1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY 17 18 19 20 21 22 23

Davis Wright Tremaine LLP

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) Plaintiffs, ) ) v. ) ROSENBOOM MACHINE & TOOL, INC., an ) ) Iowa Corporation, ) ) Defendant. _______________________________________ ) 1944 WEYER FAMILY LIMITED PARTNERSHIP, a Washington Limited Partnership; and HELAC CORPORATION, a Washington Corporation,

No. COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

TRIAL For its complaint against Rosenboom Machine & Tool, Inc. (Rosenboom), the 1994 Weyer Family Limited Partnership (Weyer Family LP) and Helac Corporation (Helac), collectively Plaintiffs, allege as follows. These allegations are made upon knowledge with respect to Plaintiffs and their own acts, and upon information and belief as to all other matters.

COMPLAINT FOR PATENT INFRINGEMENT 1

DWT 17419745v2 0059925-000001

L AW O F FI CE S Suite 2200 1201 Third Avenue

Seattle, Washington 98101-3045

(206) 622-3150 Fax: (206) 757-7700

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 5. 2. 1.

I.

NATURE OF THIS ACTION

This is a patent infringement action to redress Rosenbooms infringement of

a United States Patent that relates to an improved actuator. Plaintiffs seek injunctive relief and damages. II. JURISDICTION AND VENUE

This action arises under the patent laws of the United States, 35 U.S.C. 1

et seq. including 35 U.S.C. 271, 281-285. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 3. Rosenboom is subject to personal jurisdiction in this District because it

repeatedly places products into the stream of commerce within the District and has committed acts of patent infringement here resulting from the sale or offer for sale of products that are covered by one or more claims of Plaintiffs patent. 4. Venue is proper in this District pursuant to 28 U.S.C. 1391(a), (b) and

(c) and 1400(b). III. PARTIES

Weyer Family LP is a limited partnership organized under the laws of the

State of Washington having an address in Enumclaw, Washington. Weyer Family LP owns the patent asserted in this action and all rights of recovery under it, including the right to sue for infringement and to recover past damages. 6. Helac is a corporation organized under the laws of the State of Washington

with its principal place of business in Enumclaw, Washington. Helac is the exclusive licensee of the patent asserted in this action.

Davis Wright Tremaine LLP

COMPLAINT FOR PATENT INFRINGEMENT 2

DWT 17419745v2 0059925-000001

L AW O F FI CE S Suite 2200 1201 Third Avenue

Seattle, Washington 98101-3045

(206) 622-3150 Fax: (206) 757-7700

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

7.

Rosenboom is a corporation organized under the laws of the State of Iowa

having a principal place of business in Sheldon, Iowa. IV. 8. PLAINTIFFS AND THEIR RIGHTS

Weyer Family LP is the assignee of United States Patent No. 5,447,095

(the 095 patent), which was duly issued by the United Stated Patent and Trademark Office on September 5th, 1995. The 095 patent is in full force and effect. A copy of the 095 patent is attached as Exhibit 1. 9. Helac is the exclusive licensee of the 095 patent. Helac sells actuators

protected by the 095 patent. Helac and Rosenboom are direct competitors with respect to the actuators at issue. V. 10. ROSENBOOM'S WRONGFUL ACTIVITIES

Rosenboom manufactures and sells an actuator it identifies as a Helical

Rotary Actuator and incorporates it into a cart tipper. The cart tippers with the Helical Rotary Actuator are sold to a customer who sells them as part of a complete system to municipalities and other customers in Washington State, including ones in this District. 11. Rosenboom has infringed and continues to infringe one or more claims of

the 095 patent by making, using, importing, selling and/or offering for sale in this District and elsewhere in the United States products including the Helical Rotary Actuator, and actively inducing infringement by others. 12. Rosenboom does not have a license to make, use, import, sell, or offer to

sell products covered by the 095 patent.

Davis Wright Tremaine LLP

COMPLAINT FOR PATENT INFRINGEMENT 3

DWT 17419745v2 0059925-000001

L AW O F FI CE S Suite 2200 1201 Third Avenue

Seattle, Washington 98101-3045

(206) 622-3150 Fax: (206) 757-7700

1 2 13. 3 12 as if fully set forth herein. 4 14. 5

COUNT I PATENT INFRINGEMENT Plaintiffs reallege each of the allegations contained in paragraphs 1 through

Rosenboom has infringed the 095 patent in violation of the patent laws of

the United States, 35 U.S.C. 271 and 281-285. 6 15. 7 suffering, and will continue to suffer irreparable damage, and unless Rosenboom is 8 restrained from continuing its wrongful acts, the damage to Plaintiffs will continue. 9 16. 10 Rosenbooms infringement of the 095 patent. 11 17. 12 at trial and other such relief as requested below. 13 VI. 14 Plaintiffs hereby demand a trial by jury of all issues so triable. 15 VII. 16 WHEREFORE, Plaintiffs respectfully request the following alternative and 17 cumulative relief: 18 a. 19 more claims of the 095 patent; 20 b. 21 permanent injunction thereafter enjoining Rosenboom and its agents, attorneys, servants, 22 successors, assigns, employees, and all those in privy or in active concert and participation 23 with them, or any of them, from: infringing any claim of the 095 patent by making, using,
Davis Wright Tremaine LLP

Because of Rosenbooms acts alleged herein, Plaintiffs have suffered, are

Plaintiffs have been and will continue to be irreparably harmed by

Plaintiffs are entitled to an award of damages in an amount to be determined

JURY TRIAL DEMAND

PRAYER FOR RELIEF

A judgment that Rosenboom has infringed and continues to infringe one or

A preliminary injunction during the pendency of this action and a

COMPLAINT FOR PATENT INFRINGEMENT 4

DWT 17419745v2 0059925-000001

L AW O F FI CE S Suite 2200 1201 Third Avenue

Seattle, Washington 98101-3045

(206) 622-3150 Fax: (206) 757-7700

1 2 3 4 5 6 7 8 9 10 11 12

selling, offering to sell, or importing any infringing product, including without limitation the Helical Rotary Actuator manufactured, used, sold, offered for sale, or imported by or for Rosenboom; c. An award of damages to Plaintiffs adequate to compensate them for

Rosenbooms infringement of the 095 patent, but in no event less than a reasonable royalty, with the award of damages increased by up to three times the amount found or assessed; d. e. 285; and f. Such other and further relief as this Court may deem just and proper. Prejudgment interest; Costs of suit, including reasonable attorneys fees, pursuant to 35 U.S.C.

DATED this 24th day of June, 2011. 13 14 15 16 17 18 19 20 21 22 23

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP Attorneys for Plaintiffs

By

s/F. Ross Boundy F. Ross Boundy, WSBA # 403 George C. Rondeau, Jr., WSBA # 13199 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: (206) 757-8201 Fax: (206) 757-7201 E-mail: rossboundy@dwt.com georgerondeau@dwt.com

COMPLAINT FOR PATENT INFRINGEMENT 5

DWT 17419745v2 0059925-000001

L AW O F FI CE S Suite 2200 1201 Third Avenue

Seattle, Washington 98101-3045

(206) 622-3150 Fax: (206) 757-7700