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Federal-Mogul S.a. v. Trico Products Corporation

Federal-Mogul S.a. v. Trico Products Corporation

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Published by PatentBlast
Federal-Mogul S.A. V. Trico Products Corporation
Federal-Mogul S.A. V. Trico Products Corporation

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Published by: PatentBlast on Oct 15, 2013
Copyright:Attribution Non-commercial

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02/06/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MICHIGAN
FEDERAL-MOGUL S.A., a Belgium corporation,Plaintiff,v.TRICO PRODUCTS CORPORATION, a NewYork corporation,Defendant.________________________________________/ Case_No.: 13-14332
COMPLAINT FOR DECLARATORY JUDGMENTAND JURY DEMAND
Plaintiff, Federal-Mogul S.A. (“Federal-Mogul”), through its attorneys,Dickinson Wright PLLC, states as follows for its cause of action against DefendantTrico Products Corporation for declaratory judgment:
NATURE OF ACTION
1.
 
This is an action arising under the Declaratory Judgment Act, 28U.S.C. § 2201 et seq., and the patent laws of the United States, 35 U.S.C. § 1 etseq. Federal-Mogul requests a declaratory judgment that it has not infringed anyvalid and enforceable claim of U.S. Patent No. 6,836,925 (the “‘925 Patent”),entitled “Windscreen Wiper” (
Exhibit A
), and U.S. Patent No. 6,799,348 (the
 
“‘348 Patent”), entitled “Windscreen Wiper” (
Exhibit B
) (collectively “Patents-In-Suit”) and that all of the claims of the ‘925 and ‘348 patents are invalid.
THE PARTIES
2.
 
Plaintiff Federal-Mogul S.A. is a corporation organized under thelaws of Belgium, having a principal place of business in Aubange, Belgium.3.
 
Defendant Trico Products Corporation is, on information and belief, aNew York Corporation with its principal place of business at 3255 West HamlinRoad, Rochester Hills, MI 48309.
JURISDICTION AND VENUE
4.
 
This Court has subject matter jurisdiction over this action pursuant to28 U.S.C. §§ 1331 and 1338.5.
 
Trico asserts that Federal-Mogul’s ANCO Profile Wiper Blades,ANCO Contour Wiper Blades and GMGR.01.146 (the “Accused Products”)infringe at least one valid claim of the Patents-In-Suit.6.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400.
COUNT IDECLARATORY JUDGMENT
7.
 
Plaintiffs incorporate paragraphs 1 through 6 as if fully set forthherein.
 
8.
 
Trico Products Corporation (Trico) has threatened to file suit againstFederal-Mogul for alleged infringement of US Patents 6,836,925 (the ‘925 Patent)and US Patent 6,799,348 (the ‘348 Patent) in regard to various “flat blade”windshield wipers manufactured and/or sold in the United States by Federal-Mogul. Trico is the owner of record on the face of the asserted patents. Theproducts at issue have been identified by Trico as the Anco Contour, Anco Profileand GMGR.01.146.9.
 
By way of background, Federal-Mogul and Trico are competitors inthe manufacture of wiper blades for automobiles, and their products can be foundin various stores often very near to one another. In particular, both companies sellso-called “flat blades” windshield wipers in which the wiper strip is supported by acurved, spring elastic “backbone” or “carrier” made of spring steel that biases thewiper element to a curved shape so the wiper strip can stay in contact with andfollow the curved shape of a windshield surface during operation.10.
 
Trico makes a style of flat blade in which the “backbone” is made of 
one strip
of spring steel. This is the subject matter of their ‘925 patent, and all of the claims recite “backbone” as a required element. A particular connector isslideably mounted on and creates a space above the backbone so that the backbonecan flex into the space of the connector and slide relative to the connector duringoperation. This is the subject matter of the ‘348 patent.

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