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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

ACTUANT CORPORATION, a Wisconsin corporation, and

HYDRATIGHT OPERATIONS, INC., a Delaware Corporation,

v.

Plaintiffs,

TENTEC LIMITED, a foreign business entity,

Defendant.

Case No.

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WRY DEMANDED

COMPLAINT

Plaintiffs Actuant Corporation and Hydratight Operations, Inc., by their attorneys, for

their Complaint against Defendant Tentec Limited, allege as follows:

  • 1. Plaintiff Actuant Corporation ("Actuant") is a Wisconsin Corporation having a

place of business in Menomonee Falls, Wisconsin. Plaintiff Hydratight Operations, Inc.

("Hydratight") is a Delaware Corporation and a wholly-owned subsidiary of Actuant

Corporation, and has its principal place of business in Walsall, United Kingdom.

  • 2. Plaintiffs are in the business of manufacturing and selling hydraulic bolting

equipment. This action concerns hydraulic tensioners, which are used for tensioning large bolts,

for example at the base of a windmill tower. The primary nut is screwed onto the bolt, the

hydraulic tensioner is applied with the bolt extending through the tensioner and a secondary nut

is screwed onto the bolt against which the tensioner piston reacts. Hydraulic pressure is applied

to the tensioner, which stresses the bolt, and while stressed the primary nut is screwed down

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tight. Then hydraulic pressure is released from the tensioner and the tensioner is moved to the next bolt to repeat the tensioning process.

  • 3. Tentec Limited ("Tentec") is, upon information and belief, a foreign business

entity, with its principal place of business in West Midlands, United Kingdom.

  • 4. Upon information and belief, Tentec is in the business of, among other things,

selling hydraulic tensioners under the name ofTentec, and perhaps other names.

5.' This is an action for infringement of U.S. Patent No. D633,536 ("the '536 Patent") which issued on March 1, 2011. A copy of the '536 Patent is attached hereto as Exhibit A. This action arises under 35 U.S.C. §§ 271, 281, 283, 284 and 285.

  • 6. Actuant Corporation is the owner by assignment of the '536 Patent, and

Hydratight is the exclusive licensee of the '536 Patent.

  • 7. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).

  • 8. Venue in this Court is proper in this district pursuant to 28 U.S.C. § 1400(b) and

§ 1391(c).

  • 9. Tentec makes, uses, sells or offers for sale hydraulic tensioners, itself and through

others, in this judicial district and elsewhere in the United States.

COUNT I DIRECT INFRINGEMENT

  • 10. Paragraphs 1-9 are incorporated herein by reference.

  • 11. Tentec's hydraulic tensioners have infringed and continue to infringe the '536

Patent. A Tentec brochure depicting an infringing hydraulic tensioner, Tentec's Aero Model:

WTF elliptical foundation tensioner, is attached hereto as Exhibit B.

  • 12. Tentec has been given written notice of infringement of the '536 Patent.

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  • 13. Plaintiffs have been and continue to be damaged by Tentec's infringement in an

amount to be proven at trial, and are entitled to a recovery of their damages, which include but

are not limited to, lost profits, a reasonable royalty under 35 U.S.C. § 284 and damages under 35 u.s.c. § 284.

  • 14. Tentec's infringement has also caused and continues to cause irreparable harm to

Plaintiffs, which are entitled to injunctive relief under 35 U.S.C. § 283.

COUNT II EXCEPTIONAL CASE

  • 15. Paragraphs 1-14 are incorporated herein by reference.

  • 16. Tentec has been given notice of its infringement of the '536 Patent.

Notwithstanding such notice, Tentec continues willfully and wantonly to infringe the '536 Patent,

and this is an exceptional case within the provisions of 35 U.S. C. § 285. WHEREFORE, Plaintiffs Actuant and Hydratight pray that judgment be entered in their favor and against Defendant Tentec as follows:

  • A. Adjudging that the Defendant has infringed U.S. Patent No. D633,536.

  • B. Adjudging that Defendant's acts of infringement were willful and that this is an

exceptional case.

  • C. Awarding Plaintiffs their damages, including lost profits and all reasonable

royalties, and prejudgment interest from the date of the first act of infringement.

  • D. Awarding Plaintiffs treble damages for Defendant's willful and deliberate patent

infringement.

  • E. Permanently enjoining Tentec, its agents, servants, employees, successors and

assigns, and all others acting in concert with Tentec, from infringing U.S. Patent No. D633,536

and restraining Tentec from making, using, offering to sell or selling the infringing hydraulic

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tensioners or substantially similar devices.

  • F. A warding Plaintiffs their costs and attorneys' fees incurred in this action.

  • G. Such other relief as the Court may deem appropriate.

JURY DEMAND

Plaintiffs hereby request a jury trial of all issues so triable in the above-captioned case.

Dated: June 27,2011.

Is/ David R. Cross

David R. Cross- Wis. Bar #1002866 Johanna M. Wilbert- Wis. Bar #1060853 Attorneys for Plaintiffs QUARLES & BRADY LLP

  • 411 East Wisconsin A venue, Suite 1040

Milwaukee, WI 53202-4497 Telephone: 414-277-5000 Facsimile: 414-271-3552

E-mail: david.cross@quarles.com

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