Case 5:19-cv-02026 Document 1 Filed 10/22/19 Page 1 of 10 Page ID #:1

1 NANCY NGUYEN SIMS (Bar No. CA-215869)

nancy.sims@dlapiper.com
2 DLA PIPER LLP (US)
2000 Avenue of the Stars
3 Suite 400 North Tower
Los Angeles, CA 90067-4704
4 Tel: 310.595.3000
Fax: 310.595.3300
5
MELISSA REINCKENS (Bar No. CA-314657)
6 melissa.reinckens@dlapiper.com
DLA Piper LLP (US)
7 401 B Street, Suite 1700
San Diego, California 92101-4297
8 Tel: 619.699.2798
Fax: 619.764.6624
9
AARON G. FOUNTAIN (pro hac vice pending)
10 aaron.fountain@dlapiper.com
DLA PIPER LLP (US)
11 401 Congress Avenue, Suite 2500
Austin, Texas 78701-3799
12 Tel: 512.457.7000
Fax: 512.457.7001
13
Attorneys for Plaintiffs
14 Sandvik Intellectual Property AB,
Sandvik SRP AB, and Sandvik
15 Mining & Construction USA LLC
16
UNITED STATES DISTRICT COURT
17
CENTRAL DISTRICT OF CALIFORNIA
18
19
SANDVIK INTELLECTUAL CASE NO. 5:19-CV-2026
20 PROPERTY AB, SANDVIK SRP AB,
and SANDVIK MINING & COMPLAINT FOR PATENT
21 INFRINGEMENT
CONSTRUCTION USA LLC,
22 [JURY TRIAL REQUESTED]
Plaintiffs,
23
v.
24
KIMBALL EQUIPMENT COMPANY
25 and CRUSHER WEAR PARTS,
26 Defendants.
27
28
DLA P IPER LLP (US) EAST\162661166.4
COMPLAINT FOR PATENT INFRINGEMENT
CASE NO. 5:19-CV-2026
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1 COMPLAINT FOR PATENT INFRINGEMENT

2 Plaintiffs Sandvik Intellectual Property AB, Sandvik SRP AB, and Sandvik
3 Mining & Construction USA LLC (collectively “Sandvik”) hereby allege for this
4 Complaint for Patent Infringement against the above-named Defendants, on
5 personal knowledge as to their own activities and on information and belief as to all
6 other matters, as follows:
7 PARTIES
8 1. Plaintiff Sandvik Intellectual Property AB (“Sandvik IP”) is a
9 corporation organized under the laws of Sweden, with its headquarters and principal
10 place of business located at SE-811 81 Sandviken, Sweden.
11 2. Sandvik IP is the owner of all right, title, and interest in and to U.S.
12 Patent No. 7,338,000 (“’000 patent”) and U.S. Patent No. D781,937 (“D’937
13 patent”) (“Patents-in-Suit”).
14 3. Plaintiff Sandvik SRP AB (“Sandvik SRP”) is a limited company
15 organized under the laws of Sweden, with its headquarters and principal place of
16 business located at 23381 Svedala, Sweden.
17 4. Sandvik SRP is the exclusive licensee of the Patents-in-Suit with the
18 exclusive right worldwide to manufacture products covered by the Patents-in-Suit
19 (“Patented Products”).
20 5. Plaintiff Sandvik Mining & Construction USA LLC (“SMC USA”) is a
21 limited liability corporation organized under the laws of the State of Delaware, with
22 its headquarters and principal place of business located at 3200 Highlands Pkwy.
23 SE, Suite 200, Smyrna, Georgia 30082
24 6. SMC USA is the exclusive licensee with the right to import and sell the
25 Patented Products in the United States.
26 7. Defendant Kimball Equipment Company (“Kimball”) is a DBA
27 organized under the laws of Utah with a regular and established place of business
28 located at 24980 Maitri Rd., Corona, CA 92883.
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COMPLAINT FOR PATENT INFRINGEMENT
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1 8. Defendant Crusher Wear Parts (“CWP”) is a DBA organized under the

2 laws of Utah with its principal place of business located at 24980 Maitri Road
3 Corona, CA 92883.
4
5 JURISDICTION AND VENUE
6 9. This Court has original jurisdiction over the subject matter this action
7 pursuant to 28 U.S.C. §§ 1331 and 1338(a). This Court has personal jurisdiction
8 over Defendants at least because each Defendant (i) regularly transacts and solicits
9 business within this district, including with respect to the Infringing Products
10 (defined below); and (ii) is committing and has committed the acts of patent
11 infringement in counts below.
12 10. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)
13 and 1400(b) at least because each Defendant (i) has its principal or a regular and
14 established place of business in this district, and (ii) is committing and has
15 committed the acts of patent infringement described in the counts below.
16 FACTS COMMON TO ALL CLAIMS FOR RELIEF
17 11. Sandvik is a leading supplier of equipment, tools, services, and other
18 technical solutions to the mining and construction industries, which relate to rock
19 cutting, crushing, and screening; drilling; loading and hauling; tunneling; quarrying;
20 and breaking and demolition.
21 12. Defendants have had actual notice of the ’000 Patent at least since
22 approximately April 28, 2017, when counsel for Sandvik sent each Defendant a
23 letter notifying it of its infringement of the ’000 patent.
24 13. The Patents-in-Suit generally relate to an inner shell mantle with
25 wedges for use in gyratory crushers, and each is embodied in Sandvik’s Optiagg and
26 Flexifeed products (“Patented Products”).
27 14. Sandvik manufactures the Patented Products and sells the Patented
28 Products in the United States.
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COMPLAINT FOR PATENT INFRINGEMENT
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1 15. CWP’s Cone Manganese Liners products, including at least the

2 products bearing the numbers 15-0009 and 15-2170 (“Infringing Products”), are also
3 wedged inner shell mantles for gyratory crushers.
4 16. CWP makes, uses, sells, offers to sell, or imports into the United States
5 the Infringing Products.
6 17. Kimball distributes the Infringing Products in the United States.
7 18. By making, using, selling, offering to sell, or importing into the United
8 States the Infringing Products, the Defendants have directly and indirectly infringed,
9 literally and under the doctrine of equivalents, and continues to directly and
10 indirectly infringe several claims of the Patents-in-Suit as more particularly
11 described in the following counts.
12
13 COUNT I – INFRINGEMENT OF THE ’000 PATENT
14 19. Plaintiff incorporates by reference the allegations in paragraphs 1-18 as
15 if recited verbatim here.
16 20. On March 4, 2008, the United States Patent and Trademark Office
17 (“USPTO”) duly and legally issued the ’000 patent, which is titled, “Shell for a
18 Gyratory Crusher and a Gyratory Crusher.” A copy of the ’000 patent is attached to
19 this Complaint as Exhibit A.
20 21. Each Defendant has been and is infringing the ’000 Patent, literally and
21 under the doctrine of equivalents, by making, using, selling, or offering for sale in
22 the United States and within this judicial district, or importing into the United States
23 the Infringing Products in violation of 35 U.S.C. § 271(a).
24 22. Defendants have directly infringed and continue to directly infringe
25 numerous claims of the ’000 Patent, literally and under the doctrine of equivalents,
26 including at least claims 1-4, 7-9, and 11-14, by making, using, selling, offering to
27 sell, or importing into the United States the Infringing Products.
28 23. Each of the Infringing Products is an inner shell for use in a gyratory
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COMPLAINT FOR PATENT INFRINGEMENT
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1 crusher, that creates a crushing gap with an outer shell of the crusher. A material
2 (e.g., rocks) is supplied at the upper portion into the crushing gap, and each of the
3 Infringing Products then rotates around its center axis in a first direction and crushes
4 the material against the outer shell of the crusher.
5 24. Each of the Infringing Products has at least one additional crusher
6 surface that in horizontal projection and as seen in the first direction, has a
7 decreasing distance to said center axis. A first end of the additional surface is
8 situated at (1) the downstream end of the additional crusher surface in respect of the
9 first direction, and (2) a first distance from the center axis. Further, a second end of
10 the additional surface is situated at (1) the upstream end of the additional crusher
11 surface in respect of the first direction, and (2) a second distance from the center
12 axis. Finally, the second distance is greater than said first distance, so that objects
13 can be introduced between the additional crusher surface and the outer shell near
14 said first end in order to, near said second end, be squeezed between the additional
15 crusher surface and the outer shell and be crushed.
16 25. For at least at the upper portion of each of the Infringing Products, the
17 additional crusher surface extends around the circumference of the Infringing
18 Product over an angle of at least 20°.
19 26. For each of the Infringing Products, the additional crusher surface is
20 arched.
21 27. For each of the Infringing Products, the additional crusher surface has a
22 bulging arc-shape in relation to the center axis of the Infringing Product.
23 28. For each of the Infringing Products the additional crusher surface, as
24 seen in vertical projection, at the upper portion thereof slopes inward toward the
25 center axis of the Infringing Product. Further, for at least at the upper portion of
26 each of those Infringing Products, the additional crusher surface slopes inward
27 toward the center axis of the Infringing Product at an angle in a range of 1-55° to the
28 vertical plane.
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COMPLAINT FOR PATENT INFRINGEMENT
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1 29. Each of the Infringing Products has at least one shelf extending around
2 the inner shell, a shoulder provided with the additional crusher surface being formed
3 on said shelf.
4 30. For each of the Infringing Products, the additional crusher surface
5 extends along a height in the vertical direction that is at least 40% of the total height
6 in the vertical direction along which crushing of material takes place against the
7 inner shell.
8 31. Further, for each of the Infringing Products, the difference between the
9 first and second distance gradually decreases with increasing distance from the
10 upper portion of the Infringing Product.
11 32. For each of the Infringing Products, the additional crusher surface
12 extends along a height in the vertical direction that is at least 40% of the total height
13 in the vertical direction along which crushing of material takes place against the
14 inner shell. For each of those Infringing Products, the additional crusher surface
15 forms a transition between a first circumference portion, which on each height level
16 has a constant distance to said center axis, which distance is equal to the distance of
17 the additional crusher surface at said first end to the center axis on the respective
18 level, and a second circumference portion, which on each height level has a constant
19 distance to said center axis, which distance is equal to the distance of the additional
20 crusher surface at said second end to the center axis on the respective level.
21 33. For each of the Infringing Products, the second distance is 5-30%
22 greater than said first distance, at least in the upper portion of the Infringing Product.
23 34. Since at least as April 28, 2017, each Defendant has been inducing and
24 is continuing to induce infringement of the ’000 Patent by actively and knowingly
25 inducing others to use, sell, or offer for sale the Infringing Products that embody or
26 use the inventions claimed in the ’000 Patent.
27 35. Each Defendant has been and is continuing to contributorily infringe
28 the ’000 Patent by selling or offering to sell the Infringing Products knowing them
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1 to be especially made or especially adapted for practicing the invention of the ’000
2 Patent as described above, and not to be a staple article or commodity of commerce
3 suitable for any substantial non-infringing use.
4 36. Each Defendant’s conduct violates 35 U.S.C. § 271.
5 37. Since at least April 28, 2017, each Defendant has known of the
6 existence of the ’000 Patent, and its acts of infringement have been willful, in bad
7 faith, in disregard for the ’000 Patent and Sandvik’s rights, and without any
8 reasonable basis for believing that it had a right to engage in the infringing conduct.
9 38. Each Defendant’s acts of infringement of the ’000 Patent have caused
10 and will continue to cause Sandvik damages for which it is entitled to compensation,
11 including lost profits, pursuant to 35 U.S.C. § 284.
12 39. Each Defendant’s acts of infringement of the ’000 Patent have caused
13 and will continue to cause Sandvik immediate and irreparable harm unless such
14 infringing activities are enjoined by this Court pursuant to 35 U.S.C. § 283. Sandvik
15 has no adequate remedy at law.
16 40. Because each Defendant’s acts of infringement of the ’000 Patent have
17 been willful, Sandvik is entitled to treble damages pursuant to 35 U.S.C. § 284.
18 41. This case is exceptional and, therefore, Sandvik is entitled to an award
19 of attorneys’ fees pursuant to 35 U.S.C. § 285.
20 COUNT II - INFRINGEMENT OF THE D’937 PATENT
21 42. Plaintiff incorporates by reference the allegations in paragraphs 1-41 as
22 if recited verbatim here.
23 43. On March 21, 2017, the USPTO duly and legally issued the D’937
24 patent, which is titled “Crushing Shell.” A copy of the D’937 patent is attached to
25 this Complaint as Exhibit B.
26 44. As the sole owner of the D’937, Sandvik is the owner of all right, title,
27 and interest in the D’397 patent.
28 45. The design of the Patented Products is protected by the D’397 patent.
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1 46. Each Defendant has used and continues to use the claimed designs of
2 the D’937 Patent without Sandvik’s permission on the Infringing Products that each
3 Defendant makes, uses, offers for sale, sells, or imports into the United States.
4 47. The Table below compares an exemplary figure of the D’397 patent
with an exemplary image of the Infringing Products.
5
6 D’397 Patent Infringing Product
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
48. Each Defendant has made, used, offered to sell, sold, or imported and is
23
making, using, offering to sell, selling or importing into the United States the
24
Infringing Products having designs that infringe the D’397 Patent.
25
49. By the foregoing acts, Defendants have directly infringed, infringed
26
under the doctrine of equivalents, contributorily infringed, and/or induced
27
infringement of, and continues to so infringe the D’397 patent.
28
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1 50. On information and belief, an ordinary observer will perceive the

2 overall appearance of the designs of the Infringing Products to be substantially the
3 same as the overall appearance of the designs of the D’937 Patent.
4 51. Each Defendant’s conduct violates 35 U.S.C. § 271.
5 52. Each Defendant’s acts of infringement of the D’937 Patent have caused
6 and will continue to cause Sandvik damages for which it is entitled to compensation
7 pursuant to 35 U.S.C. §§ 284, 289, including Sandvik’s lost profits and Defendants
8 total profit.
9 53. Each Defendant’s acts of infringement of the D’937 Patent have caused
10 and will continue to cause Sandvik immediate and irreparable harm unless such
11 infringing activities are enjoined by this Court pursuant to 35 U.S.C. § 283. Sandvik
12 has no adequate remedy at law.
13 54. This case is exceptional and, therefore, Sandvik is entitled to an award
14 of attorneys’ fees pursuant to 35 U.S.C. § 285.
15 DEMAND FOR JURY TRIAL
16 55. Sandvik demands a trial by jury of any and all issues triable of right
17 before a jury.
18 PRAYER FOR RELEIF
19 WHEREFORE, Sandvik prays for judgment against Defendants as follows:
20  A judgment that each Defendant infringed each of the Patents-in-Suit;
21  A judgment that each Defendant willfully infringed each of the Patents-
22 in-Suit;
23  A permanent injunction enjoining each Defendant, and all person
24 acting in concert with each Defendant, from infringing each of the
25 Patents-in-Suit;
26  A judgment and order awarding Sandvik all damages, including lost
27 profits, sustained as a result of each Defendant’s infringement of the
28 Patents-in-Suit described above, together with appropriate interest
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COMPLAINT FOR PATENT INFRINGEMENT
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1 thereon and that such sums be trebled pursuant to 35 U.S.C. § 284;

2  A judgment and order awarding Sandvik the total profits realized by
3 each Defendant from its infringement of the Patents-in-Suit pursuant to
4 35 U.S.C. § 289.
5  A determination that this is an exceptional case under 35 U.S.C. § 285;
6  A judgment and order awarding of Sandvik’s reasonable attorneys’
7 fees;
8  A judgment and order awarding Sandvik enhanced damages up to three
9 times any amount ordered under 35 U.S.C. §§ 284 and 289.
10  A judgment and order awarding Sandvik both pre-judgment and post-
11 judgment interest on each and every monetary award.
12  A judgment and order granting Sandvik such other and further relief as
13 the Court may consider equitable, just, and proper.
14
15 DLA Piper LLP (US)
16 By: /s/ Nancy Nguyen Sims
17 Attorneys for Plaintiffs
Sandvik Intellectual Property AB,
18 Sandvik SRP AB, and Sandvik
Mining & Construction USA LLC
19
20
21
22
23
24
25
26
27
28
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EXHIBIT A
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EXHIBIT B
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