Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 1 of 21 PageID #: 1
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 1 of 21 Page|D #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`) I
`)
`
`) )
`
`) C.A. No.
`)
`)
`)
`
`JURY TRIAL DEMANDED
`
`) )
`
`)
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC. d/b/a SAVER
`AUTOMOTIVE PRODUCTS, INC. and
`AP1 KOREA cO., LTD.,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff Robert Bosch LLC (“Plaintiff”), through its attorneys, for its first complaint
`
`against defendants Alberee Products, Inc. d/b/a Saver Automotive Products, Inc. (“Saver”) and
`
`API Korea Co., Ltd. (“API”) (collectively, “Defendants”), avers as follows:
`
`1.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code (for example, §§ 271, 281, 283, 284 and 285) as hereinafter more fully
`
`appears. This Court has jurisdiction over the subject matter of the action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338.
`
`DEFENDANTS
`
`2.
`
`On information and belief, Saver is a corporation organized under the laws of the
`
`state of Maryland with a place of business at 510 E. Preston Street, Baltimore, Maryland.
`
`3.
`
`On information and belief, API is a corporation organized under the laws of
`
`Korea with a place of business at 45B-4L, #43 5-3, Nonhyeon-Dong NamDong-Gu lncheon,
`
`Korea, 405-848.
`
`4.
`
`I
`
`On information and belief, Saver and API are related companies.
`
`
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 1 of 21 Page|D #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`) I
`)
`
`) )
`
`) C.A. No.
`)
`)
`)
`
`JURY TRIAL DEMANDED
`
`) )
`
`)
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC. d/b/a SAVER
`AUTOMOTIVE PRODUCTS, INC. and
`AP1 KOREA cO., LTD.,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff Robert Bosch LLC (“Plaintiff”), through its attorneys, for its first complaint
`
`against defendants Alberee Products, Inc. d/b/a Saver Automotive Products, Inc. (“Saver”) and
`
`API Korea Co., Ltd. (“API”) (collectively, “Defendants”), avers as follows:
`
`1.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code (for example, §§ 271, 281, 283, 284 and 285) as hereinafter more fully
`
`appears. This Court has jurisdiction over the subject matter of the action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338.
`
`DEFENDANTS
`
`2.
`
`On information and belief, Saver is a corporation organized under the laws of the
`
`state of Maryland with a place of business at 510 E. Preston Street, Baltimore, Maryland.
`
`3.
`
`On information and belief, API is a corporation organized under the laws of
`
`Korea with a place of business at 45B-4L, #43 5-3, Nonhyeon-Dong NamDong-Gu lncheon,
`
`Korea, 405-848.
`
`4.
`
`I
`
`On information and belief, Saver and API are related companies.
`
`
`
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 2 of 21 PageID #: 2
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`COUNT ONE — INFRINGEMENT OF U.S. PATENT _NO. 6,523,218
`
`5.
`
`On February 25, 2003, United States Patent No. 6,523,218 (“the ’21 8 patent,”
`
`attached as Exhibit A) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’21 8 patent.
`
`6.
`
`Saver has infringed and is still infringing the ’2l 8 patent directly and indirectly by
`
`making, using, selling, and offering for sale in the United States windshield wiper blades such as
`
`the Goodyear Assurance, the Saver Arc Flex Ultra, and the Touring Ultra (the “Accused
`
`Products”), and will continue to do so unless enjoined by this Court.
`
`7.
`
`Saver has had knowledge that the Accused Products infringe the ’21 8 patent since
`
`at least January 26, 2011 from a letter sent from Bosch counsel to Saver counsel (Exhibit M).
`
`8.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`9.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’218 patent.
`
`10.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`11.
`
`API has had knowledge that the Accused Products infringe the ’21 8 patent since
`
`at least October 11, 2011 from a letter sent from Bosch counsel to API counsel (Exhibit N).
`
`12.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale the Accused Products
`
`in the United States with the intent that such activities would infringe the ’21 8 patent, and
`
`intended for Saver to carry out such activities.
`
`
`
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`13.
`
`API therefore both induces Saver’s infringement of the ’2l 8 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`- 14.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’218 patent, Plaintiff will suffer
`
`irreparable harm.
`
`15.
`
`Defendants have knowledge of the ’218 patent and such infringement is and
`
`continues to be willful and deliberate.
`
`16.
`
`As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT TWO — INFRINGEMENT OF U.S. PATENT NO. 6,530,111
`
`17.
`
`On March 11, 2003, United States Patent No. 6,530,111 (“the ’111'patent,”
`
`attached as Exhibit B) was duly and legally issued for an invention in a windshield wiper
`
`apparatus. Plaintiff is the owner of the ‘H1 patent.
`
`18.
`
`Saver has infringed and is still infringing the ’11l patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`to do so unless enjoined by this Court.
`
`19.
`
`Saver has had knowledge of the ’ 1 11 patent since at least January 26, 2011
`
`(Exhibit M).
`
`20.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`21.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’1l1 patent.
`
`
`
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`
`22.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`23.
`
`API has had knowledge of the ’11l patent since at least October 11, 2011 (Exhibit
`
`N).
`
`24.
`
`Defendants have knowledge of the ’ l 11 patent and that combining the Accused
`
`Products with “top lock” (or “pinch ta ”) wiper arms is a direct infringement of the ’ 1 11 patent.
`
`25.
`
`On information and belief, Saver contributes to and induces infringement of the
`
`’111 patent by advertising the infringing use in its promotional materials, and by including
`
`installation instructions with the Accused Products that show the ultimate purchasers of the
`
`Accused Products how to install the same on a “top lock” Wiper arm. Such infringement is and
`
`continues to be willful and deliberate.
`
`26.
`
`On information and belief, Saver made and continues to make such
`
`advertisements and provide instructions with the knowledge that use of the Accused Products
`
`with a “top lock” wiper arm infringes the ’ll1 patent and the intent to cause such infringement.
`
`27.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale the Accused Products
`
`in the United States with the intent that the ultimate use of the Accused Products would infringe
`
`the P’ 1 11 patent, and intended for Saver to carry out such activities and for purchasers of the
`
`Accused Products to combine the same with a top lock wiper arm.
`
`28.
`
`The Accused Products fonn a material part of the claimed invention of the ’11l
`
`patent.
`
`29.
`
`The Accused Products include adapters that are intended to be used with a “top
`
`lock” wiper arm and are configured to do so.
`
`
`
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`
`30.
`
`The Accused Products with the associated “top lock” connector are not staple
`
`articles or commodities of commerce and have no non-infringing uses.
`
`31.
`
`Defendants therefore both induce the Accused Products’ ultimate purchasers’
`
`infringement of the ’111 patent and contribute to the same, and will continue to do so unless
`
`enjoined by this Court.
`
`32.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’ 1 11 patent, Plaintiff will suffer
`
`irreparable harm.
`
`33.
`
`Defendants have knowledge of the ’1 11 patent and such infringement is and
`
`continues to be willful and deliberate.
`
`34.
`
`As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT THREE — INFRINGEMENT OF U.S. PATENT NO. 6,553,607
`
`35.
`On April 29, 2003, United States Patent No. 6,553,607 (“the ’607 patent,”
`attached as Exhibit C) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’607 patent.
`
`36.
`
`Saver has infringed and is still infringing the ’607 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`37.
`
`Saver has had knowledge that the Accused Products infringe the ’607 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`
`
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`
`38.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`39.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’607 patent.
`
`40.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`41.
`
`API has had knowledge of the ’607 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`42.
`
`Defendants have knowledge of the ’607 patent and that combining the Accused
`
`Products with “side lock” (alternatively referred to as “side pin”) wiper arms is a direct
`
`infringement of the ’607 patent.
`
`43.
`
`On information and belief, Saver contributes to and induces infringement of the
`
`’607 patent by advertising the infringing use in its promotional materials, and by including
`
`installation instructions with the Accused Products that show the ultimate purchasers of the
`
`Accused Products how to install the same on a “side lock” wiper arm. Such infringement is and
`
`continues to be willful and deliberate.
`
`44.
`
`On information and belief, Saver made and continues to make such
`
`advertisements and provide instructions with the knowledge that use of the Accused Products
`
`with a “side lock” wiper arm infringes the ’607 patent, and the intent to cause such infringement.
`
`45.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale the Accused Products
`
`in the United States with the intent that the ultimate use of the Accused Products would infringe
`
`
`
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`
`the ’607 patent, and intended for Saver to ‘carry out such activities and for purchasers of the
`
`Accused Products to combine the same with a side lock wiper arm.
`
`46.
`
`The Accused Products form a material part of the claimed invention of the ’607
`
`patent.
`
`47.
`
`The Accused Products include adapters that are intended to be used with a “side
`
`lock” wiper arm and are configured to do so.
`
`48.
`
`The Accused Products with the associated “side lock” connector are not staple
`
`articles or commodities of commerce and have no non-infringing uses.
`
`49.
`
`Defendants therefore both induce the Accused Products’ ultimate purchasers’
`
`infringement of the ’607 patent and contribute to the same, and will continue to do so unless
`
`enjoined by this Court.
`
`50.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’607 patent, Plaintiff will suffer
`
`irreparable harm.
`
`51.
`
`Defendants have knowledge of the ’607 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`52.
`
`As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT FOUR — INFRINGEMENT OF U.S. PATENT NO. 6,611,988
`
`53.
`
`On September 2, 2003, United States Patent No. 6,611,988 (“the ’988 patent,”
`
`attached as Exhibit D) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’988 patent.
`
`
`
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`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 8 of 21 Pagelb #: 8
`
`54.
`
`Saver has infringed and is still infringing the ’988 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`55.
`
`Saver has had knowledge that the Accused Products infringe the ’988 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`56.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver usesuch
`
`components to make the Accused Products.
`
`57.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’988 patent.
`
`58.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`59.
`
`API has had knowledge of the ’988 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`60.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’988 patent and intended
`
`for Saver to carry out such activities.
`
`61.
`
`API therefore both induces Saver’s infringement of the ’988 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`62.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’988 patent, Plaintiff will suffer
`
`irreparable harm.
`
`
`
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`
`63.
`
`Defendants have knowledge of the ’988 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`64.
`
`As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT FIVE — INFRINGEMENT OF U.S. PATENT NO. 6,675,434
`
`65.
`
`On January 13, 2004, United States Patent No. 6,675,434 (“the ’434 patent,”
`
`attached as Exhibit E) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’434 patent.
`
`66.
`
`Saver has infringed and is still infringing the ’434 patent indirectly by making,
`
`-using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`67.
`
`Saver has had knowledge that the Accused Products infringe the ’434 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`68.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`69.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’434 patent.
`
`70.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`71.
`
`API has had knowledge of the ’434 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`
`
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`
`72.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’434 patent and intended
`
`for Saver to carry out such activities.
`
`73.
`
`API therefore both induces Saver’s infringement of the ’434 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`74.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’434 patent, Plaintiff will suffer
`
`irreparable harm.
`
`75.
`
`Defendants have knowledge of the ’434 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`_ 76.
`
`As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT SIX — INFRINGEMENT OF U.S. PATENT NO. 6,836,926
`
`77.
`
`On January 4, 2005, United States Patent No. 6,836,926 (“the ’926 patent,”
`
`attached as Exhibit F) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’926 patent.
`
`78.
`
`Saver has infringed and is still infringing the ’926 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`79.
`
`Saver has had knowledge that the Accused Products infringe the ’926 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`-10-
`
`
`
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`
`80.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`81.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’926 patent.
`
`82.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`83.
`
`API has had knowledge of the ’926 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`84_.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’926 patent, and intended
`
`for Saver to carry out such activities.
`
`85.
`
`API therefore both induces SaVer’s infringement of the ’926 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`86.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’926 patent, Plaintiff will suffer
`
`irreparable harm.
`
`87.
`
`Defendants have knowledge of the ’926 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`88.
`
`As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`-11-
`
`
`
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`COUNT SEVEN — INFRINGEMENT OF U.S. PATENT NO. 6,944,905
`
`89.
`
`On September 20, 2005, United States Patent No. 6,944,905 (“the ’905 patent,”
`
`attached as Exhibit G) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’905 patent.
`
`90.
`
`Saver has infringed and is still infringing the ’905 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused‘ Products, and will continue
`
`to do so unless enjoined by this Court.
`
`91.
`
`Saver has had knowledge that the Accused Products infringe the ’905 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`92.
`
`On information and belief, API manufactures and imports into the United States
`
`material components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`93.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’905 patent and intended
`
`for Saver to carry out such activities.
`
`94.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’905 patent.
`
`95.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`96.
`
`API has had knowledge of the ’905 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`-12-
`
`
`
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`
`97.
`
`API therefore both induces Saver’s infringement of the ’905 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`98.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’905 patent, Plaintiff will suffer
`
`irreparable harm.
`
`99.
`
`Defendants have knowledge of the ’905 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`I 100. As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT EIGHT — INFRINGEMENT OF U.S. PATENT NO. 6,973,698
`
`101. On December 13, 2005, United States Patent No. 6,973,698 (“the ’698 patent,”
`attached as Exhibit H) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’698 patent.
`
`102.
`
`Saver has infringed and is still infringing the ’698 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`103.
`
`Saver has had knowledge that the Accused Products infringe the ’698 patent since
`
`- at least January 26, 2011 (Exhibit ND.
`
`104.
`
`On information and belief, API manufactures and imports into the United States
`
`components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`105.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’698 patent.
`
`-13-
`
`
`
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 14 of 21 PageID #: 14
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 14 of 21 Page|D #: 14
`
`106.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`107. API has had knowledge of the ’698 patent since at "least October 11, 2011 (Exhibit
`
`N).
`
`108.
`
`On information and belief, API, as a related company of Saver, purposefully
`
`caused,'encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’698 patent, and intended
`
`for Saver to carry out such activities.
`
`109.
`
`API therefore both induces Saver’s infringement of the ’693 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`110.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’698 patent, Plaintiff will suffer
`
`irreparable harm.
`
`111. Defendants have knowledge of the ’698 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`112. As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT NINE — INFRINGEMENT OF U.S. PATENT NO. 7,228,588
`
`113. On December 13, 2005, United States Patent No. 7,228,588 (“the ’588 patent,”
`
`attached as Exhibit I) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’588 patent.
`
`-14-
`
`
`
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 15 of 21 PageID #: 15
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 15 of 21 Page|D #: 15
`
`114.
`
`Saver has infringed and is still infringing the ’S88 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`115.
`
`Saver has had knowledge that the Accused Products infringe the ‘S88 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`116. On infonnation and belief, API manufactures and imports into the United States
`
`components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`117. The components manufactured and imported by API are material components of
`
`the invention of the "588 patent.
`
`118. _ The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`119. API has had knowledge of the ‘S88 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`120. On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’588 patent, and intended
`
`for Saver to carry out such activities.
`
`121.
`
`API therefore both induces Saver’s infringement of the ’588 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`122.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’588 patent, Plaintiff will suffer
`
`irreparable harm.
`
`-15-
`
`
`
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 16 of 21 PageID #: 16
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 16 of 21 Page|D #: 16
`
`123. Defendants have knowledge of the ’588 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`124.
`
`As a result of Defendants’ acts of infringement; Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT TEN — INFRINGEMENT OF U.S. PATENT N0. 7,293,321
`
`125. On November 13, 2007, United States Patent No. 7,293,321 (“the ’321 patent,”
`
`attached as Exhibit J) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’321 patent.
`
`126.
`
`Saver has infringed and is still infringing the ’321 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`127.
`
`Saver has had knowledge that the Accused Products infringe the ’321 patent since
`
`at least January 26, 2Cl11 (Exhibit M).
`
`128. On information and belief, API manufactures and imports into the United States
`
`components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`129.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’321 patent.
`
`130.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`131. API has had knowledge of the ’321 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`-15-
`
`
`
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 17 of 21 PageID #: 17
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 17 of 21 Page|D #: 17
`
`132. On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’32l patent, and intended
`
`for Saver to carry out such activities.
`
`133.
`
`API therefore both induces Saver’s infringement of the ’32l patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`134.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’32l patent, Plaintiff will suffer
`
`irreparable harm.
`
`135. Defendants have knowledge of the ’321 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`136. As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`COUNT ELEVEN — INFRINGEMENT OF U.S. PATENT N0. 7,523,520
`
`137. On April 28, 2009, United States Patent No. 7,523,520 (“the ‘S20 patent,”
`
`attached as Exhibit K) was d11ly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ‘S20 patent.
`
`138.
`
`Saver has infringed and is still infringing the ‘S20 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue
`
`to do so unless enjoined by this Court.
`
`139.
`
`Saver has had knowledge that the Accused Products infringe the ‘S20 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`-17-
`
`
`
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 18 of 21 PageID #: 18
`Case 1:12—cv—OO574—LPS Document 1 Filed 05/04/12 Page 18 of 21 Page|D #: 18
`
`140.
`
`On information and belief, API manufactures and imports into the United States
`
`components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`141.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ‘S20 patent.
`
`142.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`143. API has had knowledge of the ’520 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`144. On information and belief API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’520 patent, and intended.
`
`for Saver to carry out such activities.
`
`145.
`
`API therefore both induces Saver’s infringement of the ’520 patent and
`
`contributes to the same, and will continue to do so unless enjoined by this Court.
`
`146.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement and,
`
`unless Defendants are enjoined from their infringement of the ’520 patent, Plaintiff will suffer
`
`irreparable harm.
`
`147. Defendants have knowledge of the ’520 patent, and such infringement is and
`
`continues to be willful and deliberate.
`
`148. As a result of Defendants’ acts of infringement, Plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`-13-
`
`
`
`Case 1:12—ov—OO574—LPS Document 1 Filed 05/04/12 Page 19 of 21 Page|D #: 19
`Case 1:12-cv-00574-LPS Document 1 Filed 05/04/12 Page 19 of 21 PageID #: 19
`
`COUNT TWELVE — INFRINGEMENT OF U.S. PATENT N0. 7,484,264
`
`149. On February 3, 2009, United States Patent No. 7,484,264 (“the ’264 patent,”
`
`attached as Exhibit L) was duly and legally issued for an invention in a windshield Wiper blade.
`
`Plaintiff is the owner of the ’264 patent.
`
`150.
`
`Saver has infringed and is still infringing the ’264 patent indirectly by making,
`
`using, selling, and offering for sale in the United States the Accused Products, and will continue I
`
`to do so unless enjoined by this Court.
`
`151.
`
`Saver has had knowledge that the Accused Products infringe the ’264 patent since
`
`at least January 26, 2011 (Exhibit M).
`
`152. On information and belief, API manufactures and imports into the United States
`
`components of the Accused Products with the knowledge and intent that Saver use such
`
`components to make the Accused Products.
`
`153.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’264 patent.
`
`154.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no non-infringing uses.
`
`155. API has had knowledge of the ’264 patent since at least October 11, 2011 (Exhibit
`
`N).
`
`156. On information and belief, API, as a related company of Saver, purposefully
`
`caused, encouraged and urged Saver to make, use, sell, and offer for sale in the United States the
`
`Accused Products with the intent that such activities would infringe the ’264 patent, and intended
`
`for Saver to carry out such activities.
`
`-1
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