UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS LUCAS-MILHAUPT, INC., Plaintiff, v. BELLMAN-MELCOR, LLC, Defendant.

) ) ) ) ) Civil Action No. 11cv7557 ) ) ) ) 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. States Code. 3. The district court has subject matter jurisdiction over this action pursuant to 28 This action arises under the patent laws of the United States, Title 35, United

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. 1400(b). Venue is proper in this judicial district under 28 U.S.C. 1391(a), 1391(c), and

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

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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 BellmanMelcor 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 willful infringement. 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 3500 Chicago, IL 60606 (312) 726-8149 Counsel for Lucas-Milhaupt, Inc.

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