IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DYSON, INC. and
DYSON TECHNOLOGY LIMITED,

Plaintiffs and
Counterclaim-Defendants,

v.

EURO-PRO OPERATING LLC and
EURO-PRO SALES COMPANY,

Defendants and
Counterclaim-Plaintiffs.
)
)
)
)
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)
)
)
)
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Case No. 14-cv-779

Judge John W. Darrah

JURY TRIAL DEMANDED

PLAINTIFFS DYSON, INC. AND DYSON TECHNOLOGY LIMITEDS
UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs Dyson, Inc.
and Dyson Technology Limited (collectively, Dyson), by their undersigned counsel, move this
Court for leave to file the Amended Complaint for Patent Infringement to add U.S. Patent No.
D577,163. Dyson has met and conferred with counsel for Defendants Euro-Pro Operating LLC
and Euro-Pro Sales Company (collectively, Euro-Pro), and Euro-Pro has indicated in writing
that it does not oppose this Motion. In light of this proposed amendment, the parties have
worked together to revise the proposed schedule for this case, which is filed concurrently with
this motion and sets August 13, 2014 as the deadline for parties to amend pleadings.
WHEREFORE, Dyson respectfully requests that this Court enter an order granting Dyson
leave to file its Amended Complaint for Patent Infringement. A copy of the Amended Complaint
is attached hereto as Exhibit A.

Case: 1:14-cv-00779 Document #: 35 Filed: 05/06/14 Page 1 of 3 PageID #:153

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Dated: May 6, 2014 Respectfully submitted,


By: /s/ Bryan S. Hales, P.C.
Bryan S. Hales, P.C. (IL Bar No. 6243060)
bhales@kirkland.com
Ann Marie T. Wahls (IL Bar No. 6275778)
awahls@kirkland.com
Ian J. Block (IL Bar No. 6299117)
ian.block@kirkland.com
Jay J. Emerick (IL Bar No. 6312746)
jay.emerick@kirkland.com
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Telephone: (312) 862-2000
Facsimile: (312) 862-2200

Gregg F. LoCascio, P.C. (admitted pro hac vice)
glocascio@kirkland.com
KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, D.C. 20005-5793
Telephone: (202) 879-5000
Facsimile: (202) 879-5200

Counsel for Plaintiffs Dyson, Inc. and
Dyson Technology Limited



Case: 1:14-cv-00779 Document #: 35 Filed: 05/06/14 Page 2 of 3 PageID #:154


CERTIFICATE OF SERVICE
I hereby certify that on May 6, 2014, the foregoing document was filed electronically
through the Courts Electronic Case Filing System. Service of this document is being made upon
all counsel of record in this case by the Notice of Electronic Filing issued through the Courts
Electronic Case Filing System on this date.

By: /s/ Bryan S. Hales, P.C.



Case: 1:14-cv-00779 Document #: 35 Filed: 05/06/14 Page 3 of 3 PageID #:155




EXHIBIT A
Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 1 of 9 PageID #:156


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DYSON, INC. and
DYSON TECHNOLOGY LIMITED,

Plaintiffs and
Counterclaim-Defendants,

v.

EURO-PRO OPERATING LLC and
EURO-PRO SALES COMPANY,

Defendants and
Counterclaim-Plaintiffs.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 14-cv-779

Judge John W. Darrah

JURY TRIAL DEMANDED

AMENDED COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Dyson, Inc. and Dyson Technology Limited (collectively, Dyson) file this
Amended Complaint for Patent Infringement against Defendants Euro-Pro Operating LLC and
Euro-Pro Sales Company (collectively, Euro-Pro), hereby demand a jury trial, and allege as
follows:
NATURE OF THE ACTION

1. This is a civil action for infringement. This action is based upon the patent laws of
the United States, 35 U.S.C. 1 et seq.
THE PARTIES
2. Plaintiff Dyson, Inc. is an Illinois corporation with its principal place of business
in Chicago, Illinois.
3. Plaintiff Dyson Technology Limited is a private limited company organized and
existing under the laws of England and Wales, with its principal place of business in
Malmesbury, United Kingdom.
Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 2 of 9 PageID #:157

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4. On information and belief Defendant Euro-Pro Operating LLC is a limited
liability company organized under the laws of the state of Delaware with an office and principal
place of business located at 180 Wells Avenue, Newton, Massachusetts 02459.
5. On information and belief Defendant Euro-Pro Sales Company is a corporation
organized under the laws of the state of Delaware with an office and principal place of business
located at 180 Wells Avenue, Newton, Massachusetts 02459.
JURISDICTION AND VENUE
6. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331 and 1338(a).
7. This Court has personal jurisdiction over Euro-Pro because Euro-Pro has
conducted and is conducting substantial business in this Judicial District, both generally and with
respect to the allegations in this Complaint, and Euro-Pro has committed one or more acts of
infringement in this District.
8. Venue is proper in this District under 28 U.S.C. 1391(b)(c) and 1400(b)
because Euro-Pro has regularly conducted business in this District and has committed, and is
continuing to commit, acts of patent infringement in this District by making, using, importing,
selling, or offering to sell vacuum cleaners, accessories, and parts that infringe Dysons patents.
THE PATENTS
9. On September 25, 2012, United States Patent No. D668,010 (the 010 patent),
entitled VACUUM CLEANER (Exhibit A), duly and legally issued.
10. Dyson Technology Limited owns all rights, title, and interest in and to the 010
patent and has the right to sue and recover for past, present, and future infringement.
Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 3 of 9 PageID #:158

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11. Under a license to the 010 patent from Dyson Technology Limited, Dyson, Inc.
sells and distributes Dyson vacuum cleaners, accessories, and parts in the United States.
12. On October 9, 2012, United States Patent No. D668,823 (the 823 patent),
entitled VACUUM CLEANER (Exhibit B), duly and legally issued.
13. Dyson Technology Limited owns all rights, title, and interest in and to the 823
patent and has the right to sue and recover for past, present, and future infringement.
14. Under a license to the 823 patent from Dyson Technology Limited, Dyson, Inc.
sells and distributes Dyson vacuum cleaners, accessories, and parts in the United States.
15. On September 16, 2008, United States Patent No. D577,163 (the 163 patent),
entitled CLEANING APPLIANCE (Exhibit C), duly and legally issued.
16. Dyson Technology Limited owns all rights, title, and interest in and to the 163
patent and has the right to sue and recover for past, present, and future infringement.
17. Under a license to the 163 patent from Dyson Technology Limited, Dyson, Inc.
sells and distributes Dyson vacuum cleaners, accessories, and parts in the United States.

COUNT I - INFRINGEMENT OF THE 010 PATENT
18. Paragraphs 1 through 17 are incorporated by reference as though fully stated
herein.
19. Euro-Pro has manufactured, used, imported, offered for sale, or sold vacuum
cleaners, accessories, and parts, including at least the Shark Rocket and its accessories and parts,
that directly or indirectly infringe, either literally or under the doctrine of equivalents, at least the
claim of the 010 patent in violation of 35 U.S.C. 271.
Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 4 of 9 PageID #:159

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20. Euro-Pros infringement has damaged and continues to damage and injure Dyson.
The injury to Dyson is irreparable and will continue unless and until Euro-Pro is enjoined from
further infringement.
21. Euro-Pro has engaged and is engaging in willful and deliberate infringement of
the 010 patent. Such willful and deliberate infringement justifies an increase of three times the
damages to be assessed pursuant to 35 U.S.C. 284 and further qualifies this action as an
exceptional case supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.

COUNT II - INFRINGEMENT OF THE 823 PATENT
22. Paragraphs 1 through 17 are incorporated by reference as though fully stated
herein.
23. Euro-Pro has manufactured, used, imported, offered for sale, or sold vacuum
cleaners, accessories, and parts, including at least the Shark Rocket and its accessories and parts,
that directly or indirectly infringe, either literally or under the doctrine of equivalents, at least the
claim of the 823 patent in violation of 35 U.S.C. 271.
24. Euro-Pros infringement has damaged and continues to damage and injure Dyson.
The injury to Dyson is irreparable and will continue unless and until Euro-Pro is enjoined from
further infringement.
25. Euro-Pro has engaged and is engaging in willful and deliberate infringement of
the 823 patent. Such willful and deliberate infringement justifies an increase of three times the
damages to be assessed pursuant to 35 U.S.C. 284 and further qualifies this action as an
exceptional case supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.

Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 5 of 9 PageID #:160

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COUNT III - INFRINGEMENT OF THE 163 PATENT
26. Paragraphs 1 through 17 are incorporated by reference as though fully stated
herein.
27. Euro-Pro has manufactured, used, imported, offered for sale, or sold vacuum
cleaners, accessories, and parts, including at least the Shark Rocket and its accessories and parts,
that directly or indirectly infringe, either literally or under the doctrine of equivalents, at least the
claim of the 163 patent in violation of 35 U.S.C. 271.
28. Euro-Pros infringement has damaged and continues to damage and injure Dyson.
The injury to Dyson is irreparable and will continue unless and until Euro-Pro is enjoined from
further infringement.
29. Euro-Pro has engaged and is engaging in willful and deliberate infringement of
the 163 patent. Such willful and deliberate infringement justifies an increase of three times the
damages to be assessed pursuant to 35 U.S.C. 284 and further qualifies this action as an
exceptional case supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff Dyson prays that this Court:
A. Enter a judgment that Euro-Pro has infringed, actively induced others to infringe,
and/or contributorily infringed the 010, 823, and 163 patents;
B. Award Dyson damages in an amount sufficient to compensate Dyson for Euro-
Pros infringement, active inducement of others infringement, and/or contributory infringement
of the 010, 823, and 163 patents, but not less than a reasonable royalty;
C. Award Dyson prejudgment interest pursuant to 35 U.S.C. 284.
Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 6 of 9 PageID #:161

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D. Award Dyson the total profits from Euro-Pros infringing sales pursuant to 35
U.S.C. 289, by reason of Euro-Pros infringement of the 010, 823, and 163 patents.
E. Award Dyson increased damages pursuant to 35 U.S.C. 284, in an amount not
less than three times the amount of actual damages awarded to Dyson, by reason of Euro-Pros
willful infringement of the 010, 823, and 163 patents;
F. Enter a permanent injunction enjoining Euro-Pro, its officers, directors, servants,
managers, employees, agents, attorneys, successors and assignees, and all persons in active
concert or participation with any of them, from further acts of infringement of the 010, 823,
and 163 patents, pursuant to 35 U.S.C. 283;
G. Declare this case exceptional under 35 U.S.C. 285 and award Dyson its
reasonable attorneys fees, expenses, and costs incurred in prosecuting this action; and
H. Grant Dyson such other and further relief as this Court may deem just and proper.
JURY DEMAND

Dyson hereby demands a jury trial on all issues appropriately triable by a jury.

Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 7 of 9 PageID #:162

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Dated: May 6, 2014 Respectfully submitted,


By: /s/ Bryan S. Hales, P.C.
Bryan S. Hales, P.C. (IL Bar No. 6243060)
bhales@kirkland.com
Ann Marie T. Wahls (IL Bar No. 6275778)
awahls@kirkland.com
Ian J. Block (IL Bar No. 6299117)
ian.block@kirkland.com
Jay J. Emerick (IL Bar No. 6312746)
jay.emerick@kirkland.com
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Telephone: (312) 862-2000
Facsimile: (312) 862-2200

Gregg F. LoCascio, P.C. (admitted pro hac vice)
glocascio@kirkland.com
KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, D.C. 20005-5793
Telephone: (202) 879-5000
Facsimile: (202) 879-5200

Counsel for Plaintiffs Dyson, Inc. and
Dyson Technology Limited



Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 8 of 9 PageID #:163


CERTIFICATE OF SERVICE
I hereby certify that on May 6, 2014, the foregoing document was filed electronically
through the Courts Electronic Case Filing System. Service of this document is being made upon
all counsel of record in this case by the Notice of Electronic Filing issued through the Courts
Electronic Case Filing System on this date.

By: /s/ Bryan S. Hales, P.C.



Case: 1:14-cv-00779 Document #: 35-1 Filed: 05/06/14 Page 9 of 9 PageID #:164


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DYSON, INC. and
DYSON TECHNOLOGY LIMITED,

Plaintiffs and
Counterclaim-Defendants,

v.

EURO-PRO OPERATING LLC and
EURO-PRO SALES COMPANY,

Defendants and
Counterclaim-Plaintiffs.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 14-cv-779

Judge John W. Darrah

JURY TRIAL DEMANDED

[PROPOSED] ORDER GRANTING PLAINTIFFS DYSON, INC.
AND DYSON TECHNOLOGY LIMITEDS UNOPPOSED
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
This Court has reviewed Plaintiffs Dyson, Inc. and Dyson Technology Limiteds
(collectively, Dyson) Unopposed Motion for Leave to File Amended Complaint. Having
found that good cause has been shown, this Court hereby GRANTS the motion, and accordingly
directs Dyson to file the Amended Complaint for Patent Infringement.

IT IS SO ORDERED.

Dated: , 2014
The Honorable John W. Darrah
United States District Judge

Case: 1:14-cv-00779 Document #: 35-2 Filed: 05/06/14 Page 1 of 1 PageID #:165