N2 Packaging Systems, LLC files lawsuit in Maricopa County, Arizona to prevent unauthorized use of intellectual property.
SCOTTSDALE, Ariz., April 1, 2019 /CNW/ -- N2 Packaging Systems, LLC ("N2 Packaging") recently filed a lawsuit against the Canadian entity N2 Pack Canada, Inc., and its principals Eric Marciniak, Brendan Pogue and Alex Abellan for intellectual property theft on N2 Packaging's patented packaging processes.
N2 Packaging is the sole and exclusive patent holder and provider of its proprietary nitrogen-based packaging systems, which provides a unique process of packaging controlled substances in a hermetically sealed container.
According to N2 Packaging's complaint, the N2 Canada Defendants conspired and engaged in a nefarious scheme with third-party companies and individuals to defraud N2 Packaging, as well as misappropriate and infringe upon N2 Packaging's patented nitrogen-based packaging processes in the United States and Canada without N2 Packaging's knowledge or consent.
Specifically, the complaint charged that:
The Conspirators engaged in the Scheme to usurp N2 Packaging's business opportunities in Arizona, the United States 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 N2 Packaging Complaint further alleges that the N2 Canada Defendants and other third parties started a Canadian company named Nitrotin, Inc. to market and sell N2 Packaging's patented nitrogen-based packaging processes as their own. In doing so, the N2 Canada Defendants have allegedly reached out to N2 Packaging's customers under the guise of N2 Packaging and created a "copy-cat" website that looks exactly like N2 Packaging's website.
"We will take any and all steps necessary to protect our intellectual property and proprietary packaging processes." – Scott Martin, Chief Executive Officer of N2 Packaging.
N2 Packaging filed its complaint on February 22, 2019, in the Superior Court of Arizona, Maricopa County, and alleged counts for breach of contract, breach of implied covenant of good faith and fair dealing, alter ego, infringement of patent, inducement of patent infringement abroad, violation of the Lanham Act, and violation of Arizona's Unlawful Practices statute.
N2 Packaging is also seeking a judgment ordering injunctive relief to stop the N2 Canada Defendants from misappropriating and infringing upon N2 Packaging's patented packaging processes, and for monetary damages from the infringement.
N2 Packaging invites those who have been contacted by the N2 Canada Defendants, Nitrotin or anyone else outside of N2 Packaging about N2 Packaging's patented packaging processes to reach out to its representatives.
N2 Packaging Systems is an Arizona-based packaging company that offers innovative packaging solutions for the cannabis industry. N2's patented process is cornerstone to their mission of collaborating with licensed, reputable businesses to provide a packaging solution that consistently delivers high quality product through a compliant, sustainable process. N2's emphasis on quality control, product preservation, and compliance provides a superior packaging option that meets the needs of cultivators, regulators and consumers.