IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

RYDEX TECHNOLOGIES LLC, Plaintiff, v. ORPAK USA, INC., and GILBARCO, INC. D/B/A GILBARCO VEEDERROOT, Defendants. JURY TRIAL DEMANDED Civil Action No. ______________

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Rydex Technologies LLC, by way of its Complaint for Patent Infringement (“Complaint”) against Orpak USA, Inc., and Gilbarco, Inc. d/b/a Gilbarco Veeder-Root, collectively referred to as (“Defendants”), alleges the following: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. § 1 et seq. THE PARTIES 2. Plaintiff Rydex Technologies LLC (“Rydex”) is a limited liability company

organized under the laws of the State of Delaware with a place of business at 113 Barksdale Professional Center, Newark, Delaware 19711. 3. Upon information and belief, Orpak USA, Inc. is a corporation organized under

the laws of Delaware, with its principal place of business at 100 First St. Suite 200, Hackensack, New Jersey 07601.
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4.

Upon information and belief, Gilbarco, Inc. d/b/a Gilbarco Veeder-Root is a

corporation organized under the laws of Delaware, with its principal place of business at 7300 West Friendly Avenue, Greensboro, North Carolina 27410. 5. Upon information and belief, each Defendant sells and offers to sell products and

services throughout the United States, including in this judicial district, and introduces products and services that perform infringing processes into the stream of commerce knowing that they would be sold in this judicial district and elsewhere in the United States. JURISDICTION AND VENUE 6. This is an action for patent infringement arising under the Patent Laws of the

United States, Title 35 of the United States Code. 7. 8. 9. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b). Upon information and belief, each Defendant conducts substantial business in this

forum, directly or through intermediaries, including: (i) at least a portion of the infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of conduct and/or deriving substantial revenue from goods and services provided to individuals in Delaware. Further, this Court has personal jurisdiction over each Defendant as each is organized under the laws of Delaware and has, therefore, purposely availed itself of the privileges and benefits of the laws of the State of Delaware. COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,429,095 B1 10. The allegations set forth in the foregoing paragraphs 1 through 9 are hereby

realleged and incorporated herein by reference. 11. On April 23, 2013, U.S. Patent No. 8,429,095 B1 (the “’095 Patent”), entitled

“Fluid Delivery Control Nozzle,” was duly and legally issued by the United States Patent and
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Trademark Office. A true and correct copy of the ’095 Patent is attached as Exhibit A to this Complaint. 12. Rydex is the assignee and owner of the right, title and interest in and to the ’095

Patent, including the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it. 13. Upon information and belief, Defendant Gilbarco has and continues to directly

infringe one or more claims of the ’095 Patent by making, using, selling, importing, and/or providing and causing to be used products that have the capability to wirelessly transmit information regarding a fluid delivery to a remote device, which by way of example include the Fuel Point Plus system. 14. Upon information and belief, Defendant Orpak has and continues to directly

infringe one or more claims of the ’095 Patent by making, using, selling, importing, and/or providing and causing to be used products that have the capability to wirelessly transmit information regarding a fluid delivery to a remote device, which by way of example include the FuelOmat Gold system (collectively with the Fuel Point Plus system, the “Accused Instrumentalities”). 15. Each Defendant was made aware of the ’095 Patent and their infringement thereof

at least as early as its receipt of correspondence from Rydex providing notice of the ’095 Patent and each Defendant’s infringement thereof, sent to each Defendant on May 31, 2013. These letters were sent by FedEX 2-day Mail with a tracking number. Rydex has since received confirmation from FedEX that this letter was delivered to Gilbarco, Inc. on June 4, 2013. Rydex has since received confirmation from FedEX that this letter was delivered to Orpak USA, Inc. on June 4, 2013, indicating that each Defendant has received the letter.

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16.

Additionally, prior to the May 31, 2013 correspondence, Defendant Gilbarco, Inc.

previously had communications with the inventor of the ’095 Patent, Michael C. Ryan, with respect to patented technology which claims eventually issued as the ’095 Patent. 17. Upon information and belief, at least since the time they received notice, each

Defendant has induced and continues to induce others to infringe at least one claim of the ’095 Patent under 35 U.S.C. § 271(b) by, among other things, and with specific intent or willful blindness, actively aiding and abetting others to infringe, including but not limited to each Defendant’s partners and customers, whose use of the Accused Instrumentalities constitutes direct infringement of at least one claim of the ’095 Patent. 18. In particular, each Defendant’s actions that aid and abet other entities to infringe

include advertising and distributing the Accused Instrumentalities and providing instruction materials, training, and services regarding the Accused Instrumentalities. By provision of such materials, training, and services, each Defendant instructs and encourages other entities to perform the steps of at least one of the claims of the ’095 Patent in connection with the use of the Accused Instrumentalities. These other entities include the Defendants’ customers, partners, and the end users of the Accused Instrumentalities. On information and belief, each Defendant has engaged in such actions with specific intent to cause infringement or with willful blindness to the resulting infringement because each Defendant has had actual knowledge of the ’095 Patent and that their acts were inducing their customers to infringe the ’095 Patent since at least the date each Defendant received notice from Rydex notifying each Defendant that such activities infringed the ’095 Patent. 19. Upon information and belief, since at least the time it received Rydex’s May 31,

2013, notice letter, each Defendant has committed and continues to commit acts of contributory

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infringement of the ’095 Patent under 35 U.S.C. § 271(c) by providing products, including the Accused Instrumentalities, to others including but not limited to its customers, partners, and the end users of the Accused Instrumentalities knowing or willfully blind to the fact that these products constitute a material part of the invention, were especially made or adapted for use in an infringement of the ’095 Patent, and have no substantial non-infringing uses. 20. In particular, the Accused Instrumentalities include fuel management systems,

which relate to a fluid delivery system that ties a fluid delivery device wirelessly to a remote device, to facilitate exchange of information. These fuel management systems are used by each Defendant’s customers, partners, and the end users of the Accused Instrumentalities to perform all of the steps recited in at least one claim of the ’095 Patent. These fuel management systems have no substantial non-infringing uses at least because they contain components whose only purpose is to practice the claimed method of wirelessly controlling the fluid delivery. The use of the fuel management systems by each Defendant’s customers, partners, and the end users of the Accused Instrumentalities constitutes direct infringement of at least one claim of the ’095 Patent. Each Defendant has known or remained willfully blind to these facts since at least the date it received the notice letter from Rydex notifying each Defendant that such activities infringed the ’095 Patent. 21. Despite Rydex’s notice regarding the ’095 Patent, each Defendant has continued

to infringe the ’095 Patent, and has behaved recklessly in continuing to infringe. On information and belief, accordingly, each Defendant’s infringement has been and continues to be willful under 35 U.S.C. § 284. 22. Rydex has been harmed by each Defendant’s infringing activities.

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JURY DEMAND Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Rydex demands a trial by jury on all issues triable as such. PRAYER FOR RELIEF WHEREFORE, Plaintiff Rydex demands judgment for itself and against each Defendant as follows: A. Patent; B. an award of damages to be paid by each Defendant that is adequate to compensate an adjudication that each Defendant has infringed one or more claims of the ’095

Plaintiff for their past infringement of the ’095 Patent, and any continuing or future infringement through the date such judgment is entered, together with pre-judgment and post-judgment interest, costs, and expenses as justified under 35 U.S.C. § 284; C. to the extent that each Defendant’s conduct with respect to the ’095 Patent is

found to be objectively reckless, enhanced damages pursuant to 35 U.S.C. § 284 for willful infringement of the ’095 Patent; D. an accounting of all infringing acts including, but not limited to, those acts not

presented at trial and an award for Plaintiff’s damages for any such acts; E. a declaration that this case is exceptional under 35 U.S.C. § 285, and an award of

Plaintiff’s reasonable attorneys’ fees; and F. such further relief at law or in equity as the Court deems just and proper.

Dated: February 4, 2014

FARNEY DANIELS PC /s/ Timothy Devlin Timothy Devlin #4241 1220 Market Street, Suite 850
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Wilmington, DE 19801 (302) 300-4626 tdevlin@farneydaniels.com Attorneys for Plaintiff Rydex Technologies LLC

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