6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
MICHELIN NORTH AMERICA, INC.,
Plaintiff,

Civil Action No. __________________

v.
ATTURO TIRE CORPORATION, and
SVIZZ-ONE CORPORATION, LTD.,

JURY TRIAL DEMANDED

Defendants.

COMPLAINT
Plaintiff Michelin North America, Inc. (Michelin), by its undersigned attorneys, files
this original Complaint for patent infringement against Defendants Atturo Tire Corporation and
Svizz-One Corporation, Ltd. (collectively Defendants), and alleges as follows:
1.

Michelin brings this action pursuant to the United States Patent Act, 35 U.S.C.

100, et seq.
2.

Defendants have infringed and continue to infringe Michelins United States

Design Patent No. D483,322 (the 322 patent). The 322 patent is entitled Tire Tread.
Parties
3.

Michelin North America, Inc. is a New York corporation having a regular and

established place of business in Greenville, South Carolina.

Michelin operates tire

manufacturing facilities within the State of South Carolina, including within the geographic area
comprising the Greenville Division of the United States District Court for the District of South
Carolina.

6:16-cv-01539-JMC

4.

Date Filed 05/13/16

Entry Number 1

Page 2 of 9

Upon information and belief, Defendant Atturo Tire Corporation (Atturo) is a

corporation organized and existing pursuant to the laws of the State of Wyoming with its
principal place of business in the State of Illinois.

Atturo is engaged in the business of

purchasing, distributing, using, importing, selling and/or offering for sale tires. Atturo has
committed, and continues to commit, acts of direct infringement and inducement infringement of
the 322 patent.
5.

Upon information and belief, Defendant Svizz-One Corporation Ltd. (Svizz-

One) is a Thai corporation with its principal place of business located at 4/1-2 Moo 7,
Banglane-Kohrat Road, Bangpla Banglane, Nakornpathom, Thailand, 73170. Svizz-One is
engaged in the business of manufacturing, exporting, distributing, using, importing, selling
and/or offering for sale tires, including but not limited to tires manufactured on behalf of, at the
direction of and/or for Atturo. Svizz-One has committed, and continues to commit, acts of direct
infringement of the 322 patent.
Jurisdiction and Venue
6.

This action arises under the patent laws of the United States, 35 U.S.C. 100 et

seq., and this Court has original subject matter jurisdiction over all causes of action set forth
herein under 28 U.S.C. 1331, 1332, and 1338.
7.

Upon information and belief, pursuant to the U.S. Constitution and S.C. Code

Ann. 36-2-803, the Court has personal jurisdiction over Atturo because Atturo has, and
continues to, market, import, distribute, sell, and/or offer for sale, either directly or through
intermediaries, tires that infringe the 322 patent in the State of South Carolina and within the
geographic area including the Greenville Division of the United States District Court for the
District of South Carolina.

In addition, upon information and belief, using established

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 3 of 9

distribution channels Atturo has purposefully placed tires, including the infringing tires, into the
stream of commerce, knowing the likely destinations of the tires include the State of South
Carolina, and Atturos connections and activities with South Carolina are such that it should
have reasonably anticipated being brought into a court of the State of South Carolina.
8.

Upon information and belief, pursuant to the U.S. Constitution and S.C. Code

Ann. 36-2-803, the Court has personal jurisdiction over Svizz-One because Svizz-One has, and
continues to import, distribute, sell, and/or offer to sale tires, either directly or through
intermediaries such as Atturo, that infringe the 322 patent, in the State of South Carolina and
within the geographic area comprising the Greenville Division of the United States District Court
for the District of South Carolina. In addition, upon information and belief, through established
distribution channels Svizz-One has purposefully manufactured and placed tires, including the
infringing tires, into the stream of commerce, knowing the likely destinations of the tires include
the State of South Carolina, and Svizz-Ones connections and activities with South Carolina are
such that it should have reasonably anticipated being brought into a court of the State of South
Carolina.
9.

Upon information and belief, Defendants have imported tires and/or caused tires

to be imported into the United States, either directly or through intermediaries, including through
the Port of Charleston, South Carolina.
10.

Upon information and belief, venue is proper in this District pursuant to 28 U.S.C.

1391(b) and (c) and 1400(b) because Defendants are subject to this Courts personal
jurisdiction and Defendants have committed acts of infringement in this District.

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 4 of 9

Patent-in-Suit
11.

On December 9, 2003, United States Design Patent No. D483,322 (the 322

patent), entitled TIRE TREAD, was duly and legally issued, naming James DeWitt Knowles,
Alan Defazio, and Stephen Lash as inventors. A true and accurate copy of the 322 patent is
attached hereto as Exhibit A.
12.

Michelin is the owner by assignment of all right, title and interest in the 322

patent. A true and accurate copy of the assignment is attached as Exhibit B.

13.

The 322 patent was granted for a new, original, and ornamental design for a tire

tread.
Defendants Infringing Activities
14.

Upon information and belief and as set forth above, Atturo imports, distributes,

uses, offers for sale, and/or sells tires in the United States that infringe the 322 patent either
directly or through intermediaries. Such infringing tires include, but are not necessarily limited
to, tires identified as and sold under the name, brand and/or model of Atturo AZ600 or
AZ600, (collectively the Accused Atturo Products). The Accused Atturo Products embody
the design protected under the 322 patent or are a colorable imitation thereof as set forth in 35
U.S.C. 289.
15.

The Accused Atturo Products are manufactured by Svizz-One in Thailand.

16.

Upon information and belief and as set forth above, Svizz-One makes infringing

tires overseas and imports, uses, offers for sale, and/or sells tires in the United States that
infringe the 322 patent including within the State of South Carolina either directly or through
intermediaries. Such infringing tires include, but are not limited to, tire identified as and sold
under the name, brand and/or model of Thunderer Ranger 007 R601 and R601, (collectively

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 5 of 9

the Accused Svizz-One Products). The Accused Svizz-One Products embody the design
protected under the 322 patent or are a colorable imitation thereof as set forth in 35 U.S.C.
289.
COUNT I DESIGN PATENT INFRINGEMENT
AS TO BOTH DEFENDANTS
17.

Michelin incorporates by reference all allegations of the preceding paragraphs as

if fully set forth here verbatim.

18.

Atturos offering for sale, sale, importation and/or use of the Accused Atturo

Products in the United States directly infringes the 322 patent, and Atturo will continue to do so
unless enjoined by this Court under 35 U.S.C. 283 and/or the equitable powers of the Court.
19.

Svizz-Ones offering for sale, sale, importation and/or use of the Accused Svizz-

One Products in the United States directly infringes the 322 patent, and Svizz-One will continue
to do so unless enjoined by this Court under 35 U.S.C. 283 and/or the equitable powers of the
Court.
20.

Michelin has not granted a license or any other rights to Defendants to make, use,

import, offer for sale, or sell the design embodied in the 322 patent.
21.

Defendants direct infringement of the 322 patent irreparably harms Michelin,

including for example, avoiding Michelins right to exclude others from making, using, selling,
or offering to sell products embodying the invention patented in the 322 patent. Michelin is
without adequate remedy at law.
22.

Defendants have possessed notice and actual knowledge of the 322 patent at least

as of the service of this Complaint, and their infringement of the 322 patent since that time has
been and continues to be willful and deliberate.

6:16-cv-01539-JMC

23.

Date Filed 05/13/16

Entry Number 1

Page 6 of 9

Defendants direct infringement of the 322 patent constitutes willful

infringement because such continues to proceed despite an objectively high likelihood that its
conduct infringes the 322 patent, and this likelihood is either known to Defendants or so
obvious that Defendants should have known that its conduct infringed the 322 patent.
24.

Defendants are jointly and severally liable for the above-described acts of

infringement.
COUNT II INDUCED INFRINGEMENT
AS TO ATTURO
25.

Michelin incorporates by reference all allegations of the preceding paragraphs as

if fully set forth here verbatim.

26.

Atturo has had actual knowledge of the 322 patent since at least the date on

which Atturo received service of the Complaint in this action.

27.

Upon information and belief, Atturo has induced, and continues to induce, others

to infringe the 322 patent by encouraging and promoting the use, import, marketing, sale and/or
offering for sale by others of tires that infringe the 322 patent, including but not limited to the
Accused Atturo Products.
28.

Upon information and belief, Atturo has sold and continues to sell, offer to sell,

distribute and market the Accused Atturo Products to a network of distributors, wholesalers,
resellers and/or directly to end consumers with the intent that these parties will use, market, offer
to sell and/or sell the Accused Atturo Products in the United States in a manner that infringes the
322 patent.
29.

Upon information and belief, Atturo provides its distributors, wholesalers,

resellers and/or customers with marketing and/or advertising materials and/or instructions,

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 7 of 9

through its website or by other means, regarding the infringing use, marketing, offering for sale
and/or sale of the Accused Atturo Products in the United States.
30.

Atturo has observed its distributors, wholesalers, resellers and/or customers using,

marketing, offering to sell and/or selling the Accused Atturo Products in the United States.
31.

Upon information and belief, Atturo is aware or should have known that the use,

marketing, offering to sell and selling of the Accused Atturo Products in the United States by
Atturo or its distributors, wholesalers, resellers and/or customers would directly infringe the 322
patent.
32.

Atturos actions to aid and abet its distributors, wholesalers, resellers and/or

customers to directly infringe the 322 patent with knowledge that use, marketing, offering for
sale and selling of the Accused Atturo Products in the United States would directly infringe the
322 patent constitutes induced infringement.
33.

Atturos induced infringement of the 322 patent has irreparably harmed

Michelin, including for example, avoiding Michelins right to exclude others from making,
using, selling, or offering to sell products embodying the design patented in the 322 patent or a
colorable imitation thereof.
34.

Atturos inducement infringement of the 322 patent will continue unless enjoined

by the Court under 35 U.S.C. 283 and/or the equitable powers of this Court.
35.

Atturos inducement infringement of the 322 patent was and continues to be

willful because such has occurred and continues to proceed despite an objectively high
likelihood that Atturos conduct infringes the 322 patent, and this likelihood was and still is
either known to Atturo or so obvious that Atturo should have known that its conduct infringed
the 322 patent.

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 8 of 9

Request for Relief

Wherefore, Michelin respectfully requests the entry of judgment against Defendants
Atturo and Svizz-One and each of their respective subsidiaries, successors, parents, affiliates,
officers, directors, agents, servants, employees, and all persons in active concert or participation,
providing the following relief:
A.

Finding that Defendants have directly infringed the 322 patent and finding that

such infringement has been willful;

B.

Finding that Defendant Atturo has committed inducement infringement of the

322 patent and finding that such infringement has been willful;
C.

Entering a permanent injunction, under 35 U.S.C. 283 and the equitable powers

of the Court, against Defendants and all those in active concert or participation with Defendants,
to prevent further direct and/or indirect infringement of the 322 patent;
D.

Awarding to Michelin, pursuant to 35 U.S.C. 289, Defendants profits derived

from infringement of the 322 patent;

E.

Finding that this is an exceptional case and award Michelin its attorneys fees and

other expenses of litigation pursuant to 35 U.S.C. 285 and/or other applicable laws; and
F.

Granting such other legal and equitable relief and the Court may deem just and

proper.

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1

Page 9 of 9

JURY DEMAND
Michelin demands a trial by jury on all issues triable to a jury.
This the 13th day of May, 2016.
Respectfully submitted,
/s/Tim F. Williams
Tim F. Williams (Fed. Id. 6276)
Steven R. LeBlanc (Fed. Id. 7000)
Jason A. Pittman (Fed. Id. 10270)
DORITY & MANNING, P.A.
P.O. Box 1449
Greenville, S.C. 29602-1449
Tel: 864-271-1592
Fax: 864-233-7342
timw@dority-manning.com
srl@dority-manning.com
jpittman@dority-manning.com
Attorneys for Plaintiff

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-1

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
MICHELIN NORTH AMERICA, INC.,
Civil Action No. __________________

Plaintiff,
v.
ATTURO TIRE CORPORATION, and
SVIZZ-ONE CORPORATION, LTD.,

JURY TRIAL DEMANDED

Defendants.

COMPLAINT

Exhibit A

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-1

Page 2 of 5

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-1

Page 3 of 5

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-1

Page 4 of 5

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-1

Page 5 of 5

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-2

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
MICHELIN NORTH AMERICA, INC.,
Civil Action No. __________________

Plaintiff,
v.
ATTURO TIRE CORPORATION, and
SVIZZ-ONE CORPORATION, LTD.,

JURY TRIAL DEMANDED

Defendants.

COMPLAINT

Exhibit B

6:16-cv-01539-JMC

Date Filed 05/13/16

Entry Number 1-2

Page 2 of 2