UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Whirlpool Corporation Plaintiff, v. Swift Green Filters, Ltd., and WaterFilters.

NET LLC Defendants. Civ. Action No. ______________________ DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff complains of Defendants and alleges as follows: PARTIES 1. Plaintiff Whirlpool Corporation (Whirlpool) is a Delaware corporation

having its principal place of business at 2000 North M-63, Benton Harbor, Michigan 49022. 2. Defendant Swift Green Filters, Ltd. (Swift), upon information and belief,

is a company organized and existing under the laws of the province of British Columbia, Canada, and has offices at 150-11938 Bridgeport Road, Richmond, BC, Canada. 3. Defendant WaterFilters.NET LLC (Waterfilters.NET), upon information

and belief, is a Minnesota corporation with offices at 560 22nd Street, Zumbrota, MN 55992.

JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States, 35 U.S.C. 1,

et seq. This action is brought pursuant to 35 U.S.C. 271, et seq. 5. This Court has jurisdiction over the subject matter of this case pursuant to

28 U.S.C. 1331, 1332, and 1338. 6. This Court has personal jurisdiction over Swift because, inter alia, Swift

has committed acts of infringement in Minnesota. 7. This Court has personal jurisdiction over Waterfilters.NET because, inter

alia, Waterfilters.NET is a Minnesota corporation and has committed acts of infringement in Minnesota. 8. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c)

and 1400 because, inter alia, personal jurisdiction over Swift and/or Waterfilters.NET is proper in this District. FIRST CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 7,000,894 9. Whirlpool is the owner of U.S. Patent No. 7,000,894 (the 894 patent),

which is directed to filter cartridges and end pieces thereof. A copy of the 894 patent is attached as Exhibit A to this Complaint. 10. Swift infringes at least one claim of the 894 patent, and/or Swift induces

or contributes to infringement(s) of at least one claim of the 894 patent by one or more others, by its manufacture, use, offer for sale, sale, and/or import of one or more products that infringe the 894 patent, including at least the SGF-W71 product.

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Swift will continue to directly and/or indirectly infringe the 894 patent

unless enjoined by this Court. 12. Whirlpool has suffered and will continue to suffer monetary damages as

a result of Swifts infringing activities. 13. Whirlpool has suffered and will continue to suffer irreparable harm as a

result of Swifts infringing activities. 14. Waterfilters.NET infringes at least one claim of the 894 patent, and/or

Waterfilters.NET induces or contributes to infringement(s) of at least one claim of the 894 patent by one or more others, by its manufacture, use, offer for sale, sale, and/or import of one or more products that infringe the 894 patent, including at least the SGFW71 product. 15. Waterfilters.NET will continue to directly and/or indirectly infringe the

894 patent unless enjoined by this Court. 16. Whirlpool has suffered and will continue to suffer monetary damages as

a result of Waterfilters.NETs infringing activities. 17. Whirlpool has suffered and will continue to suffer irreparable harm as a

result of Waterfilters.NETs infringing activities. 18. Whirlpool is entitled to damages for Swift and Waterfilters.NETs direct

and/or indirect infringement, including, but not limited to, all damages available at law and equity, including damages pursuant to 35 U.S.C. 284 and 285. 19. Whirlpool is entitled to all remedies at law and equity, including, but not

limited to, an injunction pursuant to 35 U.S.C. 283.

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SECOND CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 7,610,932 20. Whirlpool is the owner of U.S. Patent No. 7,610,932 (the 932 patent),

which is directed to filter cartridges and end pieces thereof. A copy of the 932 patent is attached as Exhibit B to this Complaint. 21. Swift infringes at least one claim of the 932 patent, and/or Swift induces

or contributes to infringement(s) of at least one claim of the 932 patent by one or more others, by its manufacture, use, offer for sale, sale, and/or import of one or more products that infringe the 932 patent, including at least the SGF-W71 product. 22. Swift will continue to directly and/or indirectly infringe the 932 patent

unless enjoined by this Court. 23. Whirlpool has suffered and will continue to suffer monetary damages as

a result of Swifts infringing activities. 24. Whirlpool has suffered and will continue to suffer irreparable harm as a

result of Swifts infringing activities. 25. Waterfilters.NET infringes at least one claim of the 932 patent, and/or

Waterfilters.NET induces or contributes to infringement(s) of at least one claim of the 932 patent by one or more others, by its manufacture, use, offer for sale, sale, and/or import of one or more products that infringe the 932 patent, including at least the SGFW71 product. 26. Waterfilters.NET will continue to directly and/or indirectly infringe the

932 patent unless enjoined by this Court.

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Whirlpool has suffered and will continue to suffer monetary damages as

a result of Waterfilters.NETs infringing activities. 28. Whirlpool has suffered and will continue to suffer irreparable harm as a

result of Waterfilters.NETs infringing activities. 29. Whirlpool is entitled to damages for Swift and Waterfilters.NETs direct

and/or indirect infringement, including, but not limited to, all damages available at law and equity, including damages pursuant to 35 U.S.C. 284 and 285. 30. Whirlpool is entitled to all remedies at law and equity, including, but not

limited to, an injunction pursuant to 35 U.S.C. 283. JURY DEMAND 31. Whirlpool requests a trial by jury on all issues so triable. PRAYER FOR RELIEF WHEREFORE, Whirlpool respectfully asks this Court to grant the following relief: A. Enter judgment that Swift and Waterfilters.NET have directly and/or

indirectly infringed the 894 patent and the 932 patent; B. Preliminarily and permanently enjoin Swift and Waterfilters.NET and their

officers, agents, servants, employees, and attorneys, and those in active concert or participation with them who receive actual notice of the Order (their Affiliates) from manufacturing, using, offering for sale, selling and/or importing devices that infringe the 894 patent and the 932 patent and from contributing to or inducing infringement of the 894 patent and the 932 patent;
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C.

Award Whirlpool monetary damages adequate to compensate it for Swift

and Waterfilters.NETs infringement of the 894 patent and the 932 patent, direct or indirect, consistent with 35 U.S.C. 284 and to the fullest extent allowed by law; D. Declare this case exceptional and award up to and including treble the

amount of damages, together with fees, costs, and prejudgment interest; E. Award Whirlpools costs and expenses of this suit, including reasonable

attorneys and expert fees, pursuant to 35 U.S.C. 285; and F. Award Whirlpool all other just and proper relief.

Dated: September 16, 2011

s/Aaron A. Myers Aaron A. Myers (#0311959) Barnes & Thornburg LLP 225 South Sixth Street, Suite 2800 Minneapolis, MN 55402 Phone: (612) 333-2111 Fax: (612) 333-6798 Email: aaron.myers@btlaw.com OF COUNSEL Paul B. Hunt Jeffrey T.G. Kelsey Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 Phone: (317) 231-1313 Facsimile: (317) 231-7433 paul.hunt@btlaw.com jeffrey.kelsey@btlaw.com Attorneys for Whirlpool Corporation