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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

 

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WIRTGEN AMERICA, INC.

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Plaintiff,

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No.:

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vs.

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Judge

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ROADTEC, INC.

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JURY TRIAL DEMANDED

Defendant.

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COMPLAINT

Plaintiff Wirtgen America, Inc. (“Wirtgen”) states for its complaint against defendant

Roadtec, Inc. (“Roadtec”):

PARTIES

1. Wirtgen is a corporation organized under the laws of Tennessee having its

principal place of business at 6030 Dana Way, Antioch, Tennessee 37013.

2. Roadtec is, upon information and belief, a company organized and existing under

the laws of the state of Tennessee with its principal place of business located at 4101 Jerome

Avenue, Chattanooga, Tennessee 37407.

JURISDICTION AND VENUE

3. This action is brought pursuant to the patent laws of the United States, 35 U.S.C.

§100, et seq.

4. This Court has subject matter jurisdiction over the claims pursuant to 28 U.S.C.

§§ 1331 and 1338.

5. This Court has personal jurisdiction by virtue of defendant having a principal

place of business located in the State of Tennessee and upon information and belief the

defendant has offered for sale and sold infringing product as described below.

6. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400.

PATENT IN SUIT

7. This is a suit for infringement of U.S. Patent No. 7,918,512 (“the ‘512 patent”) for

an Automotive Machine For Producing Carriageways. The ‘512 patent was duly and validly

issued by the United States Patent and Trademark Office on April 5, 2011. A copy of the ‘512

patent is attached hereto as Exhibit A.

8. Wirtgen is the exclusive licensee by agreement of the ‘512 patent and has the

right to enforce the patent.

DEFENDANTS AND THEIR UNLAWFUL ACTIVITIES

9. Roadtec has infringed directly, contributorally and via inducement the ‘512 patent

in this district and elsewhere by making, using, offering to sell, and selling products identified as

the SX-7 Machine and the SX-5 Machine (“Accused Products”).

10. Roadtec through its marketing and promotional materials and communications

has been and is actively and knowingly infringing the ‘512 patent by offering to sell and selling

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the Accused Products, and Roadtec is inducing and contributing to the direct infringement by

others of the ‘512 patent.

11. At no time has Roadtec been granted the authorization, license or permission to

practice the inventions claimed in the ‘512 patent.

12. Upon information and belief, Roadtec had knowledge of the ‘512 patent, and its

actions constitute willful and intentional infringement of the ‘512 patent.

13. Wirtgen has been and will continue to be damaged by the continuing infringement

of the ‘512 patent by Roadtec.

14. Wirtgen has been and will continue to be harmed irreparably by infringement of

the ‘512 patent by Roadtec and has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, Wirtgen respectfully requests that this Court:

a. Enter an order declaring the ‘512 patent infringed by Roadtec;

b. Enter an order preliminarily and permanently enjoining Roadtec, its

officers, directors, employees, agents, representatives and all persons

acting or claiming to act on its behalf or under the direction or authority

from directly or contributorally infringing or inducing infringement of any

claims of the ‘512 patent;

c. Enter judgment in favor of Wirtgen and against Roadtec for damages for

patent infringement in an amount to be determined at trial but in no event

less than reasonable royalties for infringement of the ‘512 patent, and to

increase the damages to three times the amount found or assessed due to

the willful nature of the infringement;

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d.

Enter an order awarding Wirtgen interest and reasonable attorney fees in

this action pursuant to 35 U.S.C. §285 as well as costs and expenses; and

e. Enter an order granting Wirtgen such other and further relief as the Court

deems just and equitable.

JURY DEMAND

Plaintiffs hereby demand a trial by jury pursuant to Fed. R. Civ. P. 38 as to all issues

triable of right by a jury.

Dated: August 1, 2011

Respectfully submitted,

s/ John F. Triggs

John F. Triggs (BPR 026718) jft@iplawgroup.com Paul C. Ney (BPR 011625) pcn@iplawgroup.com Ryan D. Levy (BPR 024568) rdl@iplawgroup.com

WADDEY & PATTERSON, P.C.

Suite 500 Roundabout Plaza 1600 Division Street Nashville TN 37203 (615) 242-2400

Attorneys for Plaintiff

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