IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BETTCHER INDUSTRIES, INC.,

Plaintiff,

v.

SUHNER TURBO TRIM, LLC, a Georgia
limited liability company; SUHNER
MANUFACTURING, INC., a Georgia
corporation; and OTTO SUHNER AG, a
Switzerland corporation,

Defendants.
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Civil Action No. 13-cv-9000


COMPLAINT
FOR PATENT INFRINGEMENT


J URY DEMANDED

Plaintiff Bettcher Industries, Inc. (Bettcher) sets forth the following Complaint against
defendants Suhner Turbo Trim, LLC, Suhner Manufacturing, Inc., and Otto Suhner AG (jointly,
Suhner):
Nature Of The Case and Jurisdiction
1. Bettcher was founded in 1944, and is a corporation organized and operating under
the laws of the State of Delaware, with its principal place of business at 6801 State Route 60,
Birmingham, Ohio 44816. Bettcher actively practices the inventions of the patents at issue in
this Complaint, employing people in the United States to engage in the research and
development necessary to devise and perfect the inventions, and to manufacture, service and sell
products that incorporate the inventions, throughout the United States and in nearly fifty
countries worldwide. In particular, Bettcher has incorporated the inventions of the patents at
issue in this Complaint into its highly-successful WhizardTrimmers, used for the commercial
trimming of meat. Example WhizardTrimmers are shown below:
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2. On information and belief, SUHNER TURBO TRIM, LLC is a Georgia limited
liability company with principal place of business in Rome, Georgia at 25 Anderson Road, SE,
P.O. Box 1754, Rome, GA 30162.
3. On information and belief, SUHNER MANUFACTURING, INC. is a Georgia
corporation with principal place of business in Rome, Georgia at Hwy. 411 S./Suhner Drive,
Rome GA 30162.
4. On information and belief, OTTO SUHNER AG is a Swiss corporation with
principal place of business at Industriestrae 10, 5242 Lupfig, Switzerland.
5. On information and belief, Suhner Turbo Trim, LLC and Suhner Manufacturing,
Inc., are subsidiaries of Otto Suhner AG and sells the Suhner products accused of infringement
in this Complaint in the United States, which products Otto Suhner AG makes or has made
outside of the United States.
6. Bettchers claims arise under the patent laws of the United States, specifically 35
U.S.C. 154(d), 271, 281, 283, 284 and 285, for infringement of U.S. patents Nos. 6,769,184,
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7,340,840, 8,074,363 (the 184 840 and 363 patents, respectively). Copies of the 184,
840 and 363 patents are attached hereto as EXHIBITS A, B and C, respectively.
7. This action is authorized by 35 U.S.C. 281. The federal courts have original
and exclusive jurisdiction of the action pursuant to 28 U.S.C. 1338(a). Venue in this Court is
appropriate pursuant to 28 U.S.C. 1391(b)(2) and 1400(b).
Bettchers Products And The Accused Products
8. Bettcher manufactures and sells food processing equipment and hand tools,
including trimming knives and the blades utilized therein. Its products are used for various
applications in the meat processing industry. Bettcher currently sells and offers for sale
Whizardrotary trimming knives and accessories, including the WhizardTrimmer Series II
products. Bettcher sells its products directly to end users through its sales network.
9. Suhner competes directly with Bettcher in the food processing equipment market.
Among other products, Suhner sells and offers for sale in the Northern District of Illinois, and
imports into the United States, Turbo Trim rotary knives of the variety depicted below, a
photograph displayed on Suhners web site at www.suhner.com:
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10. Suhner also sells and offers for sale in the Northern District of Illinois
replacement parts for the Turbo Trim rotary knives, including but not limited to the replaceable
rotary knife blade of the device. The Turbo Trim knives, including the replaceable rotary knife
blade sold with the knives, and the rotary knife blades sold as replacements for the original knife
blade sold with the Turbo Trim knives, are referred to herein as the Accused Products.
11. On August 3, 2004, the United States patent and Trademark Office issued U.S.
patent No. 6,769,184 B1, to J effrey A. Whited of Amherst, Ohio, entitled Low Friction Rotary
Knife. Figure 1, depicting the rotary knife of the invention, appears below:

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12. On March 11, 2008, the United States patent and Trademark Office issued U.S.
patent No. 7,340,840 B2, to J effrey A. Whited of Amherst, Ohio, entitled Blade Housing For A
Low Friction Rotary Knife. The 840 patent issued from a division of the application that
resulted in the 184 patent.
13. On December 13, 2011, the United States patent and Trademark Office issued
U.S. patent No. 8,074,363 B2, to J effrey A. Whited of Amherst, Ohio, entitled Rotary Knife
Blade For Low Friction Rotary Knife. The 363 patent issued from a continuation of a division
of the application that resulted in the 840 patent.
14. Bettcher is the assignee of all rights in the 184, 840 and 363 patents and
Bettcher has not granted any rights to Suhner to practice the 184, 840, or 363 patents.
Claim One The 184 patent
15. The foregoing allegations are incorporated by reference into the allegations of
Claim One of this Complaint.
16. Suhner Turbo Trim, LLC, directly infringes claims of the 184 patent, induces
others so to infringe, and/or contributes to the infringement thereof by others, by selling and/or
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offering for sale in theNorthern District of Illinois, and/or importing into the United States, the
Accused Products, either literally or by virtue of the Doctrine of Equivalents.
17. Otto Suhner AG, directly infringes claims of the 184 patent, induces others so to
infringe, and/or contributes to the infringement thereof by others, by selling and/or offering for
sale in theNorthern District of Illinois, and/or importing into the United States, the Accused
Products, either literally or by virtue of the Doctrine of Equivalents.
18. Suhner had actual notice of Bettchers 363 patent at least as of April 8, 2013, the
day on which Bettcher notified Otto Suhner AG in writing that Suhners Turbo Trim knives
infringe the 363 patent. On its face, the 363 patent makes explicit reference to the 184 patent,
and thus Suhner is believed to have notice of Bettchers 184 patent at least as of April 8, 2013.
19. Suhner is not authorized to practice the invention of the 184 patent.
20. If Suhner is permitted to continue to sell and offer for sale in the United States,
and to import into the United States, the invention claimed in the 184 patent, Bettcher will suffer
irreparable injury from the erosion of its patent rights in the 184 patent.
21. Bettcher has suffered injury from Suhners infringement and is entitled to be
made whole to the extent possible by an award of money damages in its favor, as well as the
award of preliminary and permanent injunctive relief.
22. Suhners past, present and expected future infringement of the 184 patent, with
knowledge of that patent, is willful and objectively reckless, entitling Bettcher to enhanced
damages pursuant to 35 U.S.C. 284, and to an award of its attorneys fees and costs in the
bringing and maintaining of this action pursuant to 35 U.S.C. 285.
Claim Two The 840 patent
23. The foregoing allegations are incorporated by reference into the allegations of
Claim Two of this Complaint.
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24. Suhner Turbo Trim, LLC, directly infringes claims of the 840 patent, induces
others so to infringe, and/or contributes to the infringement thereof by others, by selling and/or
offering for sale in theNorthern District of Illinois, and/or importing into the United States, the
Accused Products, either literally or by virtue of the Doctrine of Equivalents.
25. Otto Suhner AG, directly infringes claims of the 840 patent, induces others so to
infringe, and/or contributes to the infringement thereof by others, by selling and/or offering for
sale in theNorthern District of Illinois, and/or importing into the United States, the Accused
Products, either literally or by virtue of the Doctrine of Equivalents.
26. Suhner is not authorized to practice the invention of the 840 patent.
27. If Suhner is permitted to continue to sell and offer for sale in the United States,
and to import into the United States, the invention claimed in the 840 patent, Bettcher will suffer
irreparable injury from the erosion of its patent rights in the 840 patent.
28. Bettcher has suffered injury from Suhners infringement and is entitled to be
made whole to the extent possible by an award of money damages in its favor, as well as the
award of preliminary and permanent injunctive relief.
29. Suhners past, present and expected future infringement of the 840 patent, with
knowledge of that patent, is willful and objectively reckless, entitling Bettcher to enhanced
damages pursuant to 35 U.S.C. 284, and to an award of its attorneys fees and costs in the
bringing and maintaining of this action pursuant to 35 U.S.C. 285.
Claim Three The 363 patent
30. The foregoing allegations are incorporated by reference into the allegations of
Claim Three of this Complaint.
31. Suhner Turbo Trim, LLC, directly infringes claims of the 363 patent, induces
others so to infringe, and/or contributes to the infringement thereof by others, by selling and/or
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offering for sale in theNorthern District of Illinois, and/or importing into the United States, the
Accused Products, either literally or by virtue of the Doctrine of Equivalents.
32. Otto Suhner AG, directly infringes claims of the 363 patent, induces others so to
infringe, and/or contributes to the infringement thereof by others, by selling and/or offering for
sale in theNorthern District of Illinois, and/or importing into the United States, the Accused
Products, either literally or by virtue of the Doctrine of Equivalents.
33. Suhner had actual notice of Bettchers 363 patent at least as of April 8, 2013, the
day on which Bettcher notified Otto Suhner AG in writing that Suhners Turbo Trim knives
infringe the 363 patent.
34. Suhner is not authorized to practice the invention of the 363 patent.
35. If Suhner is permitted to continue to sell and offer for sale in the United States,
and to import into the United States, the invention claimed in the 363 patent, Bettcher will suffer
irreparable injury from the erosion of its patent rights in the 363 patent.
36. Bettcher has suffered injury from Suhners infringement and is entitled to be
made whole to the extent possible by an award of money damages in its favor, as well as the
award of preliminary and permanent injunctive relief.
37. Suhners past, present and expected future infringement of the 363 patent, with
knowledge of that patent, is willful and objectively reckless, entitling Bettcher to enhanced
damages pursuant to 35 U.S.C. 284, and to an award of its attorneys fees and costs in the
bringing and maintaining of this action pursuant to 35 U.S.C. 285.
Request For Relief
WHEREFORE, Bettcher demands a trial by jury and demands judgment, jointly and
severally, against Suhner Turbo Trim, LLC and Otto Suhner AG as follows:
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A. For a preliminary and a permanent injunction enjoining Suhner, their successors
and assigns, and their officers, directors, agents, servants, employees, and all entities and
individuals acting in concert with them or on their behalf, from continued infringement of the
184, 840 and 363 patents;
B. For an award reasonably compensating Bettcher for Suhners exploitation of the
invention claimed in the 184, 840 and 363 patents.
C. For an accounting of all damages and a judgment for general damages against
Suhner, jointly and severally, as compensation for each of their use, exploitation and
infringement of the 184, 840 and 363 patents;
D. For an increase of all such monetary damages described above to three times their
amount, pursuant to 35 U.S.C. 284, for willful infringement of the 184, 840 and 363 patents;
E. For the cost of this action, together with an assessment of interest and reasonable
attorney fees pursuant to 35 U.S.C. 285;
F. For an award of pre-judgment interest; and
G. For such other and further relief as this Court may deem just and proper.

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Demand For Jury Trial
Bettcher demands a trial by jury as to all issues tryable by a jury in this action.

December 17, 2013 BETTCHER INDUSTRIES, INC.

By: /s/ William K. Kane
One of Its Attorneys
William K. Kane
Gillian Whittlesey
BAKER & HOSTETLER LLP
191 North Wacker Drive
Suite 3100
Chicago, Illinois 60606-1901
(312) 416-6200
(312) 416-6201 (fax)

Of Counsel:

Thomas H. Shunk (OH Bar No. 0025793)
BAKER & HOSTETLER, LLP
Suite 3200
1900 E. 9th St.
Cleveland, Ohio 44114-3482
(216) 621-0200
(216) 373-6557 (fax)
[email protected]
[email protected]

George L. Pinchak (OH Bar No. 0056196)
TAROLLI, SUNDHEIM, COVELL &
TUMMINO LLP
Suite 1700
1300 E. 9th Street
Cleveland, Ohio 44114
(216) 621-2234
(216) 621-4072 (fax)

Attorneys for Plaintiff, Bettcher Industries, Inc.