Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 1 of 26
`Receipt number AUSFCC-7617073
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`ANCRA INTERNATIONAL LLC,
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`Plaintiff,
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`v.
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`THE UNITED STATES OF AMERICA,
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`Defendant.
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`22-58 C
`Case No. __________
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`COMPLAINT
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`Plaintiff Ancra International LLC (“Ancra”), through its undersigned counsel, brings this
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`action against the United States (“Defendant” or “Government”) under 28 U.S.C. § 1498(a). In
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`support of this action, Ancra states and alleges as follows:
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`NATURE OF ACTION
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`1.
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`This is an action against the Government pursuant to 28 U.S.C. § 1498(a) for
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`infringement of one or more claims of Ancra’s U.S. Patent Number 8,646,820 (“’820 Patent”),
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`issued February 11, 2014, and U.S. Patent Number 9,394,935 (“’935 Patent”), issued July 19,
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`2016, both entitled “Hook Assembly with Variable Angular Hook Orientation.” Both Patents
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`were duly and legally issued by the United States Patent and Trademark Office (“PTO”) to
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`Ancra. A true and correct copy of the ’820 Patent is attached as Exhibit A hereto, and a true and
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`correct copy of the ’935 Patent is attached as Exhibit B hereto.
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`2.
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`The facts detailed below, when stated to be “upon information and belief,”
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`constitute allegations that are likely to have further evidentiary support after a reasonable
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`opportunity for further investigation or discovery.
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`Receipt number AUSFCC-7617073
`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`ANCRA INTERNATIONAL LLC,
`
`Plaintiff,
`
`v.
`
`THE UNITED STATES OF AMERICA,
`
`Defendant.
`
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`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`22-58 C
`Case No. __________
`
`COMPLAINT
`
`Plaintiff Ancra International LLC (“Ancra”), through its undersigned counsel, brings this
`
`action against the United States (“Defendant” or “Government”) under 28 U.S.C. § 1498(a). In
`
`support of this action, Ancra states and alleges as follows:
`
`NATURE OF ACTION
`
`1.
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`This is an action against the Government pursuant to 28 U.S.C. § 1498(a) for
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`infringement of one or more claims of Ancra’s U.S. Patent Number 8,646,820 (“’820 Patent”),
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`issued February 11, 2014, and U.S. Patent Number 9,394,935 (“’935 Patent”), issued July 19,
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`2016, both entitled “Hook Assembly with Variable Angular Hook Orientation.” Both Patents
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`were duly and legally issued by the United States Patent and Trademark Office (“PTO”) to
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`Ancra. A true and correct copy of the ’820 Patent is attached as Exhibit A hereto, and a true and
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`correct copy of the ’935 Patent is attached as Exhibit B hereto.
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`2.
`
`The facts detailed below, when stated to be “upon information and belief,”
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`constitute allegations that are likely to have further evidentiary support after a reasonable
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`opportunity for further investigation or discovery.
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 2 of 26
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`3.
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`Upon information and belief, the Government, through the Defense Logistics
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`Agency Aviation (“DLA Aviation”) for use by the United States Air Force (“USAF”), has
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`infringed and is infringing one or more of the claims of the ’820 Patent and the ’935 Patent
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`through the use of the inventions of such claims by or for the United States under one or more
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`government contracts.
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`4.
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`Through this action, Ancra seeks recovery of reasonable and entire compensation
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`for the use and manufacture without license from Ancra or lawful right, by and for the
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`Government, of inventions described in and covered by the ’820 Patent and the ’935 Patent.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for unauthorized use of patented inventions under 28 U.S.C. §
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`1498(a). This Court has jurisdiction over the subject matter of this action and venue is proper in
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`this Court pursuant to 28 U.S.C. § 1498(a).
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`PARTIES
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`6.
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`Ancra is a limited liability company organized under the laws of the state of
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`Delaware with its principal place of business at 601 S. Vincent Avenue, Azusa, CA 91702.
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`7.
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`Ancra has had no more than five hundred employees at any time during the five-
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`year period preceding the use of the patented inventions by or for the United States.
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`8.
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`Defendant is the United States, acting through DLA Aviation and the USAF.
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`2
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 3 of 26
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`FACTUAL ALLEGATIONS
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`I.
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`ANCRA IS THE SOLE OWNER OF THE ’820 PATENT AND THE ’935
`PATENT.
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`9.
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`For more than a decade, Ancra has been manufacturing and selling hook
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`assemblies with associated chains and chain tensioners to DLA Aviation for use by the USAF.
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`10.
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`In 2011, in response to a change in USAF specifications in a solicitation that
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`required the hook assemblies to have variable angular hook orientations, Ancra developed a
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`novel solution having a spring-based indexing mechanism that permitted the hook to be rotated
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`between a hook-up orientation and a hook-down orientation (and vice-versa) and locked in
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`place. Figures 24 (hook-up orientation) and 25 (hook-down orientation) of the ’820 Patent and
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`the ’935 Patent are representative:
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`11.
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`Ancra’s versatile hook assemblies, with variable angular hook orientations,
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`beneficially provide users with the option of maintaining at or hauling to/from a usage site a
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`smaller inventory of hook assemblies, as multiple hook assemblies with different, fixed angular
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`hook orientations are no longer necessary. Among other advantages, a smaller inventory of
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`hook assemblies requires less transportation and/or storage space and reduces overall inventory
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`weight, while otherwise maintaining or increasing efficiencies due to the variable hook
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`orientations.
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`12.
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`This new Ancra hook assembly was qualified for use by the USAF in February
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`3
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 4 of 26
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`2014, and DLA Aviation first awarded a contract to Ancra for the purchase of its new hook
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`assembly in July 2014.
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`13.
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`Ancra filed U.S. Provisional Patent Application No. 61/482,321 at the PTO on
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`May 4, 2011 (“’321 application”), and U.S. Provisional Patent Application No. 61/508,779, on
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`July 18, 2011 (“’779 application”).
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`14.
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`Thereafter, Ancra filed U.S. Non-Provisional Patent Application No. 13/460,907
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`at the PTO on May 1, 2012 (“’907 application”), claiming the benefit of the ’321 application
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`and the ’779 application. The ’907 application issued as the ’820 Patent on February 11, 2014.
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`15.
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`Additionally, Ancra filed U.S. Continuation Patent Application No. 14/020,287
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`at the PTO on September 6, 2013 (“’287 application”), claiming priority to the ’907 application,
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`and the benefit of the ’321 application and the ’779 application. The ’287 application issued as
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`the ’935 Patent on July 19, 2016.
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`16.
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`Each of the ’820 Patent and the ’935 Patent is a lawfully issued, valid, and
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`enforceable United States Patent.
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`17.
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`Since the issuance of the ’820 Patent and the ’935 Patent, Ancra has continued to
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`engage in the manufacture and sale of chain tensioners covered by one or more claims of the
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`’820 Patent and the ’935 Patent, including the manufacture and sale of its Aircraft Chain
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`Tensioner, Part No. 50096-10, for DLA Aviation and use by the USAF.
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`II.
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`THE GOVERNMENT BEGAN INFRINGING ANCRA’S PATENTS.
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`18.
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`On information and belief, in April 2017, the USAF approved purchase of hook
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`assemblies of another company, Davis Aircraft Products Co, Inc. (“Davis”).
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`19.
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`On information and belief, Davis is a corporation organized under the laws of
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`the State of New York with its principal place of business at 1150 Walnut Ave, Bohemia, NY,
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`4
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 5 of 26
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`11716.
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`20.
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`Since then, DLA Aviation has repeatedly rejected Ancra’s bids on its contracts
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`for additional hook assemblies with variable angular hook orientations, and on information and
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`belief, has contracted to purchase tens of thousands of units from Davis instead.
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`21.
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`On information and belief, Davis is selling its hook assemblies with variable
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`angular hook orientations to DLA Aviation at prices lower than the prices offered by Ancra to
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`DLA Aviation.
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`22.
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`On information and belief, Davis has been manufacturing, marketing, and selling
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`in the United States several hook assemblies as part of the Davis FDC5723 and FDC853A
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`series chain gear products, including product No. FDC5723M15, illustrated below, to DLA
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`Aviation for use by the USAF.
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`23.
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`On information and belief, Davis’ FDC5723 and FDC853A series chain gear
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`products, and particularly part No. FDC5723M15, directly infringe Ancra’s ’820 Patent and
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`’935 Patent, as illustrated below in paragraphs 27 to 54.
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`24.
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` On July 22, 2020, DLA Aviation issued a new solicitation, SPE4A7-20-R-0818
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`(the “Solicitation”), for the purchase of additional chain tensioner units with the same
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`specifications in prior contracts—i.e., hook assemblies with variable angular hook orientations.
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`25.
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`The Solicitation, similar to other previous DLA Aviation contracts for the same
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`chain tensioner units, contains Federal Acquisition Regulation (“FAR”) 52.227-1
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`“Authorization and Consent,” wherein the Government “authorizes and consents to all use and
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`manufacture, in performing this contract or any subcontract at any tier, of any invention
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`described in and covered by a United States patent . . . Embodied in the structure or
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`composition of any article the delivery of which is accepted by the Government under this
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`5
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 6 of 26
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`contract . . . .”
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`26.
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`The bid submission deadline for the Solicitation closed on December 23, 2021.
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`Ancra has submitted its bid and, upon information and belief, Davis also has submitted a bid.
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`III.
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`INFRINGEMENT OF THE ’820 PATENT.
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`27.
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`The photographs set forth below of an exemplary Davis Chain Gear Assembly
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`(“Exemplary Chain Gear Assembly”), Part No. FDC5723M15, accurately show the features of
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`the assembly.
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`28.
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`The Exemplary Chain Gear Assembly infringes the ’820 Patent literally and /or
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`under the doctrine of equivalents.
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`29.
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`The Exemplary Chain Gear Assembly infringes at least independent claims 1, 6,
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`and 13 of the ’820 Patent.
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`30.
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`Solely by way of example, as shown in the photographs of paragraphs 31 through
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`43 below, some of which are annotated, the Exemplary Chain Gear Assembly meets every
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`limitation recited in claim 1 of the ’820 Patent.
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`6
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 7 of 26
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`31.
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`The Exemplary Chain Gear Assembly is a hook assembly, as recited in the
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`preamble of claim 1 of the ’820 Patent.
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`The Exemplary Chain Gear Assembly includes a hook subassembly comprising a
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`32.
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`hook with a first axis.
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`33.
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`The Exemplary Chain Gear Assembly includes a support subassembly.
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`7
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 8 of 26
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`34.
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`The Exemplary Chain Gear Assembly includes an indexing mechanism
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`comprising cooperating components on the hook and support subassemblies.
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`8
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 9 of 26
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`35.
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`The indexing mechanism releasably biasably maintains the hook and support
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`subassemblies in a first operative relationship wherein the hook has a first angular orientation
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`relative to the support subassembly around the first axis.
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`9
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 10 of 26
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`36.
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`The indexing mechanism permits the hook and support subassemblies to be
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`changed from the first operative relationship to be releasably maintained in a second operative
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`relationship, wherein the hook has a second angular orientation relative to the support
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`subassembly around the first axis.
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`10
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 11 of 26
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`37. More specifically, the limitations of paragraphs 35-36 are realized by relatively
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`moving at least first and second components on the hook subassembly, support subassembly, and
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`indexing mechanism along the first axis against a biasing force produced on at least one of the
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`first and second components with the hook and support subassemblies initially in the first
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`operative relationship to thereby place the hook subassembly, support subassembly, and indexing
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`mechanism into a first transition relationship. This is shown in the figures below.
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`11
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 12 of 26
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`38. With the hook subassembly, support subassembly and indexing mechanism in the
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`first transition relationship shown above, relative turning at least part of the hook and support
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`subassemblies around the first axis thereby places the hook subassembly, support subassembly,
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`and indexing mechanism into a second transition relationship, shown below.
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`12
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 13 of 26
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`39. With the hook subassembly, support subassembly, and indexing mechanism in the
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`second transition relationship, relative moving the at least first and second components along the
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`first axis under the biasing force thereby places the hook and support subassemblies into the
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`second operative relationship.
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`13
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 14 of 26
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`40.
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`The hook subassembly includes an elongate shank and the support subassembly
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`comprises a body.
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`41.
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`The indexing mechanism includes the first component that is movable relative to
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`the elongate shank along the first axis.
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`14
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 15 of 26
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`42.
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`The first component is keyed against turning relative to the body around the first
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`axis, with the second component comprising a portion of the shank, the portion of the shank and
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`first component having keying surfaces that cooperate to prevent the shank and body from
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`turning relative to each other around the first axis with the hook and support subassemblies in
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`each of the first and second operative relationships.
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`15
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 16 of 26
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`43.
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`The body has an elongate slot and the first component is movable relative to the
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`body along the first axis and has a radially projecting arm that is guided in the slot as the first
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`component moves relative to the body along the first axis.
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`16
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 17 of 26
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`IV.
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`INFRINGEMENT OF THE ’935 PATENT.
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`44.
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`The Exemplary Chain Gear Assembly infringes the ’935 Patent literally and/or
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`under the doctrine of equivalents.
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`45.
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`The Exemplary Chain Gear Assembly infringes at least independent claims 1, 9,
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`and 19 of the ’935 Patent.
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`46.
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`Solely by way of example, as shown in the annotated photographs of paragraphs
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`47 through 54 below, the Exemplary Chain Gear Assembly meets every limitation recited in
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`claim 1 of the ’935 Patent.
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`47.
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`The Exemplary Chain Gear Assembly is a hook assembly, as recited in the
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`preamble of claim 1 of the ’935 Patent.
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`48.
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`The Exemplary Chain Gear Assembly includes a hook subassembly comprising a
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`hook with a first axis.
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`17
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 18 of 26
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`49.
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`The Exemplary Chain Gear Assembly includes a support subassembly.
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`18
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 19 of 26
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`50.
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`The Exemplary Chain Gear Assembly includes an indexing mechanism
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`comprising cooperating components on the hook and support subassemblies.
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`51.
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`The hook subassembly includes an elongate shank and the support subassembly
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`includes a body comprising a base.
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`19
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 20 of 26
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`52.
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`The indexing mechanism includes a first component that is movable relative to
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`the elongate shank along the first axis.
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`20
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 21 of 26
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`53.
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`The indexing mechanism includes a second component, the first component
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`keyed against turning relative to the body around the first axis, the second component
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`comprising a portion of the shank, the portion of the shank and first component having keying
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`surfaces that cooperate to prevent the shank and body from turning relative to each other around
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`the first axis with the hook and support subassemblies when the hook is positioned in a first
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`angular relationship with the support subassembly, and when the hook is positioned in a second
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`angular relationship, which is opposite from the first angular relationship.
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`21
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 22 of 26
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`54.
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`The body has an elongate slot and the first component is movable relative to the
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`body along the first axis and has a radially projecting arm that is guided in the slot as the first
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`component moves relative to the body along the first axis.
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`22
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 23 of 26
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`CLAIM FOR RELIEF
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`(Unlicensed Use and Manufacture Under 28 U.S.C. § 1498(a))
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`55.
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`56.
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`Ancra re-alleges and incorporates the foregoing paragraphs.
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`Ancra is the sole owner of the ’820 Patent and the ’935 Patent, including all
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`rights to enforce the patents and collect past and future damages for infringement.
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`57.
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`Upon information and belief, Davis’ FDC5723 and FDC853A series chain gear
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`products, and particularly product No. FDC5723M15, infringe at least independent claims 1, 6,
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`and 13 of the ’820 Patent and independent claims 1, 9, and 19 of the ’935 Patent.
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`58.
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`Upon information and belief, the Government has entered into contracts, and
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`may enter into future contracts, with Davis, who has been and is now manufacturing and selling
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`components and products that practice at least one invention claimed in and covered by the ’820
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`23
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 24 of 26
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`Patent and at least one invention claimed in and covered by the ’935 Patent without license or
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`any other right.
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`59.
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`The Government has expressly or impliedly authorized Davis’ infringing activity
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`with respect to the ’820 Patent and the ’935 Patent.
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`60.
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`Ancra has been, and continues to be, damaged by the Government through its
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`contractors and subcontractors, including Davis, owing to the purchase and use of the Davis
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`infringing products and, pursuant to 28 U.S.C. §1498(a), is entitled to recover reasonable and
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`entire compensation from the Government for all infringing inventions manufactured and used
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`during the relevant time for which Ancra is entitled to collect damages and for subsequent use.
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`61.
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`Ancra also seeks reasonable litigation costs, attorney and expert witness fees,
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`taxable costs, and delay compensation for interest computed from the time payment should
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`have been made for a license to the ’820 Patent and the ’935 Patent.
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`PRAYER FOR RELIEF
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`Ancra requests the following relief:
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`A.
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`Entry of judgement that the ’820 Patent and the ’935 Patent are enforceable and
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`not invalid;
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`B.
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`Entry of judgment that the inventions set forth in the ’820 Patent and the ’935
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`Patent have been manufactured and sold by Davis for purchase and use by and for the United
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`States without license or lawful right within the meaning of 28 U.S.C. §1498(a);
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`C.
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`An award of reasonable and entire compensation for Ancra for all unauthorized
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`manufacture and sale by Davis for purchase and use by and for the United States of the
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`inventions claimed in the ’820 Patent and the ’935 Patent, in an amount to be determined at trial;
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 25 of 26
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`D.
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`An award of reasonable attorneys’ fees, expert fees and other costs incurred by
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`Ancra in connection with its pursuit of this action, pursuant to 28 U.S.C. §1498(a) and as are
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`available under applicable law;
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`E.
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`F.
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`Pre-judgment and post-judgment interest on the damages assessed; and
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`All such other and further relief, both at law and in equity, to which Ancra may be
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`entitled, or as this Court deems proper and just.
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`Respectfully submitted,
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`/s/ Stephen McBrady
`Stephen McBrady
`William H. Frankel
`CROWELL & MORING LLP
`1001 Pennsylvania Avenue, NW
`Washington, DC 20004
`Tel: (202) 624-2500
`Fax: (202) 628-5116
`SMcBrady@crowell.com
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`Counsel for Plaintiff
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`Dated: January 18, 2022
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`OF COUNSEL:
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`Jacob Bachman
`Charles Baek
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`CROWELL & MORING LLP
`1001 Pennsylvania Avenue, NW
`Washington, DC 20004
`Tel: (202) 624-2500
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`Case 1:22-cv-00058-RTH Document 1 Filed 01/18/22 Page 26 of 26
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`CERTIFICATE OF SERVICE
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`I certify that on January 18, 2022, a copy of the forgoing Complaint was filed
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`electronically using the Court’s Electronic Case Filing (ECF) system. I understand that notice of
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`this filing will be served on Defendant’s Counsel via the Court’s ECF system.
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`/s/ Stephen McBrady
`Stephen McBrady
`CROWELL & MORING LLP
`1001 Pennsylvania Avenue, NW
`Washington, DC 20004
`Tel: (202) 624-2500
`Fax: (202) 628-5116
`SMcBrady@crowell.com
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`26
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