Lucas-Milhaupt v. Bellman-Melcor

8/3/2019 Lucas-Milhaupt v. Bellman-Melcor

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

LUCAS-MILHAUPT, INC., )

)

Plaintiff, ))

v. ) Civil Action No. 11cv7557

)

BELLMAN-MELCOR, LLC, ))

Defendant. )

COMPLAINT

Plaintiff Lucas-Milhaupt, Inc. (Lucas-Milhaupt), for its Complaint against Defendant

Bellman-Melcor, LLC, (Bellman-Melcor), hereby demands a jury trial and alleges as follows:

Nature of Action

1. This is a civil action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271 et seq.

Jurisdiction and Venue

2. This action arises under the patent laws of the United States, Title 35, United

States Code.

3. The district court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 and 1338(a).

4. This Court has personal jurisdiction over Bellman-Melcor because, on

information and belief, Bellman-Melcor has a principal place of business in this District, has

done substantial business in this District, and has committed and continues to commit acts of

patent infringement in this District.

5. Venue is proper in this judicial district under 28 U.S.C. 1391(a), 1391(c), and

1400(b).


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Parties

6. Plaintiff Lucas-Milhaupt is a Wisconsin corporation with its principal place of

business at 5656 South Pennsylvania Avenue, Cudahy, Wisconsin 53110. Among other things,

the Plaintiff is engaged in the business of manufacturing and selling brazing materials, including

flux cored alloys used in metal-joining applications. Plaintiff Lucas-Milhaupt is the assignee and

current owner of U.S. Patent No. RE 42,329 ("'329 patent").

7. On information and belief, Defendant Bellman-Melcor is an Illinois limited

liability company with its principal place of business in this District at 7575 West 183rd Street,

Tinley Park, Illinois 60477.

Background Facts

8. Lucas-Milhaupt is a leading manufacturer and service provider in the brazing

industry. Lucas-Milhaupt manufactures and provides brazing products, fabrication services,

technical training, and design services to its customers. Lucas-Milhaupts business includes,

among other things, the manufacture of flux cored alloys that combine a brazing flux and a filler

metal in a single product.

9. Lucas-Milhaupt developed a unique flux cored alloy for use in brazing

applications, which is known in the industry as Handy One flux cored alloy.

10. The '329 patent, entitled Flux Cored Preforms for Brazing, naming inventors

Charles E. Fuerstenau and Alan Behlolav, arose from U.S. App. Ser. No. 11/639,356, which was

filed on December 14, 2006 as a reissue application of U.S. Patent No. 6,830,632 ("'632 patent").

The '632 patent was duly and legally issued by the United States Patent and Trademark Office on

or about December 14, 2004, and is assigned to Plaintiff Lucas-Milhaupt. A true and correct

copy of the '329 patent is attached as Exhibit A.


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11. Defendant Bellman-Melcor manufactures, sells, and offers for sale flux cored

alloy products for use in brazing applications under the CHANNELFLUX trademark.

COUNT I:

Infringement of U.S. Patent No. Re 42,329

12. Lucas-Milhaupt restates and incorporates by reference the allegations in

paragraphs 1 through 11 above.

13. Bellman-Melcor manufactures, offers to sell and sells flux cored alloy products

that infringe the '329 patent in violation of 35 U.S.C. 271(a).

14. For example, and without limitation, Bellman-Melcor directly infringes the '329

patent by manufacturing, offering for sale, and selling flux cored alloy products under the

trademark CHANNELFLUX.

15. Upon information and belief, Bellman-Melcor has had both constructive and

actual notice of the '329 patent.

16. Upon information and belief, despite its knowledge of the '329 patent, Bellman-

Melcor continues to manufacture, offer for sale, and sell its infringing products. Upon

information and belief, Bellman-Melcor's infringement of the '329 patent is willful.

17. Upon information and belief, Bellman-Melcor will continue to infringe the '329

patent unless and until it is enjoined by a court.

18. Bellman-Melcors infringement has caused and continues to cause irreparable

harm to Lucas-Milhaupt, including, but not limited to, infringing upon Lucas-Milhaupts rights

in and to the '329 patent.

19. Lucas-Milhaupt has been damaged by Bellman-Melcors infringement of the '329

patent.


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20. Bellman Melcors conduct shows a lack of the required duty of care to avoid

infringement such that this is an exceptional case; therefore, Lucas-Milhaupt should be awarded

its reasonable attorneys fees pursuant to 35 U.S.C. 285.

21. Pursuant to 35 U.S.C. 284, Lucas-Milhaupt is entitled to enhanced damages for

infringement, up to treble damages.

22. Pursuant to 35 U.S.C. 283, Lucas-Milhaupt is entitled to a preliminary and a

permanent injunction against further infringement.

WHEREFORE, Plaintiff Lucas-Milhaupt demands judgment against defendant Bellman-

Melcor as follows:

A. That Defendant be preliminarily and permanently enjoined from manufacturing or

selling any further brazing products that infringe the '329 patent.

B. An award of Plaintiffs actual damages.

C. An award trebling or enhancing the damage found due to Defendant's willfulinfringement.

D. An award of Plaintiffs costs, including attorneys fees.

E. Any other relief that the court may deem proper and just.

JURY DEMAND

Plaintiff Lucas-Milhaupt, Inc. demands a jury trial for all factual issues not admitted by

Defendant.

Respectfully submitted,

Dated: October 24, 2011 /s/Anthony Nimmo___________________

Anthony Nimmo (ARDC # 6195174)Kregg T. Brooks (ARDC # 6299181)

ICE MILLER LLP

200 W. Madison St., Suite 3500Chicago, IL 60606

(312) 726-8149

Counsel for Lucas-Milhaupt, Inc.C/119268.1

Documents

Lucas-Milhaupt v. Bellman-Melcor