UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION LINDAN ENTERPRISES, LLC d/b/a HYDRAPHICS and O’SHEA

AQUA DIPP, LLC ) ) Plaintiff, ) ) vs. ) ) KEITH B. KROELL ) ) Defendants. )

COMPLAINT

JURY TRIAL DEMANDED CAUSE NO: 3:14-CV-45

_____________________________________________________________________ COMPLAINT ______________________________________________________________________ Plaintiffs, Lindan Enterprises, LLC and O’Shea Aqua Dipp, LLC, for their Complaint against the Defendant, allege: GENERAL ALLEGATIONS 1. The Plaintiff, Lindan Enterprises, LLC d/b/a Hydraphics (“Lindan”), is an

Indiana limited liability company doing business in Vanderburgh County, Indiana. 2. Plaintiff, O’Shea Aqua Dipp, LLC (“O’Shea”), is a limited liability

company formed in the state of Montana, and is doing business in Vanderburgh County, Indiana. 3. Texas. 4. Based upon information, Kroell is the president of Liquid Print, Inc. Defendant, Keith B. Kroell (“Kroell”), is an individual residing in Tyler,

which, is based upon information and belief, d/b/a MyDipKit, the exclusive agent for marketing and sales of products covered by U.S. Patent No. 8,360,239, which patent

is described more fully in the allegations below. 5. The action alleged herein arises under the Patent Laws of the United

States, 35 U.S.C. §§ 1-297, and includes actions for declaratory judgment of patent noninfringement and invalidity under 28 U.S.C. §§ 2201 and 2202. 6. The Court has jurisdiction over this action under at least 28 U.S.C. §§

1338. 1367 and 2201. 7. 8 Venue is proper at least pursuant to 28 U.S.C. §§ 1391 and 1400. This Court has in personam jurisdiction over the Defendant as he has

continually done substantial business in the state of Indiana and in this judicial district, and has done and regularly does business in the state of Indiana, and in this judicial district, wherefore he has purposefully availed himself of the privilege of doing business in the state of Indiana. FIRST CAUSE OF ACTION Declaratory Judgment of Noninfringement 9. The proceeding allegations are incorporated by reference herein as fully

as if repeated verbatim. 10. Kroell claims to be the owner of U.S. Patent No. 8,360,239 (“the ‘239

patent”). A copy of the ‘239 patent is attached as Exhibit A. 11. Defendant contends that Plaintiffs have infringed and do infringe the

’239 patent by commercializing in the United States a certain finishing system dip kit, and the OAD DIY Dipp Kit. 12. Neither Plaintiff has infringed or infringes any claims of the ‘239 patent.

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13.

A definite and concrete, real, actual, and substantial judicable case and

controversy exists between Plaintiffs and Defendant regarding non-infringement of claims of the ‘239 patent, which is of sufficient immediacy and reality to warrant the issuance of a declaratory judgment. 14. No product made, sold, offered for sale, or imported by either Plaintiff

infringes any valid claim of any of the ‘239 patent. 15. Plaintiffs are entitled to the decree and declaration of the Court that

neither has infringed, nor infringes, any valid claim of the ‘239 patent.

SECOND CAUSE OF ACTION Declaratory Judgment of Patent Claim Invalidity 16. The proceeding allegations are incorporated by reference herein as fully

as if repeated verbatim. 17. An actual case or controversy exists between Plaintiffs and Defendant

regarding validity of the ‘239 patent claims. 18. reasons: a. failure to comply with the statutory requirements of novelty as set forth in 35 U.S. C. § 102; b. failure to comply with the statutory requirement of nonobviousness as set forth in 35 U.S.C. § 103; and/or c. failure to comply with the statutory requirements set forth in 35 The claims of the ‘239 patent are invalid for one or more of the following

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U.S. C. § 111; and/or d. failure to comply with the requirements and conditions of 35 U.S. C. § 112. 20. Plaintiffs are entitled to the decree and declaration of the Court that the

claims of the ‘239 are invalid. PRAYER FOR RELIEF Wherefore, Plaintiffs pray for judgment as follows: a. That the Court order and decree that no product made, sold, offered for sale, or incorporated by either Plaintiff infringes U.S. Patent No. 8,360,239; b. That the Court order and decree that the claims of U.S. Patent No. 8,360,239 are invalid; c. That the Court enter an injunction prohibiting Defendant, and his respective agents, successors, and assigns, and all persons in active concert or participation with any of them, from alleging infringement of U.S. Patent No. 8,360,239 against either Plaintiff and their respective agents and purchasers; d. That this case be found to be exceptional within the meaning of 35 U.S.C. §285; e. That the Court award to Plaintiffs their reasonable attorney’s fees and cost in connection with this action; f. Such other and further relief as the Court may deem appropriate.

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Respectfully submitted, TERRELL, BAUGH, SALMON & BORN, LLP

By:

/s/ Gary K. Price___________________ Gary K. Price #15051-82 700 South Green River Road, Suite 2000 Evansville, IN 47715 Telephone: (812) 479-8721 Fax: (812) 474-6059 E-mail: gprice@tbsblaw.com Attorneys for Plaintiff, Lindan Enterprises, LLC d/b/a/ Hydraphics

By:

__/s/ Charles Hewins__________________ Charles S. Hewins #27589-82 Hewins Law 1033 East Mount Pleasant Road, Ste H Evansville, IN 47725 Telephone: (812) 424-0650 Fax: (812) 424-5739 Email: charles@hewinslaw.com Attorney for Plaintiff, O’Shea Aqua Dip, LLC

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION LINDAN ENTERPRIES, LLC d/b/a HYDRAPHICS & O’SHEA AQUA DIPP, LLC Plaintiff, vs. KEITH B. KROELL Defendants.

) ) ) ) ) ) ) ) )

COMPLAINT

JURY TRIAL DEMANDED

EXHIBIT A U.S. PATENT No. 8,360,239

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