sulzer mixpac et. al. v. kalmed dental products

Upload: priorsmart

Post on 06-Apr-2018

232 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    1/115

    UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKSULZER MIXPAC USA, INC. and SULZERMIX PA C A G ,

    Plaintiffs, C O MPLA IN T

    KALMED DENTAL PRODUCTS, INC. ,

    Plaintiffs Sulzer Mixpac USA, Inc. ani A N y

    -against-

    Defendant. X

    "Mixpac" or "Plaintiff") for their complaint against defendant Kalmed Dental Products, Inc.("Defendant") seeking damages, injunctive relief, and other relief for trademark and patentinfringement, allege as follows:

    1. Plaintiff Sulzer Mixpac USA, Inc. is a New Ham pshire corporation withits principal place of business at 8 Willow Street, Salem, Ne w H amp shire 03079 .

    2. Plaintiff Sulzer M ixpac AG is a Swiss corp oration with its principalplace of business at Ruetistrasse 7, CH -9469 Ha ag, Switzerland.

    3. Defen dant Kalmed Dental Products, Inc. is a Georgia corporation,having its principal place of bus iness at 3048 Alberta Driv e, Ma rietta, G eorg ia 30062 .

    4. This court has jurisdiction over M ixpa c's patent infringement claimsunder 28 U.S.C. 1331 and 1338(a). This court has jurisdiction over Mixpac's trademark

    PARTIES

    JURISDICTION AND VENUE

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 1 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    2/115

    and trade-dress infringem ent claims under 28 U.S .C. 1331 and 1338(a) and 15 U.S .C. 1121.

    5. This court has personal jurisdiction over Defen dant because it hastransacted and is transacting business in this district, and has sold, offe red for sale, distributed,or advertised products that infringe Mixpac's registered trademarks in this judicial district.Defendant also has made, used, imported, sold, or offered for sale in the United States,including within this judicial district, a product which infringes Mixpac's United States PatentNo. 5,918,772 (the "'772 Patent"), and United States Patent No. 6,186,363 (the "'363Patent"), and Mixpac's trademarks, specifically U.S. Trademark Registration No. 3,762,232(yellow), Reg. No. 3,762,233 (teal/green), Reg. No. 3,976,379 (blue), Reg. No. 3,976,380 (pink),Reg. No. 3,976,381 (purple) and Reg. No . 4,051,261 (no color). Defe ndant has substantial andcontinuous contacts with New York and has committed acts of infringement in New York,including the Southern District of New York, sufficient to confer personal jurisdiction uponthem. Venue properly lays in this court under 28 U .S.C . 1391(b) and (c) and 1400(b)because defendant is subject to personal jurisdiction and has committed acts of trademarkinfringement and patent infring em ent in this district.

    BACKGROUNDThe Mixpac three part mixing system

    6. Mixp ac is the exclusive man ufacturer in Switzerland of a patented three-part system for mixing two-part adhesives for dental and industrial applications. The systemconsists of 1) a dispenser like a caulking gun, 2) a cartridge containing a two part chemicalsuch as an epoxy having a catalyst and a resin, and 3) a mixing tip that mixes the chemicalsbefore they are applied for making, for example, an impression or mold for teeth.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 2 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    3/115

    The Mixing Tips' Registered Colored Dom e M ark7. M ixpac has since at least as early as 1997 used a distinctive dom e shape

    and color design Ma rk for its mixing tips, (hereinafter "M ixpac Colored Dom e M ark "). Animage of the Mixpac Colored Dome Mark and line of colored mixing tips appears below.

    8. The Colored Dom e Ma rk has been used to identify M ixpac's dentalmixing system and tips.

    9. M ixpa c's Colored Dom e Ma rk includes the line of mixing tips with sixpleasing "candy-like" colors of yellow, teal, blue, pink, purple and white ("Cand y Co lors").

    10. The Mixp ac Colored Dom e Ma rk is non-functional. It is not essential tothe pro du ct's purp ose , and it is not dictated by concern fo r cost efficienc y. This is evidencedby the fact that many other companies in the industry also have different designs for theirdental products, none of which include the design features of the Colored Dome Mark.

    11. The M ixpac Colored Dom e M ark is distinctive and identifies a singlesource. Additionally, over the last decade, the Mixpac Colored Do me M ark has acquiredsecondary meaning as the relevant public has come to associate the Colored Dome Mark with asingle source - M ixpac. M ixpac inform s persons in the dental trade to "look fo r" the ColoredDom e Mark and Candy Colors. Purchasers choose mixing tips based on the Colored Dom eMark.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 3 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    4/115

    Defendant's copied Mixing tips12. Defen dant seeks to capitalize on the success of the Mixpac mixing tips

    by copying the distinctive. Colored Dom e M ark, including each of the Candy Colors andintentionally confuse purchasers into believing the counterfeit products are manufactured orlicensed by Mixpac.

    13. De fend ant's copied products are of lesser quality and safety andreliability, and threaten Mixpac5s reputation in its product, to the detriment of Mixpac and thepublic.

    14. Defen dant mak es, uses, offer s for sale or imp orts, mark ets, distributes,offers for sale, or sells products that infringe the Colored Dome Mark.

    The Colored Dome Mark Federal Trademark Registrations15. Mixpac was awarded six U.S. Trademark Registrations for the mixing

    tips, U.S. Trademark Registration No, 3,762,232 (yellow), Reg. No . 3,762,233 (teal/green), Reg.No. 3,976,379 (blue), Reg. No. 3,976,380 (pink), Reg. No. 3,976,381 (purple) and Reg. No.4,051,261 (no color). Copies of the registration certificates are attached as Exh ibi t A.

    Mixing Tips and Cartridge Patents16. M ixpac owns U .S. patents for the dispenser, cartridge and mixing tips.17. On July 6, 1999, the '772 Patent was duly and legally issued for an

    invention entitled "Bay onet Fastening Device For The Attachment Of An A ccessory To AMultiple Component Cartridge Or Dispensing DeviceThe '772 Patent is assigned to SulzerMixpac AG and is valid and enforceable. A copy of the '772 patent is attached as Ex hib it B.

    18. On Febru ary 13, 2001, the '363 Patent was duly and legally issued foran invention entitled "Ba yon et Fastening Device For T he Attachment Of An Accessory To A

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 4 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    5/115

    Multiple Component Cartridge Or Dispensing Device" The '363 Patent is assigned to SulzerMixpac AG and is valid and enforceable. A copy of the '363 patent is attached as Exhibit C.

    19. Defend ant has offered for sale or delivered into this judicial districtmixing tips that infringe the Colored Dome Mark and the '772 and '363 patents.

    This Court Has Entered Several Restraining Orders, Consent or DefaultJudgm ents, and a Preliminary Injunction W hich Confirm the V alidity of The Colored Dom eMark and the '772 and '363 Patents

    20. This Court entered a Temporary Restraining Order against all defendantsbarring further infringement of the Colored Dome Mark on December 1, 2008, and the Courtlater entered six consent or default judgm ents w hich confirm the validity and infringement of theColored Dome Mark and the '772 and '363 patents. See Sulzer Mixpac v. TPC AdvancedTechnologies, Inc., 08 Civ. 10364 (DC). On November 30, 2009, in Sulzer Mixpac v. RitterGmbH, NSJ and Peng Waves, 09 Civ. 9705 (DAB) the Court issued a TRO, followed by theissuance of a Preliminary Injunction on December 14, 2009, and later a default judgmentconfirming the validity and infringement of Mixpac's Colored Dome Mark and the '772 and'363 patents. In Sulzer Mixpac USA v. Purelife Gloves, LLC , l:09-cv-10430-DAB-GWG andSulzer Mixpac USA v. Crown Dentalsply et al, 1:10-cv-08911-DAB, the court entered consentjudgments further confirming the validity and infringement of the Colored Dome Mark and the'772 and '363 patents.

    C O U N T ITRADEM ARK COUNTERFEITING UN DER 15 U.S.C. 111421. Mixpac realleges and incorporates herein by reference the allegations in

    paragraphs 1 through 20 of its complaint.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 5 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    6/115

    22. De fend ant has advertised, offered for sale, distributed or sold mixing tipswhich simulate and are substantially indistinguishable from Mixpac's yellow, or teal/green, orpink, or purple or blue mixing tips as shown in U.S. Trademark Registration No. 3,762,232(yellow), Reg. No. 3,762,233 (teal/green), Reg. No. 3,976,379 (blue), Reg. N o. 3,976,380 (pink),Reg. No. 3,976,381 (purple) or R eg. No. 4,051,261 (no color).

    23. De fend ant's conduct is likely to cause confusion, to cause mistake, and todeceive.

    24. Mixpac has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to cause irreparable damage to M ixpac. As a result ofDefendant's wrongful conduct, Mixpac is entitled to injunctive relief, Defendant's profits,statutory damages, damages, and attorne y's fee s and costs.

    COUNT IIINFRINGEMENT OF THE COLORED DOM E MARKUNDER 15 U.S.C. 1125(a)

    25. Mixpac realleges and incorporates herein by reference the allegations inparagraphs 1 through 24 of its complaint.

    26. Upon information and belief, Defend ant adopted its trade dress for itsmixing tips with knowledge of the Colored Dome Mark.

    27. Defend ant has misleadingly used, and continues to use, a confusinglysimilar trade dress to the Colored Dome Mark, which is likely to cause confusion, to causemistake, and to deceive as to Defendant's affiliation, connection, association, or sponsorshipwith Mixpac.

    28. De fend ant's acts are calculated to deceive, or are likely to deceive, thepublic, which recognizes and associates the Colored Dome Mark with Mixpac. Mo reover,

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 6 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    7/115

    Defendant's conduct is likely to cause confusion, to cause mistake, or to deceive the public asto the source of Defendant's products, or as to a possible affiliation, connection with orsponsorship by Mixpac.

    29. De fend ant's conduct has caused Mixpac to suff er and, unless enjoined bythe court, will cause Mixpac to continue to suffer damage to its operation, reputation, andgoodwill and will suffer the loss of sales and profits that Mixpac would have made but forDe fenda nt's acts. Defend ant has been, and will continue to be, un justly enriched by itsunlawful acts.

    30. Mixpac has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to cause irreparable damage to Mixpac. As a result ofDefendant's wrongful conduct, Mixpac is entitled to injunctive relief, Defendant's profits,damages, and attorney's fees and costs.

    COUNT inFEDERAL UNFAIR COMPETITION AS TO

    DEFENDANT'S MIXING TIPS UNDER 15 U.S.C. 1125(A)31. Mixp ac realleges and incorporates by referen ce the allegations in

    paragraphs 1 through 30 of its complaint.32. De fend ant's mixing tips utilize the Colored Do me Mark in such a way as

    to unfairly compete in the marketplace by drawing a false association between Defendant'sproducts and Mixpac.

    33. Defe ndant has made false designations of origin and false or misleadingdescriptions or representations of fact in commercial advertising or promotion which

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 7 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    8/115

    misrepresent the nature, characteristics, or qualities of another person's goods, services orcomm ercial activities in violation of 15 U .S.C . 1125(a).

    34. Defen dant has violated and, upon inform ation and belief, intends tocontinue to willfully, knowingly, and intentionally violate 15 U.S.C. 1125(a)(1)(B) by itsunlawful acts in a manner that is likely to cause confusion, mistake, or to deceive as to thenature, characteristics, or qualities of their goods, services, or commercial activities.

    35. De fend ant's conduct has caused Mixpac to suf fer irreparable harm and,unless enjoined by the court, will cause Mixpac to continue to suffer damage to its operation,reputation, and goodwill and will suffer the loss of sales and profits that Mixpac would havemade but for De fend ant's acts. Defen dant has been, and will continue to be, unjustly enrichedby their unlawful acts.

    36. Mixpac has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to cause irreparable damage to Mixpac. As a result ofDefendant's wrongful conduct, Mixpac is entitled to injunctive relief, Defendant's profits,damages, and attorney's fees and costs.

    COUNT IVFALSE DESIGNATION OF ORIGIN WITH RESPECT TO

    DEFENDA NT'S MIXING TIPS UNDER 15 U.S.C. 1125(A)37. M ixpac realleges and incorporates herein by refere nce the allegations in

    paragraphs 1 through 36 of its complaint.38. De fen dan t's mixing tips utilize the Colored Dom e M ark in such a way as

    to unfairly compete in the marketplace by drawing a false association between Defendant'sproducts and Mixpac.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 8 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    9/115

    39. Defen dant has mad e false designations of origin and false or misleadingdescriptions or representations of fact in commercial advertising or promotion whichmisrepresent the nature, characteristics, qualities, sponsorship, or association with anotherperson's goods, services, or commercial activities in violation of 15 U.S.C. 1125(a).

    40. Defen dant has violated and, upon inform ation and belief, intends tocontinue to willfully, knowingly, and intentionally violate 15 U.S.C. 1125(a) by its unlawfulacts in a manner that is likely to cause confusion, mistake or deceive as to the nature,characteristics, or qualities of its goods, services, or commercial activities.

    41. De fend ant's conduct has caused Mixpac to suff er irreparable harm and,unless enjoined by the Court, will cause Mixpac to continue to suffer damage to its operation,reputation, and goodwill, and will suffer the loss of sales and profits that Mixpac would havemade but for Defen dan t's acts. Defen dant has been, and will continue to be, unjustly enrichedby their unlawful acts.

    42. Mixpac has no adequate remedy at law. De fen dan t's conduct has causedand, if not enjoined, will continue to cause irreparable damage to Mixp ac. As a result ofDefendant's wrongful conduct, Mixpac is entitled to injunctive relief, Defendant's profits,damages, and attorney's fees and costs.

    C O U N T VVIOLATION OF N.Y. GEN. BUS. LAW 349

    43. M ixpac realleges and incorporates herein by refer enc e the allegations inparagraphs 1 through 42 of its complaint.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 9 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    10/115

    44. De fend ant' s acts, including the unauthorized manu facture anddistribution of its mixing tips, constitute a violation of General Business Law 349 becausethey are likely to cause confusion or mistake, or deceive consumers into thinking thatDefendant's and Mixpac's products emanate from the same source. The public has an interestin being able to correctly identify the source of the Mixpac prod ucts.

    45. De fend ant's conduct has caused harm to the public because its productscompromise the health or safety of consum ers of dental services.

    46. On informa tion and belief, Defendant willfully engaged in one or moredeceptive trade practices.

    47. Mixp ac has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to endanger consumers of dental services and causeirreparable damage to M ixpac. As a result of De fend ant's wro ngf ul conduct, Mixpac isentitled to injunctive relief, Defendant's profits, damages and attorney's fees and costs.

    COUNT VIVIOLATION OF N.Y . GEN. BUS. LAW 350

    48. Mixpac realleges and incorporates herein by refere nce the allegations inparagraphs 1 through 47 of its complaint.

    49. De fend ant's acts violate General Business Law 350 because, byoffering copies of Mixpac's products, it falsely represents to consumers and professionals thatits products are somehow associated or affiliated with, sponsored, or endorsed by Mixpac.

    50. De fend ant's acts and misrepresentations are likely to cause confusion,mistake, or deception as to the source of its products and services.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 10 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    11/115

    51. Should such misrepresentations continue, it will produ ce an irreparableinjury to Mixpac because it allows Defendant to trade off Mixpac's goodwill and unfairly andimproperly market its goods through misleading statements.

    52. De fend ant's conduct has caused harm to the public because its productscomprom ise the health or safety of consum ers of dental services.

    53. De fend ant's acts have caused, and continue to cause, irreparable harm toMixpac. Unless this court enjoins Defendan t from continuing its unautho rized acts, Mixpacwill continue to suffe r irreparable harm . As a result of Def end ant's wro ngfu l conduct, Mixpacis entitled to injunctive relief, Defendant's profits, damages, and attorney's fees and costs,

    COUNT VIIVIOLATION OF N.Y. GEN. BUS. LAW 360-1

    54. Mixpac realleges and incorporates herein by refere nce the allegations inparagraphs 1 through 53 of its complaint.

    55. Def end ant's conduct is likely to cause injury to M ixpa c's reputation anddilute the distinctive quality of its trademarks.

    56. M ixpa c's Colored Dome Mark is highly distinctive and has become wellknown and widely respected in the dental industry.

    57. M ixpa c's products are FD A compliant and meet the standards of theToxic Substances Control Act Inventory (TSCA).

    58. M ixpac 's mixing tips have been prop erly tested to fit and workeffectively with its complem entary dispensing systems.

    59. Upon information and belief, Defen dant's products are not FDAcompliant and are made of substandard materials.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 11 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    12/115

    60. Def enda nt's use of M ixpac's Colored Dom e M ark on its identical (inappearance), yet substandard, products is likely to cause consumers to believe that Defendant'sproducts emanate from the same source as Mixpac's.

    61. De fend ant's unlaw ful manu facture and distribution of products bearingMixpac's distinctive trademarks are likely to tarnish Mixpac's image and blur the distinctivequality of its marks.

    62. De fend ant's actions threaten to underm ine and damage the goodwill andreputation associated with Mixpac's trademark in the eyes of the dental trade industry andgeneral consuming public.

    63. De fend ant's acts have caused, and continue to cause, irreparable harm toMixp ac. Unless this Court enjoins Defendan t from continuing its unauthorized acts, Mixpacwill continue to suffer irreparable harm . As a result of Defen dan t's wr ong ful conduct, Mixpacis entitled to injunctive relief, Defendant's profits, damages, and attorney's fees and costs.

    COUNT VIIICOMMON LAW TRADEMARK INFRINGEMENT

    64. Mixpac realleges and incorporates herein by referen ce the allegations inparagraphs 1 through 63 of its complaint.

    65. Upo n information and belief, Defend ant adopted the look for theirmixing tips with knowledge of the Colored Dome Mark.

    66. Defendan t has misleadingly used, and continue to use, a confusinglysimilar trade dress to the Colored Dome Mark that is likely to cause confusion, to causemistake, and to deceive as to defendant's affiliation, connection, association or sponsorshipwith Mixpac.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 12 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    13/115

    67. Def enda nt's acts are calculated to deceive, or are likely to deceive, thepublic, which recognizes and associates the Colored Dome Mark w ith Mixpac. Moreo ver,Defendant's conduct is likely to cause confusion, to cause mistake, or to deceive the public asto the source of Defendant's products, or as to a possible affiliation, connection with, orsponsorship by Mixpac.

    68. De fend ant's acts have caused, and continue to cause, irreparable harm toMixpac. Unless this court enjoins Defendant from continuing its unauthorized acts, Mixpacwill continue to suffer irreparable harm . As a result of Defen dan t's wr ong ful conduct, Mixpacis entitled to injunctive relief, D efen dant's pro fits, damages, and attorn ey's fees and costs.

    COUNT IXC O M M O N L A W U N F A I R C O M P E T I T I O N

    69. Mixpac realleges and incorporates by referen ce the allegations inparagraphs 1 through 68 of its com plaint.

    70. De fend ant's acts and uses constitute unfa ir competition under commonlaw.

    71. Defend ant adopted its trade dress in bad faith as it knowingly, williully,and intentionally copied the shape and colors of Mixpac's product to trade off Mixpac's labor,expenditures, and good will.

    72. Def enda nt's mixing tips utilize the Colored Dom e M ark in such a way asto unfairly compete in the marketplace by drawing a false association between Defendant'sproducts and Mixpac.

    73. Defend ant has made false designations of origin and false or misleadingdescriptions or representations of fact in commercial advertising or promotion which

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 13 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    14/115

    misrepresent the nature, characteristics, or qualities of another person's goods, services orcommercial activities

    74. De fend ant's conduct has caused Mixpac to suff er irreparable harm and,unless enjoined by the court, will cause Mixpac to continue to suffer damage to its operation,reputation, and goodwill and will suffer the loss of sales and profits that Mixpac would havemade but for Defe ndan t's acts. Defendan t has been, and will continue to be, unjustly enrichedby their unlawful acts.

    75. Mixpa c has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to cause irreparable damage to Mixpac . As a result ofDefendant's wrongful conduct, Mixpac is entitled to injunctive relief, Defendant's profits,damages, and attorney's fees and costs.

    COUNT XPATENT INFRINGEMENT OF U.S. PATENT NO. 5,918,77276. Plaintiff realleges and incorporates herein by referen ce the allegations in

    paragraphs 1 through 7 5 of its com plaint.77. Upo n informa tion and belief, by mak ing, using, importing, selling, or

    offering to sell their mixing tips, Defendant has infringed one or more claims of the '772Patent directly, cont rib uto ry, or through inducement. Defendant has engaged in theforegoing conduct with respect to the patented invention in the United States without authorityfrom Mixpac during the term of the '772 Patent.

    78. Upon inform ation and belief, Defend ant will not stop using, selling,and/or o ffering for sale the products at issue to avoid infringing the '7 72 Patent.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 14 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    15/115

    79. Upon inform ation and belief, De fend ant's infringem ent has beendeliberate, willful, and wanton, and with full knowledge of the '772 Patent.

    80. De fend ant's conduct has caused Plaintiff to suffe r and, unless enjoinedby the court, will cause Plaintiff to continue to suffer damage to their operation, reputation,and goodwill.

    81. Mixp ac has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to cause irreparable damage to Mixpac . As a result ofDefendant's wrongful conduct, Mixpac is entitled to a temporary restraining order, injunctiverelief, and damages.

    COUNT XIPATENT INFRINGEMENT OF U.S . PATENT NO. 6,186,36382. Mixpac realleges and incorporates by reference the allegations in

    paragraphs 1 through 8 1 of its com plaint.83. Upo n information and belief, by mak ing, using, selling, or offering to

    sell their mixing tips incorporating Mixpac's design features, Defendant has infringed one ormo re claims of the '363 Patent directly, contributorily, or through inducem ent. Defendant hasengaged in the foregoing conduct with respect to the patented invention in the United Stateswithout authority from Mixpac and during the term of the '363 patent.

    84. Upo n informa tion and belief, Defendant will not stop using, selling, oroffering for sale the product at issue to avoid infringing the '363 Patent.

    85. Upo n informa tion and belief, De fend ant's infringem ent has beendeliberate, willful, and wanton, and with full knowledge of the '363 Patent.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 15 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    16/115

    86. De fend ant's conduct has caused Mixpac to suffe r and, unless enjoined bythe court, will cause Mixpac to continue to suffer damage to its operation, reputation, andgoodwill.

    87. Mixp ac has no adequate remedy at law. De fend ant's conduct has causedand, if not enjoined, will continue to cause irreparable damage to Mixpac. As a result ofDefendant's wrongful conduct, Mixpac is entitled to a temporary restraining order, injunctiverelief, and damages.

    RELIEF REQUESTEDWherefore, Mixpac requests that the court enter a judgment in Mixpac's favor

    and against defendant and provide Mixpa c the following relief:A. Order, adjudge , and decree that Defend ant has infringed the Mixpac

    Colored Dom e Mark under 15 U.S.C. 1114 and 1125(a);B. Order, adjudge, and decree that Defend ant willfully and knowingly

    infringed the Mixpac Colored Dome M ark;C. Issue a temporary restraining order and preliminary and permanent

    injunctive relief prohibiting Defendant and its respective parents,subsidiaries, principals, officers, agents, affiliates, servants, attorneys,employees, and all others in privity with them from using any trade dresswhich is likely to be confused with the Colored Dom e M ark;

    D. Order Defen dant to identify and recall from customers and destroy allinfringing materials, including but not limited to all packaging andadvertising incorporating the infringing trade dress or any other trade dressconfusingly similar to the Colored Dom e Ma rk;

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 16 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    17/115

    E. Aw ard Mixpac damages for trademark infringem ent includingprejudgm ent interest and costs against Defendan t under 15 U.S.C. 1117;

    F. Aw ard Mixp ac three times its damages to compen sate Mixpac under 15U.S.C. 1117;

    G. Aw ard Mixpac its reasonable attorney's fees under 15 U.S.C. 1117;H. Aw ard Mixpac statutory damages for trademark counterfeiting pursuant to

    15 U.S.C. 1117;I. Order, adjudge , and decree that Defend ant has infringed the '772 and '

    363 Patents;J. Order, adjudg e, and decree that Defen dant willfu lly and knowingly

    infringed the '772 and '363 Patents;K. Order, adjudg e, and decree that De fend ant's infringem ent of the '772 and

    '363 patents is exceptional under 35 U.S.C. 285;L. Issue temporary, preliminary, and perman ent injunc tive relief prohibiting

    Defendant and its respective parents, subsidiaries, principals, officers,agents, affiliates, servants, attorneys, employees, and all others in privitywith them from infringing the '772 and '363 Patents;

    M. Aw ard Mixp ac damages for patent infringem ent including prejudgmentinterest and costs against Defendant under 35 U .S.C. 284;

    N. Award Mixpac three times its damages to comp ensate Plaintiff under 35U.S.C. 284;

    O. Award Mixpac its reasonable attorney's fees unde r 35 U.S.C. 285; andP. Award such other and further relief as the court may deem just.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 17 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    18/115

    Dated: New York, New YorkJanuary 17, 2012Respectfully submitted,

    Charles D. Cole, Jr. 'Newman Myers Kreines Gross Harris, P.C.14 Wall StreetNew York, New York 10005-2101(212) 619-4350-and-

    Michael T. MurphyBenita CollierK&L Gates LLP1601 K Street, N .W .Washington, D.C . 20006(202) 778-9176Attorneys for Plaintiffs Sulzer Mixpac USA,Inc. and Sulzer Mixpac AG

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 18 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    19/115

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 19 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    20/115

    s t a t e s o f M mWlniuto patent mb Wxtittzmtk O ffice

    :XWXi1Hr i

    Reg. No. 3,762,232 SULZER- MIXPAC AG (SWITZERLAN D CORPORATION)Registered Mar. 23,2010 GRUNDSTRASSE 12ROTKREUZ, SWITZERLAND CH-6343I n t . C I s . : 7 , 8 a n d 1 0 FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FOR USEIN CONNECTION WITH POWER-OPERATED AND MACHINE-OPERATED DISPENSINGGUNS USED FOR MIXING ADHESIVES AND SEALANTS FOR USE IN THE CONSTRUC-T R A D E M A R K HON, AUTOMOTIVE, ELECTRONICS, AEROSPACE, AND INDUSTRIAL ASSEMBLY ANDPRINCIPAL RE GIST E R REPAIR INDUSTRIES, IN CLASS 7 (U.S. CLS. 13,19,21,23,31 ,34 AND 35).

    FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FOR USEIN CONNECTION WITH MANUALLY-OPERATED DISPENSING GUNS USED FOR MIXINGADHESIVES AND SEALANTS FOR USE IN THE CONSTRUCTION, AUTOMOTIVE,ELECTRONICS, AEROSPACE, AND INDUSTRIAL ASSEMBLYAND REPAIR INDUSTRIES,IN CLASS 8 (U.S. CLS. 23,28 AND 44),FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FORDENTAL APPLICATIONS, IN CLASS 10 (US, CLS. 26,39 AND 44).FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.THE MARK CONSISTS OF THE COLOR YELLOW AND THE CONFIGURATION OF A FU-TURISTIC, DOME-FAADE HP HAVING A SMOOTH BOTTOM PORTION, A SLIGHTLYINDENTED MIDDLE PORTION, AN UPPER PORTION ANGLED INWARDLY WHICHNARROWS AND RESTRICTS TO A TOP PORTION THAT ATTACHES TO A TRANSPARENTSTEM WHICH ENCASES A CORKSCREW LIKE ELEMENT. THE DOITED OUTLINE OFTHE BOTTOM TAB AND TOP TABS ON THE DOME-FAADE TIP, THE SLIGHTLY INDEN-TED MIDDLE PORTION CONSISTING OF UNIFORM CONTINUOUS RIDGES, THE STEMAND THE CORKSCREW LIKE ELEMENT IS INTENDED TO SHOW POSITION OF THEMARK ON THE GOODS AND IS NOT PART OF THE MARKTHE COLOR(S) YELLOW IS/ARE CLAIMED AS A FEATURE OF THE MARK.birccluroftlie Umlcd Slulc. l'aient md Trademark Office

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 20 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    21/115

    Reg. No. 3,762,232 SEC. 2(F).SER. NO. 77-623,873, FILED 12-1-2008.NORA BUCHANAN WILL, EXAMINING ATTORNEY

    Page: 2 / RN # 3 ,762,232

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 21 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    22/115

    s t a t e s o f m e v r / >V I / 1 , W n t z b S t a t e s i p o t e n t a n t r r a t r e m a r & O f f i c e ^ t f

    Reg. N o. 3,976,379 SULZER MIXPAC AG (SWITZERLAND CORPORATION)RTISTRASSE 7Registered June 14,20 11 HAAG (RHEINTAD, SWITZERLAND CH-9469Int. CI.: 10TRADEMARKPRINCIPAL REGISTER

    FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FORDENTAL APPLICATIONS, IN CLASS 10 (U.S. CLS. 26,3 9 AND 44).FIRST USE 12-31-1997;'IN COMMERCE 12-31-1997,THE MARK CONSISTS OF THE COLOR BLUE AND THE CONFIGURATION OF A FUTUR-ISTIC, DOME-FACADE TIP HAVING A SMOOTH BOTTOM PORTION, A SLIGHTLY IN-DENTED MIDDLE PORTION, AN UPPER PORTION ANGLED INWARDLY W HICH NAR-ROWS AND RESTRICTS TO A TOP PORTION THAT ATTACHES TO A TRANSPARENTS TEM WHICH ENCASES A CORKSCREW LIKE ELEMENT. THE DOTTED OUTLINE OFTHE BOTTOM TAB AN D TOP TABS ON THE DOM E-FACADE TIP, THE SLIGHTLY INDEN-TED MIDDLE PORTION CONSISTING OF UNIFORM CONTINUOUS RIDGES, THE STEMAND THE CORKSCREW LIKE ELEMENT IS INTENDED TO SHOW POSITION OF THEMARK ON THE GOODS AND S NOT PART OF THE MARK.THE COLOR(S) BLUE IS/ARE CLAIMED AS A FEATURE OF THE MARK.SEC. 2(F).SER. NO. 77-848,301, FILED 10-14-2009.NORA BUCHANAN WILL, EXAMINING ATTORNEY

    Director ofthe Unted Siules Puten und Truknmrk Office

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 22 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    23/115

    ^ w v t e J s t a t e s o f g m e t eV ^ G i m t e * t f a t e t f p a t e n t a n * ^ r a l r e m a r k Uia>

    iJa'iI I\J

    Reg. No. 3,976,381 SULZER MIXPAC AG (SWITZERLAND CORPORATION)RTISTRASSE 7Registered June 14,201 1 HAAG(RHEINTAL), SWITZERLAND cH -9409Int. CL: 10TRADEMARKPRINCIPAL REGISTER

    FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FORDENTAL APPLICATIONS, IN CLA SS 10 (U.S. CLS< 2 6,3 9 AND 44).FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.THE MARK CONSISTS OF THE COLOR PURPLE AND THE CONFIGURATION OF A FU-TURISTIC, DOME-FACADE TIP HAVING A SMOOTH BOTTOM PORTION, A SLIGHTLYINDENTED MIDDLE PORTION, AN UPPER PORTION ANGLED INWARDLY WHICHNARROWS AND RESTRICTS TO A TOP PORTION THAT ATTACHES TO A TRANSPARENTSTEM WHICH ENCASES A CORKSCREW LIKE ELEMENT. THE DOTTED OUTLINE OFTHE BOTTOM TAB AND TOP TABS ON THE DOME- FACADE TIP, THE SLIGHTLY IN-DENTED MIDDLE PORTION CONSISTING OF UNIFORM CONTINUOUS RIDGES, THESTEM AND THE CORKSCREW LIKE ELEMENT IS INTENDED TO SHOW POSITION OFTHE MARK ON THE GOODS AND IS NOT PART OF THE MARK.THE COLOR(S) PURPLE IS/ARE CLAIMED AS A FEATURE OF THE MARK.SEC. 2(F).SER. NO. 77-848,320, FILED 10-14-2009.NORA BUCHANAN WILL, EXAMINING ATTORNEY

    Director uf the Unted Slates Puten unt Trademnrk Office

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 23 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    24/115

    3 m t e & S t a t e s i p o t e n t a ut o r a f c e m a r l i O f f i c e

    is

    Reg. No. 3,762,233 SULZERMIXPACAG (SWITZERLAND CORPORATION)Registered Mar. 23,2010 GRUNDSTRASSE 12ROTKREUZ, SWITZERLAND CH-6343I n t . C I s . : 7 , 8 a n d 1 0 FOR: MIXING TIP SUSE D WITH DISPENSERS OF TWO PART COMPOSITIONS FOR USEIN CONNECTION WITH POWER-OPERATED AND MACHINE-OPERATED DISPENSINGGUNS USED FOR M IXING ADHESIVES AND SEALANTS FOR USE IN THE CNSTRUC-TRADEMARK HO N, AUTOM OTIVE, ELECTRONICS, AEROSPACE, AND INDUSTRIAL ASSEMBLY ANDPRINCIPAL REGISTER REPAIR INDUSTRIES, IN CLASS 7 (U.S. CLS. 13,19,2 1,23 ,31,3 4A ND 35).

    FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FOR USEIN CONNEC TION WITH MANUALLY-OPERATED DISPENSING GUNS USED FOR MIXINGADHESIVES AND SEALANTS FOR USE IN THE CONSTRUCTION, AUTOMOTIVE,ELECTRONICS, AEROSPACE, AND INDUSTRIAL ASSEMBLY AND REPAIR INDUSTRIES,IN CLASS 8 (U.S. CLS. 23,2 8 AND 44).FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.

    DkwkK of the United Stute. IuKn uxt lYudcuuk OfTkx

    FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FORDENTAL APPLICATIONS, IN CLASS 10 (U.S. CLS. 26 ,39 AN D 44).FIRS TUS E 12-31-1997; IN COMMERCE 12-31-1997.THE MARK CONSISTS OF THE COLOR TEAL AND THE CONFIGURATION OF A FUTUR-ISTIC, DOME-FAADE TIP HAVING A SMOOTH BOTTOM PORTION, A SLIGHTLY IN-DENTED MIDDLE PORTION, AN UPPER PORTION ANGLED INWARDLY WHICH NAR-ROWS AND RESTRICTS TO A TOP PORTION THAT ATTACHES TO A TRANSPARENTSTEM WHICH ENCASES A CORKSCREW LIKE ELEMENT. THE DOTTED OUTLINE OFTHE BOTTOM TAB AND TOP TABS ON HIE DOME-FAADE TIP, THE SLIGHTLY INDEN-TED MIDDLE PORTION CONSISTING OF UNIFORM CONTINUOUS RIDGES, THE STEMAND THE CORKSCREW LIKE ELEMENT IS INTENDED TO SHOW POSITION OF THEMARK ON THE GOODS AND IS NOT PART OF THE MARK.THE COLO R(S) TEAL IS/ARE CLAIMED AS A FEATURE OF THE M ARK.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 24 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    25/115

    Reg. No. 3,762,233 SEC. 2(F>SER, NO. 77-623,884, FILED 12-1-2008.NORA BUCHANAN WILL, EXAMINING ATTORNEY

    P ag e: 2 / R N # 3 , 76 2 ,2 3 3

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 25 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    26/115

    ^ i v t e * t a t t i o f m e t tV l ^ W i n i r n & M t * p a t e n t a n b r a i e m a r & O f f i t c v C f

    Reg. No. 3,976,380 SULZE R MTXPAG AG (SWITZERLAND CORPORATION)RTISTRASSE7Registered June 14,201 1 HAAG(RHEINTAL), SWITZERLAND CH-9469Int. CI.: 10TRADEMARKPRINCIPAL REGISTER

    FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FORDENTAL APPLICATIONS, IN CLASS 10 (U.S. CLS. 26, 39 AND 44).FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.THE MARK CONSISTS OF THE COLOR PINK AND THE CONFIGURATION OF A FUTUR-ISTIC, DOME-FACADE TIP HAVING A SMOOTH BOTTOM PORTION, A SLIGHTLY IN-DENTED MIDDLE PORTION, AN UPPER PORTION ANGLED INWARDLY WHICH NAR-ROWS AND RESTRICTS TO A TOP PORTION THAT ATTACHES TO A TRANSPARENTSTEM WHICH ENCASES A CORKSCREW LIKE ELEMENT. THE DOTTED OUTLINE OFTHE BOTTOM TAB AND TOP TABS ON THE DOME-FACADE TIP, THE SLIGHTLY INDEN-TED M IDDLE PORTION CONSISTING OF UNIFORM CONTINUOUS RIDGES, THE STEMAND THE CORKSCREW LIKE ELEMENT IS INTENDED TO SHOW POSITION OF THEMARK ON THE GOODS AND IS NOT PART OF THE MARK.THE COLORS) PINK IS/ARE CLAIMED AS A FEATURE OF THE M ARK.SEC. 2(F).SER. NO. 77-848,315, FILED 10-14-2009.NORA BUCHANAN WILL, EXAMINING ATTORNEY

    Director of the Unted States Patent und Trudcmak Office

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 26 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    27/115

    Reg. No. 3,762,233 SEC. 2(F).SER. NO. 77-623,884, FILED 12-1-2008.NORA BUCHANAN WILL, EXAMINING ATTORNEY

    Page: 2 / R N # 3,762,233

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 27 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    28/115

    Reg. No. 4,051,261 SULZER MLXPAC AG (SWITZERLAND CORPORATION)ROTISTRASSE 7Registered Nov. 8, 2011 HAAG (RHEINTAL), SWITZERLAND CH9469Int. CL: 10TRADEMARKPRINCIPAL REGISTER

    FOR: MIXING TIPS USED WITH DISPENSERS OF TWO PART COMPOSITIONS FORDENTAL APPLICATIONS, IN CLASS 10 (U.S. CLS. 26,39 A ND 44).FIRST USE 12-31-1997; IN COMMERCE 12-31-1997.OWNE R OF U.S. REG. NOS. 3,762,232 AND 3,762,233.THE MARK CONSISTS OF THE CONFIGURATION OF A FUTURISTIC, DOME-FACADETIP HAVING A SMOOTH BOTTOM PORTION, A SLIGHTLY INDENTED MIDDLE PORTION,AN UPPER PORTION ANGLED INWARDLY WHICH NARROWS AND RESTRICTS TO ATOP PORTION THAT ATTACHES TO A TRANSPARENT STEM WHICH ENCASES ACORKSCREW LIKE ELEMENT. THE DOTTED OUTLINE OF THE BOTTOM IAB AND TOPTABS ON THE DOME-FACADE TIP, THE SLIGHTLY INDENTED MIDDLE PORTIONCONSISTING OF UNIFORM CONTINUOUS RIDG ES, THE STEM AND THE CORKSCREWLIKE ELEMENT IS INTENDED TO SHOW POSITION OF THE MARK ON THE GOODS ANDIS NOT PART OF THE MAR K.SEC. 2(F).SER. NO. 77-848,340, FILED 10-14-2009.ANNE. SAPPENFIELD, EXAMINING ATTORNEY

    Director of this Unted States I'atnit an iradcnmik Office

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 28 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    29/115

    REQUIREMENTS TO MAINTAIN YOUR FEDER ALTRADEMARK REGISTRATIONWARNING: YOUR REGISTRATION W ILL BE CANCELLED IF YOU DO NOT FILE THEDOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

    Requiremen ts iii the First Ten Years*What and When to F ile:First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the5th and 6th years after theregistration date. Se e 15 U.S.C. 1058,114 1k. If the declaration isaccepted, the registration will continue in force for the remainder of the ten-year period, calculatedfrom the registration date, un less cancelled by an order of the Commissioner for Trademarks or afederal court.Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and anApplication for Renewal b etween the 9th and 10th years after the registration d ate,*Se e 15 U.S.C, 1059.

    Requiremen ts in Successive Ten-Year Periods*What and When to F ile:You mustfilea Declaration of Use (or Excusable Nonuse) and an Application for Renewal betweenevery 9th and 10 th-y ear period, calculated from the registration date.*

    Grace Period F ilings*The above documents will be accepted as timely iffiledwithin six m onths after the deadlines listed abovewith the payment of an additional fe e.

    The United States Patent arid Trademark Office (USPTO) will NOT send you any future notice orreminder of these filing requirements.* ATTEN TION MA DRID PROTO COL REG ISTRAN TS: The holder of an international registration withan extension of protection to the United States under the Madrid Protocol must timely file the Declarationsof Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing arebased on the U.S . registration date (not the international registration date). The deadlines and grace periodsfor tileDeclarations of U se (or Excusable Nonuse) are identical to those for nationally issued registrations.See 15U.S .C. 105 8,1141 k. However, owners of international registrations do notfilerenewal applicationsat the USPTO. Instead, the holder must file a renewal of the underlying international registration at theInternational Bureau o f the World Intellectual Property Organization, under Article 7 of the Madrid P rotocol,before the expiration of each ten-year term of protection, calculated from the date of the internationalregistration. Se e 15 U.S.C. 1141j. For more information and renewal forms for the international registration,see http://www.wipo.int/madrid/en/. NOTE : Fees and requirements for maintaining registrations are subject to change. Please check theUSPTO w ebsite for furth er information. With the exception of renewal applications for registeredextensions of protection, you can file the registration maintenance documents referenced above onlineat http://www.uspto.gov.

    Page: 2 /R N#4 ,051 ,26 1

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 29 of 115

    http://www.wipo.int/madrid/en/http://www.uspto.gov/http://www.uspto.gov/http://www.wipo.int/madrid/en/
  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    30/115

    Exhibit B

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 30 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    31/115

    IlllDllllllfllllllll!U S0 0 6 8 6 3 6 3 B1en) United States PatentKeiler et al. (10) Patent No.: U S 6,18 6,36 3 B1(45) Date of Patent: Feb. 13,200 1(54) BAYONET FASTENING DEVICE FOR THEATTACHMENT OF AN ACCESSORY TO AMULTIPLE COMPONENT CARTRIDGE ORDISPENSING DEVICE(75) Inventors: W ilhelm A. Kelle r, Obstgartenweg 9,CH-6402 Meriischacben (CH); RichardJ. Wilson. Andover. MA (US)(73) Assignee: Wilhelm A. Keller, Merlischachea(CH)(* ) Notice: Under 35 U.S.C. 154(b). the term of thispaiem shall be extended for 0 days,(21) Appl. No.: 09/348,038(22) Filed: Jul. 6, 1999

    Related U .S. Application Data(63 ) Continuation of application No. 08/563,109. Bled on Nov.27, 1995, now Pat. No. 5,918,772, which is a continuation-in-part of application No. 08/403,172, filed on Mar. 13,1995, now abandoned, and a continuation-in-part of appli-cation No. 08/522,109, filed on Aug. 31.1995, now aban-doned.(30) Foreign Application Priority DataAug. 24, 1995 (EP) 958105 31

    (51) Int. CI.7 B67D 5/56(52) U.S. CI 222/145.6; 222/145.5;222/137(58) Field of Search 222/145.5, 145.6,222/567.326, 327. 136,137; 285/360.361,376, 401, 396, 400, 402, 915(56) References Cited

    U.S. PATENT DOCUMENTS2,816,518 12/1957 Dag gett.3,143,255 8/1964 Le eds .3,323,682 6/1967 Creighton et al. .3,884,388 5/1975 Holcomb .4,014,463 3/1977 Hermann .

    4,117,551 9/1978 Books et a. .4240,566 12/1980 Bergma n .4.432.469 2/1984 Eble ef aL .4,471.888 9/1984 Herb et ai. .4.538,920 9/19854,566,610 1/1986 Herb .4,687,663 8/1987 S chaef f e r .4,690,306 9/1987 Staeheli .4,747,517 5/1988 Hart .4.753,536 6/1988 Spe har et al. .4,767,026 8/19884.771.919 9/1988 Erns t .4,846.373 7/1989 Fenn et al. .4.869,400 9/1989 Jacobs .4,871,090 10/1989 Hoffman .4.913,553 4/1990 Falco .4.946,079 8/1990 Cam pbell .4,974,756 12/1990 Pearson et al. .4,978.336 12/1990 Capozzi et al. .4,981,241 1/1991 K el le r .4,989,758 2/1991 Keller

    222/145.6

    222/145.6

    222/145.6(List continued on next page.)

    F O R E I G N P A T E N T D O C U M E N T S0 730 913 * 11/1996 (EP) .2232910 1/1991 (GB) .

    * cited by examinerPrimary ExaminerkCenneth Bomberg(74) Attorney, Agent, or FirmFoley & Lardner(57) ABSTRACTAbayon et attachment on a cartridge for attaching a mixer oraccessory to a multiple component cartridge is formed as aring-shaped bayonet socket with two internal recesses andtwo diametrically opposed cutouts forming one bayonetcoupling part, whereas the bayonet attachment of the mixeror accessory comprises two bayonet lugs corresponding tothe cutouts. In a preferred embodiment, the respective inletsof the mixer housing or the outlets of the cartridge havedifferent sizes or shapes to provide coded aEgnment betweenthe cartridge and the mixer.

    7 Claims, 30 Drawing Sheets

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 31 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    32/115

    US 6,186,363 lPage 2U . S . PATENT DOCUMENTS 5,137.182 8/1992 , 222/145.65.228.599 7/1993 Keller.4,995,540 2/1991 Colin et ai. . 5,249.709 10/1993 Duckworth et al. .5.020.694 6/1991 Pettengill . 5.249,862 10/1993 Herold et al. .5.022,563 6/1991 Marchitto et al. . 5.289,949 3/1994 Gentile .5.033,650 7/1991 Colin et al. . 5.333.760 8/1994 , , 222/145.65.038,963 8/1991 Pettengl ei ai. . 5,413,253 5/1995 . 222/145,65,065,906 11/1991 Maeder . 5.609.271 * 3/1997 , 222/145.65,080.262 1/1992 Herold et al. . 5,918,772 * 7/1999 , ,, 222/145.6

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 32 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    33/115

    U.S. Patent Feb. 13,2001 Sheet 1 of 30 US 6,186,363 B1

    FIG. 1

    1 8 3S 9 11

    FIG. 26 10

    7 11

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 33 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    34/115

    U . S . Patent Feb. 13, 200 1 Sheet 2 of 30 US 6 ,1 8 6 ,3 6 3 B1

    FIG. 3

    1 2

    FIG. 4

    16 15 14

    13 13

    15 20 14 18

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 34 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    35/115

    U.S. Patent Feb. 13,2001 Sheet 3 of 30 US 6,186,363 B1

    FIG. 5

    2 4

    FIG. 6

    2 3

    L

    15 L 20 14 18

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 35 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    36/115

    U . S . Patent Feb. 13,20 01 Sheet 4 of 30 US 6,186,363 B1

    FIG. 7

    3S 9

    FIG. 828 9

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 36 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    37/115

    U . S . P a t e n t Feb. 1 3 ,2 0 01 S heet 5 of 3 0 US 6,186,363 B1

    IG . 8A9-s 28a

    29a

    F I G . 9A

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 37 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    38/115

    U.S. Patent Feb. 13,2001 Sheet 6 of 30 U S 6 , 1 8 6 , 3 6 3 B 1

    FIG. 9

    3 5

    FIG. 10

    16 15 36 147>iJm Vrftzg

    13

    m

    13

    M18 17 19 36 16

    15 20 14 18

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 38 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    39/115

    U.S. Patent Feb. 13,2001 Sheet 7 of 30 U S 6,186,363 B 1

    FIG. 11

    FIG. 123 1

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 39 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    40/115

    U.S. Patent Feb. 13,2001 Sheet 8 of 30 US 6,186,363 B1

    FIG. 13 /3 8

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 40 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    41/115

    U.S. Patent Feb. 13,2001 Sheet 9 of 30 US 6,186,363 B146 L 45 47

    FIG. 14

    4 2

    w,

    4 3

    FIG. 15

    4 3

    m

    4 34 9

    47 44494 3

    46 44 4 5

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 41 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    42/115

    U.S. Patent Feb. 13,2001 Sheet 10 of 30 US 6,186,363 B1

    FIG. 16A FIG. 16B

    FIG. 1755 54 55

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 42 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    43/115

    ILS* Patent Feb. 13,2001 Sheet 11 of 30 U S 6,1 86 ,36 3 B 1

    FIG. 18 FIG. 19

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 43 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    44/115

    U.S. Patent Feb. 13 ,2001 Sheet 12 of 30 US 6,186,363 B1

    FIG. 20 FIG. 2163A 65

    FIG. 22 FIG. 23

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 44 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    45/115

    U.S. Patent Feb. 13,20 01 Sheet 13 of 30 US 6,186,36 3 B 1FIG. 24

    73 71 70

    7 4

    FIG. 25

    7 4

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 45 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    46/115

    U.S. Patent Feb. 13,2001 Sheet 14 of 30 US 6,186,363 B1

    FIG. 26

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 46 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    47/115

    U.S. Patent Feb. 13,2001 Sheet 15 of 30 US 6,186,363 B1

    FIG. 279 6 8 9

    FIG. 28

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 47 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    48/115

    ' S . P a t e n t Feb. 13,2001 Sheet 16FIG. 29

    of 30 US 6 ,186 ,363 B1

    110 111 109-fcEL Cj

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 48 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    49/115

    U.S. Patent Feb. 13,2001 Sheet 17 of 30FIG. 30

    101

    FIG. 31

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 49 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    50/115

    U . S . P a t e n t F eb . 1 3 ,2 0 01 S heet 18 of 3 0 U S 6 , 1 8 6 , 3 6 3 B 1

    FIG.32 /

    1 2 6^ 1

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 50 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    51/115

    U.S. Patent Feb. 13,2001 Sheet 19 of 30 U S 6,1 86 ,36 3 B 1

    FIG. 33

    FIG. 34

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 51 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    52/115

    U.S.Patent Feb. 13,2001 Sheet 20 of 30 US 6,186,3

    FIG. 35

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 52 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    53/115

    U . S . P a t e n t F eb . 1 3 ,2 0 01 Sh eet 2 1 of 3 0 US 6,186,363 B1

    FIG. 36

    FIG. 37136 133 152

    137

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 53 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    54/115

    U.S. Patent Feb. 13,2001 Sheet 22 of 30 US 6,186,363 B1

    FIG. 38

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 54 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    55/115

    U . S . Patent Feb. 13,2 001 Sheet 23 of 30 US 6 ,186 ,363 B1

    FIG. 39

    170A 170FIG. 40

    157 194

    1 6 7 A1 9 5 1 5 8 1 9 2

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 55 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    56/115

    U . S . P a t e n t Feb . 13 ,2001 Sheet 24 of 30 US 6 ,186 ,363 B1

    FIG. 41

    157B 158B

    FIG. 42196 rw

    1 6 0 A

    ISS!-199

    1 6 1 A

    FIG. 43194

    160A

    195 192A

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 56 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    57/115

    U.S. Patent Feb. 13,2001 Sheet 25 of 30 US 6,186,363 B1

    FIG. 44

    1 6 2

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 57 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    58/115

    U . S . P a t e n t Feb. 13,2001 Sheet 26 of 30 US 6,186,363 B1

    FIG. 45

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 58 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    59/115

    U.S. Patent Feb. 13,2 001 Sheet 27 of 3 0 U S 6 , 1 8 6 , 3 6 3 B 1

    FIG. 46190 19Q

    FIG. 47179A 181 152

    /182 180

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 59 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    60/115

    U.S. Patent Feb. 13,00 1 Sheet 28 of 30 US 6,186,363 B1

    FIG. 48169 19 3 169A

    17QA 170

    FIG. 501 6 7 A1 5 8 1 9 2 1 9 5

    2 1 51 5 4 \ ^ 2 1 62 1 6 ' ^ - 1 6 0

    161 157 194 167

    FIG. 49

    215 216 158

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 60 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    61/115

    U.S. Patent Feb. 13,2001 Sheet 29 of 30 US 6,18 6,36 3 B 1

    FIG. 51 FIG. 52

    FIG. 53 FIG. 54

    FIG. 55 FIG. 56

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 61 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    62/115

    U.S. Patent Feb. 13,2001 Sheet 30 of 30 US 6,186,363 B1

    FIG. 5 7 FIG. 58

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 62 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    63/115

    US 6,186,363 B115 2BAYONET FASTEN ING DEVIC E FOR THE closure plugs in the coirect position, it is possible to nowATTACHMENT OF AN ACC ESSO RY TO A chemically contaminate the outlets of the cartridge. Again,MU LTIPLE COMP ON ENT CAR TRID GE OR this can cause plugging and a reaction back into and withinDISPEN SING DEVICE the cartridge.CROSS-REFERENCE TO RELATED * A d d i t i f f ^ i l * comm only found in bayonet attachmentAPPLICATIONS means of the prior art that the bayonet prongs or thecartridge are relatively sm all and therefore of limited struc-The present application is a continuation of patent appli- tural rig idi ty and strength. This allows the possibility ofcation Ser. No. 08/563,109 , filed Nov. 27 ,19 95 , now U.S. distortion and is of greater significance due to the trendPat. No. 5,918.772, which is a continuation in part of patent 10 towards smaller mixer diameters and therefore highapplication Ser. No . 08/403 ,172 file d Mar. 13, 1995, now backpressures, the result bein g leakage at the mixer toabandoned, and a continuation in part of patent application cartridge sealing interface during dispensing.Ser. No. 08/522,109 filed Aug. 31, 1995 now abandoned. SUMMARY OF THE INVENTIONBACKGROUND OF THE INVENTION 15 On the basis of this prior art, it is an object of the presentThe present invention relates to a bayonet fastening in v e n tjon to provide for a bayonet attachment device Cordevice for the attachment of an accessory to a dispensing attaching a mixer, or closure means or any other accessory,device, m particular for the attachment of a mixer lo a s u c h a s aQ a d a p t e r o r a a m ^ c m g tube to a multipletwo-component cartridge. ^ component dispensing devic e, in particular a two componentThere ex ists a great number o f mixers and cartridges ~ cartridge, which has improved strength and structural rigid-

    having means for attaching the mixer to the cartridge for ity against stress caused by greater hydraulic forces due toexample. U.S. Pat. Nos. 4 ,767,026 and 4,538,9 20 disclose the trend towards smaller mixer diameters as well as pro-on mixer that has two bayonet locking lugs inserted into viding improved interface sealing,corresponding prongs on the canridge by rotation. On one ^ ^ o b j e c t i s a t t a i n e d w i t h a d e v i c e w h e r e i n s a i d b a y o n e thand, the roiary locking movement of the comp lete mixer attachment means at the dispensing apparatus or cartridge iswill cause contamination of one chemical component f o m j e d ^ mg-shzped bayonet socket, with at least twoagainst the other chem ical componen t at ihe interface in t e r a a l r e c e s s e s or an inner circular groove with at least twobetween the cartridge and the mixer, in that these compo- b a y o n e i C Q t aa t & l l o w e d b y a d j a c e n { b a y o n e t r 6 t ai n innents will be transported from one outlet to the other outlet, 3 Q m e a n s . a Q d w h e r e i n & e b a y o n e t at la chment means of thefrom one inlet to the other inlet, causing an undesired accessory comprises at least two bayonet lugs correspondingreaction between these chemical components al the interface t 0 l b e ^ Q U t sbetween cartridge and mixer or closure means, and eventu- Tl , ,, ,_ , , r , ,ally carrying such a reaction back into the cartridge outlet, 1 1 1 5 a n c H h f r o i f c | o f t h e ' n v e n l l 0 f o f t h ethus causing plugging of the outlets. On the other hand there a c c e f s 0 r y f e s to th c a r t n d * e outlets takes place m one , - j .j, 3 5 position only to avoid cross contamination. This object isexist situations where it is necessary to connect and attach r . , , . . . . . . . . 1ihe mixer or accessory to a multiple component cartridge or a t t a m e d f. d e V l c e w h e r e i Q s a l ddispensing device in a predetermined position, such as when m e a D S a t f e d l s P e a s m / o r c a r t n d f u e a n d a t t h e , -J * i * jy j-ec , c accessory have means for coded alignment of the accessorycartridge outlets or mixer mlets are of a different size for tQ ^ ^ . tu ca ddifferent relative mixing ratios or when mixers or accesso- 4f. spensing ppara s or ca n ge.ries are refitted for reuse. Other objects and improvements of the device are definedThere exists a need to connect and attach a mixer or m l h e d e P e n d e n l c l a i m s -accessory to a multiple component cartridge or dispensing BRIEF DESCRIPTION OF THE DRAWINGSdevice in a predetermined orientation, such as when car-tridge outlets or mixer inlets are of a different size for 4 5 The invention will be explained in more detail hereinafterdifferent relative mixing ratios or when special high ratio with reference to a drawing of embodim ents,mixers are used for greater mixing efficiency and when FIGS. 1 -6 show afirstembodiment of the invention withmixers or accessories are refitted for reuse. In the latter case a r Q t a t a b l e r a ix e r housing, whereinof reuse, it is necessary to avoid any possibility of cross , - , , - e, . .. i . . J r . . FIG. 1 is a longitudinal section of a mixer,contamination ot one chemical component against another 5 0 "during refitting. Such cross contamination of reactive chemi- F i G - 2 f a ^ ^ o f t h e id 4 e a d o f i m x e r 'cal systems can cause plugging at the cartridge outlets and PIG. 3 is a longitudinal section of a cartridge,cause a reaction back into and within the cartridge. FIG. 4 is a top view of the cartridge of FIG. 3 withU.S. Pat. No. 5,228,5 99 discloses a multiple dispensing distanced outlets and ring-shaped bayonet means,cartridge having a mixer attached thereto with the aid of a 55 FIG. 5 is a longitudinal section of a cartridge having twocoupling nut having an internal thread, wherein each storage containers with different cross-sectional areas,cylinder ends in a dispensing opening which forms a side by FIG. 6 is a top view of the cartridge of FIG. 5 withside outlet, whereas the inlet of the mixer is not defined. The distanced outlets and ring-shaped bayonet means.mixer is put on the cartridge and secured by a coupling nut , . . ., , ,, j . .7 r e FIGS. 7-1 3 show a second embodiment of the inventionvia an external thread al the cartridge. 60 ., . . , comprising a coupling ring, whereinAnother cross contamination situation can occur when a _ 7 , . , . -clean mixer or accessory inlet area or closure plugs are able FI G " 7 1 5 a I o n S l i u d m a l s e c t l o n o f a m ix er

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    64/115

    US 6,13FIG. 9a is a detailed view of a cartridge with distancedoutlets of different size,FIG. 10 is a top view of the cartridge of FIG. 9 with a nosepiece,FIG. 11 is a top view of a coupling ring,FIG. 12 is a section of the coupling ring of FIG. 11,FIG. 13 is a longitudinal section of a variant of the mixerof FIG. 7 and 8 attached to the cartridge of FIGS. 5 and 6having containers with different cross-sectional area.FIGS. 14-19 show a third embodiment of the inventionwith a locking ring permanently attached to the cartridge,whereinFIG. 14 is a longitudinal section of a cartridge withdistanced outlets,FIG. IS is a top view of the cartridge of FIG. 14,FIG. 16A is a view on the mixer side of a locking ring tobe attached to the cartridge,FIG. 16B is a view on the cartridge side of the lockingring of FIG. 16A,FIG. 17 is a section of the locking ring according to theline XVIIXVII of FIG. 16B.FIGS. 18 and 19 show in two longitudinal sections at90to each other a mixer attached to the cartridge of FIG. 14with the locking ring of FIGS. 16A-17, in the lockedposition.FIGS. 20 -2 5 show three embodiments of a closure cap forthe cartridge, whereinFIGS. 20-2 1 show asfirstembodiment a two part closurecap in a longitudinal section and a view on its cartridge sideface,FIGS. 22-23 show as second embodiment a one partclosure cap for use with a coupling ring in a longitudinalsection and a view on its cartridge side face.FIGS. 24 -2 5 show as third embodiment a one part closurecap for use with a locking ring attached to the cartridge ina longitudinal section and a view on its cartridge side face.FIGS. 26-28 show an alternative embodiment of theinvention with aring-shapedbayonet socket at the rotatablemixer housing, whereinFIG. 26 is a longitudinal section of a mixer attached to apartially shown cartridge,FIG. 27 is a view o f the inlet end o f the mixer, andFIG. 28 is a top view of the cartridge of FIG. 26.FIGS. 29-31 show a further embodiment of the inventionwith aring-shapedbayonet socke t at the cartridge, whereinFIG. 29 is a longitudinal section of a mixer attached to apartially shown cartridge,FIG. 30 is a view of the inlet end of the mixer, andFIG. 31 is a top view o f the cartridge of FIG. 29.FIGS. 32-3 4 show a further embodiment o f the inventionwith a ring-shaped bayonet socket at the cartridge, whereinFIG. 32 is a longitudinal section o f a mixer attached to apartially shown cartridge,FIG. 33 is a view of the inlet end of the mixer, andFIG. 34 is a top view of the cartridge of FIG. 32.FIGS, 35 -37 show an further embodiment of the inven-tion with a sector-shaped bayonet socket at the cartridge,whereinFIG. 35 is a longitudinal section of a mixer attached to apartially show n cartridge,FIG. 36 is a top view of the cartridge of FIG. 35, and

    ',363 B1 4FIG. 37 is a view of the inlet end of the mixer.FIGS. 38-40 show an alternative embodiment of iheinvention with a sector-shaped bayonet socket at thecartridge, whereinFIG. 38 is a longitudinal section of a mixer attached to apartially show n cartridge,FIG. 39 is a top view of the cartridge of FIG. 38, andFIG. 40 is a view of the inlet end of the mixer,m FIGS. 41-4 4 show a further embodiment of the inventionwith a coupling ring, whereinFIG. 41 is a longitudinal section of a mixer,FIG. 42 is a longitudinal section of a coupling ring,FIG. 43 is a top view of the couplingringof FIG. 42, andFIG. 44 is a longitudinal section of the mixer attached toa partially shown cartridge via the coupling ring.FIGS. 45-47 show a further embodiment of the inventionwith a sector-shaped bayonet socket at the mixer, wherein2 0 FIG. 45 is a longitudinal section of a mixer attached to a

    partially shown cartridge,FIG. 46 is a top view of the cartridge of FIG. 41, andFIG. 47 is a view of the inlet end of the mixer.25 FIGS. 48 -58 show several further coding means at boththe cartridge and the mixer for preventing cross-contamination by erroneous attachment of the mixer ontothe cartridge, whereinFIG. 48 is a top view of a cartridge like in FIG. 39. with30 additional coding means.FIG. 49 is a section of the inlet end o f a mixer like in FIG.38, with additional coding means,FIG. 50 is a view of the inlet end of the mixer of FIG. 49.FIGS. 51 and 52 show a variant of the coding means at the3- cartridge and mixer.FIGS. 53 and 54 show a further variant of the coding

    means at the cartridge and mixer.FIGS. 55 and 56 show a further variant of the coding40 means at the cartridge and mixer.FIGS. 57 and 58 show a further variant of the codingmeans at the cartridge and mixer.

    DETAILED DESCRIPTION OF THEPREFERRED EMBODIMENTS45 FIGS. 1- 2 show a mixer 1 comprising a mixer housing 2,a mixer element group 3, the mixer outlet 4 and a mixer inletsection 5 w ith two separated inlet pans 6 and 7, which areintegral with a properly aligned separating element 3S of the50 mixer element group 3. This mixer is attached to thecartridge by matching the mixer different width bayonet lugs10,11 to the different width bayonet sockets 19, 20 whilepressing the mixer onto the cartridge and by rotating themixer housing 2. The separated inlet parts 6 and 7 and the55 mixer element group 3 with the separating element 3S do notrota te. Separating element 3S serving in this embodiment asa separating means for guiding each chemical componentseparately to the first dividing element 3D of the mixerelement group 3.60 The mixer housing is provided with longitudinal ribs 8that end at the larger diameter 9 of the mixer housing 2. Thetwo lateral ends of the ribs are formed as bayonet lugs 10 and11 cooperating with the bayonet retaining means of thecartridge. As followsfromFIG. 2, the two lugs do not have65 the same width, lug 10 being larger than lug 11. As will beshown later, the different width of the lugs enable a codedalignment and attachment of the mixer to the cartridge.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 64 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    65/115

    US 6,186,363 B115 65The mixer element group 3 is connected to the separated Cartridge 35 (see FIGS. 9 and 10) is the same as cartridgeinlet parts 6 and 7 and is disposed in such a way within the 1 of FIG. 1 with the exception that the bottom of the bayonethousing that the bousing itself is rotatable around the mixer attachment means 16 comprises a nose piece 36 correspond-element group 3 with attached inlet parts 6 and 7. which are ing to the slot 30 at the mixer (see FIGS. 7 and 8), for codedarranged at the inlet side of the firs t mixer element 3S 5 alignment of the mixer.serving in this embodiment as a separating means for When connecting the mixer to the cartridge, the noseguiding each component separately to the first dividing piece 36 on the cartridge fits into slot 30 of the mixer inletelement 3D of the mixer element group 3. section 27 . This coded connection method assures not onlyIn FIG. 3, the cartridge 12 comprises two cylindrical ^g om em possibility but also axial mixer attachmentcontainers or chamber 13 of equal cross-sec tionai areas for io without rotation of the mixer housing thus preventing 1 , . . .. . . , contamination ot one component by the other at thea 1:1 metering ratio ending in two individual, separate cartridee/mixer interfacecylindrical and distal outleis 14 and 15. The outside shapes r ,, ,. .. . ^ . ,.of the distal outlets 14 and 15 of the cartridge correspond to ^ ^ ar ^ o d i n g means possible at the d|spensjng. . ., , . . , F , _ c apparatus or cartridge and at the accessory tor the codedthe respective inside shapes of the separate inlets 6 and 7 of a l i t o f t h e a c * t 0 t h e d i s n s i y a t u s o rhe mixer, (see FIG. 1) whereby the inlets of the mixer fit 15 c & r t d d g e , e.g . pins or protruding parts of all landfitting ntoover the outlets of the cartridge for tightly sealed connec- a r e c e s s o r c a v i t y o r s I o t T h e c o d i n g m e a n s m a y so taketioris. A reverse arrangement, where the inlet parts 6 and 7 the for m of differently shaped, similar or dissimilar sizedfit into the outlet openings 14 and 15 is also possible. inlets and outlets as described later in the specification.In FIG. 4, the bayonet means 16 at the cartridge comprises FIG. 13 show s a mixer 38 attached to a cartridge 75a ring-shaped bayonet socket 17 with two internal recesses 20 having containers 76 and 77 with different cross-sectional

    18 and a circular opening with two diametrically opposed areas, as a variant to the embodiment shown in FIGS. 5- 12different width bayonet culouLs 19 and 20 for receiving the in that the mixer inlet section 37 o f m ixer 38 has a separatingcorresponding different width bayonet lugs 10 and 11, (sec means within the mixer, which separating means comprisesFIG. 1). of the mixer, allowing coded introduction of the separated inlet chambers 39, 40, respectively having differ-mixer in one predetermined position only. The flangeparts 2 5 e n t cross-sectional areas, and lodged within a smaller com-21 adjacent to the cutouts serve as bayonet retaining means b i n e d diameter than the cartridge outlet with correspondingfor securing the lugs of ihe mixer. openings for each chamber for material to pass through.rr-L . . . , , t - l l n . The aforementioned separating means serves to maintainine nng-shapea bayonet means provides, in particular, .. ~ * - 1 x it ~ . . . .. , f ., J c . r . . . . , separation of the material flows up to the firs t dividingfor increased strength of th eb ay on e retaining means and J m e i l t 3 D o f t h e m i x e r e I e m e n t / o u p 3 . This separatingincreased structural ngid ity of the outlet end of the cartridge m e a n s c a n h a v e c h a m b e i s w i l h * a I o s s . s e c t i o n al areaswhen, during dispensing, the hydraulic forces transmitted Q r h a v e a c r o s s _ s e c t i o n a l a r e a ratio other than 1:1. Forfrom the attached mixer are at a maximum. This arrange- example, the ratio of the cross-sec tional areas of the sepa-ment is a substantial improvement in comparison w ith the r a t j a g chambers can be adapted to the cross-sectional areasprior art bayonet prongs. ^ o f ^ containers 76 and 77 of cartridge 75, respectively toFIGS. 5 and 6 show a variant to the embodiment shown " its metering ratio. The separating means isfixedlyconnectedin FIGS. 1-4 in that the containers 22 and 23 of cartridge 24 to the mixer element group 3.have different cross-sectional areas for metering ratios other The cartridge 75 has the same attaching means as in FIGS,than 1:1. 5 and 6, and the mixer 38 is attached to the cartridge byIn both described case s, in order to attach the mixer to the 4 0 means of the coupling ring 31.cartridge, the mixer can only be aligned with its bayonet lug The third embodiment of the invention according to thewidths corresponding to the different width cut outs of the FIGS. 14 -19 comprises a locking ring 51 that is snappedbayonet sockets, then pressed onto the cartridge such that 0nto and permanently attached to the cartridge 42. Thewhen the mixer is in place and the outlets and inlets are cartridge 42 comprises two cylindrical containers or cham-connected, the mixer housing 2 is rotated by 90 for the 4 5 bers 43 of equal cross-sectional area, two distal outlets 45engagement of the bayonet lugs 10, 11 in the bayonet and 46, and an attaching means 47 for attaching the lockingretaining means 21 of the cartridge. This attachment method rin g 51 and for limiting its rotational movement. The formprevents contamination of one component by the other at the 0 f the attaching means 47 is a circular edge 49 with two lugsmixer-cartridge interface yet enabling a quick coded attach- 44 of same width and arranged around the two distal outletsment of the mixer. s o with a circular undercut 48 at its base.FIGS. 7 and 8 show in a second embodiment a mixer 25 The locking ring 51 (see FIGS. 16A and 16B) and 17,comprising a mixer housing 26, a mixer element group 3, a snaps over circular edge 49 of the attaching means of themixer outlet 4, and a mixer inlet section 27. This mixer is cartridge and remains attached to it. The locking ring 51 hasfixed to the cartridge 35 (see FIG. 9) with the aid of a an inner circular groove 52 forming a cartridge side edge 53separate coupling ring (se e FIGS. 11 and 12). The coupling 55 and a mixer side edge 54. The cartridge side edge 53 has tworing 31 is provided w ith two bayonet lugs 3 2 and 33 opposed cutouts 55 the width of which corresponds to thecorresponding to the bayonet cutouts 19 ,20, respectively of lugs 44 of the attaching, means whereby the inner diameterthe bayonet attachment m eans 16 at the cartridge. For better 0 f the cartridge side edge 5 3 is slightly smaller than the outermanual gripping, rib s 34 are provided on the outer cylin- diameter of the circular edge 49 of the attaching means ofdrical surface . 60 the cartridge. For snapping the lockingring o the cartridge.It follows in particular from FIG. 7 that the mixer inlet the ring is positioned so that the cutouts of its cartridge sidesection 27 comprises two cylindrical, individual inlet open- edge are placed above the lugs of the attaching means andings 28. 29 at the inlet side face of the first mixer element the ring i s then pushed onto the cartridge so that the3S serving in this embodiment as a separating means for remaining cartridge side edge of the locking ringslides intoguiding each component separately to the first dividing 65 the circular undercut 48 of the attaching means. The lockingelement 3D of the mixer element group 3. As lot 30 provides ring is also provided with a serration 58 for better manualfor a coded alignment of the mixer in regard to a cartridge. gripping.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 65 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    66/115

    US 6,186,363 B115 66The mixer side edge 54 has two opposite cutouts 56 and In the case of utilizing the advantages of the ring-shaped57 of different width corresponding to the lugs 10 and JU of bayonet socket alone and without the need for codedthe mixer for insertion in one po sition only. These two attachment, the bayonet lugs 10 and 11, 32 and 33 . 64 andcutouts are arranged at 90 to the cutouts 55 of the cartridge 65 at the mixer or closure cap or accessory as well as theside edge. Thus, when the mixer 59 is to be attached to the 5 corresponding bayonet cutouts 19 and 20 at the retaininglocking ring on the cartridge and the locking ring is rotated means at the cartridge or 56 and 57 at the lockingring51 ,by 90, the remaining inside flang e parts of both the car- may have the same widths. This applies also in the caseiridge side edge and the mixer side edge serve as bayonet when more than two lugs and corresponding cutouts areretaining means to encompass the mixer lugs 10 and 11 as used, for example three or four respectively,well as the lugs 44 of the attaching means 47 of the cartridge m The FIGS. 26-28 show a further embodiment of thefor strong securement. invention with an inverse bayonet arrangement as comparedFIGS. 18 and 19 show cartridge 42 of FIG. 14 with a with those of the bayonet arrangement of the mixer andmixer 59, which is similar to mixer 1 of FIG. 1 with the same cartridge according to FIGS. 1-4. FIG. 26 shows a mixer 80mixer inlet section 5 with separate female inlets 6 and 7, comprising a mixer housing 81 with mixer outlet 4 and aexcept thai the housing 60 is not rotatable around the integral mixer inlet section 82 containing two separated inlet parts 83internal parts of the mixer and has no ribs 8, and the two 15 and 84 followed by a separating element 3 S, which in turnbayonet lugs 10 and 11 are of different widths. FIG. 18 is fixe dly attached to a properly aligned element 3D of theshows the mixer introduced within the locking ring 51 with m ix e r element group 3. Also this mixer is attached to thethe locking ring in its locked position and FIG. 19 shows a cartridge by matching the coding means of mixer andsection along the line XIXX IX in FIG. 18 of the same cartridge by pressing the mixer onto the cartridge and byassembly at 90. It is evident that a mixer with separated 2 0 rotating the mixer housing 81 of the mixer about the integralinlet chambers can be attached likewise and also that a internal mixer parts comprising separate female inlets 83cartridge may be one having containers with different cross- and 84. the separating element 3S and the mixer elementsectional areas as in FIG. 5. group 3. The mixer element group or part thereof could alsoThe above described system of the coded attachment of be prealigned and be fixe dly assembled within the mixerthe mixer also allows for the coded attachment of closure 25 housing.caps, adapters etc:., thus preventing cross contamination and The mixer housing 81 is provided with longitudinal rib sallowing closure cap re-use. 8, which end at the larger diameter 85. The larger end of theHiefirstembodiment of a coded closure cap 61. FIGS. 20 mixer housing has a nose piece 89, which provides a highlyand 21. consists of two parts. The insert 62 has two male ^ visible coded guide for alignment and insertion into theplugs 63 for closing the outlets of a cartridge, for example slotted prong 90 of the cartridge. The mixer housing 81 isthe distanced outlets 14 and 15 of cartridge 12 of FIG. 3. also provided with aringshaped bayonet socket attachmentIn this embodiment it is shown how the sealing effect of means 100 comprising two bayonet flang e parts 94 and 95a plug at the cartridge outlet can be improved by providing acting as bayonet retaining means, having two cut ouis 96the male ping 63 with a second rim 63 A reaching over the i5 and 97 in between.female cartridge outlet. The provision of such a male plug ~ The cartridge 86 has two cylindrical containers 87 and 88with a circumferential rim is of course not limited to this with the distanced outlets 14 and 15 forfittingand scalingexample. within the mixer inlet section 82. The cartridge front 86 A isThe rotatable attaching means has two bayonet lugs 64 provided with a slotted prong 90 and a guide piece 91 forand 65 of different widths corresponding to the lugs 10 and 4 0 preventing incorrect insertion of the mixer and further with11 of mixer 1 of FIG. 1. The outer surface of the cap is two bayonet flang es 92 and 93 with tapered wedge shapedprovided withribs66 and a collar 70 for better gripping. Hie edges, corresponding inwidth with the mixer cutouts 96 andcoded attachment of the closure cap to cartridge 12 or 24 is 97. and with reduced d iameter cutouts 98 and 99 in between,analogous to the attachment of mixer 1. For attaching the mixer to the cartridge, the mixer inletThe second embodiment, FIGS. 2 2 and 23, consists of a 45 part 82 is introduced into the cartridge by aligning the nosecoded closure cap 6 7, which also has two plugs 68 for piece 89 of the mixer housing within the slotted prong 90closing the outlets of a cartridge, for example the distanced while the part 91 acts as a guide piece as the mixer inlets aremale outlets 14 and 15 of cartridge 35 of FIG. 9, and a slot pushed onto and over the cartridge distanced male outlets 1469 similar to slot 30 at mixer 25 for coded cooperation with and 15 such thai the cartridge flang es 92 and 93 correspondnose piece 36 of cartridge 35. The outer surface of the cap 50 to and enter within the mixer cutouts 96 and 97. Uponis also provided with a collar 70 for better manual gripping. rotating the mixer housing, the mixer bayonetflangeparts 94The attachment of the cap to cartridge 35 is achieved with and 95 progressively move against the cartridgeflanges92coupling ring 31 of FIG. U , analogous to the attachment of and 93, because of their tapered wedge shaped depth,mixer 25 to that cartridge. forcing the mixer 80 against the cartridge front 86A. DuringThe third embodiment of a coded closure cap 71 , FIGS. 55 this mixer to cartridge attachment, the mixer housing 8124 and 25, is similar to the second embodiment and aim - rotates 90 about the stationary integral internal mixer parts,prises two plugs 72 for closing the distanced male oudets 45 The above bayonet arrangement, wherein the ring-shapedand 46 of cartridge 4 2 of FIG. 14. F IG. 25 shows the bayonet socket is at the accessory, as shown for a rotatingcartridge side of the closure cap with two bayonet lugs 73, mixer housing, can also be used in analogous manner for74 of different width and diametrically opposed on the edge go previously sho wn embodiments and for the closure caps,facing the cartridge. This closure cap is attached by means with the exception of the locking ring solutions. Alternativeof the locking ring 51 of FIGS. 18 and 19 and is also coding means arranged around the outer periphery of theprovided with a collar 70 for belter manual gripping. mixer housing are possible or is achieved by different widthsThering-shapedbayonet attachment means of the car- of cutouts and matching flan ge parts,tridge ensures a better stability of its outlet area and stronger 65 FIGS. 29-31 show a further embodiment wherein theretaining of the bayonet lugs compared with prior art bayo- mixer is provided with m ale inlet parts fittin g into andnet attachment means. sealing within the fema le cartridge outlets.

    Case 1:12-cv-00369-ALC Document 1 Filed 01/17/12 Page 66 of 115

  • 8/3/2019 Sulzer Mixpac et. al. v. Kalmed Dental Products

    67/115

    US 6,1869FIG. 29 shows a mixer 101 comprising a mixer bousing102 with mixer outlet 4 and a mixer inlet section 103containing two separate male inlets 104 and 105 followed bya separating element 3S which in turn is fixedly attached toa properly aligned first dividing element 3D of the mixer 5element group 3. Also this mixer is attached to the cartridgeby matching the coding means of the mixer to the codingmeans of the cartridge, by pressing the mixer onto thecartridge and by rotating the mixer housing 102 about theintegral internal mixer parts comprising separate male inlets 10104 and 105, the separating element 3S and the mixerelement group 3. The mixer element group or part thereofcould also be prealigned and befixedlyassembled within themixer housing.The mixer housing 1 02 i s provided with longitudinal r ibs 158, which end at the larger diameter 106, the two lateral endsof which are formed as bayonet lugs 107 and 108, FIG. 30,cooperating with the bayonet retaining means of the car-tridge. The bayonet lugs do not have the same width, lug 107'being larger. 20The cartridge 109, FIG. 31, has two cylindrical containers110 and 111 with the distanced female outlets 112 and 113for fitting and sealing over the male mixer inlets 104 and105. The cartridge front 114 is provided with the samebayonet means 16 as the cartridge of FIG. 4, comprising a 2 5ring shaped bayonet socket.FIGS. 32-34 show a further embodiment wherein themixer is provided with a male and a female inlet part fittingand sealing into/over the female/male cartridge outlets. ^FIG. 32 shows a mixer 115 comprising a mixer housing116 with outlet 4 and a mixer inlet section 117 containing aseparate male inlet 118 and a separate female inlet 119followed by separated chambers J17A and 11733, which inrum arefixedlyattached to a properly alignedfirstdividingelement 3D of the mixer element group 3. A lso this mixer isattached to the cartridge by pressing the mixer onto thecartridge and by rotating the mixer housing 116 about theintegral internal mixer parts comprising separate male inlets118 and 119, the separated chambers U7A an d U 7B and the 4Qmixer element group 3. The mixer element group or partThereof could also be prealigned and be fixedly assembledwithin the mixer housing.The mixer housing 116 is provided with longitudinal ribs8, which end at the larger diameter 120, the two lateral ends 4 Sof which are formed as bayonet lugs 121 and 122, FIG. 33,cooperating with the bayonet retaining means of the car-tridge. The bayonet lugs do not have the same width,bayonet lug 121 being larger.The cartridge 123 has two cylindrical containers 12 4 and 50125 w ith one distanced m ale outlet 126 and one distancedfemale outlet 127 for, respectively,fittingand sealing withinthe separate female inlet 119 and over the separate male inlet118 of the mixer. The cartridge front 128, FIG. 34, isprovided with the same bayonet means 16 as the cartridge of 55FIG. 4, comprising a ring shaped bayonet socket.The embodiments of FIGS. 35-43 show sector-shapedbayonet sockets instead of complete ring-shaped ones. Hiefunction and the attaching of the accessory are the same asin the previous embodiments, so that the three different 60embodiments of the bayonet means are illustrated in onerespective example of mixer and cartridge. It is obvious thatthe sector-shaped bayonet socket and similar means can beprovided on all other embodiments also.FIG. 35 shows a mixer-cartridge assembly with a mixer 65130 comprising a mixer housing 131 with outlet 4 and amixer inlet section 132 containing two separate male inlets

    ,363 B1 10133 and 134 followed by separating chambers 133A and134Awhich in turn arefixedlyattached to a properly alignedfirst dividing element 3D of the mixer element group 3. Alsothis mixer is attached to the cartridge by pressing the mixeronto the cartridge and by rotating the mixer housing 131about the integral internal m ixer parts comprising separatemale inlets 133 and 134, the separated chambers 133A and134A and the mixer element group 3. The mixer elementgroup or part thereof could also be prealigned and be fixedlyassembled within the mixer housing.The mixer housing 131 is provided with longitudinal ribs8, which end at the larger diameter 135, the two lateral endsof which are formed as bayonet lugs 136 and 137, FIG. 37,cooperating with the sector-shaped bayonet sockets 145,146, serving as bayonet retaining means of the cartridge. Thebayonet lugs have the same width and are provided eachwith arib136A and 137A at it's end which both strengtheneach lug and acts as a stop as well as ensuring that the mixercan be turned and attached in o ne direction only. The uppersurface of the lugs may have inclined surface parts so as 10enforce the locking ability by an axial load. Correspondinginclined surface parts may also be located on the corre-sponding surface of the cartridge sector shaped bayonetsockets.The cartridge 138 has two cylindrical containers 139 and140 with two distanced female outlets 141 and 142 forreceiving and sealing over the separate male inlets 133 and134. The cartridge front 143, FIG. 36, is provided withbayonet means comprising sector-shaped bayonet sockets14 5,1 46 which act as prongs and are closed on one side bya rib 145A and 146A which connects to the cartridge endwall so as to stiffen and increase the strength of the bayonetprong. The cutouts 149 and 150 between the sector shapedbayonet sockets allow for the introduction of the mixerbayonet lugs 136 and 137.In this embodiment the bayonet lugs and the sector shapedbayonet sockets have approximately the same width. Thecoding is achieved by other coding means on the mixer andon the cartridge. The cartridgefront143 is provided with aT-shaped protrusion 151 arranged between the two outletsand the mixer inlet face is provided with a similar protrusion15 2 arranged off center