Case 1:11-at-99999 Document 72 (Court only)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION ELECTRO-MECHANICAL CORPORATION, Plaintiff, v. POWER DISTRIBUTION PRODUCTS, INC., BECKER MINING AMERICA, INC., and SMC ELECTRICAL PRODUCTS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No.________________

COMPLAINT FOR WILLFUL PATENT INFRINGEMENT NOW COMES plaintiff, Electro-Mechanical Corporation (hereinafter referred to as EMC), and for its Complaint against defendants, Power Distribution Products, Inc. (hereinafter referred to as PDP), Becker Mining America, Inc. (hereinafter referred to as Becker), and SMC Electrical Products, Inc. (hereinafter referred to as SMC), states as follows: 1. This is a claim for patent infringement arising under the patent laws of the United

States, Title 35 of the Unites States Code. Plaintiff EMC seeks a full range of remedies for the willful infringement of U.S. Patent No. 7,277,294 entitled Contactor Draw Out Tray (the 294 patent) by defendants PDP, Becker, and SMC as a result of their manufacturing, using, marketing, selling, and/or offering for sale products that infringe one or more claims of the 294 patent. A copy of the 294 patent is attached hereto as Exhibit A. PARTIES 2. Plaintiff EMC is a Virginia corporation with its principal place of business located

in Bristol, Virgina. EMC is the owner by assignment of all right, title and interest in the 294 patent and has standing to sue for its infringement.
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3.

Defendant PDP is a Virginia corporation with its principal place of business

located in Chilhowie, Virginia. Upon information and belief, PDP is an agent or affiliate of both SMC and Becker, and PDP has corporate officers or agents who are also corporate officers or agents of SMC and/or Becker. 4. Defendant Becker is a Delaware corporation that is registered to do business in

the Commonwealth of Virginia, but has its principal place of business located in Huntington, West Virginia. Upon information and belief, Becker is an agent or affiliate of both PDP and SMC, and Becker has corporate officers or agents who are also corporate officers or agents of PDP and/or SMC. 5. Defendant SMC is a West Virginia corporation with its principal place of business

located in Huntington, West Virginia. Upon information and belief, SMC is an agent or affiliate of both PDP and Becker, and SMC has corporate officers or agents who are also corporate officers or agents of PDP and/or Becker. JURISDICTION AND VENUE 6. This Court has jurisdiction over the subject matter of this lawsuit under 28 U.S.C.

1331 and/or 1338. 7. Personal jurisdiction over the defendants is proper in that each of them or their

agents either (a) is a corporate citizen of the Commonwealth of Virginia; or (b) upon information and belief, has committed acts of infringement in Virginia; or (c) upon information and belief, regularly does or solicits business, or engages in other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this Commonwealth,

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and such activities constituted the purposeful availment of the privilege of doing business in this Commonwealth. 8. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and/or

1400(b). Venue is proper in the Abingdon Division of this Court because defendant PDP maintains its principal place of business in Smyth County, Virginia. FACTUAL BACKGROUND 9. Plaintiff EMC is in the business of, among other things, designing,

manufacturing, and marketing electrical products that are used to provide power to underground mining equipment. One such product is the Line Power -- Down Time Saver line of products (hereinafter the DTS products) which are compact, removable voltage feeders. One or more of the commercially available and successful DTS products are covered by one or more claims of the 294 patent, and EMC has spent significant resources on the design, development, marketing, promotion and protection of its patented DTS products. 10. Defendants PDP, Becker, and SMC are all in direct competition with EMC in that

the defendants also design, manufacture and market electrical products that are used to provide power to underground mining equipment. 11. Upon information and belief, during the summer of 2011, defendants PDP,

Becker, and SMC jointly sponsored and operated a booth at a trade show in Pittsburgh, Pennsylvania. At that trade show, these defendants marketed, promoted and offered for sale a product identified as the CS-5 Motorized 5KV Disconnect Switch Contactor Assembly (hereinafter the infringing product), which is very similar to EMCs patented DTS products

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and, upon information and belief, includes all of the elements of one or more claims of the 294 patent. 12. After seeing the infringing product at the Pittsburgh trade show, counsel for EMC

contacted counsel for defendants and notified defendants of EMCs belief that defendants infringing product infringes one or more claims of the 294 patent. 13. In September 2011, defendants PDP, Becker, and SMC again jointly sponsored

and operated a booth at a trade show, this time in Bluefield, West Virginia. At the Bluefield trade show, these defendants again marketed, promoted and offered for sale the infringing product. COUNT I WILLFUL INFRINGEMENT OF THE 294 PATENT 14. 15. 16. Paragraphs 1-13 of this Complaint are incorporated herein by reference. EMC has complied with the marking requirements of 35 U.S.C. 287. Defendants PDP, Becker, and SMC on information and belief, are infringing one

or more claims of the 294 patent in violation of 35 U.S.C. 271(a) by making, using, selling, offering for sale and/or importing into the United States, without license or authority, the infringing product. 17. Defendants PDP, Becker, and SMC on information and belief, are infringing one

or more claims of the 294 patent in violation of 35 U.S.C. 271(b) and/or (c) by actively inducing others to infringe and/or contributing to the infringement by others in the making, using, selling, offering for sale and/or importing into the United States, without license or authority, the infringing product.
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18.

On information and belief, PDPs, Beckers, and SMCs infringement of the 294

patent has taken place with knowledge of the 294 patent and has been willful, deliberate, and intentional. 19. As a result of defendants infringing activities, EMC has been and will continue to

be damaged and irreparably harmed unless and until such infringing activities are enjoined by this Court. WHEREFORE, EMC respectfully requests this Court: A. B. To enter judgment that defendants have infringed the 294 patent; To enter an order preliminarily and permanently enjoining defendants, and

their respective officers, agents, employees, representatives, and all persons in active concert or participation with any of them, from infringing the 294 patent; C. To award EMC damages in amounts sufficient to compensate it for

defendants infringement of the 294 patent, together with pre-judgment and post-judgment interest and costs, pursuant to 35 U.S.C. 284; D. infringement; E. To declare that this is an exceptional case under 35 U.S.C. 285 and to To treble the damages awarded to EMC by reason of defendants willful

award EMC its attorneys fees, expenses, and costs incurred in this action; and F. proper. To award EMC such other and further relief as this Court deems just and

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DEMAND FOR TRIAL BY JURY EMC demands trial by jury on all issues so triable. This the 27th day of September, 2011.

ELECTRO-MECHANICAL CORPORATION By Counsel CURCIO & STOUT P.O. Box 1478 Bristol, Virginia 24203 276) 466-3377 276) 669-4032 (FAX) pomrenke@bvunet.net /s/ Kurt J. Pomrenke, VSB #21771 Counsel for Plaintiff