UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN

KOHLER CO.
Plaintiff,
vs.
ELKAY MANUFACTURING COMPANY
Defendant.

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Case No.

COMPLAINT
Kohler Co. (Kohler), by and for its Complaint against Defendant Elkay Manufacturing
Company (Elkay), alleges to the Court as follows:
PARTIES
1.

Kohler is a company organized and existing under the laws of the State of

Wisconsin, with a principal place of business located at 444 Highland Drive, Kohler,
Wisconsin, 53044.
2.

Kohler is informed and believes that Elkay is a corporation organized and

existing under the laws of the State of Delaware, with a principal place of business located at
2222 Camden Court, Oak Brook, Illinois, 60523.
JURISDICTION
3.

This is an action for patent infringement arising out of Elkays unauthorized

manufacturing, offering for sale, and selling kitchen sinks in violation of Kohlers patent rights.
Because this is an action for infringement under the patent laws of the United States, 35 U.S.C.

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 271, et seq., this Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
1338(a).
4.

This Court has personal jurisdiction over Elkay in that, at all times pertinent

hereto, upon information and belief, Elkay is doing business and has systematic activities in
this judicial district and is committing infringing acts in Wisconsin and this District. More
specifically, upon information and belief, Elkay offers for sale and sells apron-front sinks,
including the accused infringing sinks, online and through dealers and retail outlets in this
Judicial District.
VENUE
5.

Venue is proper in the Eastern District of Wisconsin pursuant to 28 U.S.C.

1391(b) and (c) and 1400(b) because Elkay is subject to personal jurisdiction in this District,
due at least to Elkays substantial business in Wisconsin and this District.
BACKGROUND
KOHLER HAS A HISTORY OF INNOVATION
6.

Kohler, founded in 1873, is a family-owned business. It is one of Americas

oldest and largest privately held companies, and it first began by manufacturing and selling
plows and farm implements in Sheboygan, Wisconsin.
7.

In 1883, Kohler took the company beyond its farming roots and created a new

business line by coating an iron hog scalder/water trough with enamel and calling it a
bathtub.

This bathtub innovation was an immediate hit and marked the first of many

plumbing products manufactured by Kohler.

8.

Today, in that same spirit of innovation and invention, Kohler has grown

worldwide to be synonymous with quality and originality.

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KOHLER IS A MARKET LEADER

FOR THE KITCHEN AND BATH INDUSTRY
9.

Kohler is likely best known for its distinctive and often iconic kitchen and bath

products. Kohler markets across six continents a highly regarded array of sinks, faucets, and
other kitchen and bath accessories. Kohlers diversity of products and powerful portfolio of
brands continually set new standards in design, craftsmanship, and innovation.
10.

Kohler is a recognized leader in kitchen and bath design, and its products are

well-known around the world by its global customer base in part because of Kohlers extensive
advertising and promotional efforts, which total millions of dollars each year.
11.

Kohler markets across many channels including, among others, the Internet,

television, magazines, and newspapers.

12.

Always an innovator, Kohler continuously invests in the engineering, design,

and development of new kitchen and bath products, positioning itself as an industry and market
leader.
13.

Kohler currently owns thousands of patents worldwide on innovations in the

kitchen and bath industry.

THE PATENTS-IN-SUIT
14.

Kohler is the assignee and owner of United States Patent No. 9,173,487 (the

487 patent) which describes and discloses an original and unique apron-front sink. The 487
patent, entitled Apron-front Sink, was duly and legally issued by the United States Patent and
Trademark Office on November 3, 2015, from Application Serial No. 13/310,460, filed on
December 2, 2011.

The 487 patent claims priority to U.S. Provisional Application No.

61/449,585, which was filed on March 4, 2011. A true and correct copy of the 487 patent is
attached hereto as Exhibit A.
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15.

Kohler is the assignee and owner of United States Design Patent No. D663,389

(the 389 patent) which covers an original and unique sink design. The 389 patent, entitled
Sink, was duly and legally issued by the United States Patent and Trademark Office on July
10, 2012, from Application Serial No. 29/412,242, filed on February 1, 2012, which is a
Division of Application Serial No. 29/386,884, filed on March 4, 2011. A true and correct copy
of the 389 patent is attached hereto as Exhibit B.
16.

Kohler is the assignee and owner of United States Design Patent No. D675,300

(the 300 patent) which covers an original and unique sink design. The 300 patent, entitled
Sink, was duly and legally issued by the United States Patent and Trademark Office on
January 29, 2013, from Application Serial No. 29/428,614, filed on August 1, 2012, which is a
Division tracing priority back to Application Serial No. 29/386,884, filed on March 4, 2011. A
true and correct copy of the 300 patent is attached hereto as Exhibit C.
17.

Kohler is the assignee and owner of United States Design Patent No. D670,367

(the 367 patent) which covers an original and unique sink design. The 367 patent, entitled
Sink, was duly and legally issued by the United States Patent and Trademark Office on
November 6, 2012, from Application Serial No. 29/425,479, filed on June 22, 2012, which is a
Division tracing priority back to Application Serial No. 29/386,884, filed on March 4, 2011. A
true and correct copy of the 367 patent is attached hereto as Exhibit D.
18.

The 389, 300, and 367 patents are collectively referred to herein as the

Design Patents-in-Suit.
KOHLERS NOVEL AND DISTINCTIVE SINK DESIGNS
ARE PROTECTED BY THE 487 PATENT AND THE DESIGN PATENTS-IN-SUIT
19.

On or around July 2011, after significant engineering and development expense,

Kohler introduced sinks practicing the inventions claimed in the 487 patent and having the
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novel and distinctive designs embodied in the Design Patents-in-Suit. At least Kohlers
Vault, Strive, and Whitehaven lines of apron-front sinks are embodiments of the 487
patent and the Design Patents-in-Suit.
20.

Kohler has extensively promoted its category of apron-front sinks, and these

sinks have been featured and highlighted both in design and lifestyle magazines as well as in
numerous other media outlets.
21.

As a result of their unique and distinctive designs, the Vault, Strive, and

Whitehaven lines of apron-front sinks have become successful commercial products for
Kohler.
ELKAYS INFRINGING ACTS
22.

Kohler owns the exclusive right, title, and interest in and to the inventions

claimed in the 487 patent.

23.

Kohler owns the exclusive right, title, and interest in and to the designs covered

by the Design Patents-in-Suit.

24.

Notwithstanding Kohlers rights, Elkay, without permission or authorization, is

manufacturing, offering for sale, and selling certain sinks, including the CrosstownTM Stainless
Steel Double Bowl Apron Front Undermount Sink, CrosstownTM Stainless Steel Single Bowl
Apron

Front

Undermount

EAQDUHF3523R,
ECTRUF32179RDBG,
ELUHF332010DBG,

Sink,

and

ECTRUF30179R,
ELUHF2520,

sinks

marketed

under

EAQDUHF3523L,

ECTRUF30179RDBG,

ELUHF2520DBG,

ELUHF3320DBG,

ECTRUF32179R,

ELUHF3320,

ELUHFS2816,

ELUHF332010.

ELUHFS2816DBG,

ECTRAF3220RGB, ECTRUFA32179, and EXTRUFA32179DBG model numbers (and any

other similarly configured products (collectively, the Infringing Apron-Front Sinks)), which

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infringe at least one claim of the 487 patent and the Design Patents-in-Suit. A true and correct
copy of a representative Infringing Apron-Front Sinks specification is attached hereto as
Exhibit E.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 9,173,487
25.

Kohler repeats and realleges each and every allegation contained in paragraphs

1-24, inclusive, as though fully set forth herein.

26.

The 487 patent is valid and enforceable.

27.

Kohler is the owner of all right, title, and interest in and to the inventions

claimed in the 487 patent. Kohler is entitled to receive all damages and the benefits of all
other remedies for Elkays infringement.
28.

Without permission or authorization from Kohler and in violation of 35 U.S.C.

271(a), Elkay is making, selling, offering for sale, and/or using in this District and elsewhere
in the United States, certain apron-front sinks, including, but not limited to, the Infringing
Apron-Front Sinks that infringe at least claims 1, 12, and 18 of the 487 patent (the Asserted
Claims).
29.

More specifically, in violation of the Asserted Claims, the Infringing Apron-

Front Sinks are mounted to the underside of a horizontal countertop. See Annotated Illustration
No. 1 below.
30.

The Infringing Apron-Front Sinks have a rim that forms a continuous surface.

See Annotated Illustration No. 1 below.

31.

The rim of the Infringing Apron-Front Sinks is configured to be mounted

adjacent an underside of a horizontal countertop. See Annotated Illustration No. 1 below.

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Annotated Illustration No. 1. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)
32.

The Infringing Apron-Front Sinks have an apron-front.

See Annotated

Illustration No. 2 below.

Annotated Illustration No. 2. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)
33.

The Infringing Apron-Front Sinks have one or more basins. See Annotated

Illustration No. 3 below.

34.

The basins in the Infringing Apron-front Sinks have a front wall, rear wall, first

side wall and second side wall. See Annotated Illustration No. 3 below.

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Annotated Illustration No. 3. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)
35.

The Infringing Apron-Front Sinks have an apron-front that extends outwardly

past the outermost periphery of the rim. See Annotated Illustration No. 4 below.

Annotated Illustration No. 4. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)
36.

The bottom member of the apron-front of the Infringing Apron-Front Sinks has a

rear edge that is configured to engage a vertical surface of a cabinet. See Annotated Illustration
No. 5 below.

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Annotated Illustration No. 5. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)
37.

The Infringing Apron-Front Sinks have a top flange. See Annotated Illustration

No. 6 below.
38.

The Infringing Apron-Front Sinks have a bottom flange.

See Annotated

Illustration No. 6 below.

Annotated Illustration No. 6. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)

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39.

The rim of the Infringing Apron-Front sinks is supported by the cabinet. See

Annotated Illustration No. 7 below.

Annotated Illustration No. 7. (Ex. F, Installation Instructions Undermount Apron Front Sinks.)
40.

Elkays infringement of the 487 patent has been and continues to be willful and

deliberate.
41.

Elkays conduct has caused and will continue to cause Kohler substantial

damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless
and until Elkay is enjoined from infringing the 487 patent.
COUNT II
INFRINGEMENT OF U.S. DESIGN PATENT NO. D633,389
42.

Kohler repeats and realleges each and every allegation contained in paragraphs

1-41, inclusive, as though fully set forth herein.

43.

The 389 patent is valid and enforceable.

44.

Kohler is the owner of all right, title, and interest in and to the design covered by

the 389 patent, and Kohler is entitled to receive all damages and the benefits of all other
remedies for Elkays infringement.
45.

Without permission or authorization from Kohler, Elkay has manufactured,

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offered for sale, and sold and continues to manufacture, offer for sale, and sell including,
without limitation, the Infringing Apron-Front Sinks which infringe the 389 patent.
46.

The following is a graphic from the Elkay Specification for the Crosstown

Stainless Steel Single Bowl Apron Front Sink Model(s) ECTRUF30179R:

(Ex. E, Elkay Specifications.) This graphic from the Elkay Specification for the Crosstown
Stainless Steel Single Bowl Apron Front Sink Model(s) ECTRUF30179R is representative of
the Infringing Apron-Front Sinks designs.
47.

Figure 1 from the 389 patent illustrates the claimed ornamental design for a

48.

Elkays Infringing Apron-Front Sinks contain each and every aspect of the

sink:

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claimed design in the 389 patent.

49.

Elkays Infringing Apron-Front Sinks have an overall appearance that is

confusingly similar to the claimed design in the 389 patent.

50.

Elkays Infringing Apron-Front Sinks have an overall appearance that is

substantially the same as the claimed design in the 389 patent.

51.

Elkays infringement of the 389 patent has been and continues to be willful.

52.

Elkays conduct has caused and will continue to cause Kohler substantial

damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless
and until Elkay is enjoined from infringing the 389 patent.
COUNT III
INFRINGEMENT OF U.S. DESIGN PATENT NO. D675,300
53.

Kohler repeats and realleges each and every allegation contained in paragraphs

1-41, inclusive, as though fully set forth herein.

54.

The 300 patent is valid and enforceable.

55.

Kohler is the owner of all right, title, and interest in and to the designs covered

by the 300 patent, and Kohler is entitled to receive all damages and the benefits of all other
remedies for Elkays infringement.
56.

Without permission or authorization from Kohler, Elkay has manufactured,

offered for sale, and sold and continues to manufacture, offer for sale, and sell including,
without limitation, the Infringing Apron-Front Sinks which infringe the 300 patent.
57.

The following is a graphic from the Elkay Specification for the Crosstown

Stainless Steel Single Bowl Apron Front Sink Model(s) ECTRUF30179R:

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(Ex. E, Elkay Specifications.) This graphic from the Elkay Specification for the Crosstown
Stainless Steel Single Bowl Apron Front Sink Model(s) ECTRUF30179R is representative of
the Infringing Apron-Front Sinks designs.
58.

Figure 1 from the 300 patent illustrates one of the claimed ornamental designs

for a sink:

59.

Elkays Infringing Apron-Front Sinks contain each and every aspect of the

claimed designs in the 300 patent.

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60.

Elkays Infringing Apron-Front Sinks have an overall appearance that is

confusingly similar to the claimed designs in the 300 patent.

61.

Elkays Infringing Apron-Front Sinks have an overall appearance that is

substantially the same as the claimed designs in the 300 patent.

62.

Elkays infringement of the 300 patent has been and continues to be willful.

63.

Elkays conduct has caused and will continue to cause Kohler substantial

damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless
and until Elkay is enjoined from infringing the 300 patent.
COUNT IV
INFRINGEMENT OF U.S. DESIGN PATENT NO. D670,367
64.

Kohler repeats and realleges each and every allegation contained in paragraphs

1-41, inclusive, as though fully set forth herein.

65.

The 367 patent is valid and enforceable.

66.

Kohler is the owner of all right, title, and interest in and to the designs covered

by the 367 patent, and Kohler is entitled to receive all damages and the benefits of all other
remedies for Elkays infringement.
67.

Without permission or authorization from Kohler, Elkay has manufactured,

offered for sale, and sold and continues to manufacture, offer for sale, and sell including,
without limitation, the Infringing Apron-Front Sinks which infringe the 367 patent.
68.

The following is a graphic from the Elkay Specification for the Crosstown

Stainless Steel Single Bowl Apron Front Sink Model(s) ECTRUF30179R:

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(Ex. E, Elkay Specifications.) This graphic from the Elkay Specification for the Crosstown
Stainless Steel Single Bowl Apron Front Sink Model(s) ECTRUF30179R is representative of
the Infringing Apron-Front Sinks designs.
69.

Figure 1 from the 367 patent illustrates one of the claimed ornamental designs

for a sink:

70.

Elkays Infringing Apron-Front Sinks contain each and every aspect of the

claimed designs in the 367 patent.

71.

Elkays Infringing Apron-Front Sinks have an overall appearance that is

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confusingly similar to the claimed designs in the 367 patent.

72.

Elkays Infringing Apron-Front Sinks have an overall appearance that is

substantially the same as the claimed designs in the 367 patent.

73.

Elkays infringement of the 367 patent has been and continues to be willful.

74.

Elkays conduct has caused and will continue to cause Kohler substantial

damage, including irreparable harm, for which Kohler has no adequate remedy at law, unless
and until Elkay is enjoined from infringing the 367 patent.
PRAYER FOR RELIEF
Wherefore, Kohler respectfully prays for entry of a judgment and relief as follows:
A.

For a judgment that Elkay has infringed the 487, 389, 300, and 367 patents;

B.

For a preliminary and permanent injunction enjoining Elkay and its agents,

officers, directors, employees and all persons in privity or active concert or participation with
them, directly or indirectly, from infringing, inducing others to infringe, or contributing to the
infringement of the 487, 389, 300, and 367 patents;
C.

For a judgment and award that Elkay account for and pay to Kohler damages

adequate to compensate for Elkays infringement of the 487, 389, 300, and 367 patents,
including lost profits but in no event less than a reasonable royalty;
D.

For a judgment and award of Elkays total profits in an amount subject to proof

at trial, pursuant to 35 U.S.C. 289;

E.

For a judgment and award of any supplemental damages sustained by Kohler for

any continuing post-verdict infringement of the 487, 389, 300, and 367 patents until entry of
final judgment with an accounting as needed;
F.

For a finding that Elkays infringement is willful and an award of increased

damages for willful infringement pursuant to 35 U.S.C. 284;

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G.

For an order finding that this case is exceptional case under 35 U.S.C. 285 and

awarding Kohler its costs, expenses, and disbursements incurred in this action, including
reasonable attorneys fees as available by law to be paid by Elkay;
H.

For an award of pre-judgment interest, post-judgment interest, and costs in this

action; and
I.

For an award of such other relief to Kohler as this Court deems just and proper.
DEMAND FOR JURY TRIAL

Kohler demands a trial by jury on all issues so triable.

Dated: October 27, 2016

FOLEY & LARDNER LLP

By: s/ Kadie M. Jelenchick

Jeffrey N. Costakos, WI Bar No. 1008225
Kadie M. Jelenchick, WI Bar No. 1056506
Michelle A. Moran, WI Bar No. 1073953
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
Telephone: 414.271.2400
Facsimile: 414.297.4900
E-mail: jcostakos@foley.com
E-mail: kjelenchick@foley.com
E-mail: mmoran@foley.com

Attorneys for Plaintiff Kohler Co.

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

Case 2:16-cv-01439-NJ Filed 10/27/16 Page 1 of 2 Document 1-5

Elkay Crosstown Stainless Steel 31-1/2" x 18-1/2" x 9"

Single Bowl Apron Front Sink
Model(s) ECTRUF30179R

SPECIFICATIONS
PRODUCT SPECIFICATIONS

Elkay Crosstown Stainless Steel 31-1/2" x 18-1/2" x 9", Single Bowl

Apron Front Sink. Sink is manufactured from 18 gauge 304
Stainless Steel with a Polished Satin finish, Rear Right drain
placement, and Sound Guard.
Installation Type:
Material:
Finish:
Gauge:
Sound Deadening:
Number of Bowls:
Sink Dimensions:
Bowl 1 Dimensions:
Drain Size:
Drain Location:
Minimum Cabinet Size:
Mounting Hardware:

Apron Front
304 Stainless Steel
Polished Satin
18
Sound Guard
1
31-1/2" x 18-1/2" x 9"
30" x 17" x 9"
3-1/2" (89mm)
Rear Right
36"
Part # 54300008 included

AMERICAN PRIDE. A LIFETIME TRADITION.

Like your family, the Elkay family has values and traditions that
endure. For almost a century, Elkay has been a family-owned and
operated company, providing thousands of jobs that support our
families and communities.

Installation Profile:

Sinks are listed by IAPMO as meeting the applicable

requirements of the Uniform Plumbing Code, International
Plumbing Code, and National Plumbing Code of Canada.

Product Compliance:
ASME A112.19.3/CSA B45.4
Clean and Care Manual (PDF)
Installation Instructions (PDF)
Limited Lifetime Warranty (PDF)

OPTIONAL ACCESSORIES
Bottom Grid:
Drain:
Faucet:
Sinkmate:
Soap Dispenser:

GFOBG3017RSS
LK35, LKDS35, LK99S
LK3000CR, LK3001CR, LK5000CR,
LK5000LS, LK6000CR, LK6000LS
LKSM17, LKSMHOOK,
LKSMSPONGE, LKSMHSL
LK320

PART:________________________________QTY: _____________
PROJECT:______________________________________________
CONTACT:______________________________________________
DATE:__________________________________________________
NOTES:_________________________________________________
APPROVAL:_____________________________________________
In keeping with our policy of continuing product improvement, Elkay reserves the right to change product specifications without notice. Please visit elkay.com
for the most current version of Elkay product specification sheets. This specification describes an Elkay product with design, quality, and functional benefits to the
user. When making a comparison of other producers offerings, be certain these features are not overlooked.

Elkay REV 09122016

ECTRUF30179R

Case 2:16-cv-01439-NJ Filed

2222 10/27/16
Camden CourtPage 2 of 2 Document 1-5
Oak Brook, IL 60523

2016
ECTRUF30179R_spec.pdf

EXHIBIT F

Case 2:16-cv-01439-NJ Filed 10/27/16 Page 1 of 4 Document 1-6

Installation Instructions
Undermount Apron Front Sinks

ATTENTION INSTALLER: CAREFULLY READ THESE INSTRUCTIONS BEFORE YOU BEGIN

1) RECOMMEND THAT UNDERMOUNT SINKS SHOULD BE INSTALLED BY A PROFESSIONAL
EXPERIENCED INSTALLER.
2) WARNING: DUE TO THE CUSTOM NATURE OF THIS TYPE OF INSTALLATION, NO CUTOUT TEMPLATE
IS INCLUDED. RECOMMEND PROVIDING THE CABINET MAKER WITH THE ACTUAL SINK
TO BE INSTALLED PRIOR TO CABINET FABRICATION. IT IS RECOMMENDED THAT THE SINK IS
INSTALLED WITH A 1/8 OVERHANG AS ILLUSTRATED IN FIGURE 1. IT IS FURTHER RECOMMEDED
THAT THE INSTALLER(S) DISCUSS THIS WITH THE CUSTOMER AND AGREE THAT THIS FINISHED
APPEARANCE IS THE DESIRED EFFECT. NOT RESPONSIBLE FOR IMPROPER SINK OR COUNTERTOP
INSTALLATIONS.
3) FOR REFERENCE, FIGURE 2 PROVIDES DIMENSIONAL INFORMATION TO ESTABLISH THE
CUTOUT POSITION IN RELATIONSHIP TO THE FRONT OF THE CABINET.
4) WARNING: FRONT SINK APRON MUST BE SECURED TO THE FRONT OF THE CABINET BY DRIVING
FASTENERS (NOT SUPPLIED) THROUGH THE CABINET FRONT AND INTO THE SINK MOUNTING
WOOD STRIPS AS ILLUSTRATED (SEE FIGURE 3). FAILURE OF THIS STEP CAN LEAD TO
PRODUCT DAMAGE.
5) PROPER INSTALLATION REQUIRES A COORDINATED EFFORT INCLUDING ADVANCED DIALOG
BETWEEN THE DESIGNER (OR CUSTOMER), THE CABINET MAKER, THE COUNTERTOP
FABRICATOR AND THE SINK INSTALLER DURING THE DESIGN AND INSTALLATION PHASE.
6) UNDERMOUNT SINKS SHOULD ONLY BE FASTENED TO A SOLID SURFACE COUNTERTOP

(I.E. GRANITE/CORIAN /SILESTONE ).

7) NOT RESPONSIBLE FOR SINK OR COUNTERTOP IF DAMAGED DURING INSTALLATION.
8) METAL EDGES MAY BE SHARP - USE CAUTION WHEN HANDLING.
9) FOLLOW ALL LOCAL PLUMBING AND BUILDING CODES.
10) INSPECT SINK FOR DAMAGE PRIOR TO BEGINNING INSTALLATION.

Case 2:16-cv-01439-NJ Filed 10/27/16 Page 2 of 4 Document 1-6

Installation Instructions
INSTALLATION PROFILE
COUNTERTOP
SILICONE CAULK
(NOT FURNISHED)

MOUNTING CLIP
LKUCLIP8
(NOT FURNISHED)

SINK

FASTENER
(NOT FURNISHED)

COUNTERTOP
OVERHANG
APPROX. 1/8

1/8 COUNTERTOP OVERHANG

FIGURE 1
SINK PROFILE
(EFRAUF32179R SHOWN)

1/2" RADIUS
FOR 1/8
OVERHANG

OPENING IN
COUNTERTOP

COUNTERTOP
17-7/8
FROM
CABINET
FRONT
FOR 1/8
OVERHANG

COUNTERTOP
OVERHANG 1/8"

CABINET
BASE

29-3/4 FOR 1/8 OVERHANG

FIGURE 2
17-7/8 FROM CABINET FRONT
FOR 1/8 OVERHANG
COUNTERTOP

MOUNTING
CLIP LKUCLIP8
(NOT FURNISHED)

MINIMAL
GAP

FASTENER
(NOT FURNISHED)
MOUNTING WOOD
STRIP ON SIDES
AND BOTTOM OF
FRONT PANEL
FRONT PANEL TO
MOUNT FLUSH
TO CABINET
MINIMAL
GAP
FRONT OF

SINK
PROFILE
FASTENERS (NOT FURNISHED)
THROUGH CABINET TO SECURE
TO WOOD STRIP IN FRONT PANEL
OF SINK. RECOMMENDED (3) ACROSS
FRONT AND (1) ON EACH SIDE.

CABINET

CABINET
Case
2:16-cv-01439-NJ Filed 10/27/16 Page 3 of 4 Document 1-6
FIGURE 3

USE AND CARE GUIDE

STAINLESS STEEL SINK

Easy Cleaning Instructions

Rinsing is the most important part of sink care. A stainless steel sink finish will retain its original
bright appearance if the sink is rinsed thoroughly after each use. Running the water from the
spray hose for a few minutes can do Thorough rinsing. Typically, a rinse and towel drying
after each use takes care of most everyday clean ups. Ideally, once a week the sink should be
scoured with a mildly abrasive cleaner, such as Comet. Rubbing back and forth in the direction
of the polish or grain lines will not only remove stubborn stains and greasy film buildups, but will
blend usage scratches into the satin finish of the sink. After scouring, rinse thoroughly and wipe
dry. Your sink will shine like new!
Scratching
Like most metals, your new stainless steel sink will scratch. The feature benefit of the unique
satin finish is the ease with which these scratches blend into the uniform finish of the sink. This
is accomplished with a periodic scouring with a mildly abrasive kitchen cleanser, such as
Comet.
Rubber Mats
The resiliency of stainless steel makes it unnecessary to use rubber mats to protect you sink,
dishes and glassware. However, if you do use mats, please remove them after each use. If left
in the sink, the water trapped underneath could cause discoloration.
Discoloration, Rust and Possible Pitting
Wet sponges, clothes, cleaning pads and rubber mats left on the sink can lead to discoloration.
Steel wool pads should never be used to clean your sink. Steel Wool will leave small iron
particles in the grain lines that will rust and damage the sink. Continued usage in this manner
may eventually lead to the sink itself rusting and pitting.
Liquid Soap
Do not allow concentrated liquid detergent to dry on your sink. Most brands contain chemical
additives that will affect the original high luster finish.
Chlorides
Today, chlorides are found in most all soaps, detergents, bleaches and cleansers. Chlorides
are not friendly to the stainless steel surface. They should not come in contact with the surface
of the sink for extended periods. When these chemicals are used in your sink, it should be
thoroughly rinsed. This is especially noticed when clothes are soaked in a diluted bleach
mixture. The mixture can attack the sink at the water line and cause rusting and pitting.
Knives Your sink is designed to serve as many things but not as a cutting board or chopping
block. This type of use will lead to deep scratches in the sink finish and will dull your knives.
Spotting The quality of your water can affect your sinks appearance. In areas with hard water,
a brown surface stain can form on the sink giving the appearance of rust. This phenomena also
occurs in water with high iron content. Additionally, in areas with a high concentration of
minerals, or with over-softened water, a white film may develop on the sink. To combat this
problem, we suggest that the sink be towel dried after use.
Foods Heavy salt concentration or foods containing high levels of salt should not be allowed
to dry onto the sink surface. Rinse your sink thoroughly after use.
Printed in China

(Rev C 5/13)

Case 2:16-cv-01439-NJ Filed 10/27/16 Page 4 of 4 Document 1-6

0000000196

CIVIL COVER SHEET

JS 44 (Rev. 07/16)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
Place an X in the appropriate box (required):

Green Bay Division

Milwaukee Division

I. (a) PLAINTIFFS

DEFENDANTS

Kohler Co.

(b)

Elkay Manufacturing Compnay

County of Residence of First Listed Plaintiff Sheboygan

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202
414.291.2400

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

(Place an X in One Box Only)

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
Employment
446 Amer. w/Disabilities
Other
448 Education

DEF
1

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729 (a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

3 Remanded from
Appellate Court

Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation Transfer
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

8. Multidistrict
Litigation
Direct File

(specify)

VI. CAUSE OF
ACTION

35 U.S.C. 271, et seq.

Brief description of cause:

Action for patent infringement under federal law

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

10/27/2016

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.
(See instructions):

DEMAND $

Monetary and injunctive relief

JUDGE

CHECK YES only if demanded in complaint:

JURY DEMAND:

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

s/Kadie M. Jelenchick

Case 2:16-cv-01439-NJ Filed 10/27/16 Page 1 of 2 Document 1-7

Yes

No

JS 44 Reverse (Rev. 7/16)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at
the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In
land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark
this section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more
than one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII.

Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:16-cv-01439-NJ Filed 10/27/16 Page 2 of 2 Document 1-7