Case: 1:12-cv-02533 Document #: 19 Filed: 06/28/12 Page 1 of 6 PageID #:50
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF
`ILLINOIS EASTERN DIVISION
`
`
`CLEARLAMP, LLC,
`
`Case No.: 1:12-cv-02533 JHL
`
`
`
`
`
`
`
`
`)))))))))
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`v.
`
`LKQ CORPORATION,
`
`
`
`
`
`
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Clearlamp, LLC (“Clearlamp” or “Plaintiff”), by and through its undersigned
`
`counsel, states and alleges for its Amended Complaint against Defendant, LKQ Corporation
`
`(“LKQ” or “Defendant”), as follows:
`
`
`
`PARTIES
`
`1.
`
`Plaintiff Clearlamp, LLC is a Missouri limited liability company with its principal
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`place of business at 13924 Mackey Street, Overland Park, Kansas 66223.
`
`2.
`
`Defendant LKQ Corporation is a Delaware corporation with its principal place of
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`business at 500 West Madison Street, Suite 2800, Chicago, IL 60661.
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`
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`3.
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`This is an action for patent infringement in which Clearlamp seeks preliminary
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`JURISDICTION AND VENUE
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`and permanent injunctive relief as well as damages resulting from LKQ’s infringement of U.S.
`
`Patent No. 7,297,364 (the “‘364 Patent”).
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`4.
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`This Court has personal jurisdiction over LKQ because Defendant does business
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`in this District, committed a tort within this District, and, in fact, is a resident of this District,
`
`with its principal place of business located in this District at 500 West Madison Street, Suite
`
`1
`
`LKQ CORPORATION 1015
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF
`ILLINOIS EASTERN DIVISION
`
`
`CLEARLAMP, LLC,
`
`Case No.: 1:12-cv-02533 JHL
`
`
`
`
`
`
`
`
`)))))))))
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`v.
`
`LKQ CORPORATION,
`
`
`
`
`
`
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Clearlamp, LLC (“Clearlamp” or “Plaintiff”), by and through its undersigned
`
`counsel, states and alleges for its Amended Complaint against Defendant, LKQ Corporation
`
`(“LKQ” or “Defendant”), as follows:
`
`
`
`PARTIES
`
`1.
`
`Plaintiff Clearlamp, LLC is a Missouri limited liability company with its principal
`
`place of business at 13924 Mackey Street, Overland Park, Kansas 66223.
`
`2.
`
`Defendant LKQ Corporation is a Delaware corporation with its principal place of
`
`business at 500 West Madison Street, Suite 2800, Chicago, IL 60661.
`
`
`
`3.
`
`This is an action for patent infringement in which Clearlamp seeks preliminary
`
`JURISDICTION AND VENUE
`
`and permanent injunctive relief as well as damages resulting from LKQ’s infringement of U.S.
`
`Patent No. 7,297,364 (the “‘364 Patent”).
`
`4.
`
`This Court has personal jurisdiction over LKQ because Defendant does business
`
`in this District, committed a tort within this District, and, in fact, is a resident of this District,
`
`with its principal place of business located in this District at 500 West Madison Street, Suite
`
`1
`
`LKQ CORPORATION 1015
`
`
`
`
`
`Case: 1:12-cv-02533 Document #: 19 Filed: 06/28/12 Page 2 of 6 PageID #:51
`
`
`2800, Chicago, IL 60661.
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`5.
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`This Court has subject matter jurisdiction over Clearlamp’s claims under 28
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`U.S.C. §§ 1331 and 1338(a) because those claims arise under the patent laws of the United
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`States, 35 U.S.C. §§ 101, et seq.
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`
`
`
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`6.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400(b).
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`FACTUAL BACKGROUND
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`7.
`
`The ‘364 Patent is entitled, “Method for Refurbishing Lamp Services,” and was
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`duly and properly issued by the United States Patent Office on November 20, 2007. A true and
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`correct copy of the ‘364 Patent is attached hereto as Exhibit A.
`
`8.
`
`Clearlamp is the owner by assignment of all right, title and interest in the ‘364
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`Patent. Clearlamp has granted a license under the ‘364 Patent to Clearlamp Technics, LLC
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`(“Clearlamp Technics”), pursuant to which Clearlamp Technics refurbishes motor vehicle head
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`and tail lamps for re-use and re-sale.
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`9.
`
`LKQ has infringed and continues to infringe the ‘364 Patent by making, using,
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`offering to sell, and/or selling products, services, systems and/or methods that infringe the claims
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`of the ‘364 Patent. Specifically, LKQ uses the methods claimed by the ‘364 Patent to refurbish
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`motor vehicle head and tail lamps for re-use and re-sale.
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`10.
`
`LKQ markets the products that are made using the infringing methods and its
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`infringing services through its website www.lkqcorp.com. A true and correct copy of
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`relevant excerpts from LKQ’s 10-K Annual Report, filed with the U.S. Securities Exchange and
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`Commission on February 27, 2009, is attached hereto as Exhibit B. On page 8 of Exhibit B,
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`LKQ references its use, offer for sale and sale of the infringing methods, stating that “[w]e
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`refurbish head and tail lamps. The refurbishing process for lamps includes: a proprietary method
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`2
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`Case: 1:12-cv-02533 Document #: 19 Filed: 06/28/12 Page 3 of 6 PageID #:52
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`of repairing the housing; sanding and buffing to remove imperfections; cleaning the lamp; re-
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`coating the lens with a UV protectant coat; reassembling; and inspecting and packaging.”
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`
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`
`
`Count I
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`Infringement of the ‘364 Patent under 35 U.S.C. § 271
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`11.
`
`Clearlamp re-alleges and incorporates by reference all of the foregoing paragraphs
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`as if fully set forth herein.
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`12.
`
`LKQ directly infringes, actively induces infringement, and/or contributes to the
`
`infringement of the ‘364 Patent within the meaning of 35 U.S.C. § 271 by making, using, selling
`
`and/or offering to sell the infringing products and services within the United States and through
`
`performance of the methods claimed in the ‘364 Patent.
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`13.
`
`LKQ has directly infringed the ‘364 Patent, including but not limited to Claim
`
`1 thereof, by making, using, selling and offering for sale motor vehicle lamps which have been
`
`refurbished using the methods claimed by the ‘364 Patent within the United States, and by
`
`performing the methods claimed by the ‘364 Patent within the United States.
`
`14.
`
`LKQ’s products and services at issue constitute a component of a patented
`
`machine, article, manufacture, combination, or composition, or a material or apparatus for use in
`
`practicing processes patented by the ‘364 Patent.
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`15.
`
`LKQ’s products and services at issue constitute a material part of the invention
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`claimed by the ‘364 Patent, and LKQ knows and has known that the same are especially made or
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`especially adapted for use in an infringement of the ‘364 Patent.
`
`16.
`
`LKQ’s products and services at issue are not staple articles or commodities of
`
`commerce suitable for substantial noninfringing use.
`
`
`
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`
`3
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`Case: 1:12-cv-02533 Document #: 19 Filed: 06/28/12 Page 4 of 6 PageID #:53
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`17.
`
`Others directly infringe the ‘364 Patent by making, using, selling, and/or offering
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`to sell infringing products and services within the United States.
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`18.
`
`Others directly infringe the ‘364 Patent through performance of the methods
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`claimed in the ‘364 Patent using LKQ’s products and services.
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`19.
`
`On information and belief, LKQ has actual or constructive knowledge of the ‘364
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`Patent.
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`20.
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`On information and belief, LKQ knows that others infringe the ‘364 Patent by
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`making, using, selling and/or offering for sale infringing products and services within the United
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`States.
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`21.
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`On information and belief, LKQ specifically intends to induce others to infringe
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`the ‘364 Patent and/or perform the methods claimed in the ‘364 Patent by using LKQ’s products
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`and services.
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`22.
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`On information and belief, LKQ specifically intends and takes steps to ensure that
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`others will directly infringe the ‘364 Patent through the sale, purchase and/or use of LKQ’s
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`products and services.
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`23.
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`LKQ’s conduct has damaged and will continue to damage Clearlamp in an
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`amount to be proven at trial.
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`24.
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`LKQ’s infringement of the ‘364 Patent is and has been willful, making this case
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`exceptional under 35 U.S.C. § 285. LKQ was provided notice of the ‘364 Patent no later than
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`January 4, 2008.
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`25.
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`LKQ threatens to continue to engage in the acts complained of herein and,
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`unless restrained and enjoined, will continue to do so, all to Clearlamp’s irreparable injury. It
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`would be difficult to ascertain the amount of compensation that would afford Clearlamp
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`4
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`Case: 1:12-cv-02533 Document #: 19 Filed: 06/28/12 Page 5 of 6 PageID #:54
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`adequate relief for such future and continuing acts and a multiplicity of judicial proceedings
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`would be required. Clearlamp does not have an adequate remedy at law to compensate it for the
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`injuries threatened.
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`
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff Clearlamp hereby
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`DEMAND FOR JURY TRIAL
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`demands a trial by jury on all issues so triable.
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`
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, Clearlamp, LLC, respectfully prays for judgment against
`
`Defendant LKQ Corporation as follows:
`
`A.
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`A judgment preliminary and permanently enjoining Defendant LKQ
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`Corporation and any person acting in concert or cooperation with it from further infringing the
`
`‘364 Patent;
`
`B.
`
`C.
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`A judgment that Defendant LKQ Corporation has infringed the ‘364 Patent;
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`An award equal to the damages suffered by Plaintiff Clearlamp, LLC resulting
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`from Defendant LKQ Corporation’s infringement of the ‘364 Patent, including interest and costs;
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`D.
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`Enhanced damages in accordance with the provisions of 35 U.S.C. § 284 due to
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`Defendant LKQ Corporation’s willful infringement;
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`E.
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`F.
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`A finding that this case is exceptional under the provisions of 35 U.S.C. § 285;
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`An award to Plaintiff Clearlamp, LLC of its reasonable attorneys’ fees pursuant to
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`35 U.S.C. § 285; and
`
`G.
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`That Plaintiff Clearlamp, LLC be granted such other and further relief as the
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`Court deems just and proper.
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`5
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`Case: 1:12-cv-02533 Document #: 19 Filed: 06/28/12 Page 6 of 6 PageID #:55
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` Respectfully submitted by:
`
`
`
`
`/s/ Douglas A. Robinson
`MATTHEW L. CUTLER
`DOUGLAS A. ROBINSON
`JOEL R. SAMUELS
`HARNESS, DICKEY & PIERCE, P.LC.
`7700 Bonhomme Ave., Suite 400
`St. Louis, MO 63105
`Telephone: (314) 726-7500
`Facsimile: (314) 726-7501
`mcutler@hdp.com
`drobinson@hdp.com
`jsamuels@hdp.com
`
`
`
`/s/ Timothy E. Grochocinski
`TIMOTHY E. GROCHOCINSKI
`INNOVALAW, P.C.
`1900 Ravinia Place
`Orland Park, Illinois 60462
`Telephone: (314) 853-8146
`teg@innovalaw.com
`
`Attorneys for Plaintiff Clearlamp, LLC
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`6
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`Dated: June 28, 2012
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`
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`60975140.1
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