Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 1 of 7 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION C&C POWER, INC. v. Plaintiff, C&D TECHNOLOGIES, INC., DIVERSIFIED ASSEMBLY TECHNOLOGIES CORPORATION, ENXERGY, LLC, and GARY GRAY, Defendants. Case No.: 12-cv-3376 JURY TRIAL DEMANDED COMPLAINT Comes now Plaintiff, C&C Power, Inc. (herein C&C Power or Plaintiff ), for its Complaint against C&D Technologies, Inc. (herein C&D Technologies ), Diversified Assembly Technologies Corporation (herein DAT ), EnXergy, LLC (herein EnXergy ), and Gary Gray (herein Gray ) (collectively Defendants ) and states and alleges as follows: NATURE OF THE ACTION 1. This is an action against Defendants for infringement of U.S. Patent No. 8,100,271 ( Tiered Battery Cabinet patent ) entitled Tiered Battery Cabinet (Exhibit A) under 35 U.S.C. 271 for the manufacture, use, sale, offer for sale, importation, and distribution of C&D Technologies EC60 battery cabinet system ( the EC60 system ). 2. As alleged and pleaded herein, Defendants have infringed and are infringing Plaintiff s patent rights through their activities regarding battery cabinet systems, including 1
Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 2 of 7 PageID #:2 without limitation the EC60 system. Such unlawful activities are occurring throughout the United States and, in particular, in this District. THE PARTIES 3. Plaintiff C&C Power is a family-owned business that designs and manufactures custom DC power products for the telecommunications and industrial markets, including, but not limited to, battery cabinets and related components, for original equipment manufacturers ( OEM ), and uninterruptable power supply ( UPS ) manufacturers. C&C Power is an Illinois corporation with its principal place of business at 395 Mission Street, Carol Stream, Illinois. 4. C&C Power is the assignee of the Tiered Battery Cabinet patent, a true and correct copy of which is attached as Exhibit A. 5. For over 19 years, C&C Power has been providing innovative products relating to DC power products for the telecommunications and industrial markets. C&C Power has applied for and obtained several patents in these fields. 6. Defendant C&D Technologies is a Delaware corporation with its principal place of business at 1400 Union Meeting Road, Unit 110, Blue Bell, Pennsylvania. C&D Technologies does business in this District. For example, C&D Technologies website indicates that several of its distributors are located in Illinois, including Burr Ridge, Illinois, in DuPage County. (Exhibit B, Excerpts of C&D Technologies list of North America Distributors.) C&D Technologies website also indicates that its manufacturing representatives are located throughout the state, including Westmont, Illinois, in DuPage County. (Exhibit C, Mar Excerpts of C&D Technologies list of Manufacturing Representatives.) C&D Technologies manufactures, uses, sells, offers for sale, imports, and/or distributes the EC60 system, including in this District. (Exhibit D, C&D Technologies Battery Cabinet Systems Brochure.) 2
Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 3 of 7 PageID #:3 7. Defendant DAT is a Wisconsin corporation with its principal place of business at N9246 Highway 80 South, Suite 2, Necedah, Wisconsin. DAT does business in Illinois. For example, DAT s President, Mark Cottone, who resides in Illinois, conducts meetings in his West Chicago office relating to DAT and specifically relating to the EC60 system. (Exhibit E, March 10, 2012 Order in C&C Power, Inc., et al. v. C&D Technologies, Inc., et al., No. 09-12138 (Cir. Court Cook County) at 2, 12-13, finding personal jurisdiction over DAT) Additionally, DAT has entered into agreements with Defendants Gary Gray, an Illinois resident, and EnXergy, an Illinois LLC, to market battery cabinets in Illinois. (Id. at 13.) Furthermore, DAT agreed to sell battery cabinets to Illinois companies, including Janes Power Systems, Preon Inc., and Continental Electric of Franklin Park, Illinois. (Id.) DAT manufactures, uses, sells, offers for sale, imports, and/or distributes the EC60 system, including in this District. (Exhibit F, DAT s website.) 8. Defendant EnXergy is an Illinois limited liability company with its principal place of business at 2336 Preston Lane, West Dundee, Illinois. (Id. at 7, 13) EnXergy has entered into agreements with Defendants DAT and Gary Gray to market and/or sell battery cabinets in Illinois. (Id. at 13.) EnXergy manufactures, uses, sells, offers for sale, imports, and/or distributes the EC60 system, including in this District. (Id.) 9. Defendant Gray is an individual and former employee of C&C Power who resides in West Dundee, Illinois. (Id. at 7, 13.) Gray formed EnXergy as an unincorporated business in 2005. Gray did business under the name EnXergy until he formed EnXergy LLC. Gray is the Manager of EnXergy LLC. Gray uses, sells, offers for sale, imports, and/or distributes the EC60 system, including in this District. (Exhibit F at 13.) 3
Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 4 of 7 PageID #:4 JURISDICTION AND VENUE 10. This is an action for patent infringement under 35 U.S.C. 271. 11. This Court has personal jurisdiction over the Defendants for the purposes of this action pursuant to 28 U.S.C. 1391 and 1400 because each of the Defendants resides in this district and/or manufactures, uses, sells, offers for sale, imports, and/or distributes the EC60 system in this District. 12. As set forth in more detail herein in paragraphs 6 through 9, Defendants do business in this District and manufacture, use, sell, offer for sale, import, and/or distribute the EC60 system in this District. 13. Venue is proper in this District under 28 U.S.C. 1391 and 1400 because at least a substantial part of the events giving rise to Plaintiff s claims occurred in this District and Defendants are subject to personal jurisdiction in this District. 14. A real, immediate, and justiciable controversy exists between Plaintiffs and Defendants relating to the infringement and/or willful infringement of the Tiered Battery Cabinet patent. DEFENDANTS INFRINGEMENT OF THE TIERED BATTERY CABINET PATENT 15. The Tiered Battery Cabinet patent issued on January 24, 2012, reciting claims 1-36, each of which is directed to a battery mounting apparatus (claims 1-19, 26-36), an apparatus for housing storage batteries (claim 20), or a battery support tray (21-25). 16. Prior to the issuance of the Tiered Battery Cabinet patent, Plaintiff s products embodying the claims of the Tiered Battery Cabinet patent were marked with language providing reasonable notice that the product embodied features for which Plaintiff sought patent protection. 4
Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 5 of 7 PageID #:5 Since the Tiered Battery Cabinet patent issued, Plaintiff has continuously marked its products embodying the claims of the Tiered Battery Cabinet patent with, U.S. PATENT NO. 8100271. (Exhibit G, Label for Plaintiff s Front Access Battery Cabinet line). 17. The EC60 system literally infringes claims nos. 1-36 of the Tiered Battery Cabinet patent and/or infringes the Tiered Battery Cabinet patent under the doctrine of equivalents. For example, the EC60 system is a battery mounting apparatus, with a vertical support and a first and a second horizontal support. The vertical support is disposed orthogonal to a base and fixedly attached thereto. The first and second horizontal supports are configured to be attachable to the vertical support. A front part of the first horizontal support is spaced a horizontal distance from the front part of the second horizontal support, and the second horizontal support is spaced a vertical distance from the first horizontal support. 18. Without Plaintiff s authorization, Defendants have been and are manufacturing, using, offering for sale, selling, importing, and/or distributing the EC60 system in knowing and willful infringement of the Tiered Battery Cabinet patent. COUNT I: PATENT INFRINGEMENT AGAINST ALL DEFENDANTS 19. Plaintiff incorporates by reference each of the preceding allegations of paragraphs 1 18 above as though stated herein. 20. Defendants manufacture, use, sell, offer to sell, import, and/or distribute the EC60 system within the United States. 21. Defendants have directly infringed one or more claims of the Tiered Battery Cabinet patent within this District and elsewhere within the United States through their manufacture, use, sale, offer to sell, importation, and/or distribution of the EC60 system. 5
Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 6 of 7 PageID #:6 22. Defendants have worked in conjunction with at least its sales representatives and distributors to manufacture, use, sell, offer to sell, import, and/or distribute the EC60 system. 23. The afore-alleged and pleaded acts constitute literal infringement and/or infringement under the doctrine of equivalents. 24. Defendants infringing conduct in the face of actual and/or constructive notice of infringement of the Tiered Battery Cabinet patent is willful, deliberate, and intentional, and as a result, Plaintiff is entitled to treble damages and attorneys fees pursuant to 35 U.S.C. 284 and 285. 25. Unless immediately enjoined, Defendants acts will cause Plaintiff irreparable harm, loss, and injury. WHEREFORE, Plaintiff prays that: A. United States Patent No. 8,100,271 be adjudged by this Court to be enforceable and not invalid; B. Defendants be adjudged by this Court to have infringed U.S. Patent No. 8,100,271; C. Defendants be ordered by this Court to account for and pay Plaintiff damages adequate to compensate Plaintiff for the infringement of U.S. Patent No. 8,100,271, including interest under 35 U.S.C. 284; D. Preliminary and permanent injunctions be issued against Defendants, their officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them, preventing further infringement of U.S. Patent No. 8,100,271; E. This case be deemed exceptional and Plaintiff be awarded interests, costs, expenses and reasonable attorney fees for this suit as provided by 35 U.S.C. 285; 6
Case: 1:12-cv-03376 Document #: 1 Filed: 05/03/12 Page 7 of 7 PageID #:7 F. Defendants be ordered by this Court to pay treble damages as provided by 35 U.S.C. 284; G. Plaintiff be awarded such other and further relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury in this action on all issues triable by jury. Respectfully Submitted, Date: May 3, 2012 /s/ Jon H. Beaupré Gary M. Ropski (IL Bar No. 2376636) Email: gropski@brinkshofer.com Jon H. Beaupré (IL Bar No. 6298230) Email: jbeaupre@brinkshofer.com Brinks Hofer Gilson & Lione NBC Tower, Suite 3600 455 North Cityfront Plaza Drive Chicago, Illinois 60611-5599 Telephone: (312) 321.4200 Facsimile: (312) 321.4299 Attorneys for C&C Power, Inc. 7