McMillan Electric v. EPEC Engineered Technologies

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _________________________________ ) MCMILLAN ELECTRIC CO., ) ) Plaintiff, ) ) v.
) ) EPEC ENGINEERED ) TECHNOLOGIES LLC, ) ) Defendant. ) ) _________________________________ )
Civil Action No. 13cv1967
JURY TRIAL DEMANDED
COMPLAINT Plaintiff alleges as follows: The Parties 1. Plaintiff, McMillan Electric Company, is a corporation organized and existing under the laws of Minnesota and has a principal place of business at 400 Best Road, Woodville, WI 54028. 2. Defendant, EPEC Engineered Technologies LLC is a corporation organized and existing under the laws of Michigan and has a principal place of business at 174 Duchaine Blvd., New Bedford, MA 02745. Defendants registered agent has an address of 601 Abbot Road, East Lansing, MI 48823. The accused product is made and sold by EC Fans & Drives, which is a division of EPEC Engineered Technologies LLC.
Jurisdiction 3. This is a claim of patent infringement arising under the Acts of Congress relating to patents, 35 U.S.C. 271; 281-285. 4. This Court has jurisdiction under 28 U.S.C. 1331 and 1338(a). 5. Personal jurisdiction and venue are proper in this District because, at a minimum, Defendant has purposefully availed itself within this District by deliberately placing the accused product in the stream of commerce aware that the product is being marketed, offered for sale, and sold in this District. Defendant has an established distribution network for the accused product that encompasses this District. Defendant has an exclusive distributor of the accused product that has more than ten dealers in this District. The accused product is offered for sale and sold in this District through, at least, Defendants exclusive distributor and its dealers in this District. Count I Patent Infringement of U.S. 6,850,019 5. On February 1, 2005, United States Patent No. 6,850,019 entitled Single Coil, Direct Current Permanent Magnet Brushless Motor With Voltage Boost (the 019 patent) was duly and legally issued to Plaintiff as assignee of the inventor Sten R. Gerfast. Plaintiff is the owner of the entire right, title and interest in and to the 019 patent and has been and still is the owner thereof. The 019 patent is attached as Exhibit A.
6. Defendant has manufactured, used, sold, and/or offered for sale single coil, direct current permanent magnet brushless motors having a voltage boost, including at least the ECplus motor, which infringes the 019 patent. 7. Defendant is aware of the 019 patent, has been aware of the 019 patent during the period of infringement, including but not limited to, on or about May 14, 2013, when Plaintiff caused a letter to be sent to Defendant attaching the 019 patent. 8. Plaintiff has complied with the notice provision of the patent statutes. 9. Defendant has had actual knowledge of the 019 patent since at least May 14, 2013, and its infringement of this patent has been and continues to be willful and deliberate. 10. Plaintiff has been damaged by Defendant's infringement of the 019 patent and will continue to be damaged in the future unless Defendant is permanently enjoined from infringing said patent. Count II Patent Infringement of U.S. 6,940,238 11. On September 6, 2005, United States Patent No. 6,940,238 entitled Single Coil, Direct Current Permanent Magnet Brushless Motor With Voltage Boost (the 238 patent) was duly and legally issued to Plaintiff as assignee of the inventor Sten R. Gerfast. Plaintiff is the owner of the entire right, title and interest in and to the 238 patent and has been and still is the owner thereof. The 238 patent is attached as Exhibit B.
12. Defendant has manufactured, used, sold, and/or offered for sale single coil, direct current permanent magnet brushless motors having a voltage boost, including at least the ECplus motor, which infringes the 238 patent. 13. Defendant is aware of the 238 patent, has been aware of the 238 patent during the period of infringement, including but not limited to, on or about May 14, 2013, when Plaintiff caused a letter to be sent to Defendant attaching the 238 patent. 14. Plaintiff has complied with the notice provision of the patent statutes. 15. Defendant has had actual knowledge of the 238 patent since at least May 14, 2013, and its infringement of this patent has been and continues to be willful and deliberate. 16. Plaintiff has been damaged by Defendant's infringement of the 238 patent and will continue to be damaged in the future unless Defendant is permanently enjoined from infringing said patent. Prayer for Relief WHEREFORE, Plaintiff prays for the following relief: a. A judgment that Defendant has infringed United States Patent No. 6,850,019. b. A judgment that Defendant has infringed United States Patent No. 6,940,238. c. An injunction enjoining and restraining Defendant, its officers, directors, agents, servants, employees, attorneys and all others acting under or through it, directly or indirectly, from infringing United States Patent No. 6,850,019.
d. An injunction enjoining and restraining Defendant, its officers, directors, agents, servants, employees, attorneys and all others acting under or through it, directly or indirectly, from infringing United States Patent No. 6,940,238. e. A judgment and order requiring Defendant to pay damages under 35 U.S.C. 284, including treble damages for willful infringement as provided by 35 U.S.C. 284, with interest; f. A judgment and order directing Defendant to pay the costs of this action (including all disbursements) and attorney fees as provided by 35 U.S.C. 285, with interest; and g. Such other and further relief as this Court may deem just and equitable. Demand for Jury Trial Plaintiff hereby demands that all issues be determined by jury.
By its attorneys, Date: July 22, 2013 /s Anthony R. Zeuli Anthony R. Zeuli, #274,884 Roshni D. Patel, #393,326 Merchant & Gould P.C. 3200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2215 (612) 332-5300 [email protected] [email protected]

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _________________________________ ) MCMILLAN ELECTRIC CO., ) ) Plaintiff, ) ) v.

) ) EPEC ENGINEERED ) TECHNOLOGIES LLC, ) ) Defendant. ) ) _________________________________ )

Civil Action No. 13cv1967

JURY TRIAL DEMANDED

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