You are on page 1of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION MODINE MANUFACTURING COMPANY, Plaintiff, vs.

BORGWARNER INC., Defendant. COMPLAINT Plaintiff Modine Manufacturing Company (“Modine”), by its attorneys, alleges the following for its Complaint against Defendant BorgWarner Inc.: PARTIES AND JURISDICTION 1. Plaintiff Modine Manufacturing Company (“Modine”) is a Wisconsin corporation Case No.

with its principal place of business located at 1500 DeKoven Avenue, Racine, Wisconsin 53403. Modine manufactures and sells, inter alia, thermal management components and systems, including heat exchangers for use in vehicle engine exhaust systems. 2. Defendant BorgWarner Inc. is a Delaware corporation with its world headquarters

located at 3850 Hamlin Road, Auburn Hills, Michigan 48326. BorgWarner makes and sells motor vehicle parts and systems, including, inter alia, exhaust gas recirculation coolers for use in vehicle engine exhaust systems. 3. This is an action for patent infringement based upon the patent laws of the United

States. This Court has subject matter jurisdiction over this action under 28 U.S.C. §1338(a).

4.

This Court has jurisdiction over BorgWarner under 28 U.S.C. § 1400(b) because

BorgWarner does business within this district and, upon information and belief, has sold and/or offered for sale the allegedly infringing product within this district. SUBSTANTIVE ALLEGATIONS 5. On October 11, 2011, United States Patent No. 8,033,323 (“the ‘323 patent”) was

duly and legally issued to Harold Schatz, et al., for an invention entitled “Heat Exchanger” that generally relates to heat exchangers, including exhaust gas heat exchangers and exhaust gas recirculation coolers. A true and correct copy of the ‘323 patent is attached as Exhibit A and is expressly made a part of this Complaint. 6. 7. Modine is the owner by assignment of the ‘323 patent. BorgWarner has directly infringed, induced infringement, and contributorily

infringed Modine’s exclusive rights under the ‘323 patent by manufacturing, using, offering for sale, and/or selling an exhaust gas recirculation cooler that includes every element of claims 1-27 of the ‘323 patent. 8. Specifically, at least an exhaust gas recirculation cooler made by BorgWarner and

sold by BorgWarner to Navistar International Corporation for use in some or all of Navistar’s MaxxForce 7, MaxxForce DT, MaxxForce 9 and MaxxForce 10 engines, infringes every claim of the ‘323 patent. 9. Modine notified BorgWarner of the ‘323 patent and BorgWarner’s infringement

by letter dated November 15, 2011, which included detailed claim charts and annotated photographs establishing infringement of multiple claims of the ‘323 patent.

-2-

10.

Despite this notice, BorgWarner has continued to willfully infringe, induce

infringement, and contributorily infringe the ‘323 patent, and will continue to do so unless enjoined by this Court. 11. As a direct and proximate result of BorgWarner’s infringement, Modine has

suffered irreparable injury which will continue until BorgWarner is enjoined from infringement by this Court, as well as monetary damage which continues to accrue in an amount to be determined at trial. WHEREFORE, Plaintiff Modine Manufacturing Company prays for the following relief: A. An Order preliminarily and permanently enjoining Defendant and its officers,

agents, servants, employees, successors, and assigns from infringing the ‘323 patent either directly or contributorily and from inducing infringement by others; B. U.S.C. §284; C. D. Treble damages under 35 U.S.C. §284; An Order declaring this case exceptional and entitled to an award of Plaintiff’s Damages adequate to compensate Plaintiff for Defendant’s infringement under 35

costs and reasonable attorneys’ fees under 35 U.S.C. §285; and E. Costs, interest, fees, and such further relief as the Court deems just and equitable.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS SO TRIABLE. Dated this 10th day of August, 2012.

-3-

MICHAEL BEST & FRIEDRICH LLP

By:

s /Katherine W. Schill Jonathan H. Margolies, SBN 1000452 Katherine W. Schill, SBN 1025887 100 East Wisconsin Avenue Suite 3300 Milwaukee, WI 53202-4108

Attorneys for Plaintiff Modine Manufacturing Company

-4-