Leading Worldwide Manufacturer Of Pouch Beverage Delivery Systems Sues For Patent Infringement And Theft Of Trade Secrets

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Jun 11, 2015, 05:25 ET

NEW YORK, June 11, 2015 /PRNewswire/ -- INDAG GmbH, located in Eppelheim, Germany ("Indag") and its subsidiary, Wild Parma S.r.L., located in Collechio, Italy ("Wild Parma"), the leading worldwide manufacturers and developers of beverage pouch making and filling systems, has filed suit in the United States District Court for the Northern District of Illinois alleging that several affiliated US and Italian companies are offering for sale and selling pouch making and filling technology that incorporates technology that has been stolen by one or more former employees of Wild Parma and that further infringes one of the patents held by Indag.

The Complaint alleges, with particularity, that a former engineer of Wild Parma, Filippo Furlotti, copied numerous files including proprietary drawings, schematics and vendor information to an external drive from his laptop computer prior to departing Wild Parma. The Complaint alleges that he further attempted to use wiping technology to cover up this unauthorized transfer of information. The Complaint names as Defendants Mr. Furlotti's new employer, FillShape S.r.L. ("FillShape"), its parent corporation, IMA S.p.A., which are both Italian companies, and the three U.S. companies through which FillShape is offering for sale and selling infringing machinery, namely, IMA North America, Inc., IMA Industries, Inc., and IMA Industries North America, Inc.

The Complaint discusses how FillShape only became an active company after Mr. Furlotti left the employment of Wild Parma and joined FillShape. The Complaint further discusses that FillShape was offering for sale a competing product within weeks of Mr. Furlotti's joining FillShape—a machine that usually takes years to develop and commercialize. The Complaint states, with particularity, that certain infringing and/or misappropriated sections of the systems that have been misappropriated by Defendants by hiring Wild Parma's former head engineer are being offered for sale by the Defendants at a recent trade show in Chicago, Illinois.

Christian Schmitt, Director of Finance at Indag, stated that when Indag learned that Mr. Furlotti had transferred over 25,000 files to an external drive without authorization shortly before he left the company based on a forensic examination of Mr. Furlotti's laptop, Indag had no choice to bring this litigation to protect its business in the United States.

A product made worldwide on Indag's machinery is the CAPRI SUN fruit drinks, which are made, sold and distributed by Capri Sun, Inc. in the United States.

Indag and Wild Parma are represented by Steven B. Pokotilow and Binni N. Shah of Stroock and Stroock and Lavan, LLP in New York City, NY and by Andrew D. Campbell of Novack and Macey LLP in Chicago, Illinois.

SOURCE Stroock & Stroock & Lavan LLP