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

John D. Titus (#012912) Bradley P. Hartman (#017263) HARTMAN TITUS PLC 7114 E. Stetson Drive, Suite 205 Scottsdale, AZ 85251-3250 Phone: (480) 659-0019 Fax: (480) 659-3304 Email: BHartman@HartmanTitus.com JTitus@HartmanTitus.com Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Gene Neal and Kennieth Neal, individuals, Plaintiffs, COMPLAINT vs. Vince Au, an individual dba Innovative Performance Research, Defendant. (Patent Infringement) No.

For their complaint against Defendant, plaintiffs Gene Neal and Kennieth Neal (collectively, “the Neals”) allege as follows: 1. The Neals are citizens of the United States domiciled in Arizona doing

business as “Bulletproof Diesel” and having a business address at 4245 E. Palm St., Mesa, Arizona 85215. 2. On information and belief, defendant Vince Au is a resident of California

doing business as Innovative Performance Research (“IPR”) and having a business address at 3367 Nevada Ave., El Monte, California 91731. 1

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

3.

If married, all of the actions of Defendant Au as alleged herein were taken on

behalf of his marital community. Plaintiffs reserve the right to amend the complaint to name the spouse of Defendant Au as an additional defendant if and when his or her identity is known. 4. This is an action arising under the Patent Laws of the United States, title 35 of

the United States Code. Original jurisdiction is predicated under 28 U.S.C. §§ 1332 and 1338. Venue in Arizona is proper under 28 U.S.C. §§ 1391 and 1400. 5. For many years, the Neals have been in the business of designing and

manufacturing aftermarket parts for vehicles, and in particular, aftermarket parts for diesel powered vehicles, which the Neals market and sell under the brand Bulletproof Diesel™. Bulletproof Diesel™ is widely recognized as the industry leader in aftermarket oil-cooler relocation kits for Diesel engines. 6. In or about July 2009, the Neals introduced an oil-cooler relocation kit for the The

International VT365 engine also knows as the Ford® 6.0L Powerstroke Diesel.

Bulletproof Diesel™ oil cooler relocation kit solved a serious reliability problem with the original equipment oil cooler, the failure of which often led to coolant leaking into the lubrication system of the engine with ruinous results. 7. Contemporaneous with the introduction of the Bulletproof Diesel™ oil cooler

relocation kit, the Neals applied for a provisional patent on the invention. The application, titled "ENGINE OIL COOLER," was filed in the names of Gene Neal and Kennieth Neal on July 23, 2009. 8. The aforementioned application was followed by a utility patent application of

the same name, filed on July 22, 2010. This application was allowed by the United States Patent and Trademark Office, which issued the application as United States Patent No. 8,375,917 ("the '917 Patent") on February 19, 2013. 2

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 Court.

9.

The Neals are and have continuously been the owners of all right, title and

interest in and to the '917 Patent. 10. Prior to February 19, 2013, the Neals became aware of an oil cooler relocation

kit model #EOC-60037 advertised by IPR on its web site <www.iprresearch.com> which appeared to infringe the ‘917 patent. A copy of the sell page for the EOC-60037 is attached hereto as Exhibit A. 11. After completing its investigation confirming its suspicions that the EOC-

60037infringed the '917 Patent, by letter dated February 19, 2013, the Neals notified IPR that it believed the EOC-60037 oil cooler relocation kit infringed the '917 Patent and demanded, inter alia, that IPR immediately discontinue advertising and selling the EOC-60037 oil cooler relocation kit. A copy of the aforementioned letter is attached as Exhibit B hereto. 12. As of the date hereof, IPR is continuing to advertise the EOC-60037 for sale

and, on information and belief, has no intent to cease advertising and selling theEOC-60037 oil cooler relocation kit. 13. As a result of IPR's infringement and continuing infringement of the '917

Patent, the Neals have suffered and will continue to suffer damage. 14. IPR's infringement of the '917 patent will continue unless enjoined by this

WHEREFORE the Neals pray that this court enter judgment: A. Enjoining IPR and its related parents, subsidiaries, agents, officers, partners,

employees and all others acting in concert with it from the manufacture, importation, use, offer for sale and sale of oil cooler relocation kits or parts thereof that infringe United States Patent No. 8,375,917. B. Ordering IPR to account for its profits and the damages to the Neals from such

infringement and awarding such profits and damages to the Neals; 3

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

C. D.

Assessing costs and interest against IPR; and Granting such other relief as is just and proper.

DATED this 26th day of February, 2013. HARTMAN TITUS PLC

By: s/ Bradley P. Hartman Bradley P. Hartman John D. Titus 7114 E. Stetson Drive, Suite 205 Scottsdale, Arizona 85251-3250 Attorneys for Plaintiffs

4

EXHIBIT A

EXHIBIT B

John D. Titus Registered Patent Attorney

Direct Dial: 480.659.6319 Direct Fax: 480.659.3304 JTitus@HartmanTitus.com

February 19, 2013 Via e-mail <vinceau911@hotmail.com> Copy via First Class Mail Vince Au d/b/a Innovative Performance Research 3367 Nevada Ave El Monte, California 91731 Re: Neal Technologies, Inc. Intellectual Property Rights Enforcement Our File No.: 1317.5001

Dear Mr. Au: This law firm represents Neal Technologies, Inc. d/b/a Bulletproof Diesel and its principal inventors Ken Neal and Gene Neal regarding enforcement of intellectual property rights. It has come to our attention that Innovative Performance Research (hereinafter "IPR") is offering for sale and/or selling certain external oil cooler installation kits for the Ford® Powerstroke 6.0L Diesel engine including the external oil cooler kit EOC-60037 advertised for sale on the website <www.iprresearch.com>. Please be advised the EOC-60037 oil cooler kit infringes US Patent 8,375,917 owned by Ken Neal and Gene Neal and licensed exclusively to Bulletproof Diesel. A copy of US Patent 8,375,917 is attached hereto for your reference. According to US patent laws aggrieved parties, such as Bulletproof Diesel, are entitled to damages and injunctive relief to preclude the importation, manufacture, sale, offer for sale, or use of a device that infringes a United States patent. Moreover, any continued infringement after receipt of this notice may be considered willful infringement, entitling Bulletproof Diesel to recover treble damages and attorneys’ fees. Bulletproof Diesel hereby demands that you IMMEDIATELY DISCONTINUE all acts that infringe Bulletproof Diesel’s patent rights. IPR must immediately discontinue all advertising of the EOC-60037 oil cooler kit including but not limited to all web advertising. All inventories of the EOC-60037 in IPR’s possession or control should be secured, prepared for shipment and delivered to Bulletproof Diesel by February 28, 2013.

7114 E. Stetson Drive ■ Suite 205 ■ Scottsdale, Arizona 85251-3250 ■ T. 480.659.0019 ■ F. 480.659.3304 www.hartmantitus.com

Vince Au February 19, 2013 Page 2

In the interim, IPR shall make all subject inventories available for inspection by Bulletproof Diesel upon reasonable notice. IPR shall NOT return or transfer any of the EOC-60037 oil cooler kits or components to its supplier(s) or others. Any EOC-60037 oil cooler kits or parts thereof currently en route from any supplier(s) (by sea, air or ground) should be securely stored immediately upon delivery to IPR. Any such shipments must be shipped to Bulletproof Diesel within three days of receipt by IPR. Additionally, on or before February 28, 2013 IPR shall: 1. Confirm in writing that IPR has ceased handling, either directly or indirectly, all EOC-60037 oil cooler kit and/or components (hereinafter referred to collectively as the “PRODUCTS”) as of the date of receipt of this letter. “Handling” includes, but is not limited to, manufacturing, importing (into the United States), using, selling, or offering to sell within the United States. 2. Identify all past and present suppliers of the PRODUCTS. Full disclosure is required, including all domestic and foreign based manufactures, exporters or distributors. 3. Deliver to the undersigned all documents including invoices and purchase orders regarding purchases, importation, sales and/or distribution of the PRODUCTS by IPR. Should you fail to provide written confirmation of your intent to comply fully with the terms herein by February 28, 2013, Bulletproof Diesel may take any and all action it deems appropriate up to and including filing a complaint in the United States District Court. This letter is being sent in an attempt to achieve prompt and informal resolution of this matter and is privileged as such under Fed. R. Evid. 408 and other law. Nothing contained herein or omitted herefrom is intended to or should be deemed an admission of any fact or a waiver of any right or defense, all of which are expressly reserved. You are also advised that you should consult with your counsel regarding preservation of electronic records as spoliation of any evidence material to this matter may be punishable by applicable law. If you have any questions or need instructions regarding how to comply with the foregoing, please have your attorney contact me. Thank you.

Vince Au February 19, 2013 Page 3

Sign up to vote on this title
UsefulNot useful