Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 1 of 14 PageID# 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION ELECTROJET TECHNOLOGIES, INC. v. Plaintiff, STIHL INCORPORATED and ANDREAS STIHL AG & CO. KG, Defendants. Case No. JURY TRIAL DEMANDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff ElectroJet Technologies, Inc. alleges as follows: The Parties 1. Plaintiff, ElectroJet Technologies, Inc. ( ElectroJet ) is a corporation organized and existing under the laws of the State of Michigan, having a principal place of business at 7717 Lochlin Drive, Brighton, Michigan 48116. 2. ElectroJet designs, and manufactures and sells electronic control units (ECU) for engine management systems of internal combustion engines. ElectroJet sells these ECUs and associated engine components to customers in a variety of industries from military applications to home generators to personal vehicles.
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 2 of 14 PageID# 2 3. ElectroJet owns several patents related to its ECUs, including the patents-in-suit: U.S. Patent No. 6,955,081 ( the 081 Patent ) and U.S. Patent No. 7,225,793 ( the 793 Patent ). 4. On information and belief, 1 Defendant Andreas Stihl AG & Co. KG is a privatelyheld company organized and existing under the laws of the Federal Republic of Germany, with its principal place of business at Badstrasse 115, 71336 Waiblingen, Federal Republic of Germany. 5. On information and belief, Defendant Stihl Incorporated is a Delaware Corporation, with its principal place of business at 536 Viking Drive, Virginia Beach, Virginia 23452. 6. On information and belief, Defendant Andreas Stihl AG & Co. KG exports the Accused Devices described below from Germany into this District, allowing Defendant Stihl Incorporated to sell the Accused Devices throughout the United States, including in this District. On information and belief, Stihl Incorporated is the sole importer into the United States of products manufactured by Defendant Andreas Stihl AG & Co. KG, including the Accused Devices described below. In addition, Stihl Incorporated has been assigned rights to enforce Defendant Andreas Stihl AG & Co. KG s patents in the United States. 7. On information and belief, the registered agent for Stihl Incorporated is Mark D. Williamson, 101 W. Main St., Suite 9000, Norfolk, Virginia 23510. Jurisdiction and Venue 8. This is an action for patent infringement arising under the Patent Laws of the United States, Title 35, United States Code. 1 Allegations made on information and belief will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 2
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 3 of 14 PageID# 3 9. The subject matter jurisdiction for this Court is founded upon 28 U.S.C. 1338 (patents) and 28 U.S.C. 1331 (federal question). 10. Defendant Stihl Incorporated includes its principal place of business in the Eastern District of Virginia. Stihl Incorporated regularly and continuously engages in substantial sales and other business transactions in the Eastern District of Virginia, including the sale of the Accused Devices described below. The United States District Court for the Eastern District of Virginia therefore has in personam jurisdiction over Stihl Incorporated. 11. On information and belief, Defendant Andreas Stihl AG & Co. KG exports the Accused Devices described below to the Eastern District of Virginia, allowing Defendant Stihl Incorporated to sell the Accused Devices throughout the country, including in this District. 12. On information and belief that Defendant Andreas Stihl AG & Co. KG is amendable to litigation in this forum because it has made itself available in the Eastern District of Virginia. For example, Defendant Andreas Stihl AG & Co. KG has previously initiated a patent infringement action in the Eastern District of Virginia in Andreas Stihl AG& Col. KG, et al., v. Ahlborn Equipment, Inc., Civil Action No. 2:10-cv-00439. 13. Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400 because Stihl Incorporated s principal place of business is located in this district, and because both Defendants have availed themselves to the benefits and protections of this District by enforcing patents owned by Defendant Andreas Stihl AG & Co. KG. 3
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 4 of 14 PageID# 4 The Patents-in-Suit 14. The U.S. Patent Office issued U.S. Patent No. 6,955,081 ( the 081 Patent ) on October 18, 2005. The title of the 081 Patent is Electronic engine control with reduced sensor set. 15. The named inventor of the 081 Patent is Kyle Earl Edward Schwulst. 16. The U.S. Patent Office issued U.S. Patent No. 7,225,793 ( the 793 Patent ),, on June 5, 2007. The title of the 793 Patent is Engine timing control with intake air pressure sensor. 17. The named inventors of the 793 Patent are Kyle Earl Edward Schwulst and Tamas I. Pattantyus. 18. ElectroJet is the owner of all right, title and interest in the 081 Patent and the 793 Patent (collectively referred to as the Patents ). 19. Neither Defendant Stihl Incorporated nor Defendant Andreas Stihl AG & Co. KG (collectively, Defendants ) have any license, authorization, consent, or permission from Plaintiff to manufacture, use, offer to sell, or sell any product embodying the subject matter of any claim of the Patents. The Accused Devices 20. Plaintiff incorporates and realleges the preceding paragraphs. 21. Defendants sell handheld concrete cutters, including at least model numbers TS480i and TS500i (the Accused Devices ). The Accused Devices share the same Instruction Manual (https://www.stihlusa.com/webcontent/cmsfilelibrary/instructionmanuals/stihl- TS-480i-500i-Owners-Instruction-Manual.pdf) and incorporate many identical features, such as the infringing features described below. 4
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 5 of 14 PageID# 5 22. Defendants implementation of an electronically controlled fuel injection system (described below) into the Accused Devices infringes Electrojet s Patents. COUNT I Infringement of the 081 Patent 23. Plaintiff incorporates and realleges the preceding paragraphs. 24. Defendants have infringed, and are continuing to infringe (literally and/or under the doctrine of equivalents) at least claims 11, 13, 15 and 18 of the 081 Patent and by making, offering for sale or use, and/or selling, distributing, importing, promoting or providing for use by others in this district and elsewhere in the United States, products including but not limited to the Accused Devices. 25. Claim 11 of the 081 Patent, which is representative of the infringed claims, states: 11. An engine control apparatus for determining engine position and intake air mass from intake air pressure, said control apparatus comprising; (a) an engine having at least one cylinder, a piston in said cylinder, a crankshaft connected to said piston, said piston being adapted to reciprocate between a top dead center position and a bottom dead center position defining a combustion chamber, an intake valve controlling the induction of an air mass into said combustion chamber with predetermined timing related to said crankshaft's angular position, said engine air induction system having its induction chamber contiguous with said valve and said engine combustion chamber; (b) a pressure sensing element in communication with said air induction chamber, said pressure sensing element sensing pressure fluctuations in said air induction chamber when said valve opens to allow the intake air/fuel charge to flow into 5
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 6 of 14 PageID# 6 said combustion chamber, and said pressure sensing element generating intake pressure signals in response to said pressure fluctuations; and (c) an engine controller in communication with said pressure sensing element and configured to determine, in real time, cycle time, crankshaft position, and intake air pressure based on said intake pressure signals to thereby determine engine timing and intake air mass to properly run said engine. 26. On information and belief, an article, published by the Society of Automotive Engineers (SAE) and authored by Defendants, describes the Stihl Injection system used in the Accused Devices. This article is entitled: Electronically Controlled Batteryless Injection System for Small Two-Stroke SI Engines, Paper #: SAE 2012-32-0118, published on October 23, 2012, authored by Arno Kinnen, Wolfgang Layher, and Heiko Däschner ( the SAE Article ). 27. On information and belief, the engine of the Accused Devices includes every limitation of paragraph (a) of claim 11. As illustrated below, the SAE Article depicts and describes the engine of the Accused Products, which includes an engine having at least one cylinder, a piston in said cylinder, a crankshaft connected to said piston, said piston being adapted to reciprocate between a top dead center position and a bottom dead center position defining a combustion chamber, an intake valve controlling the induction of an air mass into said combustion chamber with predetermined timing related to said crankshaft's angular position, said engine air induction system having its induction chamber contiguous with said valve and said engine combustion chamber as required by limitation (a) of claim 11. 6
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 7 of 14 PageID# 7 28. On information and belief, the Accused Devices also include a pressuretemperature sensor that intake pressure signals in response to said pressure fluctuations within the combustion chamber of the engine. As illustrated in Figure 18 of the SAE article reproduced above and Figures 4 and 5 of the SAE article reproduced below, the SAE Article depicts and describes the pressure sensing element of the Accused Products which is in communication with said air induction chamber, said pressure sensing element sensing pressure fluctuations in said air induction chamber when said valve opens to allow the intake air/fuel charge to flow into said combustion chamber, and said pressure sensing element generating intake pressure signals in response to said pressure fluctuations as required by limitation (b) of claim 11. 7
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 8 of 14 PageID# 8 29. On information and belief, the Accused Devices also include an Engine Control Unit (ECU) that utilizes the signals from the pressure sensor to determine cycle time, crankshaft position, and intake air pressure to thereby determine engine timing and intake air mass to properly run said engine. As illustrated below, the Accused Devices include an engine controller in communication with said pressure sensing element and configured to determine, in real time, cycle time, crankshaft position, and intake air pressure based on said intake pressure signals to thereby determine engine timing and intake air mass to properly run said engine as required by limitation(c) of claim 11. 8
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Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 10 of 14 PageID# 10 30. Without any license, authorization, consent, or permission from ElectroJet to manufacture, use, offer to sell, sell, or import any product embodying the subject matter of at least claim 11 of the 081 Patent, Defendants have nonetheless used ElectroJet s patented technology in the Accused Devices to, among other things, make[] starting easier and more reliable. (https://www.stihlusa.com/products/cut-off-machines/professional-cut-offmachines/ts500i/) 31. Plaintiff ElectroJet has been irreparably harmed, by the Defendants infringing conduct and such harm will continue unless Defendants are enjoined from further infringement by this Court. COUNT II Infringement of the 793 Patent 32. Plaintiff incorporates and realleges the preceding paragraphs. 33. Defendants have infringed, and are continuing to infringe (literally and/or under the doctrine of equivalents) at least claims 12, 23, 24, and 29 of the 793 Patent and by making, offering for sale or use, and/or selling, distributing, importing, promoting or providing for use by others in this district and elsewhere in the United States, products including but not limited to the Accused Devices. 34. Claim 12 of the 793 Patent, which is representative of the infringed claims, states: 12. An engine control apparatus for an engine having at least one cylinder, a piston in said cylinder, a crankshaft connected to said piston, said piston being adapted to reciprocate between top dead center position and bottom dead center position defining a combustion chamber having an intake valve controlling the induction of a air and fuel charge mass into said combustion chamber with 10
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 11 of 14 PageID# 11 predetermined timing related to said crankshaft's angular position and a spark plug for igniting the air and fuel charge, said engine air induction system having an air induction chamber contiguous with said intake valve with an intake throttle valve for regulating intake air flow there through and an electronically controlled fuel injector for introducing a metered fuel charge into the intake air mass, the engine control apparatus comprising; (a) a pressure sensing element in communication with said air induction chamber providing an intake pressure signal which fluctuates during an intake event; (b) a pressure signal processing circuit which uses the intake pressure signal to develop at least one timing pulse per intake event with providing an indication of a crankshaft angular position with in an engine cycle, with the time between timing pulses being an indication of engine crankshaft speed; (c) a fuel injector driver circuit which based on at least, a temperature input and the air flow signal, provides a fuel injector output signal to cause the fuel injector to open during a selected period in the engine cycle and for a duration necessary to inject a charge of fuel in proportion to the intake air charge mass without referencing the physical position of the intake throttle valve; and (d) an ignition driver circuit which provides in ignition output signal to fire the sparkplug at a selected time during an engine cycle. 35. On information and belief, as illustrated in Figures 4 and 5 (reproduced above) of the SAE Article, the Accused Devices include a pressure sensing element in communication with said air induction chamber providing an intake pressure signal which fluctuates during an intake event as required by limitation (a) of claim 12. 11
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 12 of 14 PageID# 12 36. On information and belief, as illustrated in Figures 5 and 8 (reproduced above) of the SAE Article, the Accused Devices include a pressure signal processing circuit which uses the intake pressure signal to develop at least one timing pulse per intake event with providing an indication of a crankshaft angular position with in an engine cycle, with the time between timing pulses being an indication of engine crankshaft speed as required by limitation (b) of claim 12. 37. On information and belief, as illustrated in Figures 1 and 8 (reproduced above) of the SAE Article and Figure 2 (reproduced below) of the SAE Article and their accompanying description, the Accused Devices include a fuel injector driver circuit which based on at least, a temperature input and the air flow signal, provides a fuel injector output signal to cause the fuel injector to open during a selected period in the engine cycle and for a duration necessary to inject a charge of fuel in proportion to the intake air charge mass without referencing the physical position of the intake throttle valve, as required by limitation (c) of claim 12. 38. On information and belief, as illustrated in Figures 1, 2, and 8 (reproduced above) of the SAE Article, the Accused Devices include an ignition driver circuit which provides in ignition output signal to fire the sparkplug at a selected time during an engine cycle, as required by limitation (d) of claim 12. 39. Without any license, authorization, consent, or permission from ElectroJet to manufacture, use, offer to sell, sell, or import any product embodying the subject matter of at 12
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 13 of 14 PageID# 13 least claim 12 of the 793 Patent, Defendants have nonetheless used ElectroJet s patented technology in the Accused Devices to, among other things, make[] starting easier and more reliable. (https://www.stihlusa.com/products/cut-off-machines/professional-cut-offmachines/ts500i/) 40. Plaintiff ElectroJet has been irreparably harmed by the Defendants infringing conduct and such harm will continue unless Defendants are enjoined from further infringement by this Court. Demand for Relief WHEREFORE, ElectroJet requests entry of judgment against Defendants as follows: A. Finding Defendants liable to plaintiff ElectroJet for infringement of the 081 and 793 patents; B. Awarding Plaintiff ElectroJet damages adequate to compensate for such infringement; C. Increasing the damages up to three times, under authority of 35 U.S.C. 284, 2; D. Finding the case exceptional, under 35 U.S.C. 285, and awarding plaintiff ElectroJet its costs, including reasonable attorney s fees; E. Preliminarily and permanently enjoining Defendants, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the injunction, from further infringement of the 081 and 793 patents; and G. Granting such other, further and different relief as may be just and equitable on the proofs. 13
Case 2:17-cv-00224-RAJ-DEM Document 1 Filed 04/20/17 Page 14 of 14 PageID# 14 Demand for Jury Trial ElectroJet demands a trial by jury for all issues so triable. Respectfully submitted, Dated: April 20, 2017 /s/ Craig C. Reilly. Craig C. Reilly, Esq. (VSB #20942) 111 Oronoco Street Alexandria, Virginia 22314 Tel: (703) 549-5354 Fax: (703) 549-5355 Email: craig.reilly@ccreillylaw.com Counsel for Plaintiff Of Counsel for Plaintiff: Thomas A. Lewry John E. Nemazi John P. Rondini Michael N. MacCallum Mark A. Jotanovic BROOKS KUSHMAN P.C. 1000 Town Center, 22 nd Floor Southfield, MI 48075 Telephone: (248) 358-4400 / Fax: (248) 358-3351 Email: tlewry@brookskushman.com jnemazi@brookskushman.com jrondini@brookskushman.com mmaccallum@brookskushman.com mjotanovic@brookskushman.com 14