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WATSON ROUNDS Michael D. Rounds, Esq. Nevada Bar No. 4734 [email protected] Adam Yowell, Esq. Nevada Bar No. 11748 [email protected] 5371 Kietzke Lane Reno, Nevada 89511 Telephone: (775) 324-4100 Facsimile: (775) 333-8171 BANNER & WITCOFF, LTD. Charles W. Shifley (IL. Bar No. 2587564) (pro hac vice pending) [email protected] Binal J. Patel(IL. Bar No. 6237843) (pro hac vice pending) [email protected] Timothy J. Rechtien (IL. Bar No. 6293623) (pro hac vice pending) [email protected] Ten South Wacker Drive, Suite 3000 Chicago, Illinois 60606-7407 Tel: (312) 463-5000 Fax: (312) 463-5001 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ESCO CORPORATION Case No.: Plaintiff, v. CASHMAN EQUIPMENT COMPANY, CATERPILLAR GLOBAL MINING LLC, CATERPILLAR INC., and RAPTOR MINING PRODUCTS INC. Defendants. Plaintiff ESCO Corporation (ESCO), by and through its undersigned counsel, for its COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

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Complaint - 1 of 6

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Complaint against Defendants Cashman Equipment Company (Cashman), Caterpillar Global Mining LLC (Caterpillar Global), Caterpillar Inc. (Caterpillar), and Raptor Mining Products Inc. (Raptor) (collectively Defendants)1, hereby demand a jury trial and allege as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 1 et seq., and particularly 35 U.S.C. 271 et seq. 2. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.

1331 and 1338(a). 3. This Court has personal jurisdiction over the Caterpillar Defendants because, inter

alia, the Caterpillar Defendants products, including the LM Series ground engaging tool system having the R180 locking system and/or the CapSure locking system (collectively, the Caterpillar Defendants locking systems), have been and are sold in, distributed to and/or shipped into the State of Nevada, and because upon information and belief the Caterpillar Defendants have done and are doing business in the State of Nevada. 4. This Court has personal jurisdiction over Raptor because, inter alia, Raptors

products, including the Predator system, have been and are sold in, distributed to and/or shipped into the State of Nevada. Upon information and belief, Raptor has knowingly and intentionally placed its products, including the Predator system, into the stream of commerce through established distribution channels expecting them to be shipped into and purchased by customers in this judicial district. 5. 1400(b). Venue is proper in this district pursuant to 28 U.S.C. 1391(b)-(c) and

Cashman, Caterpillar and Caterpillar Global are collectively referred to herein as Caterpillar Defendants.

Complaint - 2 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 6.

THE PARTIES ESCO is a corporation organized and existing under the laws of the State of

Oregon and having a principal place of business at 2141 N.W. 25th Avenue, Portland, Oregon 97210. 7. On information and belief, Cashman is a corporation organized and existing under

the laws of Nevada and having a principal place of business located at 3300 St. Rose Parkway, Henderson, Nevada 89052. 8. On information and belief, Caterpillar Global is a corporation organized and

existing under the laws of Delaware and having a principal place of business located at 1 Bucyrus Way, Oak Creek, Wisconsin 53154. 9. On information and belief, Caterpillar is a corporation organized and existing

under the laws of Delaware and having a principal place of business located at 100 N.E. Adams Street, Peoria, Illinois 61629. 10. On information and belief, Raptor is a corporation organized and existing under

the laws of Canada and having a principal place of business located at 15712 112 Avenue N.W. Edmonton, Alberta, Canada T5M 2W1. BACKGROUND ESCO is a leading global developer and manufacturer of highly engineered

ground engaging tools, wear parts and replacement products used in resource mining, infrastructure, and industrial applications that are essential to the productivity of ESCOs customers machines. Amongst many other products, ESCO designs, manufactures, and sells ground engaging tools. 12. patent). 13. The Caterpillar Defendants manufacture, import, offer to sell, and/or sell the ESCO is the owner by assignment of U.S. Patent No. 8,689,472 (the 472

Caterpillar Defendants locking systems for heavy machinery as well as products that incorporate the Caterpillar Defendants locking systems.

Complaint - 3 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein.

14.

On information and belief, Raptor manufactures, imports, offers to sell, and sells

the Predator system for heavy machinery and equipment for various uses. 15. On information and belief, the structure and operation of at least one of the

Caterpillar Defendants locking systems and the Predator system are the same design. On information and belief, the locking mechanisms utilized in at least one of the Caterpillar Defendants locking systems and the Predator system are the same design. 16. On information and belief, at least Caterpillar and Raptor have been acting in

concert with one another with respect to the actions complained of herein. 17. On information and belief, Cashman has been and still offers for sale and sells the

Caterpillar Defendants locking systems and the Predator system for heavy machinery as well as products that incorporate these systems. COUNT I INFRINGEMENT OF U.S. PATENT NO. 8,689,472 18. Paragraphs 1-17 are realleged and reincorporated by reference as if fully set forth

19.

At 12:00 a.m. EDT on April 8, 2014 [9:00 p.m. PDT on April 7, 2014], the United

States Patent and Trademark Office duly and legally issued the 472 patent entitled Wear Assembly. ESCO is the owner of the 472 patent by virtue of assignment of all rights, title, and interest to the 472 patent, including all rights to recover for all infringements thereof. 20. On information and belief, the Caterpillar Defendants are infringing the 472

patent literally, directly, contributorily, by way of inducement, and/or under the doctrine of equivalents by making, using, offering to sell, selling, and/or importing products that are covered by one or more valid claims of the 472 patent. The present infringing acts include, but are not limited to, manufacturing, importing, offers to sell and/or sales of the Caterpillar Defendants locking systems and their associated products. 21. On information and belief, Raptor and Cashman are infringing the 472 patent

literally, directly, contributorily, by way of inducement, and/or under the doctrine of equivalents by making, using, offering to sell, selling, and/or importing products that are covered by one or more valid claims of the 472 patent. The present infringing acts include, but are not limited to, Complaint - 4 of 6

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manufacturing, importing, offers to sell and/or sales of the Predator system and its associated products. 22. 23. is willful. 24. The Defendants acts of infringement have been without express or implied ESCO is and will continue to be damaged by the Defendants infringement. On information and belief, Defendants continued infringement of the 472 patent

license by ESCO, are in violation of ESCOs rights, and will continue unless enjoined by this Court. 25. ESCO is and will continue to be irreparably harmed by the Defendants

infringement of the 472 patent. DEMAND FOR JURY TRIAL 26. ESCO is and will continue to be irreparably harmed by Defendants acts of

infringement. Pursuant to Federal Rule of Civil Procedure 38 and the Seventh Amendment to the Constitution of the United States of America, ESCO hereby demands a trial by jury on all issues raised in this action that are so triable. PRAYER FOR RELIEF WHEREFORE, the Plaintiff ESCO prays that this Court award to it the following relief: A. A declaration that Defendants have been and are still infringing valid claims of the 472 patent literally, directly, contributorily, by way of inducement, and/or under the doctrine of equivalents; B. An injunction pursuant to Federal Rule of Civil Procedure 65 that those subject to the injunction cease and desist from infringing the claims of the 472 patent literally, directly, contributorily, by way of inducement, and/or under the doctrine of equivalents; C. An Order that Defendants notify purchasers and users of the infringing products that the products infringe the 472 patent and that Defendants recall all infringing products sold or otherwise distributed;

Complaint - 5 of 6

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D.

An Order directing Defendants to provide an accounting to determine the damages suffered by Plaintiff as a result of Defendants infringing conduct before it shall cease and desist, such damages of Plaintiff including, but not limited to, its lost profits and no less than a reasonable royalty;

E.

An Order directing Defendants to pay Plaintiff the amount of damages that it has sustained as a result of Defendants acts of patent infringement, and that such damages be trebled for willfulness, pursuant to 35 U.S.C. 284;

F.

That Plaintiff be awarded its fees and costs, including its attorneys fees pursuant to 35 U.S.C. 285, and pre-judgment interest and post-judgment interest; and

G.

That this Court award Plaintiff such other and further relief as the Court deems just and proper.

Dated this 7th day of April 2014. WATSON ROUNDS

/s/ Michael D. Rounds MICHAEL D. ROUNDS, Nevada Bar No. 4734 ADAM YOWELL, Nevada Bar No. 11748 5371 Kietzke Lane Reno, Nevada 89511 Tel: (775) 324-4100 Fax: (775) 333-8171 And BANNER & WITCOFF, LTD . Charles W. Shifley (IL. Bar No. 2587564) (pro hac vice pending) Binal J. Patel(IL. Bar No. 6237843) (pro hac vice pending) Timothy J. Rechtien (IL. Bar No. 6293623) (pro hac vice pending) Ten South Wacker Drive, Suite 3000 Chicago, Illinois 60606-7407 Tel: (312) 463-5000 Fax: (312) 463-5001 Attorneys for Plaintiff Complaint - 6 of 6