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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

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LIPPERT COMPONENTS MANUFACTURING, INC., Plaintiff,

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ACTUANT CORPORAnON, VERSA TECHNOLOGIES, INC. and ENGINEERED SOLUTIONS, L.P., Defendants.

) ) ) ) ) ) No. ) ) JURY TRIAL DEMANDED

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COMPLAINT

Plaintiff, LIPPERT COMPONENTS MANUFACTURING, INC. ("Lippert") for its Complaint against Defendants, ACTUANT CORPORATION ("Actuant"), VERSA

TECHNOLOGIES, INC. ("Versa") and ENGINEERED SOLUTIONS, L.P. "Engineered Solutions") (Actuant, Versa and Engineered Solutions collectively referred to as "Defendants"), alleges and states:
PARTIES, JURISDICTION AND VENUE

1.

Lippert is a Delaware corporation, having a principal place of business in Goshen,

Elkhart County, Indiana. 2. On information and belief, Actuant is a Wisconsin corporation having a principal

place of business in Menomonee Falls, Wisconsin. 3. On information and belief, Versa is a Delaware corporation having a place of

business in Milwaukee, Wisconsin. 4. On information and belief, Engineered Solutions is an Indiana limited partnership

having a principal place of business in Milwaukee, Wisconsin. Versa is the sole partner of

Engineered Solutions. 5. On information and belief, Versa and Engineered Solutions are subsidiary entities

of Actuant, and do business in Mishawaka, Indiana under the name Power Gear. 6. Power Gear's website (\Vww.powergearus.com) identifies its business address as

1217 E. 7th Street, Mishawaka, Indiana 46544. 7.

This is a complaint for patent infringement pursuant to 35 U.S.C. 271 et seq.

This court has subject matter jurisdiction over Lippert's claims pursuant to 28 U.S.C. 1331 (federal question) and 1338 (patent). 8. The Defendants are doing business within this judicial district, subjecting them to

jurisdiction within the judicial district and making venue proper in this district pursuant to 28 U.S.C. 1391 and 1400.

LIPPERT'S PATENT
9.

On September 13, 2011, United States Patent No. 8,016,343 ("the '343 Patent")

entitled "Retractable Room Actuation Assembly for Recreational Vehicle," for use in extending/retracting recreational vehicle slide-out compartments, was duly and legally issued. A true and COlTect copy is attached hereto as Exhibit A.
10.

Lippert is the assignee of all right, title, and interest in and to the '343 Patent.

DEFENDANTS' INFRINGEMENT
11. The Defendants displayed their so-called "In-Wall Slide" retractable room

actuation assembly for use in extendinglretracting recreational vehicle slide-out compartments at the 48 th National RV Tradeshow in Louisville, Kentucky, November 30 - December 2, 2010. Following that show, Lippert notified Defendants of Lippert's pending application for the '343 Patent in December, 2010. The application for the '343 Patent then was published by the United

=States Patent and Trademark Office on February 3, 2011. 12. The '343 Patent issued on September 13,2011. Upon information and belief, the

Defendants learned of issuance of the '343 patent on, or shortly after, its issue date. Notwithstanding knowledge of the '343 Patent and Lippeli's prior notification in December, 2010, Defendants displayed an installed "In-Wall Slide" retractable room actuation assembly for use in extendinglretracting a recreational vehicle slide-out compartment at the 49 th National RV Tradeshow held in Louisville, Kentucky, November 29 - December 1, 2011. Lippert again notified Defendants of the issued '343 Patent in January 2012. 13. Defendants, in contravention of their knowledge of Lippert's rights in the '343

Patent, have been and still are infringing the '343 Patent by making, selling, using or offering to sell devices embodying the patented inventions, or inducing or contributing to the infringement by others of the '343 Patent, and will continue to do so unless enjoined by this Court. 14. Defendants, in contravention of their knowledge of Lippert's rights in the '343

Patent, have been, and still are, infringing at least claim 1 of Lippert's '343 Patent by importing, making, selling, using, or offering to sell devices embodying the patented inventions, such as in Defendants' so-called "In Wall Slide" retractable room actuation assembly products. 15. Defendants, in contravention of their knowledge of Lippert's rights in the '343

Patent, are inducing andlor contributing to the infringement by others of the '343 Patent, including at least claim 1, by selling or offering to sell to third parties, with the intent to induce infringement, devices embodying the patented inventions, such as in Defendants' so-called "In Wall Slide" retractable room actuation assembly products. 16. Defendants, in contravention of their knowledge of Lippert's rights in the '343

Patent, have induced and contributed to other's use of the claimed inventions of the '343 Patent,

=including at least DRV LLC, by selling to others and instructing others to use Defendants' socalled "In Wall Slide" for manufacture of mobile living quarters having a retractable/expandable living space. Defendants' so-called "In Wall Slide" retractable room actuation assembly

products have no substantial non-infringing uses, and are designed specifically for retractable room actuation for the recreational vehicle industry.
THE HARM TO LIPPERT

17.

Defendants, by their infringing conduct, including their contributory infringement

and their inducing infringement by others, have caused Lippert irreparable harm for which there is no adequate remedy at law. 18. Defendants have engaged in their conduct willfully and in complete disregard of,

or with indifference to, Lippert's rights and interests. 19. 20. Lippert has suffered damage as a result of defendant's infringement to date. This is an exceptional case as that term is defined in 35 U.S.C. 285.

WHEREFORE, Lippert prays that this Court:

A.

Preliminarily and pelmanently enjoin defendants and their officers, agents,

servants, employees and attorneys and those in active concert or participation with them, who receive actual notice of the Order, from importing, marketing, manufacturing, using, selling and/or offering for sale, or contributing to or inducing others to make, use, sell or offer for sale devices which infringe the '343 Patent. B. Require Defendants to account for and pay over to Plaintiff all damages sustained

by Plaintiff and all profits realized by Defendants by reason of their unlawful acts. C. Award Lippert monetary damages adequate to compensate Lippert for past

infringement consistent with 35 U.S.C. 284, up to and including treble the amount of actual

damages assessed, together with costs and prejudgment interest. D. E. Award Lippert its reasonable attorneys' fees pursuant to 35 U.S.C. 285. Order Defendants to provide notice to Defendants' customers of the accused

systems of Defendants' unlawful acts. F. Grant and award any and all relief to Lippert found necessary and proper under

these circumstances. JURY DEMAND

Lippert requests a trial by jury on its claims.

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One N. Wacker Drive, Suite 4400 Chicago, IL 60606 (312) 357-1313 Joseph R. Fullenkamp 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601 (574) 237-1269 Attorneys for Plaintiff Lippeli Components Manufacturing, Inc.

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