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Richard E. Oney State Bar No. 009235

Third Floor Camelback Esplanade II 2525 East Camelback Road PHOENIX, ARIZONA 85016-4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103 reo@tblaw.com

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA U-Haul International, Inc., a Nevada corporation,

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Plaintiff, v.

Case No.

COMPLAINT Sela Products, LLC, an Oklahoma limited liability company; Nihat Itmec, an individual; A. Rifat Jury Trial Requested Kars, an individual; and Douglas Donald, an individual, Defendants.

For its complaint against the defendants, U-Haul International, Inc. alleges as follows: Parties 1. Plaintiff U-Haul International, Inc. (hereinafter U-Haul) is a Nevada

corporation having its principal place of business in Phoenix, Arizona. 2. On information and belief, defendant Sela Products, LLC (Sela Products)

is an Oklahoma limited liability company with its principal place of business in Edmond, Oklahoma.
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3. of Turkey. 4. of Turkey. 5.

On information and belief, defendant Nihat Itmec is a citizen and resident

On information and belief, defendant A. Rifat Kars is a citizen and resident

On information and belief, defendant Douglas Donald is a citizen and

resident of Oklahoma and was an employee of defendant Sela Products at all times relevant to this matter. Jurisdiction and Venue 6. This is an action for declaratory relief pursuant to 28 U.S.C. 2201 and

2202. This Court has jurisdiction over this dispute pursuant to 28 U.S.C. 1331 (federal question jurisdiction), 1338 (patents), and 1367 (supplemental jurisdiction). An actual controversy exists as to the inventorship and/or invalidity of a United States patent. 7. Venue is proper in this District pursuant to 28 U.S.C. 1391(b). General Allegations 8. By early 2009, U-Haul was working with defendant Sela Products in

connection with the development of a design for a wheeled dolly for moving furniture or heavy loads (the U-Haul dolly). U-Haul and Paul Grabill, an employee of U-Haul, were intimately involved in the design and testing of the U-Haul dolly. 9. By August 5, 2009, the development of the U-Haul dolly design was

completed and U-Haul began purchasing units of the dolly from Sela Products, which arranged for manufacture of the dolly in accordance with the completed design. 10. Sometime thereafter, U-Haul discontinued purchasing the U-Haul dollies

from Sela Products and began purchasing the dollies from another supplier, Southern Perfections Fabrication Holdings, Inc. (SPFH, Inc.). 11. On information and belief, by July 20, 2010, Sela Products prepared a

patent application relating to the U-Haul dolly design, naming only defendants Nihat
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Itmec, A. Rifat Kars and Douglas Donald as inventors. Sela Products did this without the knowledge of U-Haul or Paul Grabill. 12. Sela Products also obtained an assignment from defendants Nihat Itmec, A.

Rifat Kars and Douglas Donald of all of their right, title and interest in the patent application and any and all Letters Patent that may be granted based upon that patent application. 13. On August 20, 2010, Sela Products filed the patent application as U.S.

Patent Application No. 12/859,939 (the '939 Patent Application), still without the knowledge of U-Haul or Paul Grabill and incorrectly naming defendants Nihat Itmec, A. Rifat Kars, Douglas Donald as the only inventors. 14. On October 1, 2013, based on the '939 Patent Application, the United States

Patent and Trademark Office issued United States Patent No. 8,544,859 (the '859 Patent), which incorrectly named defendants Nihat Itmec, A. Rifat Kars and Douglas Donald as the only inventors. 15. Around the time that the '859 Patent issued, U-Haul first became aware that

Sela Products had filed the '939 Patent Application. On or about September 25, 2013, Sela Products had its patent counsel send a demand letter to U-Hauls current supplier, SPFH, Inc., advising that the '859 Patent would issue within a week, that the U-Haul dolly would infringe the issued patent, and demanding that SPFH, Inc. cease and desist from supplying the U-Haul dollies to U-Haul. 16. U-Haul has an interest in the '859 Patent for at least the reason that Paul

Grabill is obligated to assign his interest in that patent to U-Haul. Count I (Correction of Inventorship) (Against All Defendants) 17. U-Haul realleges and incorporates by reference all of the preceding

averments of this Complaint as if fully set forth herein.

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18.

According to the records of the United States Patent and Trademark Office,

defendants Nihat Itmec, A. Rifat Kars and Douglas Donald represented to the United States Patent and Trademark Office that they were the only inventors of the invention claimed in the '939 Patent Application. On information and belief, Sela Products participated in or directed this misrepresentation. 19. Contrary to these misrepresentations, on information and belief, Paul

Grabill is at least a co-inventor of the invention claimed in the '939 Patent Application. 20. Neither U-Haul nor Mr. Grabill were aware of or played any role in the

defendants misrepresentations to the United States Patent and Trademark Office regarding the inventorship of the invention claimed in the '859 Patent. 21. Pursuant to 35 U.S.C. 256, the '859 Patent should be corrected by naming

Mr. Grabill as an inventor on the patent. Count II (Declaratory Judgment of Patent Invalidity) (Against All Defendants) 22. U-Haul realleges and incorporates by reference all of the preceding

averments of this Complaint as if fully set forth herein. 23. If Mr. Grabill is not an inventor of the invention claimed in the '859 Patent,

then the patent is invalid under 35 U.S.C. 102(b) because Sela Products filed the '939 Patent Application more than a year after the claimed invention was reduced to practice and more than a year after it made a commercial offer for sale to U-Haul of the allegedly

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infringing U-Haul dolly units. Count III (Tortious Interference with Contract) (Against Sela Products) 24. U-Haul realleges and incorporates by reference all of the preceding

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averments of this Complaint as if fully set forth herein.

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25.

Sela Products has wrongfully, maliciously, improperly and intentionally

interfered with the beneficial contractual relationships existing between U-Haul and Southern Perfections Fabrication Holdings, Inc. 26. U-Haul has been and continues to be damaged by Sela Products wrongful

interference with U-Hauls contractual relationship with Southern Perfections Fabrication Holdings, Inc. Prayer for Relief WHEREFORE, U-Haul International, Inc., requests judgment against the defendants as follows: A. For a determination that (i) Paul Grabill is an inventor of the invention

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claimed in the '859 Patent and an order directing the correction of the '859 Patent accordingly, or (ii) in the alternative, that the claims of the '859 Patent are invalid; B. For an award of general and consequential damages against defendant Sela

Products in an amount to be determined at trial; C. For an award of U-Hauls costs and attorneys fees incurred in bringing

and maintaining this action pursuant to A.R.S. 12-341.01 and any other applicable provision of law; and D. For such other and further relief as the Court may deem just and proper.

DATED this 4th day of October, 2013. TIFFANY & BOSCO, P.A. By: /s/ Richard E. Oney Richard E. Oney Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237

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Jury Demand Plaintiff requests a trial by jury on all issues so triable. DATED this 4th day of October, 2013. TIFFANY & BOSCO, P.A. By: /s/ Richard E. Oney Richard E. Oney Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237

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