1 Brian A. Carpenter
CA Bar No. 262349
2 BUETHER JOE & CARPENTER, LLC
3 Email: Brian.Carpenter@BJCIPLaw.com
1700 Pacific Avenue, Suite 2390
4 Dallas, Texas 75201
Telephone: (214) 466-1273
5 Facsimile: (214) 635-1829
6 Judi M. Sanzo
7 CA Bar No. 153663
8 Email: firstname.lastname@example.org
3755 Avocado Blvd. #521
9 La Mesa, CA 91941-7301
Telephone: (619) 579-0299
Facsimile: (619) 579-5888
Attorneys for Plaintiff Discflo Corporation
13 IN THE UNITED STATES DISTRICT COURT
14 FOR THE SOUTHERN DISTRICT OF CALIFORNIA
16 DISCFLO CORPORATION, '11CV0476 BTM RBB
CASE NO. ________________________
a California corporation,
COMPLAINT FOR PATENT
AMERICAN PROCESS EQUIPMENT,
20 INC. dba ADAPTEK JURY DEMAND
dba ADAPTEK PUMPS,
21 an Illinois corporation, and
ROBERT T. WARRENDER
22 dba ADAPTEK dba ADAPTEK PUMPS,
COMPLAINT FOR PATENT INFRINGEMENT Page 1
1 Plaintiff Discflo Corporation, for its Complaint against Defendants American Process
Equipment, Inc. dba Adaptek dba Adaptek Pumps and Robert T. Warrender dba Adaptek dba
Adaptek Pumps, alleges as follows:
5 The Parties
6 1. Discflo Corporation (“Discflo”) is a corporation incorporated under the laws of the state
7 of California with a principal place of business at 10850 Hartley Road, Santee, CA 92071.
2. On information and belief, Defendant American Process Equipment, Inc. (“APEI”) is
an Illinois corporation with a principal place of business at P.O. Box 4233, Antioch, IL 60002.
APEI may be served through its president Laurie L. Warrender at 12715 210th Avenue, Bristol, WI
12 53104 or through its registered agent for service of process, Harry Lipner, at 1103 Arbor Lane,
13 Glenview, IL 60025.
14 3. Defendant Robert T. Warrender (“Warrender”) is an individual who, on information
and belief, resides and may be served with process at 12715 210th Avenue, Bristol, WI 53104.
4. On information and belief, APEI and Warrender sometimes do business under the names
“Adaptek” and “Adaptek Pumps.” Warrender has obtained a federally registered trademark, Serial
Number 77626302, for the stylized mark “ADAPTEK PUMPS” shown therein, which is owned by
21 THE ASSERTED PATENT
22 5. The patent at issue in this lawsuit is United States Patent No. 7,097,416 (the “„416
Patent”), entitled “Rotary Disc Pump,” and properly issued on August 29, 2006. A true and correct
copy of the „416 Patent is attached as Exhibit A.
6. Discflo owns by assignment all rights, title, and interest, including the right to
27 recover for all past and future damages, in the „416 Patent.
COMPLAINT FOR PATENT INFRINGEMENT Page 2
1 JURISDICTION AND VENUE
7. This civil action for patent infringement arises under the Patent Laws of the United
States, 35 U.S.C. §§ 1 et seq.
8. This Court has subject matter jurisdiction over the claims presented herein pursuant to 28
6 U.S.C. §§ 1331 and 1338(a).
7 9. Defendants manufacture, import, use, offer for sale, or sell pump products within the
8 United States, including this District, that infringe one or more claims of the „416 Patent.
9 10. On information and belief, Defendants have offered for sale or sold pump products
that infringe one or more claims of the „416 Patent to a customer, who is also a customer of
Discflo, within this District.
11. On information and belief, Defendants‟ infringing pump products within the United
14 States are placed in the stream of commerce and ultimately are used, sold or offered for sale in
15 this District.
16 12. Therefore, Defendants have directly infringed one or more claims of the „416 Patent
within this District or contributed to or induced infringement of one or more claims of the „416
Patent within this District.
13. On information and belief, Defendants have had knowledge of the „416 Patent, and,
21 at the time of possessing that knowledge, offered for sale or sold infringing pump products to at
22 least one customer within this District.
23 14. Defendants are causing tortious injury by committing all or part of the tortious acts
described herein within the State of California, including this District; are causing tortious injury in
the State of California, including this District, by committing all or part of the tortious acts or
omissions described herein outside the state of California but which acts or omissions have
resulted in injury within the state of California; are causing tortious injury by committing all or
part of the tortious acts described herein outside the state of California while regularly conducting or
COMPLAINT FOR PATENT INFRINGEMENT Page 3
1 soliciting business or deriving revenue from goods used within the State of California, including this
District; or have placed infringing goods into the stream of commerce, which goods are used or sold
in the State of California, including this District. This Court has personal jurisdiction over each of
the Defendants under the United States Constitution and under California‟s long-arm statute CAL.
6 CIV. PROC. 410.10.
7 15. Venue is proper in this District pursuant to 28 U.S.C. §§ 1400(b) and 1391(c).
8 FIRST CLAIM FOR RELIEF
INFRINGEMENT OF U.S. PATENT NO. 7,097,416
10 16. Defendants have been and are now directly and indirectly infringing one or more
11 claims of the „416 Patent in violation of 35 U.S.C. § 271 by: (1) making, having made, importing,
12 using, offering to sell, or selling the patented inventions; (2) by actively inducing others to make,
import, use, offer to sell, or sell the patented inventions; or (3) by contributing to the manufacture,
import, use, sale, or offer for sale the patented inventions.
17. Defendants are now infringing one or more claims of the „416 Patent by making,
having made, importing, using, offering to sell, or selling infringing pump products, examples of
18 which are shown in Exhibit B hereto.
19 18. Defendants are inducing and/or contributing to the infringement of one or more claims
20 of the „416 Patent by selling pump products to others, which purchasers directly infringe one or
more claims through their use of such purchased pump products.
19. Discflo has complied with the marking provisions of 35 U.S.C. § 287.
20. These infringing acts by Defendants have been willful. Defendants have
25 known of the „416 Patent yet have continued to engage in the infringing acts described
27 21. Discflo has given Defendants actual notice of the existence of the „416 Patent and of
their infringement. Despite such notice, Defendants have continued to willfully engage in acts of
COMPLAINT FOR PATENT INFRINGEMENT Page 4
1 infringement without regard to the „416 Patent and will likely continue to do so unless otherwise
enjoined by this Court.
22. Discflo has been damaged by the infringing activities of Defendants and will be
irreparably harmed unless those infringing activities are preliminarily and permanently enjoined
6 by this Court. Discflo does not have an adequate remedy at law.
7 REQUEST FOR RELIEF
8 WHEREFORE, Discflo requests the following relief:
9 (a) A judgment in favor of Discflo that each of the Defendants has directly infringed and has
10 indirectly infringed, by way of inducement or contributory infringement, one or more claims of
the „416 Patent, and that such infringement has been willful;
(b) A judgment providing that Discflo has been irreparably harmed by the infringing
activities of the Defendants and is likely to continue to be irreparably harmed by the Defendants‟
15 continued infringement;
16 (c) Preliminary and permanent injunctions prohibiting each of the Defendants, and any
17 officers, agents, servants, employees and those persons in active concert or participation with any
18 of them, as well as all successors or assignees of the interests or assets related to the infringing
pump products, from further infringement, direct and indirect, of the „416 Patent;
(d) A judgment and order requiring each of the Defendants, jointly and severally, to
pay Discflo damages adequate to compensate for Defendants‟ infringement under 35 U.S.C.
23 § 284, which damages may include lost profits but in no event shall be less than a reasonable
24 royalty for the use made of the inventions of the „416 Patent, including pre- and post-judgment
25 interest and costs, including expenses and disbursements;
(e) A judgment and order awarding treble damages to Discflo pursuant to 35 U.S.C.
§ 284, in view of the willful and deliberate nature of the infringement, with interest;
COMPLAINT FOR PATENT INFRINGEMENT Page 5
1 (f) A judgment declaring this to be an exceptional case under 35 U.S.C. § 285 and
awarding Discflo its attorneys‟ fees;
(g) A judgment holding each of the Defendants jointly and severally liable for all
damages, costs, expenses, and attorneys‟ fees so awarded; and
6 (h) Any and all such further necessary or proper relief as this Court may deem just.
7 DEMAND FOR JURY TRIAL
8 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Discflo hereby demands a
9 trial by jury of all issues so triable.
11 DATED: March 9, 2011 BUETHER JOE & CARPENTER, LLC
12 By: /s/ Brian A. Carpenter
Brian A. Carpenter
13 CA Bar No. 262349
14 Email: Brian.Carpenter@BJCIPLaw.com
Christopher M. Joe (to be admitted Pro Hac Vice)
15 Email: Chris.Joe@BJCIPLaw.com
1700 Pacific Avenue, Suite 2390
16 Dallas, Texas 75201
Telephone: (214) 466-1273
17 Facsimile: (214) 635-1829
Judi M. Sanzo
20 State Bar No. 153663
3755 Avocado Blvd., Suite 521
22 La Mesa, CA 91941-7301
Telephone: (619) 579-0299
23 Facsimile: (619) 579-5888
24 ATTORNEYS FOR
25 DISCFLO CORPORATION
COMPLAINT FOR PATENT INFRINGEMENT Page 6