Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 1 of 10 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. ________________
`
`JURY TRIAL DEMANDED
`
`)))))))))))
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff Robert Bosch LLC (“Plaintiff”), through its attorneys, for its complaint against
`
`defendants Alberee Products, Inc. (“Alberee”), API Korea Co., Ltd. (“API”), and Saver
`
`Automotive Products, Inc. (“Saver”) (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 set
`
`forth. This Court has jurisdiction over the subject matter of the action pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`
`DEFENDANTS AND ACCUSED PRODUCTS
`
`2.
`
`On information and belief, Alberee is a corporation organized under the laws of
`
`the state of Maryland with a place of business at 4665 Hollins Ferry Road, Halethorpe,
`
`Maryland.
`
`3.
`
`On information and belief, API is a corporation organized under the laws of
`
`Korea with a place of business at 435-3, Nonhyeon-Dong, NamDong-Gu, Incheon, Korea, 405-
`
`848.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. ________________
`
`JURY TRIAL DEMANDED
`
`)))))))))))
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff Robert Bosch LLC (“Plaintiff”), through its attorneys, for its complaint against
`
`defendants Alberee Products, Inc. (“Alberee”), API Korea Co., Ltd. (“API”), and Saver
`
`Automotive Products, Inc. (“Saver”) (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 set
`
`forth. This Court has jurisdiction over the subject matter of the action pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`
`DEFENDANTS AND ACCUSED PRODUCTS
`
`2.
`
`On information and belief, Alberee is a corporation organized under the laws of
`
`the state of Maryland with a place of business at 4665 Hollins Ferry Road, Halethorpe,
`
`Maryland.
`
`3.
`
`On information and belief, API is a corporation organized under the laws of
`
`Korea with a place of business at 435-3, Nonhyeon-Dong, NamDong-Gu, Incheon, Korea, 405-
`
`848.
`
`
`
`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 2 of 10 PageID #: 2
`
`4.
`
`On information and belief, Saver is a corporation organized under the laws of the
`
`state of Maryland with a place of business at 4665 Hollins Ferry Road, Halethorpe, Maryland.
`
`5.
`
`On information and belief, Alberee and Saver have supplied, and continue to
`
`supply, beam-type windshield wiper blades in the United States.
`
`6.
`
`On information and belief, Alberee has assembled, made, used, offered for sale
`
`and sold, and assembles, makes, uses, offers for sale, and sells, in the United States beam-type
`
`windshield wiper blades accused of infringement, which contain components supplied by API.
`
`7.
`
`On information and belief, Saver has made, used, offered for sale and sold, and
`
`makes, uses, offers for sale, and sells in the United States beam-type windshield wiper blades
`
`accused of infringement, which are assembled or made by Alberee from components supplied by
`
`API.
`
`8.
`
`On information and belief, such windshield wiper blades have been and are sold
`
`under several brand names, including at least the Goodyear Assurance, the Saver Arc Flex Ultra,
`
`and the Touring Ultra brands (collectively, the “Accused Products”).
`
`9.
`
`On information and belief, Saver has offered for sale and sold, and offers for sale
`
`and sells, the Accused Products to retail stores in the United States, which sell the Accused
`
`Products to end customers for use as wiper blades on vehicles.
`
`10.
`
`At least the Goodyear Assurance and Saver Arc Flex Ultra beam-type wiper
`
`blades have been, and are, offered for sale in the United States via the internet, including on the
`
`Amazon.com website.
`
`11.
`
`The Goodyear Assurance wiper blades have been, and are, sold at Costco
`
`Wholesale Corporation’s retail stores, a retail chain with hundreds of locations nationwide,
`
`including the store location at 900 Center Boulevard, Newark, Delaware.
`
`- 2 -
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 3 of 10 PageID #: 3
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`12.
`
`On information and belief, at least the Goodyear Assurance beam-type wiper
`
`blades have arrived in the state of Delaware through Saver’s purposeful shipment of these
`
`products to Delaware through an established distribution channel, namely through Saver’s sale of
`
`the Goodyear Assurance wiper blades to Costco Wholesale Corporation.
`
`13.
`
`On information and belief, Alberee, as a company working with Saver on the
`
`manufacture, assembly, and distribution of the Accused Products, has been and is aware of, and
`
`encourages Saver’s selling of the Accused Products throughout the United States through
`
`established distribution channels.
`
`14.
`
`On information and belief, API, as a company working with Alberee and Saver on
`
`the design, development, and manufacture of the Accused Products, and the supply of
`
`component parts thereof to Alberee and Saver, has knowledge and intends that Alberee and
`
`Saver make, offer for sale, and sell the Accused Products throughout the United States.
`
`COUNT ONE – INFRINGEMENT OF U.S. PATENT NO. 6,292,974
`
`15.
`
`The allegations stated in paragraphs 2 through 14 of this Amended Complaint are
`
`incorporated by reference as if set forth herein.
`
`16.
`
`On September 25, 2001, United States Patent No. 6,292,974 (“the ’974 patent,”
`
`attached as Exhibit A) was duly and legally issued for an invention in a windshield wiper blade.
`
`Plaintiff is the owner of the ’974 patent.
`
`17.
`
`Alberee has infringed and is infringing the ’974 patent directly under 35 U.S.C. §
`
`271(a) 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.
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`- 3 -
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`
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 4 of 10 PageID #: 4
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`18.
`
`Saver has infringed and is infringing the ’974 patent directly under 35 U.S.C. §
`
`271(a) 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.
`
`Retailers, including Costco Wholesale, have infringed and are infringing the ’974
`
`patent directly under 35 U.S.C. § 271(a) by selling and offering for sale in the United States the
`
`Accused Products.
`
`20.
`
`On information and belief, end users have infringed and are infringing the ’974
`
`patent directly under 35 U.S.C. § 271(a) by using in the United States the Accused Products,
`
`including as windshield wiper blades on vehicles.
`
`21.
`
`On information and belief, API manufactures and imports into the United States
`
`components of the Accused Products, including components identified as frames in importation
`
`records.
`
`22.
`
`The components manufactured and imported by API are material components of
`
`the invention of the ’974 patent, at least because, on information and belief, the components
`
`provided by API constitute a significant part of the final assembly of each Accused Product.
`
`23.
`
`The components manufactured and imported by API are not staple articles or
`
`commodities of commerce and have no substantial non-infringing uses, at least because, on
`
`information and belief, the components are designed specifically for use in the Accused Products
`
`and have no other intended uses.
`
`24.
`
`API has had knowledge that the Accused Products, for which the components API
`
`manufactures and imports are especially made or adapted, infringe the ’974 patent since at least
`
`November 15, 2013, from a letter sent from Plaintiff’s counsel to API’s counsel, describing such
`
`infringement.
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 5 of 10 PageID #: 5
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`25.
`
`API is a contributory infringer of the ’974 patent under 35 U.S.C. § 271(c) with
`
`respect to Alberee’s and Saver’s direct infringement of the ’974 patent, and will continue to
`
`infringe unless enjoined by this Court. API also is a contributory infringer of the ’974 patent
`
`under 35 U.S.C. § 271(c) with respect to the direct infringement of the ’974 patent by retailers
`
`who sell and offer for sale the Accused Products, and the direct infringement of the ’974 patent
`
`by end users who use the Accused Products, and will continue to infringe unless enjoined by this
`
`Court.
`
`26.
`
`On information and belief, API has purposefully caused, encouraged, and urged
`
`Alberee and Saver to make, sell, and offer for sale the Accused Products in the United States
`
`with the knowledge and intent that such activities would directly infringe the ’974 patent, and
`
`intended Alberee and Saver to carry out such activities. API has had such knowledge and intent
`
`at least since receiving through its counsel, on November 15, 2013, a letter from Plaintiff’s
`
`counsel describing its infringement.
`
`27.
`
`API therefore induces, under 35 U.S.C. § 271(b), Alberee’s direct infringement
`
`and Saver’s direct infringement of the ’974 patent, and will continue to do so unless enjoined by
`
`this Court.
`
`28.
`
`On information and belief, API has purposefully caused, encouraged, and urged
`
`retailers to offer for sale and sell, and end users to use, the Accused Products in the United States
`
`with the knowledge and intent that such activities would directly infringe the ’974 patent, and
`
`intended retailers and end users to carry out such activities. API has had such knowledge and
`
`intent at least since receiving through its counsel, on November 15, 2013, a letter from Plaintiff’s
`
`counsel providing notice of API’s infringement. API has such intent because, on information
`
`and belief, it intends Alberee and Saver to sell the Accused Products made with components
`
`- 5 -
`
`
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 6 of 10 PageID #: 6
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`supplied by API to retailers, it intends that retailers sell in the United States the Accused
`
`Products to end users, and it intends that end users in the United Sates use the Accused Products
`
`as wiper blades on vehicles.
`
`29.
`
`API therefore induces under 35 U.S.C. § 271(b) the direct infringement of the
`
`’974 patent by retailers, and the direct infringement of the ’974 patent by end users, and will
`
`continue to do so unless enjoined by this Court.
`
`30.
`
`Alberee and Saver each has had knowledge that the Accused Products infringe the
`
`’974 patent since at least November 15, 2013, when Alberee’s and Saver’s counsel received from
`
`Plaintiff’s counsel a letter describing such infringement.
`
`31.
`
`On information and belief, Alberee has purposefully caused, encouraged, and
`
`urged Saver to sell and offer for sale the Accused Products in the United States with the
`
`knowledge and intent that such activities would directly infringe the ’974 patent, and intended
`
`Saver to carry out such activities. Alberee has had such knowledge and intent at least since
`
`receiving through its counsel a letter from Plaintiff’s counsel describing Alberee’s infringement
`
`on November 15, 2013. Alberee further has such knowledge and intent because, on information
`
`and belief, Alberee and Saver work together in distributing the Accused Products and because
`
`Alberee intends that the Accused Products it sells to Saver are offered for sale and sold to third
`
`parties.
`
`32.
`
`Alberee therefore induces under 35 U.S.C. § 271(b) Saver’s direct infringement of
`
`the ’974 patent, and will continue to do so unless enjoined by this Court.
`
`33.
`
`On information and belief, Alberee and Saver each has knowledge that retailers
`
`directly infringe the ’974 patent by selling and offering for sale in the United States the Accused
`
`Products, and that end users directly infringe the ’974 patent by using in the United States the
`
`- 6 -
`
`
`
`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 7 of 10 PageID #: 7
`
`Accused Products as wiper blades for their vehicles, at least since receiving through their counsel
`
`a letter sent by Plaintiff’s counsel describing Alberee’s and Saver’s infringement on November
`
`15, 2013.
`
`34.
`
`On information and belief, by advertising the infringing use in their promotional
`
`materials, by providing an application guide on their website and in stores that sell the Accused
`
`Products showing the infringing use, and by including installation instructions with the Accused
`
`Products that show the end users of the Accused Products how to install the same on the wiper
`
`arms on their vehicles, Alberee and Saver each has purposefully caused, encouraged, and urged
`
`end users to use the Accused Products, with the knowledge and intent that such activities would
`
`directly infringe the ’974 patent, and intend end users to carry out such activities. Alberee and
`
`Saver each know or should know that end users use in the United States the Accused Products
`
`because Alberee and Saver distribute the products to retailers for resale to end users for this
`
`purpose.
`
`35.
`
`Alberee and Saver therefore each induce under 35 U.S.C. § 271(b) the direct
`
`infringement of end users of the Accused Products of the ’974 patent, and will continue to do so
`
`unless enjoined by this Court.
`
`36.
`
`On information and belief, Alberee and Saver each has purposefully caused,
`
`encouraged, and urged retailers to offer for sale and sell the Accused Products, with the
`
`knowledge and intent that such activities would directly infringe the ’974 patent, and intend
`
`retailers to carry out such activities. Alberee and Saver know or should know that retailers offer
`
`for sale and sell in the United States the Accused Products because Alberee and Saver distribute
`
`the products to retailers for resale to end users.
`
`- 7 -
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 8 of 10 PageID #: 8
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`37.
`
`Alberee and Saver therefore each induce under 35 U.S.C. § 271(b) retailers’ direct
`
`infringement of the ’974 patent, and will continue to do so unless enjoined by this Court.
`
`38.
`
`Plaintiff has no adequate remedy at law against Defendants’ infringement of the
`
`’974 patent and, unless Defendants are enjoined from their infringement, Plaintiff will suffer
`
`irreparable harm.
`
`39.
`
`Defendants have had knowledge of the ’974 patent and yet have continued to
`
`infringe despite an objectively high likelihood that their actions constituted infringement of the
`
`’974 patent. The risk of infringement was either known to Defendants, or so obvious it should
`
`have been known to them. Therefore, Defendants’ infringement has been and continues to be
`
`willful and deliberate.
`
`40.
`
`As a result of Defendants’ infringement, Plaintiff has suffered and will continue
`
`to suffer damages in an amount to be proven at trial.
`
`WILLFULNESS
`
`41.
`
`The acts of infringement set forth above have occurred with full knowledge of the
`
`’974 patent. The infringement has occurred despite an objectively high likelihood that the acts
`
`constituted infringement. The risk of infringement was either known to Defendants, or so
`
`obvious it should have been known to them. Thus, the acts of infringement have been willful
`
`and deliberate, making this case exceptional within the meaning of the United States patent laws.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff demands following relief:
`
`A.
`
`A judgment in favor of Plaintiff that Defendants have infringed, directly
`
`and indirectly, by way of inducement and/or contributory infringement, the ’974 patent;
`
`- 8 -
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`
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 9 of 10 PageID #: 9
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`B.
`
`A permanent injunction, enjoining Defendants and their officers, directors,
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`agents, servants, employees, affiliates, divisions, branches, subsidiaries, parents, and all others
`
`acting in concert or privity with them from infringing, inducing the infringement of, or
`
`contributing to the infringement of the aforementioned patents;
`
`C.
`
`An award to Plaintiff of the damages to which it is entitled under at least
`
`35 U.S.C. § 284 for Defendants’ past infringement and any continuing or future infringement,
`
`including both compensatory damages and treble damages for willful infringement;
`
`D.
`
`A judgment and order requiring Defendants to pay the costs of this action
`
`(including all disbursements), as well as attorneys’ fees as provided by 35 U.S.C. § 285;
`
`E.
`
`An award to Plaintiff of pre-judgment and post-judgment interest on its
`
`damages; and
`
`entitled.
`
`F.
`
`Such other further relief in law or equity to which Plaintiff may be justly
`
`JURY DEMAND
`
`Plaintiff demands a trial by jury.
`
`- 9 -
`
`
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`Case 1:14-cv-00142-LPS Document 1 Filed 02/05/14 Page 10 of 10 PageID #: 10
`
`Respectfully submitted,
`
`POTTER ANDERSON & CORROON LLP
`
`OF COUNSEL:
`
`By:
`
`Jeffrey S. Ginsberg
`Mark A. Hannemann
`Rose Cordero Prey
`Ksenia Takhistova
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel.: (212) 425-7200
`
`Dated: February 5, 2014
`1138435 / 39026
`
`/s/ Richard L. Horwitz
`Richard L. Horwitz (#2246)
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`rhorwitz@potteranderson.com
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`
`Attorneys for Plaintiff Robert Bosch LLC
`
`- 10 -
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