Case 4:13-cv-00078-JAJ-RAW Document 1 Filed 02/13/13 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

ALLIED MACHINE & ENGINEERING CORPORATION

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CASE NO.: 4:13-cv-78

JUDGE:

Plaintiff, vs. JEWELL MACHINE & FABRICATION, INC.,

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COMPLAINT FOR PATENT INFRINGEMENT

JURY TRIAL DEMANDED

Defendant.

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Plaintiff Allied Machine & Engineering Corporation ("Allied"), for its complaint against defendant, JEWELL MACHINE & FABRICATION COMPANY, INC., hereby demands a jury trial and alleges as follows: PARTIES 1. Allied is a corporation organized under the laws of the State of Ohio, with its

principal place of business in Dover, Ohio. 2. On information and belief, JEWELL MACHINE & FABRICATION

COMPANY, INC. is a corporation organized under the laws of the State of Iowa, with its principal place of business in Bettendorf, Iowa. JURISDICTION AND VENUE 3. This Court has subject matter jurisdiction over this action under 28 U.S.C.

13 31 and 13 38(a), in that this is an action for patent infringement arising under the United States Patent Laws at Title 35, United States Code, 35 U.S.C. 271 et. seq.

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4.

Defendant is subject to personal jurisdiction in this district. PATENT INFRINGEMENT

5.

Allied is the owner by assignment of U.S. Patent No. 7,942,616 ("the '616

Patent"), issued on May 17, 2011, to Joseph P. Nuzzi and Rolf H. Kraemer, entitled Drilling
Tool and Method for Producing Port Seals.

6.

Defendant has made, used, sold, offered for sale, and/or imported into the United

States a line of drill tools that infringe upon the '616 Patent. 7. The drill tools used by Defendant that infringe upon the '616 Patent include,

without limitation, the line of drill tools sold under the name Jewell Drill & Port and Jewell Ream&Port. 8. Defendant has infringed, contributed to, and/or induced infringement of at least

one claim of the '616 Patent by making, using, offering to sell, selling within the United States, and/or importing into the United States at least the Jewell Drill & Port and/or Jewell Ream & Port drill tools. 9. Infringement of the '616 Patent by Defendant after notification of the '616 Patent

is considered to be willful and deliberate. 10. As a direct and proximate result of Defendant's infringement of the '616 Patent,

Allied has suffered and continues to suffer damages. 11. Allied has no adequate remedy at law and will be irreparably injured unless

Defendant's acts of infringement are enjoined by this Court. WHEREFORE, Allied respectfully requests that the Court enter judgment in its favor and an award of the following relief:

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A.

temporary, preliminary, and permanent injunctive relief prohibiting Defendant, its

agents, employees, licensees, and all those in privity with Defendant from engaging in acts of infringement of the '616 Patent;

B.
271; C.

judgment that Defendant has infringed the '616 Patent in violation of 35 U.S.C.

an award of all damages recoverable under the United States patent laws pursuant

to 35 U.S.C. 284, up to and including treble the amount of actual damages assessed for any willful infringement; D. E. F. an award of attorneys' fees to the extent permitted under 35 U.S.C. 285; an award of all taxable costs; and such other and further legal and equitable relief as the Court deems appropriate.

DEMAND FOR A JURY TRIAL Plaintiff Allied hereby demands a trial by jury on all issues so triable.

Respectfully submitted,

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David W. Nelmark BELIN McCORMICK, P.C. dwnelmark@belinmccormick.com 666 Walnut Street, Suite 2000 Des Moines, lA 50309-3989 Telephone: (515) 283-4671 Facsimile: (515) 558-0671

Counsel for Allied Machine & Engineering Corporation

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