Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00051-PPS-CAN: Engineered Solutions LP v. Al-Ko Kober LLC. Filed in U.S. District Court for the Northern District of Indiana, the Hon. Philip P Simon presiding. See http://news.priorsmart.com/-l7xh for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00051-PPS-CAN: Engineered Solutions LP v. Al-Ko Kober LLC. Filed in U.S. District Court for the Northern District of Indiana, the Hon. Philip P Simon presiding. See http://news.priorsmart.com/-l7xh for more info.
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Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00051-PPS-CAN: Engineered Solutions LP v. Al-Ko Kober LLC. Filed in U.S. District Court for the Northern District of Indiana, the Hon. Philip P Simon presiding. See http://news.priorsmart.com/-l7xh for more info.
Direitos autorais:
Public Domain
Formatos disponíveis
Baixe no formato PDF, TXT ou leia online no Scribd
SOUTH BEND DIVISION Engineered Solutions, L.P., an Indiana Limited Partnership, Case Plaintiff, JURY DEMANDED v. AL-KO KOBER, LLC, an Indiana Limited Liability Company, Defendant. COMPLAINT
t:- ::-: .. i ,, ___ __ _ i Plaintiff Engineered Solutions, L.P., by its attorneys, for its Complaint against Defendant AL-KO Kober, LLC, alleges as follows: l. Plaintiff Engineered Solutions, L.P. ("Engineered Solutions") is an Indiana Limited Partnership having a place of business in Mishawaka, Indiana. 2. Plaintiff is in the business of manufacturing and selling above-floor and other slide-out actuating mechanisms for recreational vehicles (RV). Above-floor slide-out actuating mechanisms mount a modular room or other section to an RV house with the mechanism above the floor of the house and are operated to extend and retract the slide-out section. 3. AL-KO Kober, LLC ("AL-KO") is, upon information and belief, an Indiana limited liability company, with a place of business in Elkhart, Indiana. 4. Upon information and belief, AL-KO is in the business of, among other things, making and selling above-floor slide-out actuating mechanisms for RV's. 5. This is an action for infringement of U.S. Patent No. 6,681,531 ("the '531 Patent") which issued on January 27, 2004. This action arises under 35 U.S.C. 271, 281, 283, 284 and 285. 6. Engineered Solutions is the owner by assignment of the '531 Patent. A copy of the '531 Patent is attached hereto as Exhibit A. 7. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 8. Venue in this Court is proper in this district pursuant to 28 U.S.C. 1400(b) and 1391(c). 9. AL-KO makes, uses, sells and offers for sale above-floor slide-out actuating mechanisms in this judicial district. COUNT I DIRECT INFRINGEMENT 10. Paragraphs 1-9 are incorporated herein by reference. 11. AL-KO's above-floor slide-out actuating mechanisms have infringed and continue to infringe at least claims 1 and 2 of the '531 Patent. Discovery will be needed to determine infringement of the other claims. 12. Plaintiff has been and continues to be damaged by AL-KO's infringement in an amount to be proven at trial, and is entitled to a recovery of its damages, which include but are not limited to, lost profits, a reasonable royalty under 35 U.S.C. 284 and damages under 35 U.S.C. 284. 2 13. AL-KO's infringement has also caused and continues to cause irreparable harm to Plaintiff, which is entitled to injunctive relief under 35 U.S.C. 283. COUNT II CONTRIBUTORY INFRINGEMENT 14. Paragraphs 1-14 are incorporated herein by reference. 15. AL-KO's above-floor slide-out actuating mechanisms are specially adapted, made, offered and sold by Defendant for use in an infringement of at least claims 1 and 2 of the '531 Patent, are a material part of the invention covered by the '531 Patent and have no substantial noninfringing uses, and are not staple articles or commodities of commerce. These actions have caused and continue to cause Plaintiff damages and irreparable harm. COUNT III INDUCING INFRINGEMENT 16. Paragraphs 1-16 are incorporated herein by reference. 17. The offering, sale and use of AL-KO's above-floor slide-out actuating mechanisms by its customers and end users constitutes a direct infringement of at least claims 1 and 2 of the '531 Patent by such customers and end users. 18. AL-KO has designed its above-floor slide-out actuating mechanisms for sale and use by its customers and end users in an infringing manner, AL-KO has promoted such infringing sale and use by its customers and end users, and AL-KO has induced its customers and end users thereby to infringe the '531 Patent. These actions have caused and continue to cause Plaintiff damages and irreparable harm. 3 COUNT IV EXCEPTIONAL CASE 19. Paragraphs 1-18 are incorporated herein by reference. 20. It is likely that AL-KO is aware of the '531 Patent and notwithstanding such awareness, AL-KO continues willfully and wantonly to infringe the '531 Patent, and this is an exceptional case within the provisions of 35 U.S.C. 285. WHEREFORE, Plaintiff Engineered Solutions prays that judgment be entered in its favor and against Defendant AL-KO as follows: A. Adjudging that the Defendant has infringed, induced others to infringe, and contributorily infringed U.S. Patent No. 6,681,531. B. Adjudging that Defendant's acts of infringement were willful and that this is an exceptional case. C. Awarding Plaintiff its damages, including lost profits and all reasonable royalties, and prejudgment interest from the date of the first act of infringement. D. Awarding Plaintiff treble damages for Defendant's willful and deliberate patent infringement. E. Permanently enjoining AL-KO, its agents, servants, employees, successors and assigns, and all others acting in concert with AL-KO, feom infringing U.S. Patent No. 6,681,531 and restraining AL-KO from making, using, offering to sell or selling the infringing above-floor slide-out actuating mechanisms or substantially similar devices. F. Awarding Plaintiff its costs and attorneys' fees incurred in this action. G. Such other relief as the Court may deem appropriate. 4 JURY DEMAND Plaintiff hereby requests a jury trial of all Issues so triable in the above- captioned case. Dated: January 25, 2013. Scott A. Loitz (187 " Attorney for PI tiff JONES OBENCHAIN, LLP 600 KeyBank Building 202 South Michigan Street Post Office Box 4577 South Bend, Indiana 46634-4577 Telephone: (574) 233-1194 Facsimile: (574) 233-8957 E-Mail: sloitz@jonesobenchain.com 5