Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 1 of 8. COMPLAINT Plaintiff, v. Case No. 1:15-cv WMS

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1 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ONTARIO LIMITED and JEC DISTRIBUTORS INC., FOURTH AMENDED COMPLAINT Plaintiff, v. Case No. 1:15-cv WMS CHANGER & DRESSER, INC., Defendant. JURY TRIAL DEMANDED Plaintiffs Ontario Limited and JEC Distributors Inc. ( JEC ), for their complaint against defendant Changer & Dresser, Inc. ( C&D ), allege as follows: PARTIES Ontario Limited is a Canadian corporation with its principal place of business at 1416 Rebecca Street, Oakville, Ontario, Canada. 2. JEC is a Canadian corporation with its principal place of business at 1416 Rebecca Street, Oakville, Ontario, Canada. 3. JEC is a technical advisor and supplier to the North American automotive manufacturing industry, holding direct OEM vendor codes with major automotive manufacturers including Chrysler, Ford, General Motors, Honda, Toyota and Volkswagen. 4. Among other things, plaintiffs have developed, designed, manufactured and sold various products including Cap Changers, Tip Dressers, Sensors, Weld Gun Covers, Cutter Blades and Holders, and Force Gauges, and JEC distributes for Electricomn, Mountz, Packers Kromer, Parker Hannifin, Recap, Rocon, Telwin Welding, Tessonics and Watteredge _1

2 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 2 of 8 5. Plaintiffs have sold Cap Changers to customers in New York State and in this District. 6. Upon information and belief, C&D is an Alabama corporation with its principal place of business at 1527 ITC Way, Anniston, Alabama, and a registered agent at 1400 Commerce Blvd, Suite 25, Anniston, Alabama. 7. Upon information and belief, C&D is a subsidiary of Kyokutoh Co., Ltd. ( Kyokutoh ), which has a principal place of business at , Higashi Kaminokura, Midoriku, Nagoya, Aichi Japan. 8. Upon information and belief, C&D makes, distributes, sells and offers to sell in the United States and the State of New York, and/or imports into the United States and the State of New York, various manual and automatic tip dressers, and tip changers including C&D s KIKK- tip changer, KIKK-EL tip changer, DH-SURZ tip changer and DH-SV tip changer. 9. Upon information and belief, Kyokutoh makes outside the United States and distributes, sells and offers to sell in the United States and/or imports into the United States various tip changers including the KIKK- tip changer and DH-SV tip changer. JURISDICTION AND VENUE 10. This is an action for patent infringement under the patent laws of the United States, 35 U.S.C. 1 et seq., and particularly 35 U.S.C This Court has subject matter jurisdiction in this action pursuant to 28 U.S.C and This Court has personal jurisdiction over C&D. On information and belief, C&D, by or through its agents and affiliates, regularly transacts, solicits and engages in business in New York, including the Western District of New York; contracts to supply goods in this - 2 -

3 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 3 of 8 jurisdiction; advertises and markets infringing goods within this jurisdiction through an interactive website; derives substantial revenue from sales in this jurisdiction; and/or knows or expects its actions to have consequences in this jurisdiction, and derives substantial revenue from interstate or international commerce; such that the maintenance of personal jurisdiction does not offend traditional notions of fair play and substantial justice. 13. Venue is proper in this District pursuant to 28 U.S.C and 1400(b). THE PATENTS IN SUIT 14. On June 3, 2014, U.S. Patent Number 8,742,281, entitled SPOT WELDING CAP CHANGER ( the 281 patent ), was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 281 patent is attached as Exhibit A. 15. On October 27, 2015, U.S. Patent Number 9,168,609, entitled SPOT WELDING CAP CHANGER ( the 609 patent ), was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 609 patent is attached as Exhibit B. 16. On July 19, 2016, U.S. Patent Number 9,393,639, entitled SPOT WELDING CAP CHANGER ( the 639 patent ), was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 639 patent is attached as Exhibit C Ontario Limited is the owner of the entire right, title, and interest in and to each of the patents-in-suit with the right to sue for past, present, and future infringement. 18. JEC is the non-exclusive licensee of, among other things, each of the patents-insuit. COUNT I INFRINGEMENT OF U.S. PATENT NO. 8,742, Plaintiffs reallege paragraphs 1 through 18 above

4 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 4 of Upon information and belief, C&D has been making, using, selling, offering for sale, and/or importing, without license or authority from JEC, in this District and elsewhere in the United States, tip changers, including at least Model No. KIKK- and DH- tip changers, that embody the inventions claimed in the 281 patent under 35 U.S.C By virtue of at least its sale and offer for sale of Model No. KIKK- and DH- tip changers, C&D has been and still is directly infringing the 281 patent, including without limitation claim 21 thereof. 22. At least as early as June 22, 2014, C&D was notified of its infringement by JEC. 23. Accordingly, C&D has actual knowledge of the contents of the 281 patent, and C&D s prior and continuing infringement of the 281 patent was and is willful and deliberate, and without any objectively reasonable defense to infringement, rendering this case exceptional within the meaning of 35 U.S.C Such acts entitle plaintiffs to an award of enhanced damages and reasonable attorneys fees. 24. C&D has profited from its infringement of the 281 patent. As a result of C&D s unlawful infringement, plaintiffs have been damaged in an amount yet to be determined, and will continue to be damaged by that infringement unless enjoined by this Court. 25. Upon information and belief, C&D will continue to directly infringe the 281 patent, and plaintiffs will continue to be irreparably harmed unless C&D is enjoined by the Court. COUNT II INDUCEMENT WITH RESPECT TO U.S. PATENT NO. 8,742, Plaintiffs reallege paragraphs 1 through 25 above. 27. At least as early as June 22, 2014, C&D was notified of its infringement by JEC

5 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 5 of Upon information and belief, C&D has knowingly induced, and continues to knowingly induce, others to infringe the 281 patent, and at least claim 21 thereof, in violation of 35 U.S.C. 271(b), by taking active steps with specific intent to encourage and facilitate direct infringement by others, such as manufacturers, distributors, customers and others in the chain of distribution, selling or offering to sell KIKK- and DH-SV tip changers. 29. For example, upon information and belief, C&D has encouraged and facilitated direct infringement by Kyokutoh by contracting for the distribution of KIKK- and DH-SV tip changers manufactured by Kyokutoh and causing and/or actively encouraging Kyukutoh to import such tip changers into the United States; and encouraged and facilitated direct infringement by C&D s customers by knowingly instructing its customers to use the infringing tip changers. 30. C&D has actual knowledge of the contents of the 281 patent, and C&D s prior and continuing indirect infringement of the 281 patent was and is willful and deliberate, and without any objectively reasonable defense to infringement, rendering this case exceptional within the meaning of 35 U.S.C Such acts entitle plaintiffs to an award of enhanced damages and reasonable attorneys fees. 31. C&D has profited from its infringement of the 281 patent. As a result of C&D s unlawful infringement, plaintiffs have been damaged in an amount yet to be determined, and will continue to be damaged by that infringement unless enjoined by this Court. 32. Upon information and belief, C&D will continue to induce infringement of the 281 patent, and plaintiffs will continue to be irreparably harmed unless C&D is enjoined by the Court

6 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 6 of 8 COUNT III INFRINGEMENT OF U.S. PATENT NO. 9,168, Plaintiffs reallege paragraphs 1 through 32 above. 34. Upon information and belief, C&D has been making, using, selling, offering for sale, and/or importing, without license or authority from JEC, in this District and elsewhere in the United States, tip changers, including at least Model No. KIKK- and DH- tip changers, that embody the inventions claimed in the 609 patent under 35 U.S.C By virtue of at least its sale and offer for sale of Model No. KIKK- and DH- tip changers, C&D has been and still is directly infringing the 609 patent, including without limitation claims 1, 2, 5, 19, 20, 21, 23 and 25 thereof. 36. C&D has profited from its infringement of the 609 patent. As a result of C&D s unlawful infringement, plaintiffs have been damaged in an amount yet to be determined, and will continue to be damaged by that infringement unless enjoined by this Court. 37. Upon information and belief, C&D will continue to directly infringe the 609 patent, and plaintiffs will continue to be irreparably harmed unless C&D is enjoined by the Court. COUNT IV INFRINGEMENT OF U.S. PATENT NO. 9,393, Plaintiffs reallege paragraphs 1 through 37 above. 39. Upon information and belief, C&D has been making, using, selling, offering for sale, and/or importing, without license or authority from JEC, in this District and elsewhere in the United States, tip changers, including at least Model No. KIKK- and DH- tip changers, that embody the inventions claimed in the 639 patent under 35 U.S.C

7 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 7 of By virtue of at least its sale and offer for sale of Model No. KIKK- and DH- tip changers, C&D has been and still is directly infringing the 639 patent, including without limitation claims 1-16 and thereof. 41. C&D has profited from its infringement of the 639 patent. As a result of C&D s unlawful infringement, plaintiffs have been damaged in an amount yet to be determined, and will continue to be damaged by that infringement unless enjoined by this Court. 42. Upon information and belief, C&D will continue to directly infringe the 639 patent, and plaintiffs will continue to be irreparably harmed unless C&D is enjoined by the Court. JURY DEMAND Plaintiffs demand a jury trial on all issues so triable. PRAYER FOR RELIEF WHEREFORE, plaintiffs pray that the Court enter judgment in their favor and against C&D and grant relief as follows: (A) that the Court enter judgment against C&D and in favor of plaintiffs with respect to all relief requested in this complaint; (B) that the Court declare that C&D and its parents, subsidiaries, officers, agents, servants, employees, licensees, customers, distributors, affiliates, and all other persons acting or attempting to act in active concert or participation therewith, including without limitation Kyokutoh Co., Ltd., have infringed and continue to infringe, either directly or indirectly, the patents-in-suit; (C) (D) that the Court declare and order that the patents-in-suit are valid and enforceable; that the Court preliminarily and permanently enjoin C&D, its parents, subsidiaries, officers, agents, servants, employees, licensees, customers, distributors, Kyokutoh - 7 -

8 Case 1:15-cv WMS-LGF Document 54 Filed 11/01/16 Page 8 of 8 Co., Ltd., and all other persons acting or attempting to act in active concert or participation therewith, from further infringement and inducement of infringement of the patents-in-suit; (E) that plaintiffs be awarded all damages caused by C&D s infringement pursuant to 35 USC 285, to the extent allowable by law; (F) that the Court find this case to be exceptional pursuant to 35 USC 285, and award plaintiffs treble damages, as well as plaintiffs costs, expenses and reasonable attorneys fees in this action, pursuant to 35 USC 284 and 285 and Fed. R. Civ. P. 54(d); (G) (H) that plaintiffs be awarded pre-judgment and post-judgment interest; and that the Court grant plaintiffs such other and further relief as the Court deems appropriate. Dated: November 1, 2016 HARTER SECREST & EMERY LLP By: s/ Michael J. Berchou Michael J. Berchou Rowland Richards Daniel Altieri 50 Fountain Plaza Suite 1000 Buffalo, New York (716) mberchou@hselaw.com rrichards@hselaw.com daltieri@hselaw.com Attorneys for Plaintiffs - 8 -