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IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ANCHOR WALL SYSTEMS, INC.

a Minnesota corporation, and ANCHOR BLOCK COMPANY A Minnesota corporation, Plaintiffs, v. KEYSTONE RETAINING WALL SYSTEMS, INC. a Minnesota corporation, and NORTH STAR STONE AND MASONRY, a Minnesota corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. ________________

COMPLAINT

(Jury Trial Demanded)

_______________________________

Plaintiff Anchor Wall Systems, Inc., and Anchor Block Company, for their Complaint, state and alleges as follows: THE PARTIES 1. Plaintiff, Anchor Wall Systems, Inc. (Anchor Wall), is a corporation organized

and existing under the laws of Minnesota and having its principal place of business at 5959 Baker Road, Minnetonka, Minnesota 55345. 2. Plaintiff, Anchor Block Company (ABC), is a corporation organized and

existing under the laws of Minnesota and having a principal place of business at 5959 Baker Road, Minnetonka, Minnesota 55345. 3. Defendant, Keystone Retaining Wall Systems, Inc. (Keystone), is, upon

information and belief, a corporation organized and existing pursuant to the laws of the state of

Minnesota with its principal place of business at 4444 West 78th Street, Minneapolis, Minnesota 55435. 4. Defendant, North Star Stone and Masonry (North Star), is, upon information

and belief, a Minnesota business having an address at 2025 Centre Pointe Blvd #300, Mendota Heights, MN, 55120 according to information available at the Minnesota Secretary of State website and having businesses operating at 54090 Loren Drive, Mankato, MN 56001, and 2173 NW 76th St, Medford, MN 55049, and 3705 Enterprise Dr SW, Rochester, MN 55902.

JURISDICTION 5. This pleads causes of action under the Acts of Congress relating to patents, 35

U.S.C. 271, 283-285. This Court has jurisdiction under 35 U.S.C. 1331 and 1338. COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,321,740 6. On November 27, 2001, United States Patent No. 6,321,740 (the 740 patent),

entitled Block Splitter Assembly was duly and legally issued to Anchor Wall as assignee of the inventors, Ronald James Scherer and David M. LaCroix. Anchor Wall is the owner of the entire right, title, and interest in and to the 740 patent, and has been and still is the owner thereof. ABC is a licensee under the 740 patent with the right to recover damages in this case. A copy of the 740 patent is attached hereto as Exhibit A.
7.

According to pleadings filed by Keystone in the United States District Court for

the District of Minnesota, Keystone is in the business of providing products and services that offer
retaining wall systems solutions for governmental, commercial/industrial, recreational, public works and residential applications.

8.

Upon information and belief, Keystone has manufactured, used, offered for sale,

and/or sold in the United States (and/or induced and/or contributed to others making, using, offering for sale, and/or selling in the United States) one or more block splitter assemblies that are covered by one or more claims of the 740 patent, including without limitation assemblies used to manufacture blocks advertised and sold under the name Verazzo Stone or blocks advertised and sold as having been manufactured with Keystone JAWS technology, and Keystone continues to manufacture, use, offer to sell and/or sell (and/or induce and/or contribute to others making, using, offering for sale and/or selling) such block splitter assemblies. 9. Upon information and belief, Defendant North Star has manufactured, used,

offered to sell, and/or sold in the United States one or more block splitter assemblies that are covered by one or more claims of the 740 patent, including without limitation assemblies used to manufacture blocks under the names Verazzo Stone, and Defendant North Star continues to manufacture, use, offer to sell and/or sell such block splitter assemblies. 10. Defendants aforesaid activities have been without authority and/or license from

Anchor Wall and ABC, and, therefore, constitute infringement of the 740 patent. 11. Anchor Wall and ABC have been damaged by Defendants infringement of the

740 patent and will continue to be damaged in the future unless Defendants are enjoined from infringing the 740 patent. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,967,001 12. On June 28, 2011, United States Patent No. 7,967,001 (the 001 patent), entitled

Block Splitting Assembly and Method was duly and legally issued to Anchor Wall as assignee of the inventors, Ronald J. Scherer, David Matthew LaCroix, Michael J. Hogan, and Glenn C.

Bolles. Anchor Wall is the owner of the entire right, title, and interest in and to the 001 patent, and has been and still is the owner thereof. ABC is a licensee under the 001 patent with the right to recover damages in this case. A copy of the 001 patent is attached hereto as Exhibit B. 13. Upon information and belief, Keystone has manufactured, used, offered for sale,

and/or sold in the United States (and/or induced and/or contributed to others making, using, offering for sale, and/or selling in the United States) one or more block splitter assemblies that are covered by one or more claims of the 001 patent, including without limitation assemblies used to manufacture blocks advertised and sold under the name Verazzo Stone or blocks advertised and sold as having been manufactured with Keystone JAWS technology, and Keystone continues to manufacture, use, offer to sell and/or sell (and/or induce and/or contribute to others making, using, offering for sale and/or selling) such block splitter assemblies. 14. Upon information and belief, Defendant North Star has manufactured, used,

offered to sell, and/or sold in the United States one or more block splitter assemblies that are covered by one or more claims of the 001 patent, including without limitation assemblies used to manufacture blocks under the names Verazzo Stone, and Defendant North Star continues to manufacture, use, offer to sell and/or sell such block splitter assemblies. 15. Defendants aforesaid activities have been without authority and/or license from

Anchor Wall and ABC, and, therefore, constitute infringement of the 001 patent. 16. Anchor Wall and ABC have been damaged by Defendants infringement of the

001 patent and will continue to be damaged in the future unless Defendants are enjoined from infringing the 001 patent.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs Anchor Wall Systems, Inc. and Anchor Block Company pray for the following relief: A. B. C. A judgment that Defendants have infringed United States Patent No. 6,321,740; A judgment that Defendants have infringed United States Patent no. 7,967,001; Preliminary and permanent injunctions enjoining and restraining Defendants, their

officers, directors, agents, servants, employees, attorneys and all others acting under or through them from directly infringing or inducing or contributing to infringement, including indemnifying or defending other infringements of United States Patent No. 6,321,740; D. Preliminary and permanent injunctions enjoining and restraining Defendants, their

officers, directors, agents, servants, employees, attorneys and all others acting under or through them from directly infringing or inducing or contributing to infringement, including indemnifying or defending other infringements of United States Patent No. 7,967,001; E. A judgment and order requiring Defendant to pay damages, with interest and

costs, and including any appropriate enhanced damages; F. An award of the costs and legal fees associated with this action, as permitted in

exceptional cases by, for example, 35 U.S.C. 285; and G. Such other and further relief as this Court may deem just and equitable.

Respectfully submitted,

Dated: September 7, 2011

ANCHOR WALL SYSTEMS, INC. and ANCHOR BLOCK COMPANY By their attorneys,

s/ Dennis C. Bremer Alan G. Carlson (MN ID #14,801) Dennis C. Bremer (MN ID #299,182) CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.C. 225 South Sixth Street, Suite 3200 Minneapolis, Minnesota 55402 Ph. (612) 436-9600 Fx. (612) 436-9605 Email: acarlson @ccvl.com Email: dbremer@ccvl.com

Of Counsel: Douglas A. Strawbridge, MN Reg. #106318 ANCHOR WALL SYSTEMS, INC. 5959 Baker Road, Suite 390 Minnetonka, Minnesota 55345-5973 Phone: (952) 933-8855 Fax: (952) 938-4114