emerson electric v. suzhou cleva electric applicance et. al

7/28/2019 Emerson Electric v. Suzhou Cleva Electric Applicance et. al.

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MISSOURIEASTERN DIVISION

EMERSON ELEC TRIC CO.,

Plaintiff,v .

SUZHOU CLEV A ELECTRIC APPLIANCE CO.,LTD. andCLEVA NORTH AM ERICA, INC.

Civil Action No.

JURY TRIAL DEMANDED

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Emerson Electric Co., by and through its undersigned attorneys, files this Complaintagainst defendants Suzhou Cleva Electric Appliance Co., Ltd. and Cleva North America, Inc. demandinga trial by jury and alleging as follows :

Parties

1. Plaintiff Emerson Electric Co. ("EMERSON ELECTRIC") is organized under the laws ofthe state of Missouri, and has its principal place of business at 8000 West Florissant Avenue, St. Louis,MO 63136-8506.

2. Upon information and belief, defendant Suzhou Cleva Electric Company ("CLEVAEC"), dba Cleva Electric Company, is a company registered at No. 88, Li Tang Lu, Suzhou IndustrialPark, Suzhou, China, with a place of business at 44 Parkway Commons Way, Greer, South Carolina29650-5213.

3. Upon information and belief, defendant Cleva North America, Inc. ("CLEVA NA") isorganized under the laws of South Carolina and has its principal place of business at 601 Regent Park C t.,Greenville, South Carolina 29607.


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4. Upon information and belief, CLEVA EC manufactures vacuums, including wet/dryvacuums, and CLEVA NA distributes vacuums, including wet/dry vacuums, under various brand nameswhich include Vacmaster, Vacmaster Professional, DuraVac, Armor All, Performax, andCraftsman.

Jurisdiction and Ven ue5. This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq.6. This Court has federal question jurisdiction over the subject matter of this action under 28

U.S.C. 1331 and 1338(a).7. CLEV A NA and CLEV A EC sell their line of infringing vacuums through retailers in this

district, including Best Buy, Costco, The H ome Depot, Km art, Sam's Club, Sears, Target, and Walmart.8. This Court has personal jurisdiction over CLEVA EC at least because CLEVA EC

regularly conducts business in this district, which includes importing, selling, and offering for saleproducts that infringe one or more of EMERSON ELECTRIC's patents, and because CLEVA EC hasknowingly contributed to and induced one or m ore acts of direct infringement in this district.

9. This Court has personal jurisdiction over CLEVA NA at least because CLEVA NAregularly conducts business in this district, which includes importing, selling, and offering for saleproducts that infringe one or more of EMERSON ELECTRIC's patents, and because CLEVA NA hasknowingly contributed to or induced one or more acts of direct infringement in this district.

10. For the foregoing reasons, venue is proper in this district under 28 U.S.C. 1391 and1400(b).

Emerson Electric's Patent Rights11. As a leader in the tool industry for over 40 years, EMERSON ELECTRIC designs and

manufactures wet/dry vacuums for a variety of home and professional uses. These vacuums have beensold nationwide in variety of stores, including Hom e Depot and Sears.

12. EME RSON ELECT RIC owns num erous US and foreign patents that protect aspects of itsline of wet/dry vacuums, including the following ASSE RTED PATEN TS.


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13. On March 4, 1997, the United States Patent Office duly and legally issued U.S. PatentNo. 5,606,769 (the '769 Patent"), a copy of which is attached hereto as Exhibit A, entitled "Wet/DryUtility Vacuum Cleaner with Detachable Blower."

14. EMERSON ELECTRIC owns by assignment all rights, title, and interest in and to the`769 Patent and has the right to sue and recover for past, present, and future infringement.

15. The '769 Patent is valid and enforceable.16. On D ecember 7, 1999, the U nited States Patent Office duly and legally issued U.S. Patent

No. 5,996,170 ("the '170 Patent"), a copy of which is attached hereto as Exhibit B, entitled "Wet/DryVacuum With N on-Cylindrical Canister."


18. The '170 Patent is valid and enforceable.19. On March 14, 2000, the United States Patent Office duly and legally issued U.S. Patent

No. 6,035,485 ("the '485 Patent"), a copy of which is attached hereto as Exhibit C, entitled "VacuumCleaner Muffler/Deflector."


21. The '485 Patent is valid and enforceable.22. On December 12, 2000, the United States Patent Office duly and legally issued U.S.

Patent No. 6,158,083 ("the '083 Patent"), a copy of which is attached hereto as Exhibit D, entitled"Wet/Dry Vacuum W ith Reduced Operating Noise."


24. The '083 P atent is valid and enforceable.


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25.n July 3, 2007, the United States Patent Office duly and legally issued U.S. Patent No.7,237,300 ("the '300 Patent"), a copy of which is attached hereto as Exhibit E, entitled "Multi-steppedAppliance Accessory H older."

26.MERSON ELECTRIC owns by assignment all rights, title, and interest in and to the`300 Patent and has the right to sue and recove r for past, present, and future infringement.27 .he '300 Patent is v alid and enforceable.Defendants' Infringing A ctivities28.pon information and belief CLEVA EC imports, sells and/or offers for sale in theUnited States one or more vacuum cleaners that infringe the foregoing ASSER TED P ATEN TS.29 .hese vacuum cleaners include, but are not limited to, the following ("ACCUSED

DEVICES"):a. Craftsman Wall Mount 5 Gallon Wet/Dry Vacuum , model no. VW M510;b. Vacm aster Floor Vacuum , model no. VF408;c. Vacm aster 3.2 Gallon Wet/Dry Vacuum, model no. VHB 305M;d. Armor All 2.5 Gallon Wet/Dry Vacuum, model no. AA255; ande. Vacmaster Wet/Dry Vacuum with Detachable Blower 12 Gallon, model no.

VBV1210.30 .pon information and belief, CLEVA NA imports, sells and/or offers for sale in theUnited States one or more vacuum cleaners that infringe the foregoing ASSERTED PATE NTS.31 .hese vacuum cleaners include, but are not limited to, the specific models identified inParagraph 29 above.32.LEVA EC's and CLEVA NA's infringing acts will continue unless restrained by this

Court.COUNT IInfringement of the '769 Patent

33 .MER SON ELEC TRIC incorporates the preceding paragraphs as if fully set forth herein.


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34. CLEVA EC's and CLEVA NA's manufacture, use, sale, offer to sell and/or importationof at least one or more of the ACCUSED PRODUCTS infringes the '769 Patent literally or under thedoctrine of equivalents.

35. Upon information and belief, EMERSON ELECTRIC alleges that CLEVA EC's andCLEVA NA's manufacture, use, sale, offer to sell and/or importation of at least one or more as yetunidentified vacuum literally or equivalently infringes the '769 Patent.

36. CLEVA EC and/or CLEVA NA have also contributed to and/or induced, and willcontinue to contribute to and/or induce, infringement of the '769 Patent by others in this District andelsewhere in the United States, with the direct infringement being accomplished by end users of at leastthe ACCUSED PROD UCTS.

37. CLEVA EC's and CLEVA NA's actions have caused harm to EMERSON ELECTRIC,which harm m ay not be fully compensable by m onetary damages.

COUNT IIInfringement of the '170 Patent38. EME RSON ELECT RIC incorporates the preceding paragraphs as if fully set forth herein.39. CLEVA EC's and CLEVA NA's manufacture, use, sale, offer to sell and/or importation

of at least one or more of the ACCUSED PRODUCTS infringes the '170 Patent literally or under thedoctrine of equivalents.




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COUNT IIIInfringement of the '485 Patent

43. EME RSON ELEC TRIC incorporates the preceding paragraphs as if fully set forth herein.44. CLEVA EC's and CLEVA NA's manufacture, use, sale, offer to sell and/or importation



46. CLEVA EC and/or CLEVA NA have also contributed to and/or induced; and willcontinue to contribute to and/or induce, infringement of the '485 Patent by others in this District andelsewhere in the United States, with the direct infringement being accomplished by end users of at leastthe ACCUSED PROD UCTS.


COUNT IVInfringement of the '083 Patent48. EME RSON ELECT RIC incorporates the preceding paragraphs as if fully set forth herein.49. CLEVA EC's and CLEVA NA's manufacture, use, sale, offer to sell and/or importation




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51. CLEVA EC and/or CLEVA NA have also contributed to and/or induced, and willcontinue to contribute to and/or induce, infringement of the '083 Patent by others in this District andelsewhere in the United States, with the direct infringement being accomplished by end users of at least

the ACCUSED PROD UCTS.52. CLEVA EC's and CLEVA NA's actions have caused harm to EMERSON ELECTRIC,

which harm may not be fully compensable by monetary damages.COUNT VInfringement of the '300 Patent

53. EME RSON ELEC TRIC incorporates the preceding paragraphs as if fully set forth herein.54. CLEVA EC's and CLEVA NA's manufacture, use, sale, offer to sell and/or importation




57. CLEVA EC's and CLEVA NA's actions have caused harm to EMERSON ELECTRIC,which harm may not be fully compensable by monetary damages.

Prayer for ReliefOn motion or after a trial by jury, EMERSON ELECTRIC requests that the Court grant the

following relief:


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A. Enter judgment that CLEVA E C and CL EVA N A have infringed, actively induced othersto infringe, and/or contributorily infringed one or more claim of one or more of the ASSERTEDPATENTS;

B. Award EMERSON ELECTRIC monetary damages in an amount sufficient tocompensate EMERSON ELECTRIC for the harm caused by CLEVA EC's and CLEVA NA'sinfringement, active inducement of others' infringement, and/or contributory infringement of theASSER TED PATEN TS, but not less than a reasonable royalty for the use made of the inventions;

C. Award EM ERSO N ELE CTRIC pre-judgment interest pursuant to 35 U.S.C. 284;D. Enter a permanent injunction enjoining CLEVA EC and CLEVA NA, its officers,

directors, servants, managers, employees, agents, attorneys, successors and assignees, and all persons inactive concert or participation with any of them, from further acts of infringement, inducement ofinfringement, and contributory infringement of the AS SERTE D PA TENT S, pursuant to 35 U.S.C. 283;

E. Award EMERSON ELECTRIC supplemental monetary damages for any acts causingharm after judgment and before entry of the permanen t injunction;

F. Declare this case exceptional under 35 U.S.C. 285 and award EMERSON ELECTRIC itsreasonable attorney fees, expenses, and costs incurred in prosecuting this action; and

G. Grant EMERSON ELECTRIC such other and further relief as this Court may deem justand proper.

JURY DEMAND

EMERSON ELECTRIC hereby asserts its right to, and hereby demands, a trial by jury pursuantto Rule 38 of the Federal Rules of Civil Procedure.


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Date: May 31, 2013y: Respectfully submitted,J nifer E. Hoe. -1ichard L. Br ,. shyArmstrong Teasdale LLP7700 Forsyth B lvd., Suite 1800St. Louis, MO 63105(314) [email protected]@armstrongteasdale.com

Attorneys for Plaintiff Emerson E lectric Co.

emerson electric v. suzhou cleva electric applicance et. al

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