Complaint-Lippert v Actuant

8/2/2019 Complaint-Lippert v Actuant

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UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISIONLIPPERT COMPONENTSMANUFACTURING, INC.,

Plaintiff,v.

ACTUANT CORPORAnON, VERSATECHNOLOGIES, INC. andENGINEERED SOLUTIONS, L.P.,Defendants.

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Plaintiff, LIPPERT COMPONENTS MANUFACTURING, INC. ("Lippert") for itsComplaint against Defendants, ACTUANT CORPORATION ("Actuant"), VERSATECHNOLOGIES, INC. ("Versa") and ENGINEERED SOLUTIONS, L.P. "EngineeredSolutions") (Actuant, Versa and Engineered Solutions collectively referred to as "Defendants"),alleges and states:

PARTIES, JURISDICTION AND VENUE1. Lippert is a Delaware corporation, having a principal place of business in Goshen,

Elkhart County, Indiana.2. On information and belief, Actuant is a Wisconsin corporation having a principal

place of business in Menomonee Falls, Wisconsin.3. On information and belief, Versa is a Delaware corporation having a place of

business in Milwaukee, Wisconsin.4. On information and belief, Engineered Solutions is an Indiana limited partnership

having a principal place of business in Milwaukee, Wisconsin. Versa is the sole partner of

case 3:12-cv-00109-PPS-CAN document 1 filed 03/01/12 page 1 of 6Provided by:Overhauser Law Offices LLCwww.iniplaw.org

www.overhauser.com
mailto:[email protected]:[email protected]://www.iniplaw.org/http://www.iniplaw.org/http://www.overhauser.com/http://www.overhauser.com/http://www.overhauser.com/http://www.iniplaw.org/mailto:[email protected]


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Engineered Solutions.5. On information and belief, Versa and Engineered Solutions are subsidiary entities

of Actuant, and do business in Mishawaka, Indiana under the name Power Gear.6. Power Gear's website (\Vww.powergearus.com) identifies its business address as

1217 E. 7th Street, Mishawaka, Indiana 46544.7. This is a complaint for patent infringement pursuant to 35 U.S.C. 271 et seq.

This court has subject matter jurisdiction over Lippert's claims pursuant to 28 U.S.C. 1331(federal question) and 1338 (patent).

8. The Defendants are doing business within this judicial district, subjecting them tojurisdiction within the judicial district and making venue proper in this district pursuant to 28U.S.C. 1391 and 1400.

LIPPERT'S PATENT9. On September 13, 2011, United States Patent No. 8,016,343 ("the '343 Patent")

entitled "Retractable Room Actuation Assembly for Recreational Vehicle," for use inextending/retracting recreational vehicle slide-out compartments, was duly and legally issued.A true and COlTect copy is attached hereto as Exhibit A.

10. Lippert is the assignee of all right, title, and interest in and to the '343 Patent.DEFENDANTS' INFRINGEMENT

11. The Defendants displayed their so-called "In-Wall Slide" retractable roomactuation assembly for use in extendinglretracting recreational vehicle slide-out compartments atthe 48 th National RV Tradeshow in Louisville, Kentucky, November 30 - December 2, 2010.Following that show, Lippert notified Defendants of Lippert's pending application for the '343Patent in December, 2010. The application for the '343 Patent then was published by the United

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States Patent and Trademark Office on February 3, 2011.12. The '343 Patent issued on September 13,2011. Upon information and belief, the

Defendants learned of issuance of the '343 patent on, or shortly after, its issue date.Notwithstanding knowledge of the '343 Patent and Lippeli's prior notification in December,2010, Defendants displayed an installed "In-Wall Slide" retractable room actuation assembly foruse in extendinglretracting a recreational vehicle slide-out compartment at the 49 th National RVTradeshow held in Louisville, Kentucky, November 29 - December 1, 2011. Lippert againnotified Defendants of the issued '343 Patent in January 2012.

13. Defendants, in contravention of their knowledge of Lippert's rights in the '343Patent, have been and still are infringing the '343 Patent by making, selling, using or offering tosell devices embodying the patented inventions, or inducing or contributing to the infringementby others of the '343 Patent, and will continue to do so unless enjoined by this Court.

14. Defendants, in contravention of their knowledge of Lippert's rights in the '343Patent, have been, and still are, infringing at least claim 1 of Lippert's '343 Patent by importing,making, selling, using, or offering to sell devices embodying the patented inventions, such as inDefendants' so-called "In Wall Slide" retractable room actuation assembly products.

15. Defendants, in contravention of their knowledge of Lippert's rights in the '343Patent, are inducing andlor contributing to the infringement by others of the '343 Patent,including at least claim 1, by selling or offering to sell to third parties, with the intent to induceinfringement, devices embodying the patented inventions, such as in Defendants' so-called "InWall Slide" retractable room actuation assembly products.

16. Defendants, in contravention of their knowledge of Lippert's rights in the '343Patent, have induced and contributed to other's use of the claimed inventions of the '343 Patent,

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including at least DRV LLC, by selling to others and instructing others to use Defendants' socalled "In Wall Slide" for manufacture of mobile living quarters having a retractable/expandableliving space. Defendants' so-called "In Wall Slide" retractable room actuation assemblyproducts have no substantial non-infringing uses, and are designed specifically for retractableroom actuation for the recreational vehicle industry.

THE HARM TO LIPPERT

17. Defendants, by their infringing conduct, including their contributory infringementand their inducing infringement by others, have caused Lippert irreparable harm for which thereis no adequate remedy at law.

18. Defendants have engaged in their conduct willfully and in complete disregard of,or with indifference to, Lippert's rights and interests.

19. Lippert has suffered damage as a result of defendant's infringement to date.20. This is an exceptional case as that term is defined in 35 U.S.C. 285.WHEREFORE, Lippert prays that this Court:A. Preliminarily and pelmanently enjoin defendants and their officers, agents,

servants, employees and attorneys and those in active concert or participation with them, whoreceive actual notice of the Order, from importing, marketing, manufacturing, using, sellingand/or offering for sale, or contributing to or inducing others to make, use, sell or offer for saledevices which infringe the '343 Patent.

B. Require Defendants to account for and pay over to Plaintiff all damages sustainedby Plaintiff and all profits realized by Defendants by reason of their unlawful acts.

C. Award Lippert monetary damages adequate to compensate Lippert for pastinfringement consistent with 35 U.S.C. 284, up to and including treble the amount of actual

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damages assessed, together with costs and prejudgment interest.D. Award Lippert its reasonable attorneys' fees pursuant to 35 U.S.C. 285.E. Order Defendants to provide notice to Defendants' customers of the accused

systems of Defendants' unlawful acts.F. Grant and award any and all relief to Lippert found necessary and proper under

these circumstances.JURY DEMAND

Lippert requests a trial by jury on its claims.

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CHDS01740567vl

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One N. Wacker Drive, Suite 4400Chicago, IL 60606(312) 357-1313Joseph R. Fullenkamp600 1st Source Bank Center100 North MichiganSouth Bend, Indiana 46601(574) 237-1269Attorneys for PlaintiffLippeli Components Manufacturing, Inc.

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Documents

Complaint-Lippert v Actuant