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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
MARINE TECHNOLOGIES, INC, an Illinois corporation, Plaintiff, v. ATWOOD MOBILE PRODUCTS LLC, a Delaware Limited Liability Company, Defendant.
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COMPLAINT FOR PATENT INFRINGEMENT AND OTHER RELIEF Plaintiff, MARINE TECHNOLOGIES, INC, by counsel, Kevin K. McQuillan of MCQUILLAN LAW OFFICE LLC, for its Complaint against ATWOOD MOBILE PRODUCTS LLC, alleges as follows: COUNT I (Patent Infringement) The Parties 1. MARINE TECHNOLOGIES, INC, (MTI) is an Illinois corporation, with its
principal place of business at 31632 N. Ellis Drive, No. 301, Volo, Illinois. MTI is engaged in the design, manufacture, packaging, distributing and selling of recreational vehicle safety devices, including a unique Combination Airborne Substance Detector for use in recreational vehicles. 2. ATWOOD MOBILE PRODUCTS LLC (ATWOOD) is a Delaware Limited
Liability Company, with its principal place of business at 1120 N. Main Street, Elkhart, IN. 3. ATWOOD is engaged in the design, manufacture, packaging, importing,
distributing and selling of recreational vehicle components to customers and its dealers and
service centers throughout the United States, specifically including dealers and service centers within the Northern District of Illinois. 4. ATWOOD is a competitor of MTI in the area of certain recreational vehicle
safety devices, including detectors and has begun selling what it refers to as an LP & CO Gas Detector. Jurisdiction and Venue 5. This is an action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. 1-376. 6. 1331 and 1338. 7. This Court has personal jurisdiction over the defendant. Venue in this Judicial This Court has jurisdiction of the subject matter of this action under 28 U.S.C.
District is proper under 28 U.S.C. 1391(b) and (c) and 1400(b), and 735 ILCS 5/2-209. MTIs Patent Rights 8. MTI is the owner of U.S. Patent No. 7,248,156, (the 156 Patent) issued on
July 24, 2007 and entitled Combination Airborne Substance Detector. 9. Pursuant to 35 U.S.C. 287, MTI had placed, and continues to place, the required
statutory notice of its 156 Patent on its devices falling within the scope of the claims of the 156 Patent. 10. ATWOODs liability for patent infringement damages commenced to accrue on
the date that the 156 Patent was first infringed. 11. In addition, MTI has previously provided written notice to ATWOOD of its
Defendants Infringement 12. Pursuant to 35 U.S.C. 271, ATWOOD has directly infringed, actively induced
infringement of, and contributorily infringed the 156 Patent, and is still doing so, by designing, manufacturing, packaging, importing, distributing, using and selling and offering for sale within the United States, and within this Judicial District, LP & CO Gas Detectors that employ the inventions of the 156 Patent, and will continue to do so if not enjoined by this Court. 13. ATWOOD has had both actual and constructive notice of the 156 Patent before
the present suit was filed, but nonetheless continues to infringe, thus committing willful and deliberate infringement of the 156 Patent in complete disregard of MTIs rights. 14. The infringing acts in this Judicial District and elsewhere with the United States
are without authorization or license from MTI. 15. As a result of the foregoing infringing activity of ATWOOD, MTI will suffer
irreparable harm unless ATWOOD is enjoined by this Court. 16. ATWOODS conduct renders this an exceptional case under 35 U.S.C. 285
thereby entitling MTI to an award of reasonable attorney fees. Relief Requested MTI prays for judgment against ATWOOD as follows and for the following relief: 1. 2. A finding that ATWOOD has infringed the 156 Patent. 35 U.S.C. 271. A preliminary injunction prohibiting ATWOODs continuing infringement of the
156 Patent during the pendency of this action. 35 U.S.C. 283. 3. A permanent injunction, after adjudication on the merits, prohibiting ATWOODs
4.
the 156 Patent. 35 U.S.C. 284 5. An award of prejudgment interest on the infringement damages, accruing from the
date of ATWOODs individual acts of infringement. 35 U.S.C. 284. 6. 7. An award of treble damages. 35 U.S.C. 284. An award of MTIs attorneys fees and costs incurred in pursuing this action. 35
U.S.C. 284 and 285. 8. An accounting of all gains, profits, advantages and unjust enrichment derived by
ATWOOD from its violations of law. 9. An order requiring ATWOOD to deliver to MTI, for destruction at MTIs option,
all products that infringe the 156 Patent. 10. evidence. DEMAND FOR JURY TRIAL MTI demands a trial by jury as to all issues triable by jury in this action. Dated: November 28, 2011 Respectfully submitted: By: ___/s/ Kevin K. McQuillan___ Kevin K. McQuillan Such other and further relief as is warranted and justified by the pleadings and the