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KOHLER CO. )
)
Plaintiff, )
)
vs. )
) Case No. 18-cv-182
LENOVA, INC. )
)
Defendant. )
)
)
COMPLAINT
Kohler Co. (“Kohler”), by and for its Complaint against Defendant Lenova, Inc.
PARTIES
1. Kohler is a company organized and existing under the laws of the State of
Wisconsin with a principal place of business located at 444 Highland Drive, Kohler,
Wisconsin, 53044.
organized and existing under the laws of the State of Illinois with a principal place of business
JURISDICTION
importing, manufacturing, offering for sale, and/or selling kitchen sinks in violation of Kohler’s
patent rights. Because this is an action for infringement under the patent laws of the United
States, 35 U.S.C. § 271, et seq., this Court has subject matter jurisdiction pursuant to 28 U.S.C.
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4. This Court has personal jurisdiction over Lenova in that at all times pertinent
hereto, upon information and belief, Lenova has systematic activities in this Judicial District
and has and/or is committing infringing acts in Illinois and this District. More specifically,
upon information and belief, Lenova has offered for sale and sold apron-front sinks, including
the accused infringing sinks, in this Judicial District. In addition, upon information and belief,
Lenova is a corporation incorporated in Illinois and is headquartered and does business within
VENUE
1400(b) because Lenova resides in this district and has also committed acts of infringement and
BACKGROUND
oldest and largest privately held companies, and it first began by manufacturing and selling
7. In 1883, Kohler took the company beyond its farming roots and created a new
business line by coating an iron hog scalder/water trough with enamel and calling it a
“bathtub.” This bathtub innovation was an immediate hit and marked the first of many
8. Today, in that same spirit of innovation and invention, Kohler has grown
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9. Kohler is likely best known for its distinctive and often iconic kitchen and bath
products. Kohler markets across six continents a highly regarded array of sinks, faucets, toilets,
and other kitchen and bath accessories. Kohler’s diversity of products and powerful portfolio of
10. Kohler is a recognized leader in kitchen and bath design, and its products are
well-known around the world by its global customer base in part because of Kohler’s extensive
advertising and promotional efforts, which total millions of dollars each year.
11. Kohler markets across many channels including, among others, the Internet,
and development of new kitchen and bath products, positioning itself as an industry and market
leader.
THE PATENTS-IN-SUIT
14. Kohler is the assignee and owner of United States Patent No. 9,173,487 (“the
’487 patent”) which describes and discloses an original and unique apron-front sink. The ’487
patent, entitled “Apron-front Sink,” was duly and legally issued by the United States Patent and
Trademark Office on November 3, 2015, from Application Serial No. 13/310,460, filed on
December 2, 2011. The ’487 patent claims priority to U.S. Provisional Application No.
61/449,585, which was filed on March 4, 2011. A true and correct copy of the ’487 patent is
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15. Kohler is the assignee and owner of United States Design Patent No. D663,389
(“the ’389 patent”) which covers an original and unique sink design. The ’389 patent, entitled
“Sink,” was duly and legally issued by the United States Patent and Trademark Office on July
10, 2012, from Application Serial No. 29/412,242, filed on February 1, 2012, which is a
Division of Application Serial No. 29/386,884, filed on March 4, 2011. A true and correct copy
16. Kohler is the assignee and owner of United States Design Patent No. D675,300
(“the ’300 patent”) which covers an original and unique sink design. The ’300 patent, entitled
“Sink,” was duly and legally issued by the United States Patent and Trademark Office on
January 29, 2013, from Application Serial No. 29/428,614, filed on August 1, 2012, which is a
Division tracing priority back to Application Serial No. 29/386,884, filed on March 4, 2011. A
true and correct copy of the ’300 patent is attached hereto as Exhibit C.
17. Kohler is the assignee and owner of United States Design Patent No. D670,367
(“the ’367 patent”) which covers an original and unique sink design. The ’367 patent, entitled
“Sink,” was duly and legally issued by the United States Patent and Trademark Office on
November 6, 2012, from Application Serial No. 29/425,479, filed on June 22, 2012, which is a
Division tracing priority back to Application Serial No. 29/386,884, filed on March 4, 2011. A
true and correct copy of the ’367 patent is attached hereto as Exhibit D.
18. The ’389, ’300, and ’367 patents are collectively referred to herein as the
19. On or around July 2011, after significant engineering and development expense,
Kohler introduced sinks practicing the inventions claimed in the ’487 patent and having the
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novel and distinctive designs embodied in the Apron-Front Design Patents-in-Suit. At least
Kohler’s Vault™, Strive™, and Whitehaven® lines of apron-front sinks are embodiments of
20. Kohler has extensively promoted its category of apron-front sinks, and these
sinks have been featured and highlighted both in design and lifestyle magazines as well as in
21. As a result of their unique and distinctive designs, the Vault™, Strive™, and
Whitehaven® lines of apron-front sinks have become successful commercial products for
Kohler.
22. Kohler owns the exclusive right, title, and interest in and to the inventions
importing, manufacturing, offering for sale, and/or selling certain sinks, including the Single
Bowl Apron Front Undermount SS-AP-S3096, Large Single Bowl Apron Front Undermount
SS-AP-S3396, Large Double Bowl Apron Front Undermount SS-AP-D3396 and Easystall
Ledge Apron Front Sink SS-AP-LE-S-33 (collectively, the “Infringing Apron-Front Sinks”),
which infringe at least one claim of the ’487 patent and the Apron-Front Design Patents-in-Suit.
A true and correct copy of Lenova’s 2017 product catalog, which contains images of certain of
the Infringing Apron-Front Sinks, is attached hereto as Exhibit E. This catalog is also available
Apron Front Sink SS-AP-LE-S-33 on display at the 2018 Kitchen & Bath Industry Show
(“KBIS”) in Orlando, Florida, taken on January 9, 2018, are attached hereto as Exhibit F.
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24. Kohler is informed and believes that Lenova continues to import, manufacture,
offer for sale, and/or sell the Infringing Apron-Front Sinks and continues to deliberately and
COUNT I
25. Kohler repeats and realleges each and every allegation contained in paragraphs 1-
27. Kohler is the owner of all right, title, and interest in and to the inventions claimed
in the ’487 patent. Kohler is entitled to receive all damages and the benefits of all other remedies
§ 271(a), Lenova is importing, manufacturing, selling, offering for sale, and/or using in this
District and elsewhere in the United States, certain apron-front sinks, including, but not limited
to, the Infringing Apron-Front Sinks that infringe at least claims 1, 12, and 18 of the ’487 patent
29. More specifically, in violation of the Asserted Claims, the Infringing Apron-Front
Sinks are mounted to the underside of a horizontal countertop. See Annotated Illustration Nos.
1-2 below.
30. The Infringing Apron-Front Sinks have a rim that forms a continuous surface. See
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Annotated Illustration No. 1a. (Exhibit E, Lenova 2017 Catalog for the Large Single Bowl Apron
Annotated Illustration No. 1b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
31. The rim of the Infringing Apron-Front Sinks is configured to be mounted adjacent
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Annotated Illustration No. 2b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
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Annotated Illustration No. 3a. (Exhibit E, Lenova 2017 Catalog for the Large Single Bowl Apron
Annotated Illustration No. 3b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
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33. The Infringing Apron-Front Sinks have one or more basins. See Annotated
34. The basins in the Infringing Apron-front Sinks have a front wall, rear wall, first
side wall and second side wall. See Annotated Illustrations No. 4a and 4b below.
Annotated Illustration No. 4a. (Exhibit E, Lenova 2017 Catalog for the Large Single Bowl Apron
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Annotated Illustration No. 4b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
35. The Infringing Apron-Front Sinks have an apron-front that extends outwardly past
the outermost periphery of the rim. See Annotated Illustrations No. 5a and 5b below.
Annotated Illustration No. 5a. (Exhibit E, Lenova 2017 Catalog for the Large Single Bowl Apron
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Annotated Illustration No. 5b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
36. The bottom member of the apron-front of the Infringing Apron-Front Sinks has a
rear edge that is configured to engage a vertical surface of a cabinet. See Annotated Illustrations
Annotated Illustration No. 6a. (Exhibit E, Lenova 2017 Catalog for the Large Single Bowl Apron
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Annotated Illustration No. 6b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
37. The Infringing Apron-Front Sinks have a top flange. See Annotated Illustrations
38. The Infringing Apron-Front Sinks have a bottom flange. See Annotated
39. The rim of the Infringing Apron-Front sinks is supported by the cabinet. See
Annotated Illustration No. 7a. (Exhibit E, Lenova 2017 Catalog for the Large Single Bowl Apron
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Annotated Illustration No. 7b. (Exhibit F, Easystall Ledge Apron Front Sink SS-AP-LE-S-33 at
40. Lenova has had actual notice of the ’487 patent since at least October 27, 2017.
41. Lenova’s infringement of the ’487 patent has been and continues to be willful and
deliberate.
42. Lenova’s conduct has caused and will continue to cause Kohler substantial
damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless and
COUNT II
43. Kohler repeats and realleges each and every allegation contained in paragraphs 1-
45. Kohler is the owner of all right, title, and interest in and to the design covered by
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the ’389 patent, and Kohler is entitled to receive all damages and the benefits of all other
manufactured, used, offered for sale, and/or sold and continues to import, manufacture, use, offer
for sale, and/or sell including, without limitation, the Infringing Apron-Front Sinks which
47. The following is a graphic from the Lenova 2017 Catalog for the Large Single
(Exhibit E, Lenova 2017 Catalog.) This graphic from the Lenova 2017 Catalog for the Large
Single Bowl Apron Front Undermount SS-AP-S3396 is representative of the Infringing Apron-
48. The following is a picture taken of the Easystall Ledge Apron Front Sink SS-AP-
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49. Figure 1 from the ’389 patent illustrates the claimed ornamental design for a sink:
50. Lenova’s Infringing Apron-Front Sinks contain each and every aspect of the
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53. Lenova has had actual notice of the ’389 patent since at least October 27, 2017.
54. Lenova’s infringement of the ’389 patent has been and continues to be willful.
55. Lenova’s conduct has caused and will continue to cause Kohler substantial
damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless and
COUNT III
56. Kohler repeats and realleges each and every allegation contained in paragraphs 1-
58. Kohler is the owner of all right, title, and interest in and to the designs covered by
the ’300 patent, and Kohler is entitled to receive all damages and the benefits of all other
manufactured, used, offered for sale, and/or sold and continues to import, manufacture, use, offer
for sale, and/or sell including, without limitation, the Infringing Apron-Front Sinks which
60. The following is a graphic from the Lenova 2017 Catalog for the Large Single
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(Exhibit E, Lenova 2017 Catalog.) This graphic from the Lenova 2017 Catalog for the Large
Single Bowl Apron Front Undermount SS-AP-S3396 is representative of the Infringing Apron-
61. The following is a picture taken of the Easystall Ledge Apron Front Sink SS-AP-
62. Figure 1 from the ’300 patent illustrates one of the claimed ornamental designs
for a sink:
63. Lenova’s Infringing Apron-Front Sinks contain each and every aspect of the
66. Lenova has had actual notice of the ’300 patent since at least October 27, 2017.
67. Lenova’s infringement of the ’300 patent has been and continues to be willful.
68. Lenova’s conduct has caused and will continue to cause Kohler substantial
damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless and
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COUNT IV
69. Kohler repeats and realleges each and every allegation contained in paragraphs 1-
71. Kohler is the owner of all right, title, and interest in and to the designs covered by
the ’367 patent, and Kohler is entitled to receive all damages and the benefits of all other
manufactured, used, offered for sale, and/or sold and continues to import, manufacture, use, offer
for sale, and/or sell including, without limitation, the Infringing Apron-Front Sinks which
73. The following is a graphic from the Lenova 2017 Catalog for the Large Single
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(Exhibit E, Lenova 2017 Catalog.) This graphic from the Lenova 2017 Catalog for the Large
Single Bowl Apron Front Undermount SS-AP-S3396 is representative of the Infringing Apron-
74. The following is a picture taken of the Easystall Ledge Apron Front Sink SS-AP-
75. Figure 1 from the ’367 patent illustrates one of the claimed ornamental designs
for a sink:
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76. Lenova’s Infringing Apron-Front Sinks contain each and every aspect of the
79. Lenova has had actual notice of the ’367 patent since at least October 27, 2017.
80. Lenova’s infringement of the ’367 patent has been and continues to be willful.
81. Lenova’s conduct has caused and will continue to cause Kohler substantial
damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless and
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Wherefore, Kohler respectfully prays for entry of a judgment and relief as follows:
A. For a judgment that Lenova has infringed the ’487, ’389, ’300, and ’367 patents;
B. For a preliminary and permanent injunction enjoining Lenova and its agents,
officers, directors, employees and all persons in privity or active concert or participation with
them, directly or indirectly, from infringing, inducing others to infringe, or contributing to the
C. For a judgment and award that Lenova account for and pay to Kohler damages
adequate to compensate for Lenova’s infringement of the ’487, ’389, ’300, and ’367 patents,
D. For a judgment and award of Lenova’s total profits in an amount subject to proof
E. For a judgment and award of any supplemental damages sustained by Kohler for
any continuing post-verdict infringement of the ’487, ’389, ’300, and ’367 patents until entry of
G. For an order finding that this case is exceptional case under 35 U.S.C. § 285 and
awarding Kohler its costs, expenses, and disbursements incurred in this action, including
action; and
I. For an award of such other relief to Kohler as this Court deems just and proper.
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