided to Jinsen. (See e.g. 2001 Molder‘s Agmt., §§ 1, 3-5, 8, attached as Confidential Exhibit
S)
67.
To protect the confidentiality of its proprietary information provided to Jinsen,
Fellowes entered into a confidentiality agreement with Jinsen (“Confidentiality Agreement").
Under this Confidentiality Agreement, Jinsen agreed to:
[M]aintain the confidentiality of any Proprietary Materials and
Information and not use them except for purposes of doing
business with Fellowes. Jinsen will not use the Proprietary
Materials and Information to manufacture products for itself or
others unless expressly permitted in writing by Fellowes. Jinsen
will not disclose Proprietary Materials and Information to any third
party, including employees, except for disclosures that are required
for the purpose of performing the work which Jinsen has agreed to
do for Fellowes (“Work Related Disclosure”). Jinsen will only
make a Work Related Disclosure to someone Who agrees to the
same restrictions on disclosure and use of the Proprietary Materials
and Information which Jinsen has agreed to in this Agreement. ...
19
(Agmt. Between Fellowes Mfg. n/k/a Fellowes, Inc. and Jinsen at §§ 2, 5 (prohibiting use of
Fellowes' intellectual property protected by its patent rights), attached as Confidential Exhibit
I)
68.
Following several years of substantial efforts by Fellowes to improve the
manufacturing quality at Jinsen, modernize its facilities, train its staff, and standardize its
manufacturing process, Fellowes decided it would be more efficient to pursue its manufacturing
in China through a joint venture in which it could have management control.
69.
Accordingly, in 2006, Fellowes' affiliate, Fellowes Hong Kong Ltd. ("Fellowes
Hong Kong"), purchased Gong‘s interest in Jinsen.4 In August 2007, Shinri and Fellowes Hong
Kong entered into a new Jinsen joint venture agreement for the continued operation of Jinsen.
As stated in that joint venture agreement, the "scope of business" of Jinsen was: “development,
manufacture, assembly, distribution and sale of business machines, and provision of ancillary
services, exclusively to Fellowes and its subsidiaries. . . .“ (Joint Venture Agmt. at Art. 6,
attached as Exhibit U).
70.
Thereafter, Fellowes began utilizing Jinsen as a manufacturer and supplier of
Fellowes’ office and commercial shredders and other office products. After 2006, Jinsen was
Fellowes’ sole source of a significant portion of its shredder models for sale to its global
customers.
As such, Fellowes relied on Jinsen to satisfy orders from Fellowes’ customers
worldwide.
4 At some point after 2007, Jinsen used the English name Fellowes Manufacturing (Changzhou)
Co. Ltd.
20
B.
After 2006, Fellowes Continues to Provide Jinsen With All of the
Trade Secrets, Know-How, Molds and Tooling Necessary to
Manufacture FellowesShredders
71.
Following Fellowes Hong Kong's acquisition of fifty-percent ownership of Jinsen,
Fellowes continued to provided Jinsen with all the Fellowes Tools and proprietary and
confidential testing equipment and protocols, manufacturing specifications and all other
information essential to the manufacture of Fellowes shredders, including confidential
documents showing Fellowes‘ proprietary testing procedures and methodologies, drawings, bills
of specification, design tools and other Fellowes Trade Secrets and know-how.
72.
Fellowes provided extensive detailed instruction, training and education to Jinsen
employees and former (FBM) and current (Fellowes Suzhou) engineers.
This instruction
enabled those employees to understand, apply, interpret and use the Fellowes Trade Secrets and
know-how for the exclusive purpose of manufacturing Fellowes shredders.
To this end,
Fellowes not only disclosed Fellowes Trade Secrets to Jinsen, Fellowes also provided Jinsen,
FBM and Fellowes Suzhou with access to a shared internal Fellowes limited-access hard drive
on which the confidential documents memorializing these methodologies were located. Without
this instruction and guidance, Jinsen could not have manufactured Fellowes‘ brand shredders.
73.
The Fellowes Trade Secrets and know-how were used in the manufacture of each
shredder produced at Jinsen.
74.
Fellowes made clear that it owned the Fellowes Tools provided to Jinsen.
75.
Fellowes entered into a "Molder‘s Agreement" with Jinsen,5 which provided that
Fellowes owned all of the molds used in the manufacture of its shredders:
Identification. The Fellowes Molds have been or shall be
identified or marked by Fellowes or, if not by Fellowes, by
5 The Molder‘s Agreements (at Confidential Exhibits V and W) were entered into on behalf of
"Jinsen Enterprises Co. Ltd."), a name Jinsen used to transact business.
21
[Jinsen] with appropriate markings which indicate that such molds
are owned by Fellowes. [Jinsen] shall not remove any name, serial
number or other indicia of Fellowes’ ownership from the Fellowes
Molds. Upon Fellowes’ request, [Jinsen] shall prepare and deliver
to Fellowes annually a schedule listing and describing the
Fellowes’ Molds then in the possession of [Jinsen].
(2007 Molder‘s Agmt. at §l, attached as Confidential Exhibit V). The Molder’s Agreement also
provided that:
Title. [Jinsen] acknowledges and confirms that the Fellowes
Molds are owned by Fellowes and that [Jinsen] has no right, title
or interest in or to the Fellowes Molds except as bailee of the
molds for purposes of the agreement.
(Confidential Ex. V at § 3).
76.
Fellowes entered into a Tooling Agreement with Jinsen,6 which confirmed that
Fellowes owned the Fellowes Tools (referred to therein as "Covered Tools") and all Intellectual
Property associated with them:
Title. [Jinsen] acknowledges and confirms that [Jinsen] has no
right, title or interest in or to any of the designs, technology or
intellectual property incorporated into the Covered Tools or in any
designs, technology or intellectual property represented by the
products that are manufactured using such Covered Tools.
(Supplier Purchased Tooling Agmt. at § 2, attached as Confidential Exhibit W). The “Covered
Tools” were to “be used only for the manufacture of products as ordered or directed by Fellowes
from time to time, and for no other purpose.” (Confidential Ex. W at § 3).
77.
To avoid any doubt that Fellowes owned the Fellowes know-how, Fellowes
reimbursed Jinsen for the purchase of the Fellowes Tools used to manufacture shredders. In total,
at least 1233 sets of tools that Fellowes owned resided at Jinsen.
6 The Tooling Agreement was entered into between Fellowes and Jinxun Electrical Appliances
Co. Ltd. ("Jinxun"). Jinxun was an entity that operated in the same facility as Jinsen and was
also equally owned by Shinri and Fellowes Hong Kong. Its purpose was to supply Jinsen with
molded tools.
22
78.
On February 14, 2011, Fellowes transferred the ownership of the 1233 sets of
Fellowes Tools to its affiliate, Fellowes Suzhou, pursuant to an Assignment Agreement. That
Assignment Agreement, also assigned to Fellowes Suzhou the contractual rights in its
Confidentiality Agreement with Jinsen, all of the Molder‘s Agreements and the Tooling
Agreement. (Confidential Ex. R).
V.
UNLAWFUL AND UNFAIR ACTS OF PROPOSED RESPONDENTS
A.
Zhou Disrupts the Business of the Joint Venture In An Effort to Gain
Control Over Jinsen's Manufacturing Facility and FellowesTrade
Secrets and Know-How
79.
In December 2009, Zhou took over as Chairman of Shinri from his brother, Zhou
Liqun. Under Zhou‘s charge, Shinri management methodically sought to usurp total control of
Jinsen.
80.
Beginning in June 2010, Fellowes issued several hundred purchase orders to
Jinsen, resulting in orders of hundreds of thousands of shredders and other office products from
Jinsen. Jinsen accepted the purchase orders and proceeded to manufacture products pursuant to
them.
81.
In August of 2010, Zhou -- through the abuse of his position as acting Chairman
and Legal Representative of the Jinsen joint venture -- made a series of demands on Fellowes,
including demands that: (i) Fellowes unilaterally contribute U.S. $10 million in new capital to
Jinsen; (ii) the prices to Fellowes increase by 40%; and (iii) Fellowes assign all rights in
Fellowes’ intellectual property, including its trade secrets, to Jinsen.
82.
When Fellowes refused Zhou’s demands, Zhou took actions to seize control of
Jinsen.
23
83.
Zhou stopped all shipments of Fellowes’ products from Jinsen by physically
positioning large trucks as barriers, Zhou ultimately caused production to grind to a halt.
Fellowes insisted that Jinsen ship the products, but Zhou refused.
84.
Zhou wrested control of the company "chop" (the Chinese equivalent of a
corporate seal without which no official company business could be conducted) from Fel1owes'
appointed financial controller, thereby effectively obtaining control over all legal decisions of the
joint venture under Chinese law, including decisions relating to its contractual obligations.
85.
Zhou placed guards employed by Jinsen‘s co-joint-venturer, Shinri, at the Jinsen
manufacturing facility and placed large, l6-wheel trucks in front of the entrance gate to the
property to prevent Jinsen or Fellowes Hong Kong from having access to the facility and
directing the shipment of the products.
(See photographs of the Shinri—employed guards
blocking the entrance to the Jinsen manufacturing facility, and the 16-wheel trucks also blocking
the facility‘s entrance, attached collectively as Exhibit X.)
86.
Fellowes has demanded the return of the Fellowes Tools and other proprietary
information and material, including the Fellowes Trade Secrets, on several occasions. These
demands were to no avail, however, as New United instead took physical possession of Jinsen
and stole Fe1lowes' tooling, molds and other proprietary information -—including the Fellowes
Trade Secrets -- to manufacture shredders to compete with and undercut Fellowes‘ shredders.
87.
As a result of Zhou’s actions, Jinsen could not operate, stopped generating
revenue, was unable to pay its suppliers, and became insolvent.
24
B.
Zhou Forms New United With Graves and Hires Away Former Jinsen
Employees, Former FBM Engineers and Current Fellowes Suzhou
Engineers to Work at New United
88.
When Jinsen‘s creditors filed suit in China against the joint venture, Zhou and/or
New United manipulated the Chinese legal system to take control of Jinsen's facility, over the
objections of Fellowes Hong Kong and Fellowes Suzhou. Respondents thereby misappropriated
Fellowes Trade Secrets which were embodied in documents located at the former Jinsen facility
and in tooling and molds held by Jinsen. Although a court in China entered orders prohibiting
the use of Fellowes’ equipment, molds and tooling, New United has ignored the Chinese court
orders and is using them anyway to make shredders for importation into the United States.
89.
In addition, New United hired away twenty-three engineers from Fellowes
Suzhou, Jinsen and FBM to work at New United. At least twenty of those engineers were former
Jinsen employees. These individuals had been trained by Fellowes on Fellowes‘ proprietary
development and manufacturing processes, quality control and testing methodologies and
protocols.
90.
These engineers had knowledge and possession of Fellowes Trade Secrets and
confidential proprietary information, and they had been advised that they had a duty not to
disclose Fellowes Trade Secrets and confidential proprietary information to any third parties.
After they were hired away by New United, these individuals disclosed to New United, Fellowes
Trade Secrets including the proprietary and confidential details of manufacturing shredders
meeting Fellowes‘ exacting standards, including its proprietary development and manufacturing
processes, quality control and testing methodologies and protocols. New United is now using
that confidential knowledge, passed on by these individuals, to make shredders for importation
into the United States. Thereby, New United has further misappropriated Fellowes Trade Secrets
and confidential proprietary information.
25
C.
New United Uses Fellowes Trade Secrets and Know-How to
Manufacture Shredders for Importation Into the United States
91.
Since at least 2010, New United has been manufacturing shredders in the facility
formerly operated by Jinsen, using Fellowes Trade Secrets, collective knowledge and know-how.
Indeed, New United's manufacturing process is a wholesale replication of Fellowes‘
manufacturing process. Accordingly, every shredder that New United manufactures embodies
misappropriated Fellowes Trade Secrets.
92.
Specifically, the following New United-manufactured shredders, all of which
were manufactured in China at New United using Fellowes Trade Secrets, have been imported
into, and are offered for sale in, the United States: SimplyShred S4-14CP and S4-O6MP; New
United or Intelli-Zone ST-6M, ST-10C, ST-12C, ST-SM, ET-15C, ET-20C, ET-12M and ET
15M; and the SaberCut 8Mu and SaberCut 6C Cross-cut. (UL Certificate, attached as Exhibit Y;
also attached as Exhibits Z-CC are receipts for sale and purchase in the United States and further
evidence that the products were made in China for: the SimplyShred S4-14CP; New United ST
10C; SaberCut 8Mu; and SaberCut 6C Cross-cut).
93.
The New United Intelli-Zone shredder models ST-6M, ST-12C, ST-8M, ET-15C,
ET-20C, ET-12M and ET-15M are held by American Binding Company, Inc. ("ABC Office"), a
company located in Kaysville, Utah, on consignment for sale throughout the United States. As
shown on ABC Office‘s website at http://www.abcoffice.c0m/cgi-bin/abscd/order.cgi, those
products are available for next day shipping anywhere in the United States.
(ABC Office
website pages, attached as Exhibit DD). The SimplyShred S4-O6MP shredder has been imported
into, and is sold in, the United States by SimplyGlob0, Inc. ("SimplyGlobo"), an Illinois
company. (SimplyGlob0 website page and order confirmation, attached as Exhibit EE).
26
94.
The unfair trade practices perpetrated by Proposed Respondents are evidenced by
New United's own advertising and a review of its product line. Specifically: (i) New United's
promotional material shows that it is using Fellowes' Trade Secrets to manufacture its shredders;
(ii) a review of New United‘s shredders shows that New United is copying Fellowes‘ shredders;
(iii) a comparison of the components in New United's shredders shows that New United is using
Fellowes‘ tools and injection mold tooling to manufacture shredders. Accordingly, all facets of
New United's manufacturing process implicate the stolen Fellowes Trade Secrets, collective
knowledge and know-how.
1.
95.
New United advertises its use of Fell0wes' know-how, testing
protocols, processes and methodologies.
New United exploits its use of Fellowes' testing protocols, processes and
methodologies to promote its experience and purported expertise. In fact, that experience and
expertise is entirely fabricated; it is based on the use of Fellowes Trade Secrets and know-how.
New United's manufacturing process utilizes Fellowes Trade Secrets by virtue of the fact that
New United incorporates Fellowes' quality tests, design tools and other Trade Secrets to produce
“New United" shredders.
New United's use of Fellowes Trade Secrets is evident from its
promotional and advertising material.
96.
New United blatantly misrepresents the nature of the Jinsen joint venture’s
demise in its advertising literature. (New United Company Brochure, p. 3, attached as g1@
E.
New United advertises its capabilities by claiming: "Over Ten Years Personal Business and
Commercial Shredder Design Experience." (Ex. FF, p. 9). However, New United was not
formed until 2010. Any "shredder design experience" prior to 2010 utilized or relied upon by
New United is solely Fellowes' shredder design experience.
New United's literature uses
photographs of Fellowes‘ production equipment. (Ex. FF, pp. 6-l l).
27
97.
New United’s promotional material also touts its engineers, including the twenty
Jinsen engineers who have knowledge of Fellowes Trade Secrets as "The Best Design Team in
China."
(Ex. FF, p. 9).
One of Jinsen‘s former engineers is depicted in New United‘s
promotional material. (Ex. FF, p. 9). These engineers were trained, educated and granted access
to Fellowes’ Trade Secrets and Fellowes‘ know-how. Without the knowledge that New United
misappropriated from Fellowes and exploited for its own gain, New United could not operate the
Jinsen facility or manufacture shredders. New United even uses stolen Fellowes‘ proprietary 3D
drawings of its cutting blocks to promote its engineering experience. (Ex. FF, p. 9).
98.
It is clear from New United’s promotional material that it has based its business
upon Fellowes Trade Secrets, including but not limited to Fellowes’ testing applications,
protocol, processes and methodology.
New United’s promotional material not only depicts
Fellowes‘ testing equipment, it uses Fellowes‘ own terms of art to describe various tests. (Ex. FF,
pp. 10-12). The New United promotional literature uses terms and/or proprietary testing and
quality control procedures developed by Fellowes. (See also New United Fact Sheet, attached as
Exhibit GG, pp. 5-6 (using Fellowes‘ devised terms "LTW" and "birdnest“)).
99.
New United does not even attempt to conceal its use of Fellowes Trade Secrets to
manufacture New United shredders. Instead, New United leverages the information that it stole
in a fraudulent bid to gain the confidence of unknowing customers.
2.
100.
New United is wrongfully using Fellowes‘proprietary molds
and injection molding tools to manufacture shredders it is
importing into the United States, which embody Fellowes
Trade Secrets.
Injection molding tools leave unique marks on molded component parts, referred
to as “fingerprints” that allow a manufacturer to determine forensically whether certain tools
28
were used to manufacture parts of other products. Such fingerprints appear in finished products
as scratches, textures and tooling errors. These fingerprints can never be entirely obscured.
lOl.
By way of example, Fellowes has closely inspected two representative samples of
the shredders New United is importing into the United States, SimplyShred S4—l4CP and
SaberCut 8mu. The results of that inspection show that New United is manufacturing shredders
using Fellowes Tools.
a.
102.
Representative Example One: New United's
SimplyShred model n0. S4-14CP.
At least one shredder manufactured by New United, model no. S4-14CP, was
manufactured through New United’s misappropriation of Fellowes’ technology. This shredder
also reflects New United’s misappropriation of Fellowes Trade Secrets and know-how.
103.
Under the expertise of former Fellowes Suzhou engineers, those shredders are
made with Fellowes’ processes and Fellowes’ Tools. Yet New United sells them under various
brand names such as “SimplyShred” and as New United-brand shredders.
104.
Virtually all of the components of the SimplyShred model no. S4-l4CP, which is
sold in the United States, have been manufactured using Fellowes Tools. If New United did not
have access to Fellowes Trade Secrets and know-how, it could not have manufactured
this
shredder. Representative examples include:
a.
Identical “fingerprints” on the door assemblies, including textures, release
scratches and tooling errors (Figures 1-8):
29
Figure 1: New United S4-14CP
Figure 2: Fellowes PS-14C
30
._
ritizfxlalaltivifsl
_
X
ii¢l:l|i>Z;‘;§|l~?
‘Y
b. Identical “fingerprints” where the Fellowes’ logo was removed from the housing:
Figure 9: New United S4-l4CP
Figure 11: Fellowes’ logo that was
removed
c. The New United S4-14CP waste basket has the same part number as the
Fellowes’ PS-14C waste basket in the same location, and is identical in size and shape.
Microscopic evidence reveals that both models also have a matching circular tooling mark under
31
the part number that New United has tried to conceal (Figures 12-15):
(5Oxmagnification)
(50x magnification)
d. The New United S4-14CP cabinet is identical to that of Fellowes‘ PS-14C. Even
the part numbers are identical (Figures 14-20):
32
ti)
Examination of the bottom housing of New United’s S4-14CP shredder reveals
33
that New United unsuccessfully tried to polish off the Fellows part number, but it remains visible
(Figures 21-24):
Figure 24: Fellowes PS-l4C
f. The shrouds on both the New United and Fellowes shredders have identical part
numbers and recycling symbols located in the exact same positions (Figures 23-24):
34
g. Markings on the edge of the cutters of both are identical. Even the geometry of
the tips of the cutters is identical, suggesting the cutters were made with the same die (Figures
27-30):
(magnified 50x)
35
(magnified 50x)
(magnified 50x)
105.
(magnified 50x)
The component parts of the Simply Shred model no. S4-14CP were manufactured
using the same tools used to manufacture the Fellowes models PS-70, PS-75C, PS-77C, PS—l4C
and DS-1400C, all of which were manufactured by Jinsen using Fellowes Trade Secrets and
know-how.
b.
106.
Representative Example Two: New United‘s SaberCut
8Mu.
The “cutting block" is the heart of a shredder. It is the component of the shredder
that actually shreds the material inserted into the machine. A forensic examination of New
United‘s SaberCut 8Mu shredder shows that the some of cutting block components are made
from the same Fellowes Tools used to manufacture Fellowes models P-45C, P-55C and P-57Cs,
all of which were formerly manufactured by Jinsen.
a. The New United SaberCut 8Mu uses identical top and bottom stripper shrouds
that are used in the Fellowes P-55C and P-57Cs shredders (Figures 31-34):
36
Figure 31: New United SaberCut 8Mu top
stripper shroud
Figure 32: Fellowes P-55C and P-57Cs top
stripper shroud
Figure 33: New United SaberCut 8Mu
bottom stripper shroud
Figure 34: Fellowes P-57Cs
bottom stripper shroud
b.
The Fellowes tool for the top stripper shroud bears part number 540501 (Figure
35):
37
Figure 35: Fellowes tool TAN 00315 for the top stripper
shroud
The New United SaberCut 8Mu top stripper shroud has the exact same part number as the
Fellowes top stripper shroud. The part numbers are in the exact same location and they are
identical in size and shape (Figures 36 and 37):
c. The Fellowes tool for the bottom stripper shroud bears part number 540502
(Figure 38)
38
Figure 38: Fellowes tool TAN 00380 for the bottom stripper
shroud
The New United SaberCut 8Mu bottom stripper shroud has the exact same part number as the
Fellowes bottom stripper shroud. The part numbers are in the exact same location and they are
identical in size and shape. Matching tool marks Were found on both sets of the bottom stripper
shrouds (Figures 39-42):
..~t.;.~..._.»t
, -
- -»
»
"°-'*‘
"MW
39
1.1
e
kw,
p.
.
107.
It would be extremely difficult or impossible for a competitor to reverse engineer
all of this confidential information about a particular shredder. For this reason, this confidential
information has significant commercial value.
D.
Zhou Misappropriates 70,000 Finished Fellowes Shredders
108.
At the time Shinri and Zhou blockaded Jinsen, there were 70,000 Fellowes
shredders that had been manufactured pursuant to Fellowes' purchase orders that were packaged
and ready to be shipped (the "Finished Fellowes Shredders").
109.
Those 70,000 Finished Fellowes Shredders bear Fellowes' brand, are packaged in
Fellowes' packaging, and contain Fellowes trademarks, copyrighted instruction manuals and
Warranties.
110.
Of those 70,000 shredders, approximately 40,000 are configured for use in the
United States and 30,000 are configured for use in countries that use other voltages.
The
shredders configured for use in Europe are distinct from those configured for the United States
40
because the power cords and operating voltage comply with European voltage and electronic
equipment standards.
111.
In an effort to recover its stolen assets, Fellowes demanded that Zhou/Shinri ship
the Finished Fellowes Shredders to their intended locations pursuant to the Joint Venture
Agreement and Fellowes‘ purchase orders to Jinsen. Zhou/Shinri refused, and left those products
to languish outdoors, unguarded, outside the Jinsen facility. (See photographs of Finished
Fellowes Shredders stored outside the manufacturing facility, attached as Exhibit HH).
112.
There is no question that the Finished Fellowes Shredders embody Fellowes
Trade Secrets. They were manufactured using Fellowes‘ tooling, molds, BOS‘s and other Trade
Secrets and they were manufactured to be sold by Fellowes to Fellowes‘ customers. They bear
Fellowes brand and trademarks and they are in Fellowes‘ packaging.
113.
The Finished Fellowes Shredders and/or the packaging thereof contained one or
more of the following trademarks: "Fellowes," "POWERSHRED," and “SAFE SENSE.“
114.
Fellowes gave neither Graves nor New United its consent to offer any Fellowes
products for sale, including the Finished Fellowes Shredders, that bear any of Fellowes’
registered trademarks.
115.
The finished products manufactured by Jinsen are also covered by Fellowes’
United States design patents D611,089; D602,074; D602,518; D604,763; D591,335; D598,048;
D602,073; D583,859; D616,923; and D6l6,924.
41
Shredder
M0delN0.
Pat. No.
D611,089
PS-69Cb
x
Pat. Nos.
D602,074
D602,518
D604,763
D591,335
Pat. Nos.
D598,048
D602,073
D583,859
Pat. No.
D6l6,924
x
PS-59Cb
116.
Pat. No.
D6l6,923
x
SB-99Ci
x
x
PS-79Ci
x
SB-125Ci /SB-125i
x
C-225Ci
x
x
C—225i
x
x
x
x
SB-89Ci
x
MS-46OCi
x
Jinsen was established solely for the “development, manufacture, assembly,
distribution and sale of business machines, and provision of ancillary services, exclusively to
Fellowes and its subsidiaries. . . ." (Ex. U (Joint Venture Agmt.) at Art. 6). Fellowes purchase
orders to Jinsen expressly provided that "[n]o part or parts made according to [FelloWes']
design(s) Will be sold to any other person, firm or corporation." (A copy of the Terms and
Conditions for the purchase orders is attached as Exhibit II). Thus, no sale of the finished
shredders was "authorized."
1.
117.
Graves offers the Finished Fellowes Shredders for sale into the
United States.
Without authority, Graves offered for sale and importation into the United States
the following shredder models that were manufactured by Jinsen solely for sale to Fellowes: PS
42
69Cb; PS-59Cb; SB-99Ci; PS-79Ci; SB-125Ci/SB-125i; C-225Ci; C-225i; SB-89Ci; and MS
460Ci.
118.
On March 13, 2012, Graves on behalf of New United and/or Elite Business
Machines, contacted Greg Corinth at McKenzie Trading in Oxnard, California and, offered for
sale to McKenzie Trading 70,000 Fellowes shredders (40,000 of which were configured for the
United States and 30,000 of which were configured for Europe).
(A copy of Graves‘ email
correspondence beginning March 12, 2012, including attachments is attached as Exhibit JJ).
119.
The Finished Fellowes Shredders that Graves and New United offered for sale to
McKenzie Trading were the shredders that Jinsen manufactured pursuant to the Fellowes’ 2010
purchase orders that Zhou intentionally withheld from shipment.
120.
Graves represented to McKenzie Trading that "he" bought the Jinsen "factory"
and could broker a sale of the Fellowes shredders from the Chinese government. (See Graves’
March 19, 2012 2:54 PM email, Ex. JJ). In doing so, Graves implicitly acknowledged that he did
not have Fellowes‘ permission to sell Fellowes‘ finished products. (See Corinth's March 19, 2012
4:04 PM email and Graves‘ March 19, 2012 2:54 PM email, Ex. JJ).
121.
As Graves, the former operations manager at Jinsen, was well aware, the Joint
Venture Agreement, Molder‘s Agreements, Tooling Agreement, and Fellowes‘ purchase orders
provided that Jinsen's manufacture of Fellowes‘ shredders was solely for sale to, and use by,
Fellowes. Jinsen was established solely for the “development, manufacture, assembly,
distribution and sale of business machines, and provision of ancillary services, exclusively to
Fellowes and its subsidiaries. . . ." (Ex. U (Joint Venture Agmt.) at Art. 6). The terms and
conditions of Fellowes purchase orders to Jinsen expressly provided that “[n]o part or parts made
43
according to [Fellowes‘] design(s) will be sold to any other person, firm or corporation.“
(Confidential Ex. H).
122.
Graves also provided to McKenzie Trading a price matrix and list of all inventory
of Fellowes‘ products that had been wrongfully retained by Zhou/Shinri and photographs of the
finished Fellowes‘ shredders.
(A copy of Graves‘ March 21, 2012 email, with the attached
photographs the Fellowes‘ packaged shredders, are attached as Exhibit KK. A copy of Graves’
email attaching the price matrix and a list of inventory is attached as Ex. JJ).
123.
Upon information and belief, Graves and New United have offered the Finished
Fellowes Shredders for sale to other United States-based entities in addition to McKenzie
Trading.
124.
The Finished Fellowes Shredders offered for sale by Graves and New United for
importation into the United States include the following Fellowes model numbers: PS-69Cb; PS
59Cb; SB-99Ci; PS-10Cs; SB-89Ci; DS-14Ci; SB-89Ci; PS-67Cs; PS-79Ci; DM-l2Ct; PS-79Ci;
SB-99Ci; SB-125Ci; SB-80; 970CC; P-40; 22OOCC;DM-1200Ct; DM-1200Ct; 2200Sc; 3200Sc;
C-225Ci; PS-70; MS-46OCi; SB-87Cs; C-225i; C-120C; C—320C;C-420; PS-60; C-220; C
220C; C-480; P-45C; C-480C; C-480; PS-77Cs; PS-10Cs; C-420; and the C-420C.
125.
Counsel for Fellowes sent Graves a cease and desist letter on April 12, 2012. (A
copy of the April 12, 2012 Ltr. is attached as Exhibit LL). Graves never responded to that letter.
126.
Though it is without question that Graves and New United have systematically
and wrongfully attempted to import and sell Finished Fellowes Shredders into the United States
market, Fellowes does not know whether Graves’ and/or New United’s systematic attempts have
been successful at the time of this Complaint’s filing. Fellowes intends such products be subject
to any exclusion order or other relief issued pursuant to this investigation.
44
2.
127.
The sale of the Finished Fellowes Shredders Willcause
reputational and monetary damage to Fellowes.
Because the Finished Fellowes Shredders contain sensitive mechanical and
electronic components, the environment in which those products are stored is important. The
finished products were not stored at all times in a protected, controlled environment. As a result,
the functionality and durability of the Finished Fellowes Shredders have been compromised by
those conditions. (See Ex. HH).
128.
The sale of the Finished Fellowes Shredders in the United States market will
cause substantial harm to the brand and reputation that Fellowes has Worked for generations to
build.
129.
Each of the Finished Fellowes Shredders is covered by a Fellowes Warranty.
Fellowes could be liable for damages if any of those shredders is defective or does not operate as
advertised.
E.
Respondents Are Importing Into the United States, Selling for
Importation or SellingWithin the United States, Shredders that
Infringe Fellowes‘ Design Patents
130.
Fellowes has invested a significant amount of time and resources to develop a
housing for its shredders that was unique and distinguished Fellowes’ shredders from others in
the marketplace.
131.
The result of those efforts was the “evolution design” element to Fellowes’
shredders, whose hallmarks are curved shoulders and a waterfall effect along the edges of the
product.
132.
Fellowes has protected its distinctive designs With design patents issued by the
United States Patent and Trademark Office. The Fellowes design patents cover various design
45
features of Fellowes‘ shredders.
The asserted design patents are the ‘859 Patent, entitled
“SHREDDER” and the ‘O48Patent entitled "SHREDDER". (Exs. L and M).
133.
Until New United began selling shredders that copied Fellowes’ evolution design,
there were no other shredders sold in the market with Fellowes’ evolution design elements.
134.
A simple visual comparison of the SimplyShred model no. S4-O6MP and
Fellowes’ Powershred 69Cb Crosscut Shredder and model 99Ci shredder (depicted below)
shows that New United copied Fellowes’ distinctive evolution design.
New United's S4-06MP
135.
Fell0wes' 99Ci
Fell0wes' 69Cb
A comparison of the New United model no. ST-10C and Fellowes’ Powershred
69Cb Crosscut Shredder and model 99Ci shredder (depicted below) also shows that New United
copied Fellowes’ distinctive evolution design.
.._,__%
New United's ST-10C
Fell0wes' 99Ci
46
Fell0Wes' 69Cb
136.
New United intends to benefit from Fellowes‘ goodwill and advantage in the
United States market by manufacturing shredders that are similar in appearance to Fellowes‘
shredders.
137.
ABC Office has, in the United States, a “new United ST-10C Paper Shredder“ and
offers it for sale online at www.abcoffice.com. (Ex. DD).
138.
The New United ST-10C Paper Shredder has been imported into, and sold in, the
United States. (EX. AA).
139.
The New United ST-10C Paper Shredder infringes the ‘859 and ‘O48Patents.
140.
Shown below from left to right are: (i) the ST-10C shredder; (ii) a figure from the
‘O48Patent; and (iii) a figure from the ‘859 Patent.
‘>1.
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Shown below in greater detail is the distinctive "waterfall" feature of the patented
design, again showing from left to right (i) the ST-10C shredder; (ii) a portion of a figure from
the ‘O48Patent; and (iii) a portion of a figure from the ‘859 patent.
Both the overall curvature
and the lines created by the curvature of multiple surfaces are covered by the patents.
47
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i
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142.
i
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i
Also shown below in greater detail are the distinctive "curved shoulders“ features
of the patented design, showing from left to right (i) the ST-10C shredder; and (ii) a portion of a
figure from the ‘O48Patent. Both the overall curvature and the lines created by the curvature of
multiple surfaces are covered by the patents.
¢
l
- _--
143.
’
SimplyGlobo advertises and offers for sale the SimplyShred model no. S4-O6MP
shredder through its website. The Simpl)/Shred model no. S4-O6MP has been imported in the
United States. (Ex. EE). The S4-O6MP is manufactured by New United, and it infringes the '859
and ‘O48Patents. Externally, the S4-O6MP is nearly identical to the ST-l0C.
detailed photographs above of the ST-l0C are also applicable to the S4-O6MP.
48
Thus, the more
144.
Shown below from left to right are: (i) the S4-O6MP shredder; (ii) a figure from
the ‘O48Patent; and (iii) a figure from the '859 Patent.
.. \{5.‘_4‘
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r,,~‘~\\l
-.11,‘
1
, 1
~,
,
{*7
‘
1
J7
As shown in the illustration, the accused S4-O6MP shredder includes the design features that are
covered by the '859 and ‘O48patents.
145.
ABC Office offers for sale a New United "ST-6M Paper Shredder" online at
Www.abcoffice.com. (Ex. DD). ABC Office has the ST—6MPaper Shredder in the United States
and it is available for shipping. (Ex. DD).
146.
The ST—6MPaper Shredder manufactured by New United infringes the '859 and
‘O48Patents. Externally, the ST-6M is nearly identical to the ST~1OC. Thus, the more detailed
photographs above of the ST-10C are also applicable to the ST-6M.
49
147.
Shown below from left to right are: (i) the ST-6M shredder; (ii) a figure from the
‘O48Patent; and (iii) a figure from the '859 Patent.
1// I
\
: an
i 1::
~~~:a=
§\§w.:: '11:=
iaii
\
'
i_
1
‘-:'"‘§\,\w|
.- ~__
il I1]
§
\
:,
1
l
3
,.
= 1
~.
i
We
'l
i
E
»
:
5
1 7
F
~.;._
57’
*~~.1_,31._.;;-~.-1:33;.‘
:",l'>i5
As shown in the illustration, the accused ST-6M shredder includes the design features that are
covered by the '859 and ‘O48patents.
148.
As set forth in Exhibit Y, all of the above-referenced shredders were made by
New United in China.
VI.
IMPORTATION INTO, SALE FOR IMPORTATION INTO, AND SALE
AFTER IMPORTATION WITHIN THE UNITED STATES
149.
New United offers its shredders for sale in the United States on both its website
and through New United Chicago, which New United states is its “company office” in the United
States.
150.
New United offers for sale in the United States shredders manufactured in China
and sold under the brand names, "SaberCut," "SimplyShred," "Intelli-Zone," and "New United.“
151.
SimplyGlobo, an Illinois distributor, sells the SimplyShred model numbers S4
14CP and S4-06MP online at simplyglobo.com. (EX. Z, EE). The SimplyShred S4-l4CP and
S4-06MP have been imported into the United States and are available for shipping to consumers.
(Exs. Z, EE).
50
152.
ABC Office offers New United‘s ST-6M, ST-10C, ST-12C, ST-8M, ET-15C,
ET-20C, ET-12M, and ET-15M shredders on its website at http://www.abcoffice.com/new
united.htm. Those shredders have been imported into the United States and are available for
shipping to consumers. (Ex. DD).
153.
New United‘s SaberCut 8Mu and SaberCut 6C Cross-cut 6 sheet shredders are
currently on sale in Office Depot stores in the United States. (Exs. BB—CC).
154.
Fellowes believes that shipments of product from New United in China to New
United Chicago during the period September 20, 2012 to November 12, 2012 are ongoing and
increasing.
VII.
RELATED LITIGATION
155.
Fellowes filed an action in the United States District Court for the Northern
District of Illinois, styled Fellowes, Inc. v. Changzhou Xinrui Fellowes Ojfice Equipment C0.
Ltd. a/k/a Fellowes Manufacturing (Changzhou) Co. Ltd., Case No. 11-cv-06289 in September
2011 alleging that Jinsen had breached Fellowes’ purchase orders by refusing to ship the
Finished Fellowes Product (the “Illinois Action“).
156.
Prior to the filing of the Illinois Action, Zhou, acting on behalf of Jinsen, filed a
suit in the Chinese court seeking payment for the unshipped Finished Fellowes Product. The
Illinois Action also sought an antisuit injunction to enjoin defendant from pursuing that lawsuit
in China. The District Court granted Fellowes‘ request for an injunction on August 16, 2012.
Defendants have appealed that ruling to the Seventh Circuit, but the appeal has been stayed by
agreement of the parties.
157.
Fellowes is still trying to serve Zhou, as the legal representative of Jinsen, in
China.
51
158.
Fellowes Suzhou has filed a lawsuit in the Luwan District People‘s Court of
Shanghai (the "Luwan Court") against Jinsen and a company by the name of Changzhou Jinxun
Electrical Appliances Co. Ltd. ("Jinxun"), alleging that Fellowes Suzhou is the owner of the
molds and tools in the possession of Jinsen and Jinxun. On March 24, 2011, the Luwan Court
issued preservation orders -- which Zhou and New United have willfully ignored -- that prohibit
the use of the molds and tools at issue and transferred the action to the Changzhou Intermediate
Court.
VIII. THE DOMESTIC INDUSTRY
159.
Complainants re-allege paragraphs l-158 as if fully alleged herein.
160.
With regard to Fellowes‘ trade secrets, a domestic industry exists in the United
States due to: (i) Fellowes’ substantial investment -- including investments in engineering,
research and development, and marketing of Fellowes‘ shredders incorporating those trade
secrets -- in the United States; (ii) Fellowes‘ significant employment of labor and capital in the
United States relating to the development and manufacture of its shredders; (iii) Fellowes‘
manufacturing-related and other value-added activities in the United States involving the
development and manufacture of its shredders; (iv) Fellowes‘ significant investment in utilizing
other United States businesses in the development and manufacture of its shredders. (See
Declaration of James A. Lewis ("Lewis Decl."), at <][6, attached as Confidential Exhibit MM).
l6l.
Fellowes has invested substantial resources towards the development of products
covered by the ‘S59 and ‘O48Patents. (Lewis Decl. at ‘][‘][
4-5)
162.
Fellowes has spent decades investing in the development, marketing, design and
advertising of its shredders.
Fellowes’ investment in shredder development, manufacture,
marketing and sales is substantial and exceeds tens of millions of dollars. To put this statement
52
in context, the overhead expenditure that Fellowes directs to the manufacture and sale of its
shredders is proportional to the amount Fellowes generates in revenue from shredder sales.
163.
Fellowes’ headquarters are in Itasca, Illinois.
That same building houses
manufacturing facilities for Bankers Box®, storage boxes and shredders. Fellowes employs 580
full-time employees in the United States. Since its founding nearly a century ago, Fellowes has
invested substantially in its brand in the United States and, as a result, is a leading manufacturer
and seller of home and office paper shredders in the United States. Fellowes’ retail customers
include Office Depot, Staples, OfficeMax and BJ's Wholesale Club.
164.
Fellowes engages 20-30 vendors in the Midwest region of the United States alone
to supply materials for the manufacture of its shredders.
165.
Fellowes investment in its other business lines in the United States is also
substantial. Fellowes‘ operations include manufacture and sales of Fellowes‘ Bankers Box® and
a laminating business.
166.
Fellowes exploits, by offering for sale, the following Fellowes-brand shredders
that are covered by United States Patent D598,048: 79, 89, 90, 99, 125, 225, 325 and MS-46OCi.
(Lewis Decl. at ‘][5). These shredders also incorporate the trade secrets described above.
167.
Fellowes exploits, by offering for sale, the following Fellowes-brand shredders
that are covered by United States Patent D583,859: 79, 89, 90, 99, 125, 225, 325 and MS-460Ci.
(Lewis Decl. at ‘II5). These shredders also incorporate the trade secrets described above.
IX.
SUBSTANTIAL INJURY AND THREAT OF SUBSTANTIAL INJURY
168.
Complainants re-allege paragraphs l-167 as if fully alleged herein.
169.
The effect of the misappropriation of Fellowes‘ trade secrets and the infringement
of Fellowes‘ design patents by New United unfairly provides New United with significant
53
competitive advantages, and substantially and irreparably injures and threatens the Domestic
Industry pursuant to Section 337(a)(1)(A)(i) at least as follows:
X.
(i)
Diminished secrecy or confidentiality of Fellowes‘ trade secrets;
(ii)
New United's rapid entry into the United States paper shredder
market, which in turn, has forced, is forcing and/or will force,
Fellowes to compete against unauthorized use of Fellowes' very
own intellectual property, namely the Fellowes Trade Secrets, in
the United States;
(iii)
New United‘s sales of its shredders (made utilizing Fellowes Trade
Secrets and know-how) to Fellowes' United States customers (both
retail and consumer) at prices significantly below Fellowes' prices,
if allowed to go unchecked, could force Fellowes to lower its
prices or drop certain models altogether. (Lewis Decl. at ‘][‘][
7-8).
(iv)
New United's significant reduction to, or interference with,
Fellowes' fairly and legitimately obtained head start and position in
the paper shredder market;
(v)
Through New United's targeting of Fellowes‘ customers or users of
Fellowes' shredders, significant reduction or reasonably likely
significant reduction in sales of Fellowes‘ shredders in the United
States;
(vi)
Correspondingly significant reduction or reasonably
significant reduction in Fellowes' revenue; and
(vii)
Possible lowering of paper-shredder prices which will significantly
impair, for example, appropriate returns on significant investments
and the ability to continue to employ and maintain currently
assembled and configured domestic workforces.
likely
RELIEF REQUESTED
WHEREFORE, by reason of the foregoing, Fellowes respectfully requests that the United
States Trade Commission:
(A)
Institute an immediate investigation, pursuant to Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. § 1337, into Proposed Respondents‘ unlawful activity, including
importation and reasonable likelihood of importation into the United States, sale and reasonable
54
likelihood of sale within the United States after importation of paper shredders that: (i) were
designed, engineered, and/or manufactured by or on behalf of Proposed Respondents; (ii) were
designed, engineered and/or manufactured using one or more of Fellowes Trade Secrets and/or
other Fellowes’ proprietary information or property; and (iii) infringe one or more United States
patents.
(B)
Schedule and conduct a hearing on said unlawful acts and, following said hearing;
(C)
Determine that the Proposed Respondents have violated and are violating Section
337 of the Tariff Act of 1930;
(D)
Pursuant to Section 337(d) of the Tariff Act of 1930, issue a limited exclusion
order that excludes entry into and sale within the United States: (i) all paper shredders
manufactured by or on behalf of Proposed Respondents, and/or any representatives, affiliates or
agents acting on any of their behalf; (ii) all other paper shredders manufactured by, through or
with one or more of Fellowes Trade Secrets without Fellowes’ express written authorization; (iii)
any and all component parts, including but not limited to the cutting block, designed, engineered,
and/or manufactured by or on behalf of Proposed Respondents or any other paper shredder that
incorporates such part(s); (iv) any shredders manufactured by Proposed Respondents that
infringe Fellowes‘ design patents; and (v) any Finished Fellowes Shredders.
(E)
Pursuant to Section 337(f) of the Tariff Act of 1930, issue a permanent cease and
desist order prohibiting Graves, New United Chicago and all of their respective parents,
affiliates, subsidiaries, related entities, successors, assigns, officers, agents, servants, employees
and attorneys from marketing in the United States, offering for sale in the United States,
importing into the United States, or selling, advertising, promoting, shipping, distributing,
warehousing, or otherwise transferring within the United States: (i) all paper shredders designed,
55
engineered, and/or manufactured by or on behalf of Proposed Respondents and actually,
threateningly or inevitably designed, engineered, and/or manufactured using or incorporating one
or more of Fellowes Trade Secrets; (ii) all other paper shredders designed, engineered and/or
manufactured using or incorporating one or more of Fellowes Trade Secrets without Fellowes’
express written authorization; and (iii) all products, including but not limited to the cutting block,
designed, engineered and/or manufactured by or on behalf of Proposed Respondents, or any such
other component part of the shredder.
(F)
Issue a permanent limited exclusion order, pursuant to 19 U.S.C. § 1337(f),
barring from entry into the United States all paper shredders, including component parts of paper
shredders, that infringe on one or more of the asserted claims of the patents identified herein or
to be identified prior to or during the hearing;
(G)
Issue permanent cease and desist orders, pursuant to 19 U.S.C. § l337(f),
directing Graves, New United Chicago and any retailers and all of their respective parents,
affiliates, subsidiaries, related entities, successors, assigns, officers, agents, servants, employees
and attorneys to cease and desist from importing, marketing, advertising, demonstrating,
warehousing inventory for distribution, offering for sale, selling, distributing, licensing, or using
Proposed Respondents‘ imported paper shredders and components thereof that infringe one or
more of the asserted claims of the patents or trademarks identified herein or to be identified prior
to or during the hearing;
(H)
Issue an order instructing Graves, New United Chicago and all of their respective
parents, affiliates, subsidiaries, related entities, successors, assigns, officers, agents, servants,
employees and attorneys and any retailers to immediately and verifiably destroy all paper
shredders, including component parts thereof, that (i) are in the possession, custody or control of
56
Proposed Respondents, including any of their respective parents, affiliates, subsidiaries, related
entities, successors, assigns, officers, agents, servants, employees and attorneys: (ii) were
designed, engineered and/or manufactured by or on behalf of Respondents, including any of their
respective parents, affiliates, subsidiaries, related entities, successors, assigns, officers, agents,
servants, employees; and (iii) or were designed, engineered and/or manufactured using or
incorporating one or more of Fellowes Trade Secrets;
(I)
employees and attorneys and any retailers to immediately and verifiably turn over to Fellowes all
documents and things, Whether an original or copy, in paper, electronic or other form or in draft,
prototype or final form, that: (i) are in the possession, custody or control of Proposed
Respondents, including any of their respective parents, affiliates, subsidiaries, related entities,
successors, assigns, officers, agents, servants, employees and attorneys, and (ii) contain or
embody one or more of Fellowes‘ trade secrets or any information derived from or based on one
or more of Fellowes‘ trade secrets; and
(J)
employees and attorneys to immediately and verifiably destroy all Finished Fellowes Shredders,
including component parts thereof, that are in the possession, custody or control of Proposed
Respondents, including any of their respective parents, affiliates, subsidiaries, related entities,
successors, assigns, officers, agents, servants, employees and attorneys.
57
(K)
Grant such other and further relief as the United States Intemational Trade
Commission deems just and proper based on the facts determined by the investigation and the
authority of the United States International Trade Commission.
Respectfully submitted,
Kevin M. O'Brien
(202) 452-7032 (Tel.)
Daniel J. O'Connor
Shima S. Roy
Edward K. Runyan
(312) 861-8000 (Tel.)
Dated: December 20, 2012
58
VERIFICATION OF COMPLAINT
I, James A. Lewis, declare in accordance with I9 C.F.R. §§ 210.4, under penalty of
perjury, that the following statements are true.
I.
I am the Executive Vice President - Global Operations at Fellowes, Inc.
("FeIlowes"), I789 Norwood Ave., Itasca, Illinois 60143, and I am duly authorized to
sign this Complaint of behalf of Complainants.
2.
I have read the foregoing Complaint;
3..
To the best of my knowledge, information, and belief, based upon
reasonable inquiry, the foregoing Complaint is well-founded in fact and is warranted by
existing law or by a non-frivolous argument for the extension, modification, or reversal
of existing law or the establishment of new law; and
4.
The foregoing Complaint is not being filed for improper purpose, such as
harass or to cause unnecessary delay or needlessly increase the cost of litigation.
Mm
Ja
Dated:December 20l2
. Lewis
..Z__
EXHIBIT LIST
Exhibit
N0.
A
Description
Entity Relationship Chart
B
New United webpages
C
New United website (WvvW.nu-office.com/serviceasg)
D
CONFIDENTIAL Labor Agreement
E
CONFIDENTIAL Fellowes Policy Governing Information
Systems
F
CONFIDENTIAL Fellowes IT Policy
G
CONFIDENTIAL Fellowes Help Desk Bulletin 3
H
Fellowes Remote Access Agreement
I
CONFIDENTIAL Supplier Molder's Agreement
J
CONFIDENTIAL Fellowes Confidentiality & Intellectual
Property Agmt.
K
CONFIDENTIAL Supplier Confidentiality & Intellectual
Property Agmt.
L
U.S. Patent No. D583,859
M
U.S. Patent N0. D598,048
N
Prosecution History for '859 Patent
O
Prosecution History for ‘O48Patent
P
Assignment of '859 Patent
Q
Assignment of ‘O48Patent
R
CONFIDENTIAL Fellowes Assignment Agreement (and
translation)
S
CONFIDENTIAL 2001 Molder's Agreement
CONFIDENTIAL Fellowes/Jinsen Confidentiality Agreement
Cooperative Joint Venture Agreement
CONFIDENTIAL 2007 Molder's Agreement
CONFIDENTIAL Supplier Purchased Tooling Agreement
Photos of Jinsen blockade
UL Certificate
Photos of SimplyShred S4-l4CP (product/made in
China/receipt)
Photos of New United ST-10C (product/made in China/receipt)
Photos of SaberCut 8Mu (product/made in China/receipt)
Photos of SaberCut 6C Cross-cut shredder (product/made in
China/receipt)
ABC Office webpages (ST-6M, ST-12C, ST-SM, ET-15C, ET
20C, ET-12M and ET-15M)
SimplyShred S4-06MP website page and order confirmation
New United Company Brochure
New United Fact Sheet
Photographs of Fellowes products stored outside of Jinsen
facility
Terms and Conditions
March 13, 2012 Graves Email (with Inventory List)
March 21, 2012 Graves Email
April 12, 2012 cease and desist letter
CONFIDENTIAL Fellowes Declaration

Certain Paper Shredders, Certain Processes for Manufacturing or

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