Kohler v. Zuhne - Complaint

Case 4:18-cv-03574 Document 1 Filed in TXSD on 10/03/18 Page 1 of 20
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
KOHLER CO. )
)
Plaintiff, )
)
vs. )
) Case No. 4:18-cv-3574
ZUHNË LLC )
)
Defendant. )
)
)
COMPLAINT
1. Kohler Co. (“Kohler”), by and for its Complaint against Defendant Zuhnë LLC
(“Zuhnë”), alleges to the Court as follows:
PARTIES
2. 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.
3. Kohler is informed and believes that Defendant Zuhnë is a company organized
and existing under the laws of the State of Texas with a principal place of business located at
8383 Commerce Park Drive, #600, Houston, Texas 77036.
JURISDICTION
4. This is an action for patent infringement arising out of Zuhnë’s unauthorized
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
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States, 35 U.S.C. § 271, et seq., this Court has subject matter jurisdiction pursuant to 28 U.S.C.
§§ 1331 and 1338(a).
5. This Court has personal jurisdiction over Zuhnë in that at all times pertinent
hereto, upon information and belief, Zuhnë has systematic activities in this Judicial District and
has and/or is committing infringing acts in Texas and this District. More specifically, upon
information and belief, Zuhnë has offered for sale and sold apron-front sinks, including the
accused infringing sinks, in this Judicial District. In addition, upon information and belief,
Zuhnë is a corporation incorporated in Texas and is headquartered and does business within this
Judicial District.
VENUE
6. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1400(b)
because Zuhnë resides in this District and has also committed acts of infringement and has a
regular and established place business in this District.
BACKGROUND
KOHLER HAS A HISTORY OF INNOVATION
7. Kohler, founded in 1873, is a family-owned business. It is one of America’s
oldest and largest privately held companies, and it first began by manufacturing and selling
plows and farm implements in Sheboygan, Wisconsin.
8. 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
plumbing products manufactured by Kohler.
9. Today, in that same spirit of innovation and invention, Kohler has grown
worldwide to be synonymous with quality and originality.

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KOHLER IS A MARKET LEADER

FOR THE KITCHEN AND BATH INDUSTRY
10. 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
brands continually set new standards in design, craftsmanship, and innovation.
11. 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.
12. Kohler markets across many channels including, among others, the Internet,
television, magazines, and newspapers.
13. Always an innovator, Kohler continuously invests in the engineering, design,
and development of new kitchen and bath products, positioning itself as an industry and market
leader.
14. Kohler currently owns thousands of patents worldwide on innovations in the
kitchen and bath industry.
THE PATENTS-IN-SUIT
15. 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
attached hereto as Exhibit A.
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16. 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
of the ’389 patent is attached hereto as Exhibit B.
“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.
“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.
19. The ’389, ’300, and ’367 patents are collectively referred to herein as the
“Apron-Front Design Patents-in-Suit.”
KOHLER’S NOVEL AND DISTINCTIVE SINK DESIGNS

ARE PROTECTED BY THE PATENTS-IN-SUIT
20. 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
the ’487 patent and the Apron-Front Design Patents-in-Suit.
21. 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
numerous other media outlets.
22. 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.
ZUHNË’S INFRINGING ACTS
23. Kohler owns the exclusive right, title, and interest in and to the inventions
claimed in the patents-in-suit.
24. Notwithstanding Kohler’s rights, Zuhnë, without permission or authorization,
has imported, manufactured, offered for sale, and/or sold and is continuing to import,
manufacture, offer for sale, and/or sell certain sinks, including at least the RIGA 30, RIGA 33,
and RIGA 36 (collectively, the “Infringing Apron-Front Sinks”), which infringe at least one
claim of the ’487 patent and the Apron-Front Design Patents-in-Suit. For example, the
Infringing Apron-Front Sinks are offered for sale online. See Exhibit E, which is a true and
correct copy of an Amazon.com webpage,
https://www.amazon.com/dp/B0782V34YC/ref=twister_B07HL2DL5S?_encoding=UTF8&th=
1; Exhibit G (Use and Care Manual for the RIGA 33, which was available at zuhne.com at least
as recently as April 2018). The Infringing-Apron-Front Sinks were also on display and
promoted at the 2018 Kitchen and Bath Industry Show (“KBIS”) in Orlando, Florida in January
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2018. See Exhibit F.
25. On or about March 2, 2018, Kohler, through its counsel, sent Zuhnë a letter
providing Zuhnë copies of the patents-in-suit, identifying Zuhnë’s RIGA line of apron-front
sinks as infringing Kohler’s patents, and demanding that Zuhnë cease and desist all infringing
activities. A true and correct copy of this correspondence, without enclosures, is attached as
Exhibit H.
26. On or about April 20, 2018, Kohler, through its counsel, repeated its demand that
Zuhnë cease and desist infringing the patents-in-suit. A true and correct copy of this
correspondence, without enclosures, is attached as Exhibit I.
27. On or about April 26, 2018, Zuhnë responded to Kohler’s April 20, 2018 letter
via email representing that it had discontinued manufacturing apron-front sinks, removed those
sinks from Zuhnë’s website, and scrapped the inventory. A true and correct copy of this
correspondence is attached as Exhibit J.
28. Kohler is informed and believes that Zuhnë continues to import, manufacture,
offer for sale, and/or sell Infringing Apron-Front Sinks, including but not limited to offering for
sale the Infringing Apron-Front Sinks on Amazon.com, and continues to deliberately and
willfully infringe the patents-in-suit in violation of Kohler’s rights.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 9,173,487
29. Kohler repeats and realleges each and every allegation contained in paragraphs
1-28, inclusive, as though fully set forth herein.
30. The ’487 patent is valid and enforceable.
31. Kohler is the owner of all right, title, and interest in and to the inventions
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claimed in the ’487 patent. Kohler is entitled to receive all damages and the benefits of all other
remedies for Zuhnë’s infringement.
32. Without permission or authorization from Kohler and in violation of 35 U.S.C.
§ 271(a), Zuhnë has imported, manufactured, sold, and offered for sale, and is continuing to
import, manufacture, sell, and offer for sale 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 (the “Asserted Claims”).
33. More specifically, in violation of the Asserted Claims, the Infringing Apron-
Front Sinks are mounted to the underside of a horizontal countertop.
34. The Infringing Apron-Front Sinks have a rim that forms a continuous surface.
See Annotated Illustration No. 1 below.
Annotated Illustration No. 1. (Exhibit E, (unannotated).)
35. The rim of the Infringing Apron-Front Sinks is configured to be mounted
adjacent an underside of a horizontal countertop as indicated in the Product Information section
on the Amazon website showing the Installation Method as “Undermount.” See Exhibit E.
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36. The Infringing Apron-Front Sinks have an apron-front. See Annotated
Illustration No. 2 below.
37. Annotated Illustration No. 2. (Exhibit F, Photos of a Zuhnë Infringing Apron-
Front Sink on display at KBIS 2018 in Orlando, Florida, taken on January 10, 2018
(unannotated).)
38. The Infringing Apron-Front Sinks have one or more basins. See Annotated
39. The basins in the Infringing Apron-front Sinks have a front wall, rear wall, first
side wall and second side wall. See Annotated Illustration No. 3 below.
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40. The Infringing Apron-Front Sinks have an apron-front that extends outwardly
past the outermost periphery of the rim. See Annotated Illustration No. 4 below.
41. 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 Illustration
No. 5 below.
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Annotated Illustration No. 5. (Exhibit E (unannotated).)
42. The Infringing Apron-Front Sinks have a top flange. See Annotated Illustration
No. 6 below.
43. The Infringing Apron-Front Sinks have a bottom flange. See Annotated
44. The rim of the Infringing Apron-Front sinks is supported by the cabinet. See
Annotated Illustration No. 6 below.
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Annotated Illustration No. 6. (Exhibit G, Use and Care Manual for the RIGA 33 (unannotated).)
45. Zuhnë has had actual notice of the ’487 patent since at least March 2, 2018.
46. Zuhnë’s infringement of the ’487 patent has been and continues to be willful and
deliberate.
47. Zuhnë’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 until Zuhnë is enjoined from infringing the ’487 patent.
COUNT II
INFRINGEMENT OF U.S. DESIGN PATENT NO. D663,389
50. Kohler is the owner of all right, title, and interest in and to the designs covered
by the ’389 patent, and Kohler is entitled to receive all damages and the benefits of all other
51. Without permission or authorization from Kohler, Zuhnë has imported,
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
infringe the ’389 patent.
52. The following are graphics from Amazon’s website showing the Zuhnë RIGA 36
Inch Farmhouse Apron Self Trimming Short-Straight Front Single Bowl 16G Stainless Kitchen
Sink:
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(Exhibit E.) The graphics from Amazon’s website are representative of the Infringing Apron-
Front Sinks’ designs.
53. The following is a picture taken of a Zuhnë Infringing Apron-Front Sink during
KBIS 2018:
(Exhibit F, Photo of a Zuhnë Infringing Apron-Front Sink on display at KBIS 2018 in Orlando,
Florida, taken on January 10, 2018.)
54. Figure 1 from the ’389 patent illustrates one of the claimed ornamental designs
for a sink:
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55. Zuhnë’s Infringing Apron-Front Sinks contain each and every aspect of the
claimed designs in the ’389 patent.
56. Zuhnë’s Infringing Apron-Front Sinks have an overall appearance that is
confusingly similar to the claimed designs in the ’389 patent.
substantially the same as the claimed designs in the ’389 patent.
59. Zuhnë’s infringement of the ’389 patent has been and continues to be willful.
COUNT III
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Sink:
KBIS 2018:
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for a sink:
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COUNT IV
Sink:
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KBIS 2018:
for a sink:
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PRAYER FOR RELIEF
Wherefore, Kohler respectfully prays for entry of a judgment and relief as follows:
A. For a judgment that Zuhnë has infringed the ’487, ’389, ’300, and ’367 patents;
B. For a preliminary and permanent injunction enjoining Zuhnë 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
infringement of the ’487, ’389, ’300, and ’367 patents;
C. For a judgment and award that Zuhnë account for and pay to Kohler damages
adequate to compensate for Zuhnë’s infringement of the ’487, ’389, ’300, and ’367 patents,
including lost profits but in no event less than a reasonable royalty;
D. For a judgment and award of Zuhnë’s total profits in an amount subject to proof
at trial, pursuant to 35 U.S.C. § 289;
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
final judgment with an accounting as needed;
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F. For a finding that Zuhnë’s infringement is willful and an award of increased
damages for willful infringement pursuant to 35 U.S.C. § 284;
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
reasonable attorneys’ fees as available by law to be paid by Zuhnë;
H. For an award of pre-judgment interest, post-judgment interest, and costs in this
action; and
I. For an award of such other relief to Kohler as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Kohler demands a trial by jury on all issues so triable.
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Dated: October 3, 2018 FOLEY & LARDNER LLP
By: s/ Terrell R. Miller

Terrell R. Miller
Attorney-in-charge
Texas Bar No. 24046446
Southern District of Texas Bar No. 922604
Foley & Lardner LLP
1000 Louisiana Street | Suite 2000
Houston, TX 77002-2099
Telephone: 713.276.5500
Facsimile: 713.279.5555
Of Counsel:
Kadie M. Jelenchick (pro hac vice forthcoming)

Michelle A. Moran (pro hac vice forthcoming)
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
Telephone: 414.271.2400
Facsimile: 414.297.4900
E-mail: kjelenchick@foley.com
E-mail: mmoran@foley.com
Attorneys for Plaintiff Kohler Co.
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Case 4:18-cv-03574 Document 1-1 Filed in TXSD on 10/03/18 Page 1 of 28
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
RIGA 33
33in x 191 2in x 10in
1-855-55-ZUHNE | www.zuhne.com | info@zuhne.com

Fig.1
PRODUCT DESCRIPTION PACKING LIST

Premium grade handmade sink Sink
16 gauge Stainless Steel T304 Strainer(s)*
10mm/0.4inch radius coved corners Bottom Grid(s)**
Best-in-breed sound and thermal insulation Mounting Hardware
Limited lifetime warranty Cut-out Template
*All sinks come with a basket strainer. Double bowl sinks include a second strainer.
**Single bowl sinks include a one-piece bottom grid. Double bowl sinks come with a two-piece bottom grid.
1
CAUTION
Due to the weight and sharp edges of the sink, exercise caution when handling, moving or lifting the box
or the sink. Use safety gloves and protective gear for eyes and ears. Get assistance when lifting or
mounting the sink at any time during the installation procedure. DO NOT attempt to handle or install this
procuct if doing so poses a risk of bodily injury or if you are medically unfit to carry out the installation.
IMPORTANT: Zuhne strongly recommends that this product be installed by a licensed plumber. Ensure
that installation complies with applicable plumbing and building codes.
CHECK LIST: Have the following tools and materials available prior to commencing
installation:
Silicone adhesive sealant
Tape measure and pencil
Hacksaw/Jigsaw
Denatured alcohol
Rags
Ensure the following prior to installing the product:
None of items in packing list are missing
Counter top is clean, dry, flat and unobstructed
Water supply is turned off
INSTALLATION
Figures 2, 3 & 4 illustrate how the sink is under-mounted onto the countertop. Follow these steps:
1. Place the cutout template at the desired position on the countertop, ensuring that the
bowl(s) are centralized and aligned with cabinet and faucet holes.
2. Use cutout template to size countertop opening and cut the countertop accordingly. Note that
the cutout template is to be used for reference only. Confirm that the countertop opening is
correctly dimensioned on all sides by measuring against the sink directly. The countertop
opening must be aligned on all sides with the sink flange.
3. Drill holes will be required on the underside of the countertop to screw the mounting
brackets. These holes should be approximately 1 inch away from the edges of the sink flange
and must be spaced evenly all around the sink flange at approximately 6-8 inches apart.
4. Screw mounting brackets onto the countertop loosely, pointing them parallel to the
countertop opening (bent end of the mounting brackets must not be screwed).
5. At this time, ensure that the underside of the countertop (area that the sink flange will adhere
to) is clean and smooth. Ensure that the sink flange is also clean.
6. Apply silicone adhesive sealant on the sink flange evenly. Place and align sink flange to the
countertop cutout and push sink firmly onto the countertop.
7. Keeping the sink pressed up against the countertop, turn bent end of the mounting brackets
so that they snug under the sink flange.
8. Check sink-countertop alignment from all sides again and fasten mounting brackets.
9. Ensure that the countertop surface and sink are clean. Wipe away excess silicone adhesive
immediately.
IMPORTANT: Apply silicone sealant adhesive on the sink flange only after ensuring that the countertop
opening is in complete alignment with the sink AND that the mounting brackets are placed correctly.
2
(NOT PROVIDED)
Fig.2
17.09"
27.17"
Fig.3
17.09"
(NOT PROVIDED)
Fig.4
3
Recommendations
-Always use the Grid provided to avoid scratches.

-When it comes to maintenance, the best thing you can do is be consistent in your cleaning. It is
preferable to clean a little on a frequent basis than a heavy duty cleaning once in a while.
-You should make sure that the sink is always clean and dry when not in use. This is the best
method of preventative maintenance. Keep the sink spot-free and shiny by rinsing and towel
drying after every use.
-Keep the strainer clog-free to prevent standing water which can lead to mineral deposit build up.
-If mineral build up should occur, use a mixture of vinegar and hot water to remove the deposit.
-To clean your sink, use a nonabrasive cleaning cloth combined with a mild cleaning procedure.
-Use a soft cloth and liquid detergent on a mirror finish deck.
-DO NOT USE ABRASIVE MATERIALS.
-For tougher stains use a mild abrasive cleaner like Bar Keepers Friend.
-Wipe the sink dry after cleaning to discourage any water spotting.
-Follow the direction of the grain when cleaning or scrubbing away stains. Scrubbing against the
grain will show as a scratch.
What to avoid
-Avoid using any abrasive steel wool pads as they will leave an iron residue that will eventually
lead to rust and corrosion.
-Do not leave any steel or cast iron cookware in the sink for a long period of time. This may also
leave iron particles that could corrode the sink.
-Do not leave any cleaning materials such as sponges or rags in the sink for an extended period
of time. It can trap moisture which will eventually lead to staining.
-Avoid using any abrasive cleaning materials such as steel wool pads on the polished finish of
the sink. This might leave permanent scratches on the surface.
4
Customer Support
ZUHNE, LLC
8383 Commerce Park Drive #600
Houston, TX 77036
1-855-55-ZUHNE
www.zuhne.com
info@zuhne.com
ZUHNE,LLC
Limited Lifetime Warranty
Sinks
Pursuant to the terms and conditions set forth in this Limited Lifetime Warranty (this “Warranty”), ZUHNE, LLC (“ZUHNE”)
hereby warrants to the original consumer purchaser (“the Owner”), in the originally installed location, the enclosed sink
(the “Product”) to be free from any material defects in materials and workmanship. There are no express warranties other
than those contained in this Warranty, and all representations or affirmations made by ZUHNE or any other person were for
illustrative purposes only. No agent, employee, or representative of ZUHNE has any authority to bind ZUHNE to any
affirmation, representation, or warranty concerning the Product, and unless an affirmation, representation, or warranty
made by an agent, empolyee, or representative is specifically included within this Warranty, it will not be enforceable by the
Owner.
Exclusions
Please refer to the Use & Care Manual supplied with your new ZUHNE product. This Warranty becomes null and void if any of
the following are determined to be contributing factors to failure of the Product under this Warranty.
1. Abuse, neglect, misuse or misapplication.

2. Improper, dangerous, or destructive maintenance procedures.
3. Damages caused by services performed by unauthorized servicers.
4. Use in conjunction with any unapproved device.
5. Installation in an environment that is corrosive or otherwise destructive to the product, whether internal or external.
6. Installation in violation of applicable state or local plumbing or housing codes.
7. Acts of God including, but not limited to: fire, flood or natural disaster.
In the event of a ZUHNE recognized defect, malfunction, or failure to conform with this Warranty and based upon ZUHNE’s
approval of warranty claim, ZUHNE, at its sole and absolute discretion, will settle the warranty claim of such defect,
malfunction, or failure to conform with this Warranty. In order to make a claim under this Warranty, the Owner must notify
ZUHNE or its authorized representative of the failure of the Product to conform to this Warranty.
Under this Warranty, ZUHNE will only provide replacement parts. The Owner will be responsible for any other costs incurred
including labor costs for servicing the product, shipping, delivery, and handling of the replacement part, costs for permits or
materials necessary for the repair, or incidental costs resulting from damage external to the unit resulting from the failure.
NOTWITHSTANDING ANYTHING IN THIS WARRANTY TO THE CONTRARY, EXCEPT FOR ZUHNE’s AFFIRMATIVE OBLIGATIONS
EXPRESSLY SET FORTH IN THIS WARRANTY, ZUHNE DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
REGARDING THE PRODUCT AND ITS FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
OR INTELLECTUAL PROPERTY RIGHTS. ZUHNE DISCLAIMS ALL OTHER OBLIGATIONS OR LIABILITIES ON ITS PART AND NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR ZUHNE ANY OTHER LIABILITIES IN CONNECTION WITH THE
PERFORMANCE OF THE PRODUCT. THIS WARRANTY ONLY COVERS REPLACEMENT PARTS AND DOES NOT COVER COST OF LABOR
OR SERVICES UNDER ANY CIRCUMSTANCES.
This Warranty only applies to the 50 States of the U.S.A. ZUHNE shall not be liable for any claim or demand against ZUHNE by
any other part for damages of any kind, including, but not limited to incidental and consequential damages, arising out of the
subject matter of this Agreement. Some States do not allow exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you. This Warranty gives you specific legal rights. You may also have other
rights that vary from State to State.
5
EXHIBIT H
EXHIBIT I
. FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
777 EAST WISCONSIN AVENUE
MILWAUKEE, WI 53202-5306
414.271.2400 TEL
414.297.4900 FAX
WWW.FOLEY.COM
WRITER'S DIRECT LINE

414.319. 7324
kjelenchick@foley.com E-MAIL
April 20, 2018
Via FedEx
Zuhne LLC
Attention: Rick Pal
8383 Commerce Park Drive, #600
Houston, TX 77036
Re: Kohler Co. Patents - U.S. Patent No. 9,173,487 and

U.S. Design Patent Nos. D663,389, D670,367, and D675,300
Dear Mr. Pal:
On behalf of Kohler Co. ("Kohler"), I write in follow-up to my March 2, 2018 letter

regarding Zuhne LLC's ("Zuhne") infringement of U.S. Patent No. 9,173,487 and U.S. Design
Patent Nos. D663,389, D670,367, and D675,300 (collectively, "the Kohler Patents"), copies of
which, along with the March 2, 2018 letter, are enclosed for your reference. To date, I have not
received any response to this letter.
Kohler takes this matter very seriously and expects to hear back from you no later
than Friday, April 27, 2018. If we do not hear from you as requested, we will assume Zuhne has no
defensible legal position, and Kohler will file the enclosed complaint for patent infringement in the
United States District Court for the Southern District of Texas. A copy of the complaint and exhibits
are enclosed for your reference.
Please be advised that nothing contained in this letter is intended as, or may be
deemed to constitute, a waiver or relinquishment of any of Kohler's rights and remedies under the
circumstances, all of which are hereby expressly reserved.
Sincerely,
Jelenchick
Enclosures
BOSTON JACKSONVILLE MILWAUKEE SAN DIEGO TAMPA

BRUSSELS LOS ANGELES NEW YORK SAN FRANCISCO TOKYO
CHICAGO MADISON ORLANDO SILICON VALLEY WASHINGTON, D.C.
DETROIT MIAMI SACRAMENTO TALLAHASSEE
4840-1704-6883.1
EXHIBIT -
From: Rick Pal

To: Jelenchick, Kadie M.
Subject: Re: Letter from Kohler
Date: Thursday, April 26, 2018 3:54:33 PM
Attachments: C6C19303-E735-4FC2-A0B0-BE2A7DFEDE75[5].png
1FD0E3A8-722D-4DEC-A712-C20C6D26267C[5].png
C6C19303-E735-4FC2-A0B0-BE2A7DFEDE75[6].png
1FD0E3A8-722D-4DEC-A712-C20C6D26267C[6].png
Kadie:
As suggested by your letter, we have discontinued manufacturing of apron-front sinks and removed it from
our website. We have also scrapped such sinks from our warehouse. We take such issues seriously and
appreciate you bringing it to our notice. We source products from all over the world and will advise my
team to pay extra attention going forward.
Regards,
Rick
RICK PAL
zuhnë | Kitchen/Bath Fixtures & Accessories
8383 Commerce Park Dr., Ste 600, Houston, TX 77036

main: 855.55Z.UHNE
rick@zuhne.com | www.zuhne.com
From: Rick Pal <rick@zuhne.com>

Date: Monday, March 12, 2018 at 2:40 PM
To: <kjelenchick@foley.com>
Subject: Letter from Kohler
Kadie:
I received your letter on behalf of Kohler. I have asked my team to look into it. I will revert back soon with
our response.
Regards,
Rick
RICK PAL
zuhnë | Kitchen/Bath Fixtures & Accessories
8383 Commerce Park Dr., Ste 600, Houston, TX 77036

main: 855.55Z.UHNE
rick@zuhne.com | www.zuhne.com
JS 44 (Rev. 0/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Kohler Co. Zuhne LLC
(b) County of Residence of First Listed Plaintiff Sheboygan County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) &OLFNKHUHIRU1DWXUHRI6XLW&RGH'HVFULSWLRQV
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
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u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271, et seq.,
VI. CAUSE OF ACTION Brief description of cause:
Action for patent infringement under federal law
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ .POFUBSZBOE CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JOKVODUJWFSFMJFG JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/03/2018 s/ Kadie M. Jelenchick
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 0/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. 1DWXUHRI6XLW3ODFHDQ;LQWKHDSSURSULDWHER[,IWKHUHDUHPXOWLSOHQDWXUHRIVXLWFRGHVDVVRFLDWHGZLWKWKHFDVHSLFNWKHQDWXUHRIVXLWFRGH
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V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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Case 4:18-cv-03574 Document 1 Filed in TXSD on 10/03/18 Page 1 of 20

UNITED STATES DISTRICT COURT

(“Zuhnë”), alleges to the Court as follows:

3. Kohler is informed and believes that Defendant Zuhnë is a company organized

8383 Commerce Park Drive, #600, Houston, Texas 77036.

4. This is an action for patent infringement arising out of Zuhnë’s unauthorized

§§ 1331 and 1338(a).

6. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1400(b)

regular and established place business in this District.

KOHLER HAS A HISTORY OF INNOVATION

7. Kohler, founded in 1873, is a family-owned business. It is one of America’s

plows and farm implements in Sheboygan, Wisconsin.

plumbing products manufactured by Kohler.

worldwide to be synonymous with quality and originality.

KOHLER IS A MARKET LEADER

brands continually set new standards in design, craftsmanship, and innovation.

television, magazines, and newspapers.

13. Always an innovator, Kohler continuously invests in the engineering, design,

14. Kohler currently owns thousands of patents worldwide on innovations in the

kitchen and bath industry.

attached hereto as Exhibit A.

of the ’389 patent is attached hereto as Exhibit B.

“Apron-Front Design Patents-in-Suit.”

KOHLER’S NOVEL AND DISTINCTIVE SINK DESIGNS

the ’487 patent and the Apron-Front Design Patents-in-Suit.

numerous other media outlets.

ZUHNË’S INFRINGING ACTS

claimed in the patents-in-suit.

24. Notwithstanding Kohler’s rights, Zuhnë, without permission or authorization,

correct copy of an Amazon.com webpage,

2018. See Exhibit F.

correspondence, without enclosures, is attached as Exhibit I.

correspondence is attached as Exhibit J.

willfully infringe the patents-in-suit in violation of Kohler’s rights.

INFRINGEMENT OF U.S. PATENT NO. 9,173,487

1-28, inclusive, as though fully set forth herein.

30. The ’487 patent is valid and enforceable.

remedies for Zuhnë’s infringement.

32. Without permission or authorization from Kohler and in violation of 35 U.S.C.

Front Sinks are mounted to the underside of a horizontal countertop.

See Annotated Illustration No. 1 below.

Annotated Illustration No. 1. (Exhibit E, (unannotated).)

35. The rim of the Infringing Apron-Front Sinks is configured to be mounted

adjacent an underside of a horizontal countertop as indicated in the Product Information section

36. The Infringing Apron-Front Sinks have an apron-front. See Annotated

Illustration No. 2 below.

37. Annotated Illustration No. 2. (Exhibit F, Photos of a Zuhnë Infringing Apron-

Illustration No. 3 below.

Annotated Illustration No. 3. (Exhibit E, (unannotated).)

Annotated Illustration No. 4. (Exhibit E, (unannotated).)

Annotated Illustration No. 5. (Exhibit E (unannotated).)

Illustration No. 6 below.

Annotated Illustration No. 6 below.

and until Zuhnë is enjoined from infringing the ’487 patent.

INFRINGEMENT OF U.S. DESIGN PATENT NO. D663,389

1-47, inclusive, as though fully set forth herein.

49. The ’389 patent is valid and enforceable.

remedies for Zuhnë’s infringement.

51. Without permission or authorization from Kohler, Zuhnë has imported,

infringe the ’389 patent.

Front Sinks’ designs.

Florida, taken on January 10, 2018.)

claimed designs in the ’389 patent.

56. Zuhnë’s Infringing Apron-Front Sinks have an overall appearance that is