UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

BROAN-NUTONE, LLC, Case No. 11-cv-707 Plaintiff, JURY TRIAL DEMANDED v. HAIER AMERICA TRADING, LLC, Defendant.

COMPLAINT

Plaintiff Broan-NuTone, LLC (Broan-NuTone), by and through its undersigned counsel, for its Complaint against Haier America Trading, LLC (Defendant) alleges as follows: I. 1. PARTIES

Plaintiff Broan-NuTone, LLC is a limited liability company organized and

existing under the laws of the State of Delaware with its principal place of business at 926 West State Street, Hartford, Wisconsin 53027. 2. Defendant Haier America Trading, LLC, is a limited liability company organized

and existing under the laws of the State of New York with its principal place of business at 1326 Broadway, New York, New York 10018.

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II. 3.

JURISDICTION AND VENUE

This is an action for patent infringement under the Patent Laws of the United

States, 35 U.S.C. 1, et seq. 4. This Court has exclusive subject matter jurisdiction over this case for patent

infringement pursuant to 28 U.S.C. 1331 and 1338(a). 5. This Court has personal jurisdiction over Defendant because it has sufficient

minimum contacts with the forum as a result of business conducted within the State of Wisconsin. Specifically, Defendant has conducted, and does conduct, business within the State of Wisconsin and within this District. Defendant directly, or through intermediaries (including agents, contractors, distributors, dealers, resellers, wholesalers and others), ships, distributes, offers for sale, sells and advertises various products in the State of Wisconsin and in this District. As set forth below, Defendant has also committed the tort of patent infringement and has contributed to and induced acts of infringement by others, within this State and this District. 6. 1400(b). III. 7. 8. INFRINGEMENT OF UNITED STATES DESIGN PATENT NO. D473,297 S Broan-NuTone re-alleges the paragraphs above as if fully set forth herein. On April 15, 2003, the United States Patent and Trademark Office (USPTO) Venue is proper in this judicial district under 28 U.S.C. 1391(b)-(c) and

duly and legally issued Design Patent No. US D473,297 S (the 297 Patent) after a full and fair examination. A true and correct copy of the 297 Patent is attached hereto as Exhibit A. 9. The 297 Patent was assigned to Broan-NuTone, and Broan-NuTone holds all

right, title, and interest in and to the 297 Patent. 10. The 297 Patent relates to a range hood, as shown and described in Exhibit A.

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Defendant has directly and/or indirectly infringed and/or induced infringement of

one or more claims of the 297 Patent by making, having made, using, selling, offering to sell, and/or importing in or into the United States, including this judicial district, without authority, products which infringe the 297 Patent, including its 370 CFM range hoods. 12. As a direct and proximate consequence of the acts and practices of Defendant in

infringing the 297 Patent, Broan-NuTone has been, is being, and unless such acts and practices are enjoined by the Court, will continue to be injured in its business and property rights. 13. As a direct and proximate consequence of the acts and practices of Defendant in

infringing the 297 Patent, Broan-NuTone has suffered, is suffering, and will continue to suffer injury and damages, for which Broan-NuTone is entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial. 14. The acts and practices of Defendant has also caused, is causing, and, unless such

acts and practices are enjoined by the Court, will continue to cause immediate and irreparable harm to Broan-NuTone for which there is no adequate remedy at law, and for which Broan-NuTone is entitled to injunctive relief under 35 U.S.C. 283. IV. 15. 16. INFRINGEMENT OF UNITED STATES DESIGN PATENT NO. D482,769 S Broan-NuTone re-alleges the paragraphs above as if fully set forth herein. On November 25, 2003, the USPTO duly and legally issued Design Patent No.

US D482,769 S (the 769 Patent) after a full and fair examination. A true and correct copy of the 769 Patent is attached hereto as Exhibit B. 17. The 769 Patent was assigned to Broan-NuTone, and Broan-NuTone holds all

right, title, and interest in and to the 769 Patent. 18. The 769 Patent relates to a range hood, as shown and described in Exhibit B.

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Defendant has directly and/or indirectly infringed and/or induced infringement of

one or more claims of the 769 Patent by making, having made, using, selling, offering to sell, and/or importing in or into the United States, including this judicial district, without authority, products which infringe the 769 Patent, including its 370 CFM range hoods. 20. As a direct and proximate consequence of the acts and practices of Defendant in

infringing the 769 Patent, Broan-NuTone has been, is being, and unless such acts and practices are enjoined by the Court, will continue to be injured in its business and property rights. 21. As a direct and proximate consequence of the acts and practices of Defendant in

infringing the 769 Patent, Plaintiff Broan-NuTone has suffered, is suffering, and will continue to suffer injury and damages, for which Broan-NuTone is entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial. 22. The acts and practices of Defendant has also caused, is causing, and, unless such

acts and practices are enjoined by the Court, will continue to cause immediate and irreparable harm to Broan-NuTone for which there is no adequate remedy at law, and for which Broan-NuTone is entitled to injunctive relief under 35 U.S.C. 283. V. 23. 24. INFRINGEMENT OF UNITED STATES DESIGN PATENT NO. D521,622 S Broan-NuTone re-alleges the paragraphs above as if fully set forth herein. On May 23, 2006, the USPTO duly and legally issued Design Patent No. US

D521,622 S (the 622 Patent) after a full and fair examination. A true and correct copy of the 622 Patent is attached hereto as Exhibit C. 25. The 622 Patent was assigned to Broan-NuTone, and Broan-NuTone holds all

right, title, and interest in and to the 622 Patent. 26. The 622 Patent relates to a range hood, as shown and described in Exhibit C.

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Defendant has directly and/or indirectly infringed and/or induced infringement of

one or more claims of the 622 Patent by making, having made, using, selling, offering to sell, and/or importing in or into the United States, including this judicial district, without authority, products which infringe the 622 Patent, including its 370 CFM range hoods. 28. As a direct and proximate consequence of the acts and practices of Defendant in

infringing the 622 Patent, Broan-NuTone has been, is being, and unless such acts and practices are enjoined by the Court, will continue to be injured in its business and property rights. 29. As a direct and proximate consequence of the acts and practices of Defendant in

infringing the 622 Patent, Plaintiff Broan-NuTone has suffered, is suffering, and will continue to suffer injury and damages, for which Broan-NuTone is entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial. 30. The acts and practices of Defendant has also caused, is causing, and, unless such

acts and practices are enjoined by the Court, will continue to cause immediate and irreparable harm to Broan-Nu-Tone for which there is no adequate remedy at law, and for which Broan-NuTone is entitled to injunctive relief under 35 U.S.C. 283. VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff Broan-NuTone, LLC prays for the following relief: A. A judgment that Defendant Haier America Trading, LLC has infringed,

contributorily infringed, and/or induced infringement of each of the patents-in-suit as alleged above; B. A judgment and order preliminarily and permanently enjoining Defendant, its

employees and agents, and any other person(s) in active concert or participation with it from

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infringing, contributorily infringing, and/or inducing infringement of each of the patents-in-suit as alleged above; C. A judgment and order requiring Defendant to pay Plaintiff Broan-NuTone LLC,

damages under 35 U.S.C. 284, including prejudgment interest and supplemental damages for any continuing post-verdict infringement up until entry of the final judgment with an accounting as needed; D. A judgment and order declaring this an exceptional case and awarding Broan-Nu-

Tone attorneys fees, as provided by 35 U.S.C. 285; and E. A judgment and order awarding Broan-NuTone such other and further relief as

this Court may deem just and proper. VII. DEMAND FOR JURY TRIAL

Plaintiff Broan-Nu-Tone demands that all issues be determined by jury.

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Dated: October 14, 2011

Respectfully submitted, DEWITT ROSS & STEVENS S.C. s/ Joseph T. Miotke Joseph T. Leone jtl@dewittross.com Joseph T. Miotke jtm@dewittross.com Two East Mifflin Street, Suite 600 Madison, Wisconsin 53703 Phone: (608) 255-8891 Fax: (608) 252-9243 GREENBERG TRAURIG, LLP Scott J. Bornstein bornsteins@gtlaw.com MetLife Building 200 Park Avenue New York, NY 10166 Phone: (212) 801-9200 Fax: (212) 801-6400 Gerald L. Fellows fellowsj@gtlaw.com Kimberly A. Warshawsky warshawskyk@gtlaw.com GREENBERG TRAURIG, LLP 2375 East Camelback Road, Suite 700 Phoenix, Arizona 85016 Phone: (602) 445-8000 Fax: (602) 445-8100 ATTORNEYS FOR PLAINTIFF BROAN-NUTONE, LLC

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