V

&

Timothy S. DeJong, OSB No. 940662 Email: tdejong@stollberne.com

Robert A. Shlachter, OSB No. 911718

Email: rshlachter@stollberne.com
Elizabeth Tedesco Milesnick, OSB No. 050933

FiiBi5 JU_'ii li52USBC-i

Email: emilesnick@stollberne.com
Jacob S. Gill, OSB No. 033238

Email: jgill@stollberne.com
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. Oak Street, Fifth Floor Portland, Oregon 97204

Telephone: Facsimile:

(503)227-1600 (503) 227-6840

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

IdaTech, LLC, an Oregon limited liability

company,

CasetCVll-622 8

L\

Plaintiff,

COMPLAINT FOR PATENT INFRINGEMENT

JURY TRIAL DEMANDED

Element One LLC, an Oregon limited

liability company; and David Edlund, an

individual,
Defendants.

Plaintiff IdaTech, LLC ("IdaTech"), for its complaint against defendants Element One

LLC ("Element One") and David Edlund ("Edlund") (collectively, "Defendants"), states as
follows:

v\\yi Pagel$
3051

COMPLAINT FOR PATENT INFRINGEMENT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. OAK STREET

PORTLAND, OREGON 97204

TEL. (503)227-1600 FAX(503)227-6840

Nature of the Case

1.

This is an action for patent infringement under the patent laws of the United

States, 35 U.S.C. 1 et seq., and specifically under 35 U.S.C. 271 and 281.
The Parties

2.

IdaTech is an Oregon limited liability company with its principal place of

business at 63065 N.E. 18th Street, Bend, Oregon 97701.

3. Element One is an Oregon limited liability company with its principal place of

business at 345 Cyber Drive, Suite 105, Bend, Oregon 97702.

4.
97701.

Edlund is an individual residing at 2317 N.W. Tower Rock Road, Bend, Oregon

Jurisdiction and Venue

5.

This Court has jurisdiction under 28 U.S.C. 1331 and 1338(a).

6.

Venue is appropriate pursuant to 28 U.S.C. 1391(b) and (c) and 1400(b).

Claim for Relief

(Patent Infringement Against All Defendants)

7. IdaTech is the owner of U.S. Patent No. 5,861,137 entitled "Steam Reformer with

Internal Hydrogen Purification," which issued on January 19, 1999 (the " '137 Patent"), a copy
of which is attached hereto as Exhibit A: U.S. Patent No. 5,997,594, entitled "Steam Reformer

with Internal Hydrogen Purification," which issued on December 7,1999 (the " '594 Patent"), a

copy of which is attached hereto as Exhibit B; and U.S. Patent No. 6,221,117, entitled "Hydrogen Producing Fuel Processing System," which issued on April 24, 2001 (the "'117

Patent"), a copy of which is attached hereto as ExhibitC. Collectively, the '137 Patent, the '594 patent, and the ' 117 Patent are referred to in this Complaint as the "AssertedPatents."
Page2 305111
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. OAK STREET

COMPLAINT FOR PATENT INFRINGEMENT

PORTLAND, OREGON 97204

TEL. (503)227-1600 FAX(503)227-6840

8.

Element One is in the business of designing, manufacturing, marketing and

selling hydrogen generator(fuel reformer) products and components for hydrogen generator

(fuel reformer) products and fuel cell systems from its principal place of business in Bend,
Oregon.
9. Edlund is a co-founder and Chief Executive Officer of Element One and is

responsible for technical development, manufacturing, and business development at Element

One.

10.

Edlund is a former employee of IdaTech and a named inventor on each of the

Asserted Patents. Edlund assigned each of the Asserted Patents to IdaTech. IdaTech has owned
each of the Asserted Patents since its issuance.

11.

Element One has infringedand is infringing each of the Asserted Patents by,

among other things, making, using, selling or offering to sell in the United States, including in
thisjudicial district, hydrogen generator (fuel reformer) products or components for hydrogen
generator (fuel reformer) products and fuel cell systems.

12.

Edlund has actively induced and is actively inducing infringement of eachof the

Asserted Patents:

a.

At all material times, Edlund had actual knowledge of each of the

Asserted Patents.

b.

In his capacity as Chief Executive Officerof Element One, Edlund

authorized and directed the infringing conductof Element One described in Paragraph 11

of this Complaint, and Edlund participated in the decision to cause Element One to
engage in such conduct.

Page3 305111

COMPLAINT FOR PATENT INFRINGEMENT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. OAK STREET

PORTLAND, OREGON 97204

TEL. (503)227-1600 FAX(503)227-6840

c.

At all material times, Edlund either (i) knew that the conduct of Element

One described in Paragraph 11 of this Complaint infringed each of the Asserted Patents;

or (ii) believedthat there was a high probability that such conduct infringed each of the
Asserted Patents and took deliberate actions to avoid confirming that fact.

13.

Element One's acts of infringement have been willful and deliberate: a. At all material times, Element One had actual knowledge of each of the

Asserted Patents.

b.

At all material times, Element One either (i) engaged in the conduct

described in Paragraph 11 of this Complaint knowing that such conduct would infringe
each of the Asserted Patents; or (ii) engaged in such conduct knowing that there was a
substantial risk that such conduct would infringe each of the Asserted Patents.

14.

Edlund's acts of infringement have been willful and deliberate:

a. At all material times, Edlund had actual knowledge of each of the

Asserted Patents.

b.

At all material times, Edlund either (i) engaged in the conduct described in

Paragraph 12of this Complaint knowing that suchconduct would induce infringement of
each of the Asserted Patents; or (ii) engaged in such conduct knowing that there was a substantial risk that such conduct would induce infringement of each of the Asserted
Patents.

15.

IdaTech has suffered, and will continue to suffer, substantial harm due to

Defendants' infringing acts, and is entitledto recover damages from Defendants in an amount

adequate to compensate IdaTech for the infringement that has occurred, but in no event less than
a reasonable royalty for the use made by Defendants of the inventions.
Page 4 305U1
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. OAK STREET

COMPLAINT FOR PATENT INFRINGEMENT

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

16.

IdaTech has suffered, and will continue to suffer, permanent and irreparable

injury, for which IdaTechhas no adequate remedy at law. IdaTech is entitled to injunctive relief
enjoining Defendants from infringing the Asserted Patents. 17. IdaTech is entitled to the relief provided by 35 U.S.C. 281, 283, 284, and 285.
Prayer for Relief

WHEREFORE, IdaTech demands judgment in its favor and against Defendants requiring

Defendants to appear and answer and, at trial or final hearing, that IdaTech recover from and
against Defendants the following relief:

A.
B.
C.

Actual and statutorily increased damages in an amount that has yet to be

ascertained;

An order for an accounting of damages;

Costs of Court;

D.

IdaTech's attorney fees and expenses pursuant to 35 U.S.C. 285, ORS 646.467,
and 15 U.S.C. 1117(a);

E.

For an order permanently enjoining Defendants, their agents, officers, assigns and others acting in concert with Defendants from infringing, inducing infringement of, or contributing to infringement of the Asserted Patents; and
All other relief to which IdaTech is justly entitled.

F.

///

///

///

Page 5 305111

COMPLAINTFOR PATENT INFRINGEMENT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. OAK STREET

PORTLAND, OREGON 97204

TEL.(503)227-1600 FAX(503)227-6840

Demand for Jury Trial

IdaTech hereby demands a trial by jury.

DATED this 15th day of July, 2011.

STOLL STOLI/fifcRNE LOKTING & SHLACHTER P.C.

By:

Timbthv$f DKTofrg, OSB No. 940662

Robert MShlachter, OSB No. 911718

Elizabeth Tedesco Milesnick, OSB No. 050933
Jacob S. Gill, OSB No. 033238

209 SW Oak Street, 5th Floor

Portland, OR 97204

Telephone: Facsimile: Email:

(503)227-1600 (503) 227-6840 tdejong@stollberne.com rshlachter@stollberne.com emilesnick@stollberne.com jgill@stollberne.com

Attorneys for Plaintiff

Page 6
305111

COMPLAINT FOR PATENT INFRINGEMENT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. OAK STREET

PORTLAND, OREGON 97204

TEL. (503)227-1600 FAX(503)227-6840