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UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TENNESSEE
`AT KNOXVILLE
`
`
`Case No. __________________
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`JURY DEMANDED
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`COMPLAINT
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`Plaintiff, EmeraChem Holdings, LLC (“EmeraChem”), by and through counsel, for its
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`EMERACHEM HOLDINGS, LLC,
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`Plaintiff,
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`v.
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`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`VOLKSWAGEN AG, and VOLKSWAGEN
`GROUP OF AMERICA CHATTANOOGA
`OPERATIONS, LLC,
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`
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`Defendants.
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`
`
`Complaint for Patent Infringement against Volkswagen Group of America, Inc. (“VGA”),
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`Volkswagen AG, and Volkswagen Group of America Chattanooga Operations, LLC
`
`(“VGACO”), states as follows:
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`Parties
`
`1.
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`EmeraChem is a Delaware limited liability company with its principal place of
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`business located at 201 Perimeter Park Drive, Knoxville, Tennessee 37922.
`
`2.
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`Upon information and belief, VGA is a New Jersey corporation with its
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`headquarters and principal place of business located at 2200 Ferdinand Porsche Drive, Herndon,
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`Virginia 20171. VGA is registered to do business in the State of Tennessee and may be served
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`with a copy of the Complaint and Summons through Corporation Services Company, its
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`Registered Agent for Service of Process at 2908 Poston Avenue, Nashville, Tennessee 37203-
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`1312.
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 1 of 10 PageID #: 1
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`

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`
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`3.
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`Upon information and belief, Volkswagen AG is a German corporation with its
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`principal place of business located at Brieffach 1849, Wolfsburg, Germany.
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`4.
`
`Upon information and belief, VGACO is a Tennessee limited liability company
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`with its headquarters and principal place of business located at 2200 Ferdinand Porsche Drive,
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`Herndon, Virginia 20171. VGACO may be served with a copy of the Complaint and Summons
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`through Corporation Services Company, its Registered Agent for Service of Process at 2908
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`Poston Avenue, Nashville, Tennessee 37203-1312.
`
`5.
`
`VGA is and has been performing business within the State of Tennessee by
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`selling and distributing automobiles through a chain of distribution and dealers within the State
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`of Tennessee’s stream of commerce at all times relevant to this proceeding.
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`6.
`
`Volkswagen AG is and has been performing business within the State of
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`Tennessee by selling and distributing automobiles through a chain of distribution and dealers
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`within the State of Tennessee’s stream of commerce at all times relevant to this proceeding.
`
`7.
`
`VGACO is and has been performing business within the State of Tennessee by
`
`manufacturing automobiles within the State of Tennessee at all times relevant to this proceeding.
`
`8.
`
`Upon information and belief, Defendants are engaged in the design, manufacture
`
`and sale within the United States and abroad, offering for sale in the United States, use within the
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`United States, importation into the United States, and/or sales after importation into the United
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`States of automobiles. Upon information and belief, Defendants market and sell these devices
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`worldwide through their dealerships.
`
`Jurisdiction and Venue
`
`9.
`
`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code.
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 2 of 10 PageID #: 2
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`2
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`

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`
`
`10.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and
`
`1338(a).
`
`11.
`
`Upon information and belief, Defendants are subject to personal jurisdiction in the
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`Eastern District of Tennessee, consistent with the principles of due process and the Tennessee
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`Long Arm Statute, because Defendants manufacture and/or offer products for sale in this
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`District, have transacted business in this District, have committed and/or induced acts of patent
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`infringement in this District, and/or have placed infringing products into the stream of commerce
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`through established distribution channels with the expectation that such products will be
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`purchased by residents of this District.
`
`12.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), 1391(c), 1391(d),
`
`and 1400(b).
`
`Patent Infringement Counts
`
`13.
`
`EmeraChem is the owner of all right, title and interest in U.S. Patent No.
`
`5,451,558 (the “’558 Patent”), U.S. Patent No. 5,599,758 (the “`758 Patent”), “U.S. Patent No.
`
`5,953,911 (the “`911 Patent”), U.S. Patent No. 7,951,346 (the “346 Patent”) and U.S. Patent No.
`
`6,037,307 (the “`307 Patent”) (collectively the “EmeraChem Patents”), which Defendants are
`
`infringing, and/or inducing others to infringe, by making, using, offering to sell and/or selling in
`
`the United States, and/or importing into the United States, products or processes that practice one
`
`or more inventions claimed in the EmeraChem Patents.
`
`14.
`
`Defendants have profited through infringement of the EmeraChem Patents. As a
`
`result of Defendants’ unlawful infringement of the EmeraChem Patents, EmeraChem has
`
`suffered, and will continue to suffer, damages, including in Knox County, Tennessee.
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 3 of 10 PageID #: 3
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`3
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`

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`
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`EmeraChem is entitled to recover from Defendants the damages suffered by EmeraChem as a
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`result of Defendants’ unlawful acts.
`
`15.
`
`Upon information and belief, Defendants intend to continue their unlawful
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`infringing activity, and EmeraChem continues to and will continue to suffer irreparable harm –
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`for which there is no adequate remedy at law – from such unlawful infringing activity unless
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`Defendants are enjoined by this Honorable Court.
`
`Count I
`
`Infringement of U.S. Patent No. 5,451,558
`
`16.
`
`The allegations in paragraph 1 through 15 of the Complaint are incorporated
`
`herein by reference, as if copied verbatim.
`
`17.
`
`EmeraChem is the owner of all right, title and interest in the `558 Patent, entitled
`
`“Process for the Reaction and Absorption of Gaseous Air Pollutants, Apparatus Therefor and
`
`Method of making the Same,” duly and properly issued by the U.S. Patent and Trademark office
`
`on or about September 19, 1995. A copy of the `558 Patent is attached as Exhibit 1.
`
`18.
`
`Defendants have been and/or are directly infringing and/or inducing infringement
`
`of and/or contributorily infringing the `558 Patent by, among other things, making, using,
`
`offering to sell or selling in the United States, or importing into the United States, products
`
`and/or services that are covered by at least one claim of the `558 Patent, including, by way of
`
`illustration and not by limitation, the distribution and sale of diesel powered vehicles equipped
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`with NOx Storage catalyst (NSC).
`
`19.
`
`The acts of Defendants complained of herein have been done willfully with
`
`knowledge of, or reason to know, that they violate EmeraChem’s rights under and related to the
`
`’558 Patent including, but not limited to, infringement of the ’558 Patent.
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 4 of 10 PageID #: 4
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`4
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`

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`
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`20.
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`As a result of Defendants’ unlawful actions, EmeraChem has sustained damages
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`for which it is entitled to compensation.
`
`Count II
`
`Infringement of U.S. Patent No. 5,599,758
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`21.
`
`The allegations in paragraph 1 through 20 of the Complaint are incorporated
`
`herein by reference, as if copied verbatim.
`
`22.
`
`EmeraChem is the owner of all right, title and interest in the `758 Patent, entitled
`
`“Regeneration of Catalyst/Absorber,” duly and properly issued by the U.S. Patent and
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`Trademark office on or about February 4, 1997. A copy of the `758 Patent is attached as
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`Exhibit 2.
`
`23.
`
`Defendants have been and/or are directly infringing and/or inducing infringement
`
`of and/or contributorily infringing the `758 Patent by, among other things, making, using,
`
`offering to sell or selling in the United States, or importing into the United States, products
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`and/or services that are covered by at least one claim of the `758 Patent, including, by way of
`
`illustration and not by limitation, the distribution and sale of diesel powered vehicles equipped
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`with NSC and programmed to carry out the claimed method.
`
`24.
`
`The acts of Defendants complained of herein have been and are now being done
`
`willfully with knowledge of, or reason to know, that they violate EmeraChem’s rights under and
`
`related to the ’758 Patent including, but not limited to, infringement of the ’758 Patent.
`
`25.
`
`The acts of Defendants complained of herein have caused and are presently
`
`causing irreparable harm, damage, and injury to EmeraChem for which EmeraChem has no
`
`adequate remedy at law, and such acts will continue to cause such irreparable harm, damage, and
`
`injury to EmeraChem unless and until the same are enjoined and restrained by this Court.
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 5 of 10 PageID #: 5
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`5
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`

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`
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`Count III
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`Infringement of U.S. Patent No. 5,953,911
`
`26.
`
`The allegations in paragraph 1 through 25 of this Complaint are incorporated
`
`herein by reference, as if copied verbatim.
`
`27.
`
`EmeraChem is the owner of all right, title and interest in the `911 Patent, entitled
`
`“Regeneration of Catalyst/Absorber,” duly and properly issued by the U.S. Patent and
`
`Trademark office on or about September 21, 1999. A copy of the `911 Patent is attached as
`
`Exhibit 3.
`
`28.
`
`Defendants have been and/or are directly infringing and/or inducing infringement
`
`of and/or contributorily infringing the `911 Patent by, among other things, making, using,
`
`offering to sell or selling in the United States, or importing into the United States, products
`
`and/or services that are covered by at least one claim of the `911 Patent, including, by way of
`
`illustration and not by limitation, the distribution and sale of diesel powered vehicles equipped
`
`with NSC and programmed to carry out the claimed method.
`
`29.
`
`The acts of Defendants complained of herein have been and are now being done
`
`willfully with knowledge of, or reason to know, that they violate EmeraChem’s rights under and
`
`related to the ’911 Patent including, but not limited to, infringement of the ’911 Patent.
`
`30.
`
`The acts of Defendants complained of herein have caused and are presently
`
`causing irreparable harm, damage, and injury to EmeraChem for which EmeraChem has no
`
`adequate remedy at law, and such acts will continue to cause such irreparable harm, damage, and
`
`injury to EmeraChem unless and until the same are enjoined and restrained by this Court.
`
`
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 6 of 10 PageID #: 6
`
`6
`
`

`
`
`
`Count IV
`
`Infringement of U.S. Patent No. 6,037,307
`
`31.
`
`The allegations in paragraph 1 through 30 of this Complaint are incorporated
`
`herein by reference, as if copied verbatim.
`
`32.
`
`EmeraChem is the owner of all right, title and interest in the `307 Patent, entitled
`
`“Catalyst/Sorber for Treating Sulfur Compound Containing Effluent,” duly and properly issued
`
`by the U.S. Patent and Trademark office on or about March 14, 2000. A copy of the `307 Patent
`
`is attached as Exhibit 4.
`
`33.
`
`Defendants have been and/or are directly infringing and/or inducing infringement
`
`of and/or contributorily infringing the `307 Patent by, among other things, making, using,
`
`offering to sell or selling in the United States, or importing into the United States, products
`
`and/or services that are covered by at least one claim of the `307 Patent, including, by way of
`
`illustration and not by limitation, the distribution and sale of diesel powered vehicles equipped
`
`with exhaust gas treatment catalysts.
`
`34.
`
`The acts of Defendants complained of herein have been and are now being done
`
`willfully with knowledge of, or reason to know, that they violate EmeraChem’s rights under and
`
`related to the ’307 Patent including, but not limited to, infringement of the ’307 Patent.
`
`35.
`
`The acts of Defendants complained of herein have caused and are presently
`
`causing irreparable harm, damage, and injury to EmeraChem for which EmeraChem has no
`
`adequate remedy at law, and such acts will continue to cause such irreparable harm, damage, and
`
`injury to EmeraChem unless and until the same are enjoined and restrained by this Court.
`
`
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 7 of 10 PageID #: 7
`
`7
`
`

`
`
`
`Count V
`
`Infringement of U.S. Patent No. 7,951,346
`
`36.
`
`The allegations in paragraph 1 through 35 of this Complaint are incorporated
`
`herein by reference, as if copied verbatim.
`
`37.
`
`EmeraChem is the owner of all right, title and interest in the `346 Patent, entitled
`
`“Methods and Systems for Reducing Particulate Matter in a Gaseous Stream,” duly and properly
`
`issued by the U.S. Patent and Trademark office on or about May 31, 2011. A copy of the `346
`
`Patent is attached as Exhibit 5.
`
`38.
`
`Defendants have been and/or are directly infringing and/or inducing infringement
`
`of and/or contributorily infringing the `346 Patent by, among other things, making, using,
`
`offering to sell or selling in the United States, or importing into the United States, products
`
`and/or services that are covered by at least one claim of the `346 Patent, including, by way of
`
`illustration and not by limitation, the distribution and sale of diesel powered vehicles equipped
`
`with exhaust gas treatment catalysts and on-board diagnostics.
`
`39.
`
`The acts of Defendants complained of herein have been and are now being done
`
`willfully with knowledge of, or reason to know, that they violate EmeraChem’s rights under and
`
`related to the ’346 Patent including, but not limited to, infringement of the ’346 Patent.
`
`40.
`
`The acts of Defendants complained of herein have caused and are presently
`
`causing irreparable harm, damage, and injury to EmeraChem for which EmeraChem has no
`
`adequate remedy at law, and such acts will continue to cause such irreparable harm, damage, and
`
`injury to EmeraChem unless and until the same are enjoined and restrained by this Court.
`
`Demand for Jury
`
`41.
`
`EmeraChem requests a trial by jury of all issues properly triable by jury.
`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 8 of 10 PageID #: 8
`
`8
`
`

`
`
`
`Prayers for Relief
`
`WHEREFORE, EmeraChem respectfully requests the following relief:
`
`1.
`
`For a judgment declaring that the Defendants have infringed each of the
`
`EmeraChem Patents identified above;
`
`2.
`
`For a judgment awarding EmeraChem compensatory damages as a result of
`
`Defendants’ infringement of EmeraChem’s Patents, together with interest and costs, and in no
`
`event less than a reasonable royalty;
`
`3.
`
`For a judgment declaring Defendants’ infringement of EmeraChem’s Patents have
`
`been willful and deliberate;
`
`4.
`
`For a judgment awarding EmeraChem treble damages and pre-judgment interest
`
`under 35 U.S.C. § 284 as a result of Defendants’ willful and deliberate infringement of the
`
`EmeraChem Patents;
`
`5.
`
`For a judgment declaring that this case is exceptional and awarding EmeraChem
`
`its expenses, costs and attorneys’ fees in accordance with 35 U.S.C. § 284 and 285 and Rule
`
`54(d) of the Federal Rules of Civil Procedure;
`
`6.
`
`For a grant of permanent injunction pursuant to 35 U.S.C. § 283, enjoining the
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`Defendants from further acts of infringement; and
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`7.
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`For such other and further relief as this Honorable Court deems just and proper.
`
`
`
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`
`
`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 9 of 10 PageID #: 9
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`9
`
`

`
`
`
`Respectfully submitted this 31st day of March, 2014.
`
`/s/ John E. Winters
`John E. Winters, BPR # 016345
`KRAMER RAYSON LLP
`P. O. Box 629
`Knoxville, TN 37901-0629
`(865) 525-5134
`jwinters@kramer-rayson.com
`
`/s/ Michael J. Bradford
`Michael J. Bradford, BPR# 022689
`LUEDEKA NEELY GROUP, P.C.
`P.O. Box 1871
`Knoxville, TN 37901-1871
`(865) 546-4305
`mbradford@luedeka.com
`
`Attorneys for EmeraChem Holdings, LLC
`
`
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`Case 3:14-cv-00132-TAV-HBG Document 1 Filed 03/31/14 Page 10 of 10 PageID #: 10
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`10

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