UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Shop-Vac Corporation Plaintiff, vs.

Alton Industries Group Ltd. Defendant. ) ) ) ) ) ) ) ) Civil Action No. 13cv3716 JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Shop-Vac Corporation, through its attorneys, Thomas L. Duston, Robert M. Gerstein, and Julianne Hartzell of Marshall, Gerstein & Borun LLP, complains as follows against Alton Industries Group Ltd. INTRODUCTION 1. Shop-Vac Corporation (Shop-Vac) is a world leader in wet/dry vacuum

cleaners. Shop-Vac is known for the quality, dependability, and durability of its products. ShopVacs invests heavily in the research and development of its vacuum cleaners and protects this investment in its intellectual property. 2. Shop-Vac seeks damages and other relief relating to the past and continuing

infringement by Alton Industries of Shop-Vacs patents. PARTIES 3. Plaintiff Shop-Vac Corporation (Shop-Vac) is a corporation organized and

existing under the laws of the state of New Jersey with its principal place of business at 2323 Reach Road, Williamsport, PA 17701-41. Shop-Vac designs, engineers, manufactures and sells wet/dry vacuum cleaners and accessories for consumer, industrial and commercial applications.

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Upon information and belief, defendant Alton Industries Group Ltd. (Alton) is a

corporation organized and existing under the laws of the state of Delaware with its principal place of business at 1031 North Raddant Road, Batavia, IL 60510. Alton Industries manufactures, offers for sale and sells products including wet/dry vacuum cleaners. JURISDICTION 5. This action is for patent infringement under the United States Patent Laws 35

U.S.C. 271, et seq. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338. 6. This Court has personal jurisdiction over Alton because defendant Alton resides

in this district with its principal place of business in Batavia, Illinois and, upon information and belief, Alton has committed acts of patent infringement in this district by manufacturing, offering for sale, and selling wet/dry vacuum cleaners. VENUE 7. Venue is proper in this Court pursuant to 28 U.S.C. 1391 and 1400. COUNT IINFRINGEMENT OF U.S. PATENT NO. RE39595 8. 9. Shop-Vac realleges paragraphs 1-7 of this Complaint as if fully set forth here. Shop-Vac is the owner by assignment of all right, title and interest in and to

United States Patent No. RE39595, entitled Vacuum Cleaner Tank Assembly (hereinafter the 595 Patent). The 595 Patent is a reissue of United States Patent No. 6,179,889. The 595 Patent is valid, enforceable and was duly issued by the United States Patent Office. A true and correct copy of the 595 Patent is attached hereto as Exhibit A. 10. Alton has directly infringed, and continues to directly infringe, one or more

claims of the 595 Patent, including but not limited to Claim 1, by or through its manufacture, sale, offer to sell, and importation of wet/dry vacuum cleaners, including at least model numbers

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SL18133P (Hang Up Wet/Dry Vacuum) and 8200520 (5 Gallon Stainless Steel Wet/Dry Vacuum). 11. On information and belief, Altons infringing acts are deliberate, willful, and will

continue unless enjoined by the Court. 12. 19. As a result of this infringement, Shop-Vac has suffered and will continue

to suffer irreparable injury and damages for which Shop-Vac is entitled to relief, including no less than a reasonable royalty for the infringement. COUNT II INFRINGEMENT OF U.S. PATENT NO. 6,557,206 13. 14. Shop-Vac realleges paragraphs 1-7 of this Complaint as if fully set forth here. Shop-Vac is the owner by assignment of all right, title and interest in and to

United States Patent No. 6,557,206, entitled Vacuum Cleaner Mounting Assembly (hereinafter the 206 Patent). The 206 Patent is valid, enforceable and was duly issued by the United States Patent Office. A true and correct copy of the 206 Patent is attached hereto as Exhibit B. 15. Alton has directly infringed, and continues to directly infringe, one or more

claims of the 206 Patent, including but not limited to Claim 2, by or through its manufacture, sale, offer to sell, and importation of wet/dry vacuum cleaners, including at least model number SL18133P (Hang Up Wet/Dry Vacuum). 16. Alton has indirectly infringed, and continues to indirectly infringe, one or more

claims of the 206 Patent, including but not limited to Claim 1, by inducing and/or contributing to the direct infringement of those claims by purchasers of Altons wet/dry vacuum cleaners, including at least model number SL18133P (Hang Up Wet/Dry Vacuum). On information and belief, Alton had knowledge of the 206 Patent prior to the filing of the instant action and knew

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or should have known that its actions would induce and/or contribute to direct infringement by these purchasers, and Alton intended such actions of its purchasers. 17. On information and belief, Altons infringing acts are deliberate, willful, and will

continue unless enjoined by the Court. 18. As a result of this infringement, Shop-Vac has suffered and will continue to suffer

irreparable injury and damages for which Shop-Vac is entitled to relief, including no less than a reasonable royalty for the infringement. COUNT III INFRINGEMENT OF U.S. PATENT NO. 5,855,634 19. 20. Shop-Vac realleges paragraphs 1-7 of this Complaint as if fully set forth here. Shop-Vac is the owner by assignment of all right, title and interest in and to

United States Patent No. 5,855,634, entitled Filter Retainer for a Vacuum Cleaner (hereinafter the 634 Patent). The 634 Patent is valid, enforceable and was duly issued by the United States Patent Office. A true and correct copy of the 634 Patent is attached hereto as Exhibit C. 21. On February 17, 2010, Shop-Vac filed a lawsuit against Alton alleging

infringement of the 634 patent. Accordingly, Alton has been on notice of the 634 patent since at least that date. 22. Alton has directly infringed, and continues to directly infringe, one or more

claims of the 634 Patent, including but not limited to Claim1, by or through its manufacture, sale, offer to sell, and importation of wet/dry vacuum cleaners, including at least model numbers SL18012 (14 Gallon Stainless Steel Wet/Dry Vac), 8355118 (10.0 Gallon Wet/Dry Vacuum), and 8200520 (5 Gallon Stainless Steel Wet/Dry Vacuum). 23. Alton has indirectly infringed, and continues to indirectly infringe, one or more

claims of the 634 Patent, including but not limited to Claim 1, by inducing and/or contributing

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to the direct infringement of those claims by purchasers of Altons wet/dry vacuum cleaners, including at least model numbers SL18012 (14 Gallon Stainless Steel Wet/Dry Vac), 8355118 (10.0 Gallon Wet/Dry Vacuum), and 8200520 (5 Gallon Stainless Steel Wet/Dry Vacuum). On information and belief, Alton had knowledge of the 634 Patent prior to the filing of the instant action and knew or should have known that its actions would induce and/or contribute to direct infringement by these purchasers, and Alton intended such actions of its purchasers. 24. On information and belief, Altons infringing acts are deliberate, willful, and will

continue unless enjoined by the Court. 25. As a result of this infringement, Shop-Vac has suffered and will continue to suffer

irreparable injury and damages for which Shop-Vac is entitled to relief, including no less than a reasonable royalty for the infringement. COUNT IV INFRINGEMENT OF U.S. PATENT NO. 6,264,427 26. 27. Shop-Vac realleges paragraphs 1-7 of this Complaint as if fully set forth here. Shop-Vac is the owner by assignment of all right, title and interest in and to

United States Patent No. 6,264,427 (Vaneless Impeller Housing for a Vacuum Cleaner) (hereinafter the 427 Patent). The 427 Patent is valid, enforceable and was duly issued by the United States Patent Office. A true and correct copy of the 427 Patent is attached hereto as Exhibit D. 28. Alton has directly infringed, and continues to directly infringe, one or more

claims of the 427 Patent, including but not limited to Claim 8, by or through its manufacture, sale, offer to sell, and importation of wet/dry vacuum cleaners, including at least model numbers 8190315 (Portable Wet/Dry Vacuum), 8192528 (Blue Hawk 3 Gallon Wet/Dry Vacuum), 8255519 (Blue Hawk 5 Gallon Wet/Dry Vacuum), 8255618 (6 Gallon Portable Poly Series

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Wet/Dry Vacuum), 8200520 (5 Gallon Stainless Steel Wet/Dry Vacuum), SL1812SDC (Power 12 V DC Wet/Dry Vacuum), 8355118 (10.0 Gallon Wet/Dry Vacuum), and SL18016 (6.0 Gallon Stainless Steel Wet/Dry Vac). 29. On information and belief, Altons infringing acts are deliberate, willful, and will

continue unless enjoined by the Court. 30. As a result of this infringement, Shop-Vac has suffered and will continue to suffer

irreparable injury and damages for which Shop-Vac is entitled to relief, including no less than a reasonable royalty for the infringement. COUNT V INFRINGEMENT OF U.S. PATENT NO. 6,485,259 31. 32. Shop-Vac realleges paragraphs 1-7 of this Complaint as if fully set forth here. Shop-Vac is the owner by assignment of all right, title and interest in and to

United States Patent No. 6,485,259 (Vaneless Impeller Housing for a Vacuum Cleaner) (hereinafter the 259 Patent). The 259 Patent is valid, enforceable and was duly issued by the United States Patent Office. A true and correct copy of the 259 Patent is attached hereto as Exhibit E. 33. Alton has directly infringed, and continues to directly infringe, one or more

claims of the 259 Patent, including but not limited to Claim1, by or through its manufacture, sale, offer to sell, and importation of wet/dry vacuum cleaners, including at least model numbers 8190315 (Portable Wet/Dry Vacuum), 8192528 (Blue Hawk 3 Gallon Wet/Dry Vacuum), 8255519 (Blue Hawk 5 Gallon Wet/Dry Vacuum), 8255618 (6 Gallon Portable Poly Series Wet/Dry Vacuum), 8200520 (5 Gallon Stainless Steel Wet/Dry Vacuum), SL1812SDC (Power 12 V DC Wet/Dry Vacuum), 8355118 (10.0 Gallon Wet/Dry Vacuum), and SL18016 (6.0 Gallon Stainless Steel Wet/Dry Vac).

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On information and belief, Altons infringing acts are deliberate, willful, and will

continue unless enjoined by the Court. 35. As a result of this infringement, Shop-Vac has suffered and will continue to suffer

irreparable injury and damages for which Shop-Vac is entitled to relief, including no less than a reasonable royalty for the infringement. PRAYER FOR RELIEF Shop-Vac prays for the following relief: A. For entry of judgment that Alton has infringed U.S. Patent Nos. RE39595,

6,557,206, 5,855,634, 6,264,427, and 6,485,259. B. That Alton and its agents, officers, employees, representatives, successors,

assigns, and all other persons acting for, with, by, through, or under authority from Alton be permanently enjoined from infringing U.S. Patent Nos. RE39595, 6,557,206, 5,855,634, 6,264,427, and 6,485,259, either directly or indirectly. C. For an award of damages to compensate Shop-Vac for Altons infringement of

U.S. Patent Nos. RE39595, 6,557,206, 5,855,634, 6,264,427, and 6,485,259 pursuant to 35 U.S.C. 284, but no less than a reasonable royalty. D. E. For an award of enhanced damages pursuant to 35 U.S.C. 284. For an award of pre-judgment and post-judgment interest and costs to Shop-Vac

in accordance with 35 U.S.C. 284. F. G. For an award of Shop-Vacs reasonable attorney fees pursuant to 35 U.S.C. 285. For an award of such other and further relief as this Court may deem just, proper,

and equitable under the circumstances.

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JURY DEMAND Shop-Vac demands trial by jury of all issues properly so triable.

Dated: May 17, 2013

By:

/s/ Julianne M. Hartzell Thomas L. Duston tduston@marshallip.com Robert M. Gerstein rgerstein@marshallip.com Julianne M. Hartzell jhartzell@marshallip.com Marshall, Gerstein & Borun LLP 233 South Wacker Drive 6300 Willis Tower Chicago, IL 60606-6357 (312) 474-6300 Attorneys for Plaintiff

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