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United States District Court Eastern District of Wisconsin UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE ELECTRIC TOOL CORPORATION, Plaintiff, v. Case No. 2:07-cv-917 PATENT CASE POSITEC USA INC., Defendant. AMENDED COMPLAINT FOR PATENT INFRINGEMENT The Plaintiff, Milwaukee Electric Tool Corporation, by its undersigned attorneys, files this amended Complaint against Defendant Positec USA Inc. alleging as follows: PARTIES AND JURISDICTION 1. The Plaintiff, Milwaukee Electric Tool Corporation (“Milwaukee”), is a Delaware corporation with its principal place of business located at 13135 West Lisbon Road, Brookfield, Wisconsin 53005. 2. Upon information and belief, Defendant, Positec USA Inc. (“Positec”), is a corporation organized and existing under the laws of North Carolina, having a principal place of business at 9009 Perimeter Woods Drive, Suite 1, Charlotte, North Carolina 28216, and is in the business, inter alia, of manufacturing and selling power tools. 3. Upon information and belief, Positec regularly transacts business in the State of Wisconsin and in this judicial district by, among other things, the sale of power tools such as circular saws, reciprocating saws, drills, and hammer drills. 4. This is an action for patent infringement founded upon the patent laws of Case 2:07-cv-00917-CNC Filed 12/18/07 Page 1 of 4 Document 6 the United States. Jurisdiction is based on 28 U.S.C. § 1338(a), and venue is based on §§ 1391 and 1400(b). SUBSTANTIVE ALLEGATIONS OF PATENT INFRINGEMENT 5. Milwaukee reincorporates and alleges as if fully set forth herein each and every allegation contained above in paragraphs 1-4. 6. On March 20, 2007, United States Letters Patent No. 7,191,526 (“the ‘526 patent”) was duly and legally issued to Mr. Jeffrey M. Zeiler et al. for an invention entitled “Movable Handle for a Power Tool.” A copy of the ‘526 patent is attached hereto as Exhibit 1 and made a part of this Complaint. 7. Milwaukee is the owner by assignment of the ‘526 patent. 8. Positec is directly infringing, inducing infringement and contributorily infringing Milwaukee’s exclusive rights in the ‘526 patent by manufacturing, importing, offering, offering for sale, and/or selling products that embody the inventions of and are within the scope of the ‘526 patent and by causing others to offer for sale, sell, and use the infringing products. These products are sold under the Worx® brand name. 9. On December 18, 2007, United States Letters Patent No. 7,308,764 (“the ‘764 patent”) was duly and legally issued to Mr. Jeffrey M. Zeiler et al. for an invention entitled “Movable Handle for a Power Tool.” 10. Milwaukee is the owner by assignment of the ‘764 patent. 11. Positec is directly infringing, inducing infringement and contributorily infringing Milwaukee’s exclusive rights in the ‘764 patent by manufacturing, importing, offering, offering for sale, and/or selling products that embody the inventions of and are within 2 Case 2:07-cv-00917-CNC Filed 12/18/07 Page 2 of 4 Document 6 the scope of the ‘526 patent and by causing others to offer for sale, sell, and use the infringing products. These products are sold under the Worx® brand name. CAUSES OF ACTION COUNT ONE PATENT INFRINGEMENT OF THE ‘526 PATENT 12. Milwaukee reincorporates and alleges as if fully set forth herein each and every allegation contained in paragraphs 1-11. 13. The acts of Defendant, Positec complained of herein constitute patent infringement of the ‘526 patent in violation of 35 U.S.C. § 271. COUNT TWO PATENT INFRINGEMENT OF THE ‘764 PATENT 14. Milwaukee reincorporates and alleges as if fully set forth herein each and every allegation contained in paragraphs 1-13. 15. The acts of Defendant, Positec complained of herein constitute patent infringement of the ‘764 patent in violation of 35 U.S.C. § 271. JURY DEMAND Plaintiff demands a trial by jury on all matters and issues triable by a jury. PRAYER FOR RELIEF WHEREFORE, the Plaintiff, Milwaukee, prays that this Court enter judgment in its favor and against the Defendant, Positec, granting the following relief: A. A declaration that Positec has infringed, induced others to infringe, and/or contributed to the infringement of the ‘526 patent and ‘764 patent; 3 Case 2:07-cv-00917-CNC Filed 12/18/07 Page 3 of 4 Document 6 B. An award of damages to Milwaukee with interest and costs for Positec’s infringement of the ‘526 patent and ‘764 patent; C. An injunction enjoining Positec, its officers, partners, employees, agents, parents, subsidiaries, attorneys, and anyone acting or participating with them, from manufacturing, making, selling, offering for sale, importing, or using a product that infringes the ‘526 patent and ‘764 patent; and D. An award to Milwaukee of such other relief as the Court may deem just and equitable. Dated: December 18, 2007 Respectfully submitted, MICHAEL BEST & FRIEDRICH LLP /s/ Joseph T. Miotke Richard H. Marschall Joseph T. Miotke MICHAEL BEST & FRIEDRICH, LLP 100 E. Wisconsin Avenue, Suite 3300 Milwaukee, Wisconsin 53202 414-271-6560 Attorneys for the Plaintiff, Milwaukee Electric Tool Corporation 4 Case 2:07-cv-00917-CNC Filed 12/18/07 Page 4 of 4 Document 6 .
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