US-based packaging system maker N2 Packaging Systems has filed a lawsuit against its Canadian entity over patented nitrogen-based packaging processes infringement.
The company has said that N2 Pack Canada infringed on its patented packaging processes in the US and Canada.
Filed in the Superior Court of Arizona, Maricopa County, the lawsuit also named N2 Pack Canada’s principals Eric Marciniak, Brendan Pogue and Alex Abellan in the theft.
N2 Canada defendants are alleged to be engaged in conspiracy with third-party companies and individuals to exploit N2 Packaging’s Intellectual Property.
The complaint read: “The conspirators engaged in the scheme to usurp N2 Packaging’s business opportunities in Arizona, the US and elsewhere, as well as to exploit N2 Packaging’s Intellectual Property, Proprietary Process and publicity and goodwill regarding the same, for the conspirator’s pecuniary gain, without the need to expend the significant resources that was required of N2 Packaging to design, develop and patent N2 Packaging’s Intellectual Property.”
The lawsuit also alleges that the defendants established a Canadian company named Nitrotin with other third parties to sell N2 Packaging’s processes as their own.
They have also reached the US company’s customers as N2 Packaging and created a mirror image of its website.
N2 Packaging CEO Scott Martin said: “We will take any and all steps necessary to protect our intellectual property and proprietary packaging processes.”
The American packaging firm also wants the court to order injunctive relief to stop the N2 Canada Defendants from misappropriating and infringing its patented packaging processes, and for monetary damages from the infringement.