Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.

1 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

HUMBOLDT B.V., and MPS NORTH

AMERICA, INC.

Plaintiffs, C.A. No. __________

v. JURY TRIAL DEMANDED

LORNIC DESIGN, INC.,

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

THE PARTIES

1. Plaintiff Humboldt B.V. (Humboldt) is a Dutch entity, and Plaintiff MPS North

America, Inc. (MPS) is a Missouri entity, with a principal place of business at 8226 Nieman

Road, Lenexa, KS 66241.

2. On information and belief, Defendant Lornic Design, Inc. (Lornic) is a

Michigan corporation with a principal place of business located at 12613 James Street #10,

Holland, Michigan 49424.

JURISDICTION

3. This is a civil action (the Action) for patent infringement arising under the

Patent Act of the United States, 35 U.S.C. 1 et seq.

4. Subject matter jurisdiction of this Court over this Action is founded upon

28 U.S.C. 1331, 1332 and 1338(a) and (b).

5. Defendant Lornic is subject to personal jurisdiction in this Court because it is a

Michigan corporation, and its principal place of business is located in Holland, Michigan.
 Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.2 Page 2 of 8

VENUE

6. In light of the matters set forth in paragraphs 1 through 5, inclusive, above, venue

of this Action is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b).

BACKGROUND AND FACTUAL ALLEGATIONS

7. Humboldt and MPS are in the business of equipment and systems used to process

meat products.

8. On September 6, 2016, the United States Patent and Trademark Office duly and

legally issued the U.S. Patent No. 9,433,225 (the 225 patent) patent, bearing the title Brush

Element, Assembly, Brushing Device and Methods of Coupling and Uncoupling. The 225

patent is directed toward brushes and related assemblies that are used to remove the hair from,

clean and/or beat carcasses dry for meat processing. A true and correct copy of the 225 patent

is attached hereto as Exhibit A.

9. Humboldt owns the 225 patent.

10. MPS is exclusively licensed to practice the invention of the 225 patent in the

United States, and markets and sells brushes (also referred to as whips) covered by the claims

of the 225 patent.

11. On information and belief, Lornic manufactures, imports, exports, offers for sale,

and/or sells brushes, also known as polishing hog whips or snap whips, that infringe one or

more claims of the 225 patent.

12. On April 24, 2017 Lornic was notified that its products infringe the claims of the

225 patent by a cease-and-desist letter sent to counsel for Lornic, which demanded that Lornic

cease and desist its infringement. A true and correct copy of the April 24, 2017 letter is attached

hereto as Exhibit B.

13. On information and belief, despite its knowledge of the 225 patent and that its

products infringe the claims of the 225, Lornic has continued its infringing activity.

2
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COUNT I

(Infringement of U.S. Patent No. 9,433,225)

14. Plaintiffs refer to and incorporates herein by reference each of the foregoing

paragraphs of this Complaint.

15. Lornic, by the acts complained herein, and by making, using, selling, offering for

sale, importing into, and/or exporting from the United States products, including at least its

polishing hog whip or snap whip, that embody the invention claimed in the 225 patent, has

in the past, does now, and continues to directly infringe, contributorily infringe and/or induce

others to infringe the claims of the 225 patent literally and/or under the doctrine of equivalents,

in violation of 35 U.S.C. 271.

16. Lornics polishing hog whip or snap whip infringes at least claim 21 of the

225 patent as set forth in the following claim chart:

Claim21 LornicSnapWhip
Adetachablebrushelement
forprocessingcarcassesof
slaughteredanimals,
comprising:
a)atleastonefemale
couplingmembercomprising
aresilientcylindercomprising
anelongatednarrowed
entrancechannelformed
therein,

3
 Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.4 Page 4 of 8

Claim21 LornicSnapWhip
providingthecouplingwitha
Cshapehavingafemale
receivingspaceanddefining
anaxisofrotation,theC
shapebeingadaptedto
enlargecountertoabias,the
channelbeingadaptedto
detachablycouplebyasnap
connectionthroughtheC
shapetoarodandadapted
torotatethereaboutand
whereinthenarrowed
entrancechannelnarrows
towardtherod;and,

b)atleastonesubstantially
elongatedflexiblewhip
memberextendingfromand
integratedwitheachfemale
couplingmember

whereinthewhiphasa
profiledsideadaptedto
processcarcassesof
slaughteredanimals,



eachwhipmemberextending
perpendiculartotheaxisof
rotationofthechannel,

4
 Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.5 Page 5 of 8

Claim21 LornicSnapWhip

whereinthenarrowed
entrancechannelisarranged
inalengthwisedirectionof
thecylinderandwhereinthe

narrowedentrancechannelis
directedfacingawayfromthe
profiledsideofthewhipand
whereinthenarrowed
entrancechannelwidensinto
thefemalereceivingspace,
thefemalereceivingspace
beingsubstantiallylarger
thanthenarrowedentrance
channeloftheatleastone
substantiallyelongated
flexiblewhipalongthe
longitudinalaxisofthewhip.

17. Lornic also had actual knowledge of the 225 patent and that its polishing hog

whip or snap whip product infringes the claims of the 225 patent by at least April 24, 2017 in

view of the cease-and-desist letter sent to Lornic on that date.

18. Lornic markets and sells its polishing hog whip or snap whip products with

the intent that its customers will attach the whips to a counter-coupling rod on a rotatable body

for use in processing carcasses of slaughtered animals such that the completed assembly

infringes the claims of the 225 patent.

19. The sole use of Lornics polishing hog whip or snap whip is to be attached to

a counter-coupling rod on a rotatable body for use in processing carcasses of slaughtered

animals.

20. Lornics polishing hog whips or snap whips have no substantial non-

infringing use because their only use is to be connected to a counter-coupling rod on a rotatable

body for use in processing carcasses of slaughtered animals.

5
 Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.6 Page 6 of 8

21. Lornic provides its customers with polishing hog whips or snap whips that

are specially designed, made and adapted to be connected to a counter-coupling rod on a

rotatable body for use in processing carcasses of slaughtered animals in a manner that infringes

the claims of the 225 patent.

22. Lornic is also aware of the claims of the 225 patent and that its polishing hog

whips or snap whips infringe the claims of the 225 patent, yet induces its customers to

infringe the claims of the 225 patent as set forth herein.

23. Despite its knowledge of the 225 patent, Lornic has continued to willfully

infringe the claims of the 225 patent, has willfully induced its customers to infringe the claims

of the 225 patent, has willfully contributed to its customers infringement of the claims of the

225 patent and, upon information and belief, will continue to willfully engage in these

infringing activities by making, using, selling, offering for sale, importing into and/or exporting

from the United States its infringing products, including at least the polishing hog whip or

snap whip, unless this Court enjoins Lornics infringing activities.

24. By reason of the acts of Lornic alleged herein, Plaintiffs have suffered damage in

an amount to be proved at trial.

25. Further, Lornic threatens to continue to infringe the claims of the 225 patent as

complained herein unless it is restrained and enjoined, all to Plaintiffs irreparable injury. It

would be difficult to ascertain the amount of compensation that would afford Plaintiffs adequate

relief for such future and continuing infringement, and a multiplicity of judicial proceedings

would be required to protect Plaintiffs rights in the 225 patent. Plaintiffs do not have an

adequate remedy at law to compensate them for the injuries threatened.

26. Thus, Plaintiffs are entitled to monetary damages adequate to compensate them

for Lornics infringement of the 225 patent under 35 U.S.C. 289, increased damages under 35

U.S.C. 284, together with interest, costs, and attorneys fees under 35 U.S.C. 285, and are

entitled to injunctive relief against such infringement in accordance with 35 U.S.C. 283.

6
 Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.7 Page 7 of 8

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand for a judgment in their favor and pray the Court to

award the following relief:

1. A judgment that Lornic has infringed the 225 patent;

2. For an order temporarily, preliminarily and permanently enjoining Lornic, its

officers, directors, agents, servants, affiliates, employees, subsidiaries, divisions, branches,

parents, attorneys, representatives, privies, and all others acting in concert or participation with

any of them, from infringing the claims of the 225 patent;

3. For an order directing Lornic to deliver to Plaintiffs for destruction or other

disposition all products and systems in its possession that infringe the claims of the 225 patent;

4. For an order directing Lornic to file with the Court, and serve upon Plaintiffs

counsel, within thirty (30) days after entry of the order of injunction, a report setting forth the

manner and form in which Lornic has complied with the injunction;

5. For an order awarding Plaintiffs general and/or specific damages, including a

reasonable royalty and/or lost profits, in amounts to be fixed by the Court in accordance with

proof, including enhanced and/or exemplary damages, as appropriate;

6. For an order finding that Lornics infringement of the claims of the 225 patent

was willful, that this is an exceptional case, and awarding Plaintiffs enhanced damages and their

attorneys fees under 35 U.S.C. 284 and 285;

7. For an order awarding Plaintiffs all of their costs, including their attorneys fees,

incurred in prosecuting this action, including, without limitation, pursuant to 35 U.S.C. 285 and

other applicable law;

8. For an order awarding Plaintiffs pre-judgment and post-judgment interest; and

9. For such other and further relief as the Court deems appropriate and just under the

circumstances.

7
 Case 1:17-cv-00983 ECF No. 1 filed 11/10/17 PageID.8 Page 8 of 8

DEMAND FOR JURY TRIAL

Plaintiffs demand trial by jury on all issues in this action.

Respectfully submitted,

Dated: November 10, 2017 s/Matthew J. Gipson

Matthew J. Gipson (P60169)
Phoebe P. Bower (P77462)
PRICE HENEVELD LLP
695 Kenmoor S.E.
P.O. Box 2567
Grand Rapids, MI 49546
(616) 949-9610
mgipson@priceheneveld.com
pbower@priceheneveld.com

Of Counsel:

Chad E. Nydegger
Justin J. Cassell
WORKMAN NYDEGGER P.C.
60 East South Temple, Suite 1000
Salt Lake City, UT 84111
(801) 533-9800
cnydegger@wnlaw.com
jcassell@wnlaw.com

Attorneys for Plaintiffs Humboldt B.V. and

MPS North America, Inc.

8
Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.9 Page 1 of 12

Exhibit A
 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.10 Page 2 of 12
USOO9433225B2

(12) United States Patent (10) Patent No.: US 9.433,225 B2

Servaas (45) Date of Patent: Sep. 6, 2016
(54) BRUSH ELEMENT, ASSEMBLY, BRUSHING (56) References Cited
DEVICE AND METHODS OF COUPLNG
AND UNCOUPLNG U.S. PATENT DOCUMENTS

(75) Inventor: Hans Servaas, Neede (NL) 2,412, 108 A 12, 1946 Toti et al. ....................... 452/93
2,524.942 A * 10/1950 Tomlinson ...................... 452/93
(73) Assignee: HUMBOLDT B.V., Lichtenvoorde 2,554,671 A * 5/1951 Hodges ........................... 452/93
2,559,001 A * 7/1951 Barker 452/93
(NL) 2,562,681 A * 7/1951 Pine ... 452/93
2,641,796 A 6, 1953 Johnson .......................... 452/92
(*) Notice: Subject to any disclaimer, the term of this 2,694,829 A * 1 1/1954 Johnson .......................... 452/93
patent is extended or adjusted under 35 3,523,324 A 8, 1970 Debaere
U.S.C. 154(b) by 779 days. 3,840,938 A * 10/1974 Carlson ........................... 452/93
5,445,163 A * 8/1995 Machacek ............ A61 B 5,0057
6OOf 557
(21) Appl. No.: 12/094.984 7,070,494 B2 * 7/2006 Rapp et al. ..................... 452,88
7,387,565 B1* 6/2008 Griffiths et al. ................ 452.87
(22) PCT Filed: Aug. 8, 2006 7,604,532 B2 * 10/2009 Meier et al. .................... 452/93
(86). PCT No.: PCT/NL2006/05O195 FOREIGN PATENT DOCUMENTS
S 371 (c)(1), NL 90O2571 6, 1992
(2), (4) Date: Sep. 30, 2008
OTHER PUBLICATIONS
(87) PCT Pub. No.: WO2007/100240
PCT Pub. Date: Sep. 7, 2007 Search Report for International Patent Application No. PCT/
NL2006/050195; Jan. 22, 2007.
(65) Prior Publication Data
* cited by examiner
US 2009/O15611.0 A1 Jun. 18, 2009
Primary Examiner David Parsley
(30) Foreign Application Priority Data (74) Attorney, Agent, or Firm Jason A. Bernstein; Barnes
Nov. 28, 2005 (NL) ...................................... 1030536
& Thornburg LLP
(57) ABSTRACT
(51) Int. Cl.
A22B 5/08 (2006.01) A brush element (1) for processing carcasses of slaughtered
A22C 2L/02 (2006.01) animals. The disclosure also relates to an assembly of a
(52) U.S. Cl. rotatable body and such a brush element. The disclosure
CPC ............... A22C 21/022 (2013.01); A22B5/08 further relates to a brushing device comprising Such an
(2013.01); A22C 21/02 (2013.01); Y10T assembly. Also disclosed is a method for coupling a rotatable
29/49815 (2015.01); Y10T 29/49826 (2015.01) body and such a brush element mid also a method for
(58) Field of Classification Search uncoupling Such a brush element.
USPC ............................... 452/71, 8297, 123, 173
See application file for complete search history. 22 Claims, 5 Drawing Sheets

11
 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.11 Page 3 of 12

U.S. Patent Sep. 6, 2016 Sheet 1 of 5 US 9.433,225 B2

FIG. 1A FIG. 1B
 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.12 Page 4 of 12

U.S. Patent Sep. 6, 2016 Sheet 2 of 5 US 9.433,225 B2

FIG. 1C FIG. 1D
 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.13 Page 5 of 12

U.S. Patent Sep. 6, 2016 Sheet 3 of 5 US 9.433,225 B2

 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.14 Page 6 of 12

U.S. Patent Sep. 6, 2016 Sheet 4 of 5 US 9.433,225 B2

11
 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.15 Page 7 of 12

U.S. Patent Sep. 6, 2016 Sheet S of 5 US 9.433,225 B2

Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.16 Page 8 of 12
Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.17 Page 9 of 12
Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.18 Page 10 of 12
Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.19 Page 11 of 12
 Case 1:17-cv-00983 ECF No. 1-1 filed 11/10/17 PageID.20 Page 12 of 12
US 9,433,225 B2
9 10
counter-coupling member forming part of the rotat
able body such that the whip extends substantially
radially from a rotation shaft of the rotatable body,
the ring opening being sized to accommodate a
portion of the male counter-coupling member by
Snap-fitting the female coupling member over the
male counter-coupling member, and wherein the
receiving space of the female coupling member
engages round the male counter-coupling member;
wherein the narrowed entrance channel widens into the
receiving space, the receiving space being substantially
larger than the narrowed entrance channel along the
longitudinal axis of the whip, and
c) drive means for causing rotation of the rotatable body
of the assembly.
19. A detachable brush element for processing carcasses
of slaughtered animals, comprising:
a) at least one female coupling member; and
b) at least one substantially elongated flexible whip
extending from and integrated with the at least one
female coupling member wherein the whip has a pro
filed side adapted to process carcasses of slaughtered
animals,
wherein the female coupling member comprises a resil
ient cylinder comprising at least one female receiving
space comprising a ring having an opening with a
narrowed entrance channel which can be enlarged
counter to a bias and wherein the narrowed entrance
channel is arranged in a lengthwise direction of the
cylinder, wherein the narrowed entrance channel nar
rows toward the ring opening, and wherein the nar
rowed entrance channel is directed facing away from
the profiled side of the whip, the female coupling
member adapted to couple with a generally cylindrical
shaped male counter-coupling member, the ring open
ing being sized to accommodate a portion of the male
counter-coupling member,
wherein the male counter-coupling member is forming a
part of a separate rotatable body onto which the female
coupling member can be releasably coupled,
wherein the narrowed entrance channel widens into the
receiving space, the receiving space being substantially
larger than the narrowed entrance channel along the
longitudinal axis of the whip, and
wherein the whip and the coupling member are manufac
tured as a single material part.
20. An assembly for processing carcasses of slaughtered
animals, comprising:
a) a rotatable body including a plurality of rods associated
with and spaced around at least one shaft;
b) at least one brush element having at least one female
coupling member; and
c) at least one substantially elongated flexible whip
extending from the female coupling member wherein
the female coupling member comprises a ring having at
least one female receiving space provided with a nar
rowed entrance, and wherein the narrowed entrance can
be enlarged counter to a bias:
wherein the narrowed entrance widens into the receiving
10 space, the receiving space being substantially larger
than the narrowed entrance along the longitudinal axis
of the whip, and
wherein the female coupling member is releasably
coupled to one of the rods such that the whip extends
substantially radially from the at least one shaft of the
rotatable body and the brush element at least partially
rotates around the rod and the shaft and wherein the
narrowed entrance narrows toward the rod.
21. A detachable brush element for processing carcasses
of slaughtered animals, comprising:
a) at least one female coupling member comprising a
resilient cylinder comprising an elongated narrowed
entrance channel formed therein, providing the cou
pling with a C shape having a female receiving space
25 and defining an axis of rotation, the C shape being
adapted to enlarge counter to a bias, the channel being
adapted to detachably couple by a snap connection
through the C shape to a rod and adapted to rotate
thereabout and wherein the narrowed entrance channel
30 narrows toward the rod; and,
b) at least one substantially elongated flexible whip mem
ber extending from and integrated with each female
coupling member wherein the whip has a profiled side
adapted to process carcasses of slaughtered animals,
35 each whip member extending perpendicular to the axis
of rotation of the channel, wherein the narrowed
entrance channel is arranged in a lengthwise direction
of the cylinder and wherein the narrowed entrance
channel is directed facing away from the profiled side
40 of the whip and wherein the narrowed entrance channel
widens into the female receiving space, the female
receiving space being substantially larger than the
narrowed entrance channel of the at least one substan
tially elongated flexible whip along the longitudinal
45 axis of the whip.
22. The detachable brush element of claim 21, wherein the
female coupling member is adapted to couple to the rod by
movement of the female coupling member in a direction
perpendicular to the axis of the rod.
ck ck ck ck ck
Case 1:17-cv-00983 ECF No. 1-2 filed 11/10/17 PageID.21 Page 1 of 4

Exhibit B
 Case 1:17-cv-00983 ECF No. 1-2 filed 11/10/17 PageID.22 Page 2 of 4
workman 60 East South Temple
Suite 1000
Justin J. Cassell
(801) 321-8881
nydegger Salt Lake City, Utah 84111
(801) 533-9800
jcassell@wnlaw.com

Intellectual Property Law www.wnlaw.com

April 24, 2017

Via Federal Express

7789 7250 0839

Mr. Jovan Jovanovic

Watson Intellectual Property Group, PLC
3133 Highland Drive
Suite 200
Hudsonville, MI 49426

Re: Lomic Design Inc., Snap Whip

U.S. Patent No. 9,433,225
Yourref: LOR161610
Ourref: 19797.13

Dear Mr. Jovanovic,

We represent Marel regarding certain U.S. intellectual property matters.

Marel has brought to our attention the matter of U.S. patent no. 9,433,225 ('225 patent)
and the Lomic Design Inc. Snap Whip ("Lomic Whip"). We have also considered the
letter sent by Marel on November 25, 2016, and your letter of January 4, 2017 including
contentions of non-infringement of the '225 patent.

Marel appreciates your thoughtful response and consideration of the issues, and
understands Lornic's position of non-infringement. Upon our evaluation, however, we
respectfully disagree with your contentions of non-infringement, and consider the Lomic
Whip to literally infringe every limitation in at least independent claims 1,19 and 21 of
the '225 patent.

We understand that Lomic's position is that the Lomic Whip does not meet the
limitations of claims 1,19 and 21 relating to at least one female coupling member
comprising a resilient cylinder comprising an elongated narrowed entrance channel
formed therein, and that the narrowed entrance channel widens into the female receiving
space. We consider the narrow channel in the Lornic Whip to meet this limitation.
Specifically, the narrow channel of the Lomic Whip transitions to the female receiving
space, particularly since the female receiving space is substantially larger than the
naiTowed entrance channel.
 Case 1:17-cv-00983 ECF No. 1-2 filed 11/10/17 PageID.23 Page 3 of 4
Mr. Jovan Jovanovic
Watson Intellectual Property Group, PLC
2/2

Concerning claims 1 and 19, we consider the Lomic Whip to be manufactured as a single
material part. While you indicate in your letter that the Lomic Whip is not formed from
only one piece of material, that is not what claims 1 and 19 require. Rather they require
that the whip and female coupling member are manufactured as or into a single part, and
the whip is integrated with the at least one female coupling member. These limitations,
the specification and the file history do not restrict the whip and female coupling member
as being formed together from only one piece of material, as you contend. We note that
claim 21 does not possess this limitation.

Aside from the limitations discussed above, we assume that Lomic concedes that the
remaining limitations of claims 1,19 and 21 are clearly met by the Lomic Whip.

If Lomic is interested in settling this matter without legal action, Lomic must:

(1) immediately cease and desist any sales, distribution, and manufacture of the
Lomic Whip; and

(2) provide an accounting of its sales of the Lomic Whip.

We look forward to receiving confirmation that Lomic has complied with the above
demands and to receiving the requested sales information by May 26, 2017 so we may
resolve this matter.

This letter is without prejudice to or waiver of all additional claims and remedies that
may be available to Marel should it pursue formal legal action against Lomic. Marel
expressly reserves the right to pursue these and any additional claims and remedies it may
have against Lomic.

We thank you in advance for your prompt attention to these matters.

Please contact the undersigned promptly to initiate a mutual resolution of this matter.

Sincerely,

WORKMAN NYDEGGER

Justin J. Cassell
 Case 1:17-cv-00983 ECF No. 1-2 filed 11/10/17 PageID.24 Page 4 of 4Page 1 of 1

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Case 1:17-cv-00983 ECF No. 1-3 filed 11/10/17 PageID.25 Page 1 of 1

SUMMONS IN A CIVIL ACTION

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
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MPS NORTH AMERICA, INC.
72 LORNIC DESIGN, INC.
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