IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CLAYTON CORPORATION Plaintiff, v.

MOMENTIVE PERFORMANCE MATERIALS INC., LINDAL NORTH AMERICA, INC., and ALTACHEM NV, Defendants. COMPLAINT Plaintiff Clayton Corporation, for its Complaint against defendants Momentive Performance Materials, Inc., Lindal North America, Inc., and Altachem NV, alleges as follows: Parties 1. Clayton Corporation (Clayton) is a corporation organized and existing under the Case No. JURY TRIAL DEMANDED

laws of the state of Delaware and has a principal place of business at 866 Horan Drive, Fenton, MO 63026. 2. On information and belief, Momentive Performance Materials Inc.

(Momentive) is a corporation organized and existing under the laws of the State of Delaware and has a principal place of business at 22 Corporate Woods Blvd., Albany, NY 12211. 3. On information and belief, Lindal North America, Inc., (Lindal) is a corporation

organized and existing under the laws of the State of Indiana and has a principal place of business at 4775 Progress Drive, Columbus, IN 47201.

4.

On information and belief, Altachem NV (Altachem) is a corporation organized

and existing under the laws of Belgium and has a principal place of business at Industrielaan 12, 9800 Deinze, Belgium. Jurisdiction and Venue 5. This is an action for patent infringement under 35 U.S.C. 271. The Court has

jurisdiction under 28 U.S.C. 1331 and 1338(a). 6. The Court has personal jurisdiction over defendants in that they have transacted

business and/or committed tortious acts within the State of Missouri out of which this action arises. Mo. Rev. Stat. 506.500. 7. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c)

and 1400(b), in that a substantial part of the events giving rise to the claim occurred here, and the defendants are subject to personal jurisdiction here. Patent-In-Suit 8. On July 26, 2011, the United States Patent and Trademark Office duly and legally

issued U.S. Patent No. 7,984,834 (the 834 patent), entitled Aerosol Dispenser Valve. A copy of the 834 patent is attached as Exhibit A. 9. Clayton owns the 834 patent and holds all rights to sue for past, present, and

future infringement of the 834 patent. 10. Clayton has complied with the notice requirements of 35 U.S.C. 287 with

respect to products it manufactures and sells. Facts 11. Clayton manufactures valves used in a variety of products, including moisture

curable foam products, such as polyurethane foam products.

12.

Claytons Convenience Products business unit manufactures and sells

polyurethane foam products sold under the Touch n Foam and Touch n Seal brands along with private labeled products that it manufactures for certain customers. 13. A long-standing problem with moisture curable foam products with conventional

valves is that they will fail to properly dispense the product if the moisture curable foam cures around the valve and the valve becomes stuck closed. 14. Inventors at Clayton discovered and developed improved moisture curable foam

products whose valve contains a valve member made of glass-filled polyolefin that resists sticking to inadvertently cured moisture curable foam in the container that can cause valve failure. 15. The discovery of Claytons inventors, including the improved moisture curable

foam products with failure-resistant valves made using a glass-filled polyolefin valve member, is disclosed and claimed in the 834 patent. 16. On information and belief, Lindal and Altachem are part of a group of related

companies called the Lindal Group. 17. On information and belief, Lindal has a plant in Columbus, Indiana, where it

manufactures valves, which include a glass-filled polyolefin valve member, designed for use in polyurethane foam products. 18. On information and belief, Lindal knowingly supplies valves to its customers,

including The Dow Chemical Company, who use these valves to make polyurethane foam products (such as Dows GREAT STUFF foam products) that are sold in stores throughout Missouri and the United States.

19.

On information and belief, valves supplied by Lindal to polyurethane foam

product manufacturers incorporate a valve member made of glass-filled polyolefin. 20. For example, on information and belief, valves supplied by Lindal and used on

Dows GREAT STUFF foam products consist of a high density polyethylene (a polyolefin) valve member containing approximately 34% glass fiber. 21. On information and belief, Altachem manufactures valves, which include glass-

filled polyolefin valve members, specially designed for use in polyurethane foam products. 22. On information and belief, Altachem knowingly supplies valves to manufacturers

that use the valves for polyurethane foam products that are imported into the United States and sold in stores throughout Missouri and the United States. 23. For example, on information and belief, the GE branded polyurethane foam

products sold in the United States by Momentive are manufactured using valves supplied by Altachem. 24. On information and belief, valves supplied by Altachem for polyurethane foam

products sold and used in the United States incorporate valve members made of glass-filled polyolefin, as described and claimed in the 834 patent. 25. For example, on information and belief, valves on Momentives GE branded

polyurethane foam products consist of polypropylene (a polyolefin) containing approximately 20% glass fiber. 26. On November 28, 2011, Clayton sent a letter notifying the Lindal Group

companies of the 834 patent. 27. On July 19, 2012, Clayton sent a follow-up letter to the Lindal Group companies,

including Altachem and Lindal, addressing Lindals continued infringement of the 834 patent.

COUNT I INFRINGEMENT OF U.S. PATENT NO. 7,984,834 BY MOMENTIVE 28. Clayton incorporates herein by reference Paragraphs 1 through 27 above, as if

fully set forth herein. 29. Defendant Momentive has made, used, offered to sell and/or sold products that

infringe one or more the claims of the 834 patent, including polyurethane foam products sold under the GE trademark. 30. 31. Momentive has directly infringed the 834 patent under 35 U.S.C. 271(a). On information and belief, Momentives infringement will continue unless

enjoined by the Court. 32. Clayton is without an adequate remedy at law and will be irreparably harmed if

the Court does not enter an order enjoining Momentive from infringing the 834 patent. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,984,834 BY LINDAL 33. Clayton incorporates herein by reference Paragraphs 1 through 32 above, as if

fully set forth herein. 34. Defendant Lindal has known of the 834 patent since no later than when the

Lindal Group received Claytons November 28, 2011 letter. 35. Since knowing of the 834 patent, Lindal has actively induced infringement of

one or more claims of the 834 patent, including by supplying valves, which contain glass-filled polyolefin valve members, to manufacturers for polyurethane foam products made, used, offered for sale, and sold in the United States. 36. Lindal possessed specific intent to encourage direct infringement by

manufacturers that purchased Lindals valves. 5

37.

Since knowing of the 834 patent, Lindal has contributed to infringement of one

or more claims of the 834 patent by manufacturing and supplying valves, which contain glassfilled polyolefin valve members, for moisture curable foam products, including Dows GREAT STUFF polyurethane foam products. 38. Lindals valves with glass-filled polyolefin valve members would be

economically impractical and inefficient to use for storing and dispensing products other than moisture curable foams. 39. Lindals valves with glass-filled polyolefin valve members are designed for

moisture curable foam products and have no substantial non-infringing use. 40. The valves made with glass-filled polyolefin valve members, which are described

in the 834 patent and manufactured and sold by Lindal, represent a material part of the invention claimed by the 834 patent. 41. Lindal has contributed to the infringement of the 834 patent by selling valves that

contain glass-filled polyolefin valve members, knowing that the valves are especially designed for use in the invention covered by one or more of the claims of the 834 patent and are not a staple article of commerce suitable for substantial non-infringing use. 42. and/or (c). 43. 44. the Court. 45. Clayton is without an adequate remedy at law and will be irreparably harmed if On information and belief, Lindals infringement has been knowing and willful. On information and belief, Lindals infringement will continue unless enjoined by Lindal has directly and/or indirectly infringed under 35 U.S.C. 271(a), (b),

the Court does not enter an order enjoining Lindal from infringing the 834 patent.

COUNT III INFRINGEMENT OF U.S. PATENT NO. 7,984,834 BY ALTACHEM 46. Clayton incorporates herein by reference Paragraphs 1 through 45 above, as if

fully set forth herein. 47. Defendant Altachem has known of the 834 patent since no later than when the

Lindal Group received Claytons November 28, 2011 letter. 48. Since knowing of the 834 patent, Altachem has actively induced infringement of

one or more claims of the 834 patent, including by supplying valves, which contain glass-filled polyolefin valve members, to manufacturers for polyurethane foam products imported into the United States to be used, offered for sale, and sold in the United States. 49. Altachem possessed specific intent to encourage direct infringement in the United

States by companies that imported, used, offered for sale, or sold moisture curable foam products made with Altachems valves, which contain glass-filled polyolefin valve members. 50. and/or (c). 51. willful. 52. by the Court. 53. Clayton is without an adequate remedy at law and will be irreparably harmed if On information and belief, Altachems infringement will continue unless enjoined On information and belief, Altachems infringement has been knowing and Altachem has directly and/or indirectly infringed under 35 U.S.C. 271(a), (b),

the Court does not enter an order enjoining Altachem from infringing the 834 patent.

WHEREFORE, Clayton requests that the Court enter judgment against defendants and respectfully prays that the Court enter orders: A. 7,984,834; B. C. Finding that defendants infringement has been willful; Enjoining defendants, and each of their respective officers, agents, servants, Finding that defendants have directly and/or indirectly infringed U.S. Patent No.

employees, and attorneys, and all of those persons in active concert or participation with any of them from directly or indirectly infringing any claim of U.S. Patent No. 7,984,834; D. E. F. G. Awarding compensatory damages to Clayton under 35 U.S.C. 284; Trebling the damage award under 35 U.S.C. 284; Awarding Clayton pre-judgment and post-judgment interest; Finding this to be an exceptional case under 35 U.S.C. 285 and awarding

Clayton its reasonable attorneys fees and expenses in this action. H. I. Awarding Clayton its costs in this action; Awarding such other and further relief as the Court deems just and proper. JURY DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Clayton demands a trial by jury of all issues triable of right by a jury.

Respectfully submitted, SENNIGER POWERS LLP By: /s/ Marc Vander Tuig Robert M. Evans, Jr., #35613MO Marc W. Vander Tuig, #52032MO John R. Schroeder, #63226MO 100 N. Broadway, 17th Floor St. Louis, MO 63102 (314) 345-7000 (314) 345-7600 Facsimile revans@senniger.com mvandertuig@senniger.com jschroeder@senniger.com Attorneys for Clayton Corporation