Case: 1:14-cv-00779 Document #: 1 Filed: 02/04/14 Page 1 of 6 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DYSON, INC. and DYSON TECHNOLOGY LIMITED, Plaintiffs, v. EURO-PRO OPERATING LLC and EURO-PRO SALES COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs Dyson, Inc. and Dyson Technology Limited (collectively, Dyson) file this Complaint for Patent Infringement against Defendants Euro-Pro Operating LLC and Euro-Pro Sales Company (collectively, Euro-Pro), hereby demand a jury trial, and allege as follows: NATURE OF THE ACTION 1. This is a civil action for infringement. This action is based upon the patent laws of

the United States, 35 U.S.C. 1 et seq. THE PARTIES 2. Plaintiff Dyson, Inc. is an Illinois corporation with its principal place of business

in Chicago, Illinois. 3. Plaintiff Dyson Technology Limited is a private limited company organized and

existing under the laws of England and Wales, with its principal place of business in Malmesbury, United Kingdom.

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4.

On information and belief Defendant Euro-Pro Operating LLC is a limited

liability company organized under the laws of the state of Delaware with an office and principal place of business located at 180 Wells Avenue, Newton, Massachusetts 02459. 5. On information and belief Defendant Euro-Pro Sales Company is a corporation

organized under the laws of the state of Delaware with an office and principal place of business located at 180 Wells Avenue, Newton, Massachusetts 02459. JURISDICTION AND VENUE 6. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 1338(a). 7. This Court has personal jurisdiction over Euro-Pro because Euro-Pro has

conducted and is conducting substantial business in this Judicial District, both generally and with respect to the allegations in this Complaint, and Euro-Pro has committed one or more acts of infringement in this District. 8. Venue is proper in this District under 28 U.S.C. 1391(b)(c) and 1400(b)

because Euro-Pro has regularly conducted business in this District and has committed, and is continuing to commit, acts of patent infringement in this District by making, using, importing, selling, or offering to sell vacuum cleaners, accessories, and parts that infringe Dysons patents. THE PATENTS 9. On September 25, 2012, United States Patent No. D668,010 (the 010 patent),

entitled VACUUM CLEANER (Exhibit A), duly and legally issued. 10. Dyson Technology Limited owns all rights, title, and interest in and to the 010

patent and has the right to sue and recover for past, present, and future infringement.

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11.

Under a license to the 010 patent from Dyson Technology Limited, Dyson, Inc.

sells and distributes Dyson vacuum cleaners, accessories, and parts in the United States. 12. On October 9, 2012, United States Patent No. D668,823 (the 823 patent),

entitled VACUUM CLEANER (Exhibit B), duly and legally issued. 13. Dyson Technology Limited owns all rights, title, and interest in and to the 823

patent and has the right to sue and recover for past, present, and future infringement. 14. Under a license to the 823 patent from Dyson Technology Limited, Dyson, Inc.

sells and distributes Dyson vacuum cleaners, accessories, and parts in the United States. COUNT I - INFRINGEMENT OF THE 010 PATENT 15. herein. 16. Euro-Pro has manufactured, used, imported, offered for sale, or sold vacuum Paragraphs 1 through 14 are incorporated by reference as though fully stated

cleaners, accessories, and parts, including at least the Shark Rocket and its accessories and parts, that directly or indirectly infringe, either literally or under the doctrine of equivalents, at least the claim of the 010 patent in violation of 35 U.S.C. 271. 17. Euro-Pros infringement has damaged and continues to damage and injure Dyson.

The injury to Dyson is irreparable and will continue unless and until Euro-Pro is enjoined from further infringement. 18. Euro-Pro has engaged and is engaging in willful and deliberate infringement of

the 010 patent. Such willful and deliberate infringement justifies an increase of three times the damages to be assessed pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.

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COUNT II - INFRINGEMENT OF THE 823 PATENT 19. herein. 20. Euro-Pro has manufactured, used, imported, offered for sale, or sold vacuum Paragraphs 1 through 18 are incorporated by reference as though fully stated

cleaners, accessories, and parts, including at least the Shark Rocket and its accessories and parts, that directly or indirectly infringe, either literally or under the doctrine of equivalents, at least the claim of the 823 patent in violation of 35 U.S.C. 271. 21. Euro-Pros infringement has damaged and continues to damage and injure Dyson.

The injury to Dyson is irreparable and will continue unless and until Euro-Pro is enjoined from further infringement. 22. Euro-Pro has engaged and is engaging in willful and deliberate infringement of

the 823 patent. Such willful and deliberate infringement justifies an increase of three times the damages to be assessed pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285. PRAYER FOR RELIEF WHEREFORE, Plaintiff Dyson prays that this Court: A. Enter a judgment that Euro-Pro has infringed, actively induced others to infringe,

and/or contributorily infringed the 010 and 823 patents; B. Award Dyson damages in an amount sufficient to compensate Dyson for Euro-

Pros infringement, active inducement of others infringement, and/or contributory infringement of the 010 and 823 patents, but not less than a reasonable royalty; C. Award Dyson prejudgment interest pursuant to 35 U.S.C. 284.

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D.

Award Dyson the total profits from Euro-Pros infringing sales pursuant to 35

U.S.C. 289, by reason of Euro-Pros infringement of the 010 and 823 patents. E. Award Dyson increased damages pursuant to 35 U.S.C. 284, in an amount not

less than three times the amount of actual damages awarded to Dyson, by reason of Euro-Pros willful infringement of the 010 and 823 patents; F. Enter a permanent injunction enjoining Euro-Pro, its officers, directors, servants,

managers, employees, agents, attorneys, successors and assignees, and all persons in active concert or participation with any of them, from further acts of infringement of the 010 and 823 patents, pursuant to 35 U.S.C. 283; G. Declare this case exceptional under 35 U.S.C. 285 and award Dyson its

reasonable attorneys fees, expenses, and costs incurred in prosecuting this action; and H. Grant Dyson such other and further relief as this Court may deem just and proper. JURY DEMAND Dyson hereby demands a jury trial on all issues appropriately triable by a jury.

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Dated: February 4, 2014

Respectfully submitted,

/s/ David K. Callahan David K. Callahan, P.C. (6206671) dcallahan@kirkland.com Ann Marie T. Wahls (6275778) awahls@kirkland.com Ian J. Block (6299117) iblock@kirkland.com KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200

Counsel for Plaintiffs Dyson, Inc. & Dyson Technology Limited

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Exhibit A

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USO0D668010S

(12) United States Design Patent (10) Patent No.:

Stickney et a].
(54) VACUUM CLEANER

US D668,010 S
*1, Sep. 25, 2012
Follows et al. ............... .. l5/347 Fjellman .......... .. D32/22

(45) Date of Patent:

7,874,040 B2* D635,728 S * l/20ll 4/20ll

(75) Inventors: Timothy Nicholas Stickney, Malmesbury (GB); Peter David Gammack, Malmesbury (GB); James

2009/0ll3663 Al*

5/2009 Follows et al.

l5/347

2010/0229321 Al*
20ll/02l957l Al*

9/2010 Dyson etal.

9/20ll

l5/344

Dyson etal. .................. .. l5/344

Dyson, Malmesbury (GB)

(73) Assignee: Dyson Limited, Malmesbury, Wiltshire

OTHER PUBLICATIONS
Stickney et al., US. Of?ce Action mailed Feb. 8, 2012, directed to US. Appl. No. 29/384,862; 8 pages. Stickney et al., US. Of?ce Action mailed Feb. 8, 2012, directed to US. Appl. No. 29/384,857; 6 pages. Stickney et al., US. Of?ce Action mailed Feb. 9, 2012, directed to US. Appl. No. 29/384,858; 5 pages.

(GB)
(**) Term: 14 Years

(21) Appl.No.: 29/385,064

(22) Filed: Feb. 8, 2011

* cited by examiner
Primary Examiner * Ruth McInroy (74) Attorney, Agent, or Firm * Morrison & Foerster LLP

(30)
(51)
(52)

Foreign Application Priority Data

(ER) ....................... .. 001231708-0001
................................................ .. 15-05 LOC (9) Cl.

(57)
shoWn and described.

CLAIM

Aug. 27, 2010

We claim the ornamental design for a vacuum cleaner, as

US. Cl. ...................................................... .. D32/18

DESCRIPTION
FIG. 1 is a perspective vieW of a vacuum cleaner showing our

(58)

Field of Classi?cation Search ................. .. D32/3l,

D32/34, 22, 18,21; l5/347, 353, 320, 329,

l5/344; 55/320, 337, DIG. 3, 429, 345, 459.1 See application ?le for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
D348,548 S * 7/1994 Pino ............................. .. D32/l8

neW design; FIG. 2 is a plan vieW thereof from above; FIG. 3 is a plan vieW thereof from beloW; FIG. 4 is a side vieW thereof; FIG. 5 is a side vieW from the side opposite that of FIG. 4; FIG. 6 is a front vieW thereof; and,
FIG. 7 is a rear vieW thereof.

D577,l63 S
D587,4l5 S

*
*

9/2008 Dyson et a1. .

2/2009

D32/2l

Dyson et a1. ................. .. D32/3l

1 Claim, 6 Drawing Sheets

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US. Patent

Sep. 25, 2012

Sheet 1 of6

US D668,010 S

PEG. 1

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US. Patent

Sep. 25, 2012

Sheet 2 of6

US D668,010 S

1 1

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US. Patent

Sep. 25, 2012

Sheet 3 of6

US D668,010 S

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US. Patent

Sep. 25, 2012

Sheet 4 of6

US D668,010 S

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US. Patent

Sep. 25, 2012

Sheet 5 of6

US D668,010 S

PEG. 5

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US. Patent

Sep. 25, 2012

Sheet 6 of6

US D668,010 S

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Exhibit B

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