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I N THE UNI TED STATES DI STRI CT COURT

DI STRI CT OF SOUTH CAROLI NA
FLORENCE DI VI SI ON

WOLVERINE BRASS, INC., )
)
Plaintiff, ) Civil Action No. _________________
)
v. ) J ury Trial Demanded
)
KOHLER CO., )
)
Defendant. )
_____________________________ )

WOLVERI NE BRASS, I NC.S ORI GI NAL COMPLAI NT FOR
DECLARATORY J UDGMENT OF NON-I NFRI NGEMENT

Plaintiff, Wolverine Brass, Inc. (Wolverine) files this Original Complaint for
Declaratory J udgment of Non-Infringement against Kohler Co. (Kohler), and respectfully
shows the Court as follows:
I . PARTI ES
1. Wolverine Brass, Inc. is a corporation organized and existing under the laws of
the State of Delaware, with its principle place of business located at 2951 Hwy. 501 E, Conway,
South Carolina 29526. As described in greater detail below, Wolverine has standing to bring this
action based upon at least a letter from Kohler of J anuary 25, 2013. (See attached Exhibit A).
The letter accuses Wolverine of infringing United States Design Patent No. D529,153, a position
that Wolverine disputes, and, thus, creates an actual case and controversy between the parties.
2. Kohler Co. is a corporation existing under the laws of the State of Wisconsin and
maintains its principle place of business at 444 Highland Drive, Kohler, Wisconsin 53044.
Kohler sells its products throughout the United States, including South Carolina, and can be
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served with process through its registered agent Herbert V. Kohler, J r., at 444 Highland Drive,
Kohler, Wisconsin 53044.
I I . J URI SDI CTI ON AND VENUE
3. This is a civil action seeking a declaration of non-infringement of United States
Design Patent No. D529,153 (the 153 Patent) and, thus, arises under the United States patent
laws, 35 U.S.C. 271 et seq., and is being further brought under the Declaratory J udgments Act,
28 U.S.C. 2201-2202.
4. This Court has subject-matter jurisdiction over this matter under 28 U.S.C. 1331
and 1338(a).
5. Defendant, Kohler, has sufficient contacts with the District of South Carolina to
subject it to the general and specific personal jurisdiction of this Court. Kohler has continuous
and systematic activities with South Carolina. For example, Kohler purposefully solicits
business from South Carolina residents by selling its products through its dealers in over
approximately 40 locations throughout South Carolina. Moreover, Kohler sent a letter to
Wolverine, a company headquartered in South Carolina, accusing it of infringing the 153 Patent
and demanding that Wolverine make monetary payments to Kohler. In this same letter, Kohler
demanded that Wolverine discontinue selling products to South Carolina residents.
6. Venue is proper in the Florence Division of the District of South Carolina
pursuant to 28 U.S.C. 1391(b)-(c) and Local Court Rule 3.01.


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I I I . COUNT I DECLARATORY J UDGMENT OF NON-I NFRI NGEMENT
7. Wolverine Brass, Inc., has been in business since 1896. Wolverine sells a vast
array of plumbing products, including sinks, faucets, and toilets. With respect to the latter,
Wolverine currently sells a particular model under the name Finale Ultimate Toilet.
8. On or about J anuary 25, 2013, Wolverine received a letter from Kohlers outside
litigation counsel J effrey N. Costakos and Kadie M. J elenchick of the Foley & Lardner LLP law
firm (the Letter). A true and correct copy of the Letter is attached hereto as Ex. A. The Letter
provides that Kohler owns a number of patents relating to among other things, toilet and tank
designs, including U.S. Design Patent No. D529,153. Kohler further expressly alleged that
Wolverine Brasss Finale Ultimate Toilet infringes at least the 153 patent.
9. Based on Kohlers allegation of patent infringement against Wolverine, Kohler,
through its outside litigation counsel, made the following demands in the Letter:
We demand that you immediately stop selling the Finale
Ultimate Toilet, and any other similarly styled toilets . . . and
remove these products from your website. (emphasis in original)
We demand that Wolverine Brass provide us with a binding,
written undertaking that it agrees to cease and desist from
infringing the 153 patent, and that Wolverine Brass agrees to
discontinue all manufacture, sales activity, and distribution of the
Infringing Toilets within Wolverine Brasss control.
We demand that Wolverine Brass destroy all Infringing Toilets in
its possession or control or the possession or control of its agents,
servants, and employees, and those in active concert or
participation with Wolverine Brass.
We further demand that Wolverine Brass provide a written
itemization detailing both the volume of Infringing Toilets
Wolverine Brass has sold during the life of the 153 patent and the
volume of Infringing Toilets Wolverine Brass has destroyed as a
result of this letter.
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[Kohler] will not hesitate to pursue all remedies available to it by
law if Wolverine Brass does not adequately compensate Kohler for
its infringing activities with respect to the 153 patent as well as
agree to the other demands stated herein.
In addition to the foregoing, Kohler, through its outside litigation counsel, also expressly stated
that any further sales of what Kohler alleges to be Infringing Toilets will cause damages
owed to Kohler to increase and may subject Wolverine Brass to charges of willful infringement
under 35 U.S.C. 284-85.
10. Wolverine denies any and all allegations that its Finale Ultimate Toilet, or any
other toilet sold by Wolverine, infringes the 153 Patent. Similarly, Wolverine denies that it has
damaged Kohler in any way or that Kohler is entitled to any compensation as it claims.
11. Because Wolverine denies that its products infringe the 153, and because
Wolverine refuses to stop selling the Finale Ultimate Toilet, the parties have adverse legal
interests of sufficient immediacy and reality that an actual case and controversy exists between
Kohler and Wolverine. To resolve the dispute that has arisen, and because all conditions
precedent have been satisfied, Wolverine is entitled to and respectfully requests that the Court
enter a judgment declaring that the Finale Ultimate Toilet sold by Wolverine does not in any way
infringe the 153 Patent.
I V. EXCEPTI ONAL CASE FI NDI NG
12. Because this matter constitutes an exceptional case under 35 U.S.C. 285,
Wolverine is entitled an award of its reasonable and necessary attorneys fees.


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V. J URY DEMAND
13. Pursuant to Federal Rule of Civil Procedure 38, Wolverine demands a trial by jury
on all issues triable of right by a jury.
PRAYER FOR RELI EF
WHEREFORE, Wolverine respectfully requests the following relief:
a). That the Court enter a judgment, declaring that the Finale Ultimate Toilet sold by
Wolverine Brass, Inc. does not in any way infringe United States Design Patent No. D529,153;
b). That the Court declare this to be an exceptional case pursuant to 35 U.S.C. 285 and
award Wolverine its reasonable and necessary attorneys fees;
c). That Wolverine be awarded its costs; and
d). That Wolverine be awarded such other and further relief as the Court deems just and
proper.
Dated: February 15, 2013 Respectfully submitted:
THOMAS & BRITTAIN, P.A.


By: s/ Emma Ruth Brittain
Emma Ruth Brittain, Fed. ID No. 4935
Post Office Box 1290
Myrtle Beach, South Carolina 29578
Telephone: (843) 692-2628
Fax: (843) 692-0928
Email: erbrittain@myrlaw.com
Attorneys for Plaintiff Wolverine Brass, Inc.
February 15, 2013
Myrtle Beach, South Carolina


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ENDORSEMENT AND CERTI FI CATI ON OF DI VI SI ON
I hereby certify that this matter is properly assignable to the United States District Court
for the District of South Carolina, Florence Division pursuant to Local Court Rule 3.01(1) & (2).

/s/ Emma Ruth Brittain ___________________

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EXHIBIT A
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FOLEY
FOLEY & LARDNER I.LP
VIA FEDERAL EXPRESS
Wolverine Brass, Inc.
Attention: Lloyd Cabbedge
2951 Hwy. 501 E
Conway, SC 29526
January 25, 2013
Re: Kohler Co. Patent No: D529,153
Dear Mr. Cabbedge:
ATTORNEYS AT LAW
777 EAST WISCONSIN AVENUE
MILWA\JKEE, WI 53202-5306
414.271-2400 TEL
414.297.4900 FAX
foley. com
WRITER'S DIRECT LINE
414.319.7324
lljefenchl ck@fofey.com E-MAIL
We represent Kohler Co. (''Kohler'') in various intellectual property matters. As
you are undoubtedly aware, Kohler owns a number of patents relating to among other things,
toilet and tank designs, including U.S. Design Patent No. D529,153 ("the '153 patent"), a copy
of which is-enclosed for your reference.
It has come to our attention that Wolverine Brass, Inc. ("Wolverine Brass") is
offering for sale and featUring on its website, www.wolverinebrass.com, products that mimic
Kohler products and infringe Kohler's valuable intellectual property. More specifically and
based on Kohler's invesQgation thus far, Wolverine Brass's Finale Ultimate Toilet infringes at
least the '153 patent.
We demand that you immediately stop selling the Finale Ultimate Toilet, and any
other similarly styled toilets (collectively, "Infringing ToUets"), and remove these products from
your website. In addition, we demand that Wolverin-e Brass provide us with a binding, written
undertaking that it agrees to cease and desist from infringing the '153 patent, and that Wolverine
Brass agrees to discontinue all manufacture, sales activity, and distribution of the Infringing
Toilets within Wolverine Brass' s control. Further, we demand that Wolverine Brass destroy all
Infringing Toilets in its possession or control or the possession-or control of its agents, servants,
and employees, and those in active concert or participation with Wolverine Brass. We further
demand that Wolverine Brass provide a written itemization detailing both the volume of
Infringing Toilets Wolverine Brass has sold dwi,ng 1;he life of the '153 patent and the volume of
Infringing Toilets Wolverine Brass has destroyed as a result ofthis letter. Finally, we demand
that Wolverine Brass confirm the identity, including the name and address, of Wolverine Brass's
supplier(s) of the Infringing Toilets.
Please note that Kohler has been and continues to be damaged by Wolverine
Brass's infringement of the '153 patent. Continued violation of Kohler's intellectual property
rights will cause damages owed to Kohler to increase and may subject Wolverine Brass to
charges of willful infringement under 35 U.S.C. 284-85.
BOSTON
BRUSSELS
CHICAGO
DETROIT
JACKSONVIlLE
LOS ANGELES
MADISON
MIAMI
MilWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGO/ DEL MAR
SAN fRANCI SCO
SHANGHAI
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
4837-3751-4514.1
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:FOLEY
FOLEY & LARDNER LLP
Wolverine Bra.ss, Inc.
January 25, 2.013
Page2
While Kohler wishes to reach an amicable resolution to this matter, it will not
hesitate to ptirsu.e all .availab1e to it by law if W9lverine Brass does not adequately
compensate Kohler f6r its infringing activities wj,th respect to the '153 patent as well as agree to
the other 4emands stated herein. Further, as Kohler intends to closely monitor Wolverine
Brass's activities aiid products, Wolverine Brass should stroi).gly consider discontinuing any
other products that attempt to copy Kohler's patented designs.
PJease a9knbwledge Wolverine I?rass's of this letter no later than Friday,
Feb:hlary 15, 2013, so that we may know that you are timely coq$idering this serious matter. If
we do not hear from yo'u by February 15, we will assume yo'-1 have nl? defensible legal position,
and Kohler will proceed accordingly.
Please be advised that J;iothing contained in this letter is intended as, or may be
deemed or construed to constitute, a waiver or reli.nquishment of any of Kohler's rights and
remedies under the circuJp_stances, all of which are hereby expressed reserved.
Enclosure
cc: Kohler Co. (via e-mail)
sncerely,
. Costakos
. elenchick
4837-3751-4514.1
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..
l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l ~ I I I I I I I I I I I I I I I I I U I I I I I I I I I I I ~ II ~ 1 1 1 1 1 1 1
USOOD529153S
(12) United States Design Patent c1o) Patent No.: US D529,153 S
** Sep. 26, 2006
Gordon (45) Date of Patent:
(54) TANK FORA WATER CLOSET
(75) Inventor: William F. Gordon, Sheboygan Falls,
WI (US)
(73) Assignee: Kobler Co., Kohler, W1 (US)
(**) Term: 14 Years
(21) Appl. No.: 29/225,073
(22) Piled: Mar. 10, 2005
(62)
(51)
(52)
(58)
(56)
AU
Related U.S. Application Data
Division of application No. 29/ 195,510, filed on Dec. 12,
2003, now Pat. No. Des. 507,335.
LOC (8) Cl ............................. ........................ 23-02
u.s. Cl ....................................................... 023/313
Field of Classification Search ........ D23/270-271,
D23/273-274, 295,299,301,303, 309; 4/663--664,
41300, 329, 420, 449, DIG. 15
See application file for complete search hlstozy.
References Cited
U.S. PATENT DOCUMENTS
0217,551 s
0226,432 s
0310,407 s
0355,709 s
0377,209 s
D410,998 s
D438,939 s
D471,621 s
D472,310 s
511970 Manning
3/ 1973 Anderson
9/ 1990 Stairs, Jr.
211995 Osada
111997 Tnni et al .................. 023/313
611999 Jones
3/2001 Kawamura
3/2003 Bennie
3/ 2003 Kawamura
FOREIGN PATENT DOCUMENTS
117005 5/1982
OTHER PUBLICATIONS
2000 Kohler catalog ad, p. 15.18, showing a "Wellworth"
toilet.
Undated Allia catalog ad showing an ' 'Optima" toilet.
Undated Sterling catalog ad showing a "Windham" toilet,
2000 Kohler catalog ad, p. 17.3, showing "Highline" and
"We!lworth" toilets.
Undated Jacob Delafon catalog ad showing a "Brive 2"
toilet.
1984 Ideal Standard catalog ad, p . 35, showing a "Tulip"
toilet.
cited by examiner
Primmy Examiner-Robert A. Delehanty
(74) Attorney, Agent, or Finn-Quarles & Brady LLP
(57) CLAIM
The omameotal design for a tank for a water closet, as
shown and described.
DESCRIPTION
In a preferred embodime11t, the nature of this product is as
a plumbing fixture in the form of a toilet tank.
FIG. 1 is a left, top, front perspective view of a tank for a
water closet embodying my new design;
FIG. 2 is a top plan view thereof;
FIG. 3 is a front elevational view thereof;
FIG. 4 is a left side eievational view thereof;
FIG. 5 is a right side elevational view thereof;
FIG. 6 is a rear elevational view thereof; and,
FIG. 7 is a bottom plan view thereof.
The broken line representations of holes in FIGS. 1, 3, 4 and
7, and of bottom and/or rear structure in FIGS. 6 and 7, are
for the purpose of illustration only, and form no part of the
claimed design.
1 Claim, 2 Drawing Sheets
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------ ------ .. -- ------------------ - ... _________ _
:.
U.S. Patent Sep. 26, 2006 Sheet 1 of 2 US D529,153 S
FIG. 1
FIG. 2
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U.S. Patent Sep. 26, 2006 Sheet 2 of 2 US D529,153 S
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