IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA National Flooring Equipment, Inc.

Plaintiff, Civil No. _______________________ v. Innovatech Products and Equipment Company and Bartell Morrison Inc. Defendants COMPLAINT Plaintiff, National Flooring Equipment, Inc. (National), for its complaint against Defendants, Innovatech Products and Equipment Company (Innovatech) and Bartell Morrison Inc. (Bartell Morrison) (collectively, Defendants), alleges as follows: THE PARTIES 1. Plaintiff National is a corporation organized and operating under the laws

of the State of Minnesota and is located and doing business at 9250 Xylon Avenue North, Brooklyn Park, MN 55445. 2. Defendant Innovatech is a corporation organized and operating under the

laws of the State of Washington and is located and doing business at 832 80th St. S.W., Everett, WA 98203.

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Upon information and belief, Bartell Morrison is a Canadian corporation

located and doing business at 375 Annagem Boulevard, Mississauga, Ontario L5T 3A7. JURISDICTION AND VENUE 4. This is an action for patent infringement brought under the laws of the

United States, 35 U.S.C. 1 et seq., including but not limited to 35 U.S.C. 271, 283, 284 and 285. 5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331,

1338(a) and 1367. 6. This Court has personal jurisdiction over Defendant Innovatech.

Innovatech, using the Internet and other trade channels, regularly advertises, offers for sale, sells, and delivers its products to customers in Minnesota. Innovatech has placed into commerce infringing products that have been sold to customers in Minnesota. Through such conduct Innovatech has established sufficient minimum contacts to confer to this Court personal jurisdiction over Defendant Innovatech. Stated otherwise, this Court has personal jurisdiction over Innovatech by reason of Innovatechs activities within the State of Minnesota generally and specifically by Innovatechs commission of acts of infringement, inducement of infringement and/or contributory infringement wherein such infringement has occurred within the State of Minnesota and this judicial district. 7. This Court has personal jurisdiction over Defendant Bartell Morrison.

Bartell Morrison acquired Innovatech in 2013, and Bartell Morrisons executive vice president and COO serves as the general manager of Innovatech. Upon information and 2

belief, Bartell Morrison directs Innovatechs operations including directing Innovatech to place infringing products into commerce that have been sold to Minnesota customers. Furthermore, Bartell Morrison has a sales representative residing in Minnesota. Upon information and belief, Bartell Morrisons Minnesota sales representative serves as Bartell Morrisons sales agent in Minnesota, provides Minnesota customers advice about Bartell Morrison and Innovatech products and markets Bartell Morrison and Innovatech products to Minnesota customers, including infringing products that have been sold to Minnesota customers. Through such conduct, Bartell Morrison has established sufficient minimum contacts to confer to this Court personal jurisdiction over Bartell Morrison. Stated otherwise, this Court has personal jurisdiction over Bartell Morrison by reason of Bartell Morrisons activities within the State of Minnesota generally and specifically by Bartell Morrisons commission of acts of infringement, inducement of infringement and/or contributory infringement wherein such infringement has occurred within the State of Minnesota and this judicial district. 8. 1400(b). NATIONALS PATENT RIGHTS 9. National has developed and sells a variety of novel and inventive products Venue in this Court is proper pursuant to 28 U.S.C. 1391(c) and

used for installing or removing floor coverings such as carpet, tile, wood flooring, laminate flooring, and vinyl flooring. Nationals products include floor stripping machines used to remove carpet, tile, adhesives, and other materials from the surface of a floor. Many of Nationals products were invented by Martin L. Anderson. 3

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On November 9, 2004, U.S. Patent No. 6,813,834, entitled Angled Shank

Blade (the 834 patent) was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 834 patent is attached to this Complaint as Exhibit A. All maintenance fees due to date related to the 834 patent have been paid and the 834 patent is now in full force and effect. 11. On August 1, 2006, U.S. Patent No. 7,082,686, entitled Angled Shank

Blade (the 686 patent) was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 686 patent is attached to this Complaint as Exhibit B. All maintenance fees due to date related to the 686 patent have been paid and the 686 patent is now in full force and effect. 12. Both the 834 patent and the 686 patent were granted based upon an

invention made by Martin L. Anderson. National now owns the entire right, title and interest in and to the 834 patent and the 686 patent by virtue of an assignment from Mr. Anderson to National dated January 8, 2007. This assignment was recorded in the assignment records of the U.S. Patent and Trademark Office at Reel 018731, Frame 0261 on January 9, 2007. The assignment records related to the 834 patent and the 686 patent also show that National, formerly known as NCE Acquisition Corporation, changed its name from NCE Acquisition Corporation to National Carpet Equipment, Inc. and then to National Flooring Equipment, Inc., the name under which National is now known. These name changes were recorded in the U.S. Patent and Trademark Office on January 16, 2007 at Reel 018757, Frame 0443 and on August 11, 2009 at Reel 023079, Frame 0733, respectively. A true and correct copy of the Patent Assignment Abstract of 4

Title for the 834 patent is attached as Exhibit C. A true and correct copy of the Patent Assignment Abstract of Title for the 686 patent is attached as Exhibit D. 13. The angled shank blades described and claimed in the 834 patent and in

the 686 patent are intended to be used with floor stripping machines and provide important advantages over prior art blades used with such machines, particularly when removing ceramic tile. 14. Because of the inventions described and claimed in the 834 patent and the

686 patent, National has achieved significant commercial success not only with respect to the sale of angled shank blades, but also with respect to the sale of Nationals floor stripping machines with which such angled shank blades are used. DEFENDANT AND ITS ACTIVITIES 15. 8, 1993. 16. Upon information and belief, Defendant Innovatech has done business Defendant Innovatech was incorporated in Washington on or about March

under the registered trademark INNOVATECH since at least as early January 1, 1995. 17. According to a press release published in November 2013, Innovatech was

purchased by Bartell Morrison Inc. Bartell Morrison Inc. is a Canadian company that sells products throughout the United States, including Minnesota. Bartell Morrisons website lists Pat Dudek as its sales representative in Minnesota. 18. Nationals products, and innovations embedded in Nationals product line,

relate to machines, and accessories for such machines, ideally suited for removal of

ceramic tile. The accessories for such machines include a line of proprietary shanks and blades protected and covered by the 834 patent and the 686 patent. 19. Recognizing that its floor stripping machines, including those offered under

the TERMINATOR trademark, could only be effectively used to remove tile if used in conjunction with angled shank blades of the type covered by the claims of Nationals 834 patent and 686 patent, Innovatech introduced at least one such angled shank blade under the trademark INNOVATECH SABER CLAW. 20. Neither Innovatech nor any affiliate of Innovatech have any right to make,

have made, import, use, offer to sell or sell, any products covered by the 834 and 686 patents. The INNOVATECH SABER CLAW is such a product. 21. On March 24, 2014, after learning of and inspecting materials related to the

INNOVATECH SABER CLAW product and a sample of the product, Kevin Hawthorne, Nationals president, wrote Shawn Wiggins, Innovatechs Engineering Manager, an email concerning Nationals patent rights and Innovatechs infringement of Nationals patent rights. Mr. Hawthorne demanded that infringing activities cease. A true and correct copy of this e-mail is attached as Exhibit E. 22. On April 3, 2014, Richard Stanley, EVP and Chief Operating Officer of

Bartell Morrison responded on Innovatechs behalf erroneously contending that the products made by Innovatech do not infringe and tacitly indicating the manufacture and sale of the infringing products will continue. A true and correct copy of this e-mail is attached as Exhibit F.

COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,813,834 23. Complaint. 24. Innovatech has been and is making, using, offering for sale and selling, National incorporates by reference and re-alleges Paragraphs 1-22 of this

without license or authority of National, angled shank blades embodying the invention(s) claimed in the 834 patent. Such activities constitute direct infringement of the 834 patent in violation of 35 U.S.C. 271(a). 25. By virtue of its promotion of angled shank blades embodying the

invention(s) claimed in the 834 patent in a manner encouraging others to use such blades with floor scraping machines, Innovatech has actively induced infringement of the 834 patent in violation of 35 U.S.C. 271(b) and contributed to infringement in violation of 35 U.S.C. 271(c). 26. Bartell Morrison has actively aided and abetted Innovatechs infringement

of the 834 patent and is therefore liable for inducing infringement in violation of 271(b). 27. Such infringement has been willful and with full knowledge of Nationals

834 patent. Such infringement has been deliberate and carried out without regard to Nationals patent rights. 28. Court. Defendants will continue to infringe the 834 patent unless enjoined by this

29.

National has been damaged by Defendants infringement and will continue

to be damaged by Defendants infringement unless such infringement is enjoined by this Court. COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,082,686 30. Complaint. 31. Innovatech has been and is making, using, offering for sale and selling, National incorporates by reference and re-alleges Paragraphs 1-29 of this

without license or authority of National, in this district and elsewhere in the United States, angled shank blades embodying the invention(s) claimed in the 686 patent. Such activities constitute direct infringement of the 686 patent in violation of 35 U.S.C. 271(a). 32. By virtue of its promotion of angled shank blades embodying the

invention(s) claimed in the 686 patent in a manner encouraging others to use such blades with floor scraping machines, Innovatech has actively induced infringement of the 686 patent in violation of 35 U.S.C. 271(b) and contributed to infringement in violation of 35 U.S.C. 271(c). 33. Bartell Morrison has actively aided and abetted Innovatechs infringement

of the 834 patent and is therefore liable for inducing infringement in violation of 271(b). 34. Defendants infringement has been willful and with full knowledge of

Nationals 686 patent. Such infringement has been deliberate and carried out without regard to Nationals patent rights. 8

35. Court. 36.

Defendants will continue to infringe the 686 patent unless enjoined by this

National has been damaged by Innovatechs infringement and will continue

to be damaged by Innovatechs infringement unless such infringement is enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff National prays for the following relief: (a) That Innovatech and Bartell Morrison and their officers, agents, servants,

employees and attorneys, affiliates, and all persons in active concert or participation with them be found to have infringed the valid U.S. Patent No. 6,813,834, and be enjoined, preliminarily and permanently, from making, using, selling, offering for sale or importing into the United States products which infringe U.S. Patent No. 6,813,834; (b) That Innovatech and Bartell Morrison, their officers, agents, servants,

employees and attorneys, affiliates, and all persons in active concert or participation with them be found to have infringed the valid U.S. Patent No. 7,082,686, and be enjoined, preliminarily and permanently, from making, using, selling, offering for sale or importing into the United States products which infringe U.S. Patent No. 7,082,686; (c) That National be compensated by Defendants for the damages caused by

Defendants infringement of U.S. Patent No. 6,813,834 under 35 U.S.C. 284, in an amount to be determined by an accounting, but not less than a reasonable royalty, plus interest;

(d)

That National be compensated by Defendants for the damages caused by

Defendants infringement of U.S. Patent No. 7,082,686 under 35 U.S.C. 284, in an amount to be determined by an accounting, but not less than a reasonable royalty, plus interest; (e) That the award of damages for infringement of U.S. Patent No. 6,813,834

be trebled as provided for by 35 U.S.C. 284 for willful infringement by each of the Defendants; (f) That the award of damages for infringement of U.S. Patent No. 7,082,686

be trebled as provided for by 35 U.S.C. 284 for willful infringement by each of the Defendants; (g) That National be awarded its costs and attorneys fees incurred in

prosecuting this exceptional case, as provided for by 35 U.S.C. 285, plus interest; (h) proper. That National be awarded such other relief as the Court deems just and

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JURY DEMAND National demands a jury trial on all issues so triable. Date: April 11, 2014 s/ James T. Nikolai James T. Nikolai (#144,101) Peter G. Nikolai (#322,052) NIKOLAI & MERSEREAU, P.A. 900 Second Avenue South, Suite 1550 Minneapolis, MN 55402 Telephone: (612) 339-7461 Facsimile: (612) 349-6556 Email: Jim.Nikolai@nm-iplaw.com Peter.Nikolai@nm-iplaw.com ATTORNEYS FOR PLAINTIFF NATIONAL FLOORING EQUIPMENT, INC.

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