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LTNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CUTSFORTH,INC., Plaintiff.
V.

civil Action No.

la An

JILA,

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FULMER COMPANY LLC and WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION.


Defendants.

JURY TRIAL DEMANDED

COMPLAINT
Plaintiff Cutsforth, Inc., by way of its Complaint against Defendants Fulmer Company

LLC and Westinghouse Air Brake Technologies Corporation, states and alleges NATURE OF THE ACTION

as follows:

1.

This is an action for patent infringement, arising under the patent laws of the

United States, 35 U.S.C. $$ 1 et seq.

THE PARTIES

2.

Plaintiff Cutsforth, Inc. ("Cutsforth") is a corporation organized and existing

under the laws of the state of Miruresota. Cutsforth has a principal place of business at 37837 Rock Haven Road, Cohasset, MN 55721-8912. Cutsforth also has a distribution and field service facility at785412th Ave South, Bloomington, MN 55425.

3.

Defendant Westinghouse Air Brake Technologies Corporation ("Wabtec"), upon

information and belief, is a corporation organized and existing under the laws of the state of
Pennsylvania and has its principle place of business at 1001 Air Brake Avenue, Wilmerding, PA
1

148.

4.

Defendant Fulmer Company LLC ("Fulmer"), upon information and belief, is a

corporation organized and existing under the laws of the state of Pennsylvania, and has its

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principal place of business at 3004 Venture Court, Westmoreland Industrial Park III, Export, PA rs632.

5.

Fulmer's website (www.fulmercorqpany.com) states Fulmer is a Wabtec

Company. Wabtec acquired Fulmer on November 18,

20IL

JURISDICTION AND VENUE

6. .

This Court has original jurisdiction of claims for patent infringement, arising

under the patents laws of the United Sates, pursuant to 28 U.S.C. $$ 1331 and 1338(a).
7

This Court has personal jurisdiction over Fulmer and Wabtec under the Minnesota

Long Arm Statute, Minn. Stat. $ 543.19. Fulmer maintains a website, http://www.fulmercompany.com. On its homepage, Fulmer states, "Our dedication to total quality control has enabled our company to grow from a small, regional manufacturer to one currently serving customers throughout the U.S., Canada and international markets."

Additionally, upon information and belief, Fulmer and Wabtec have made products that have
been sold into Minnesota. Defendants Fulmer and Wabtec have also caused injuty to Cutsforth,
a corporation having its principal place of business in Minnesota,by

infringing Cutsforth's

patents as set forth below.

8.
and 1400(b).

Venue is proper in this District pursuant to at least 28 U.S.C. $$ 1391(b) and (c)

FIRST CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 7.122.935

9. 10.

Cutsforth restates and realleges paragraphs I .and 8 of this Complaint.


On October 17,2006, United States Patent No.7,122,935 ("the '935 patent"),

entitled "Brush Holder Apparatus, Brush Assembly, and Method," was duly and legally issued
bv the United States Patent and Trademark Office.

l.

Cutsforth owns the '935 patent. A true and correct copy of the '935 patent is

attached as Exhibit A to this Complaint.

12.

Defendants Fulmer and Wabtec have been infringing, actively inducing others to

infringe and/or contributing to the infringement of the '935 patent in the United States.
Defendants Fulmer and Wabtec make, use, sell, offer for sale and/or import brush holders,

including at least the FC-101 model brush holder, that infringe the '935 patent.

13. 14. 15.

Upon information and belief, Defendants Fulmer and Wabtec will continue to

infringe the '935 patent unless and until they are enjoined by this Court. Upon information and belief Defendants Fulmer and Wabtec's infringement has

been and continues to be

willful.

Cutsforth has been damaged by Defendants Fulmer and Wabtec's infringement of

the '935 patent and is suffering and will continue to suffer damage and irreparable harm as a
result until Defendants Fulmer and Wabtec are enjoined from infringing the '935 patent.

SECOND CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 7.141.906

16. 17.

Cutsforth restates and realleges paragraphs I through 8 of this Complaint.


On November 28,2006, United States Patent No. 7,141,906 ("the '906 patent"),

entitled "Brush Holder Apparatus, Brush Assembly, and Method," was duly and legally issued
by the United States Patent and Trademark Office.

18. 19.

Cutsforth owns the '906 patent. A true and correct copy of the '906 patent is

attached as Exhibit B to this Complaint.

Defendants Fulmer and Wabtec have been infringing, actively inducing others to

infringe and/or contributing to the infringement of the '906 patent in the United States.
Defendants Fulmer and Wabtec make, use, sell offer for sale and/or import brush holders,

including at least the FC-101 model brush holder, that infringe the '906 patent.

20.

Upon information and belief, Defendants Fulmer and Wabtec will continue to

infringe the '906 patent unless and until they are enjoined by this Court.

21. 22.

Upon information and belief, Defendants Fulmer and Wabtec's infringement has

been and continues to be

willful.

Cutsforth has been damaged by Defendants Fulmer and Wabtec's infringement of

the '906 patent and is suffering and will continue to suffer damage and ineparable harm as a
result until Defendants Fulmer and Wabtec are enjoined from infringing the '906 patent.

THIRD CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 7.990.018

23. 24.

Cutsforth restates and realleges paragraphs I through 8 of this Complaint


On August 2,201l, United Sates Patent No. 7,990,018 (the '018 patent"), entitled

"Brush Holder Apparatus, Brush Assembly, and Method," was duly and legally issued by the United States Patent and Trademark Offrce.

25. 26.

Cutsforth own the '018 patent. A true and correct copy of the '018 patent is

attached as Exhibit C to this Complaint.

Defendants Fulmer and Wabtec have been infringing, actively inducing others to

infringe and/or contributing to the infringement of the '018 patent in the United States.
Defendants Fulmer and Wabtec make, use, sell, offer for sale and/or import brush holders,

including at least the FC-101 model brush holders, that infringe the '018 patent.

27. 28. 29.

Upon information and belief, Defendants Fulmer and Wabtec will continue to

infringe the '018 patent unless and until they are enjoined by this Court. Upon information and belief, Defendants Fulmer and Wabtec's infringement has

been and continues to be

willful.

Cutsforth has been damaged by Defendants Fulmer and Wabtec's infringement of

the '018 patent and is suffering and will continue to suffer damage and irreparable harm as a result until Defendants Fulmer and Wabtec are enjoined from infringing the '018 patent.

FOURTH CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 7.417.354

30.

Cutsforth restates and realleges paragraphs

through 8 of this Complaint.

31.

On August 26,2008, United Sates Patent No. 7,417,354 (the '354 patent"),

entitled "Brush Holder Apparatus, Brush Assembly, and Method," was duly and legally issued
by the United States Patent and Trademark Offrce.

32. 33.

Cutsforth own the '354 patent A true and correct copy of the '354 patent is

attached as Exhibit D to this Complaint.

Defendants Fulmer and Wabtec have been infringing, actively inducing others to

infringe anilor contributing to the infringement of the '354 patent in the United States.
Defendants Fulmer and Wabtec make, use, sell, offer for sale and/or import brush holders,

including at least the FC-101 model brush holders, that infringe the '354 patent.

34. 35. 36.

Upon information and beliel Defendants Fulmer and Wabtec will continue to

infringe the '354 patent unless and until they are enjoined by this Court. Upon information and belief, Defendants Fulmer and Wabtech's infringement has

been and continues to be

willful.

Cutsforth has been damaged by Defendants Fulmer and Wabtec's infringement of

the '354 patent and is suffering and will continue to suffer damage and irreparable harm as a
result until Defendants Fulmer and Wabtec are enjoined from infringing the'354 patent.

FIFTH CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 8.179.014

37. 38.

Cutsforth restates and realleges paragraphs

through 8 of this Complaint.

On May 15,2012, United States Patent No. 8,179,014 ("the '014 patent"), entitled

"Brush Holder Apparatus, Brush Assembly, and Method," was duly and legally issued by the United States Patent and Trademark Office.

39. 40.

Cutsforth owns the '014 patent. A true and correct copy of the '014 patent is

attached as Exhibit E to this Complaint.

Defendants Fulmer and Wabtec are infringing, actively inducing others to infringe

and/or contributing to the infringement of the '014 patent in the United States. Defendants

Fulmer and Wabtec make, use, sell offer for sale and/or import brush holders, including at least
the FC-l01 model holders, that infringe the '014 patent.

4I. 42. 44.

Upon information and belief, Defendants Fulmer and Wabtec will continue to

infringe the '014 patent unless and until they are enjoined by this Court.
Continued sales of the infringing devices by Defendants Fulmer or Wabtec

will

constitute willful infringement of the '014 patent.

Cutsforth has been damaged by Defendants Fulmer and Wabtec's infringement of

the '014 patent and is suffering and will continue to suffer damage and ineparable harm as a
result until Defendants Fulmer and Wabtec are enjoined from infringing the '014 patent.

JURY TRIAL DEMAND

43.

Cutsforth demands

jury trial on all issues so triable.

PRAYER FOR RELIEF


WHEREFORE, Cutsforth respectfully requests this Court enter judgment:

(1)
'014 patents;

that Defendants Fulmer and Wabtec have infringed the '935, '906, '018, '354, and

(2)

enjoining Defendants Fulmer and Wabtec and their officers, agents, servants,

employees, attorneys, and all persons in active concert or participation with any of them, from

infringing the '935, '906, '018, '354, and '014 patents;

(3)

awarding Cutsforth its damages in an amount sufficient to compensate it for

Defendants Fulmer and Wabtec's infringement of the '935,'906, '018, '354, and '014 patents, together with prejudgment and post judgment interest and costs, pursuant to 35 U.S. C. $ 284;

(4)
u.s.c.
$ 284;

trebling the damages awarded to Cutsforth by reason of Defendants Fulmer and

Wabtec's willful infringement of the '935,'906,'018, '354, and '014 patents pursuant to 35

(5)

declaring this case to be'oexceptional" under 35 U.S.C. $ 285 and awarding

Cutsforth is attorneys' fees, expenses and costs incurred in this action; and

(6) proper.

awarding Cutsforth such other and further relief as this Court deems just and

Dated: May 17,2012

FISH & RICHARDSON P.C.

Michael J. Pape (#026989X) Joseph Herriges, Jr. (#390350) 60 South Sixth Street, Suite 3200 Minneapolis, MN 55402 Tel: (612) 335-5070 Fax: (612) 288-9696 Attomeys for Plaintiff CUTSFORTH,INC.
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