UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

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

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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.
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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.
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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.
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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
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