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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE AT NASHVILLE

ASTEC, INC.,

)

)

Plaintiff,

)

)

CIVIL ACTION

vs.

)

)

STANSTEEL CORPORATION and

)

JURY DEMAND

CONTRACTORSHEAVEN.COM D/B/A

)

HOT MIX PARTS & ACCESSORIES,

)

)

Defendants.

)

Plaintiff

Astec,

Inc.

COMPLAINT

("Astec"),

for

its

Complaint

against

Defendants

Stansteel

Corporation ("Stansteel") and Contractorsheaven.com d/b/a/ Hot Mix Parts & Accessories ("Hot

Mix Parts"), alleges as follows:

PARTIES

1. Plaintiff Astec, Inc. is a corporation organized under the laws of the State of

Tennessee, with a principal office located at 4101 Jerome Avenue, Chattanooga, Tennessee

37407.

2. Defendant Stansteel Corporation is a corporation organized under the laws of the

State of Kentucky and is registered to transact business in the State of Tennessee. Stansteel may

be served with process upon its registered agent in Tennessee, Corporation Service Company, at

2908 Poston Avenue, Nashville, Tennessee 37203.

3. Stansteel manufactures and offers for sale hot-mix asphalt plants and related parts,

including but not limited to batch asphalt plants with recycled asphalt product ("RAP") systems,

that are used in the asphalt production and processing markets.

4.

Stansteel is a direct competitor of Astec.

5. On information and belief, Defendant Contractorsheaven.com, Inc. d/b/a Hot Mix

Parts & Accessories is a Kentucky corporation that is a wholly owned subsidiary of Stansteel

with the same principal address as Stansteel: 12711 Townepark Way, Louisville Kentucky

40243.

6. On information and belief, Stansteel exercises control and decision-making power

over Hot Mix Parts.

7. On information and belief, Hot Mix Parts is a direct competitor of Astec, Inc. with

respect to the marketing and sale of parts for asphalt plants, including but not limited to batch

asphalt plants with recycled asphalt product ("RAP") systems that are used in the asphalt

production and processing markets.

JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction in this action pursuant to 28 U.S.C. §§

1331 and 1338, with reference to the United States Patent Laws, Title 35 of the United States

Code, and pursuant to 28 U.S.C. § 1332, with respect to diversity jurisdiction and amount in

controversy in excess of $75,000.00.

9. Stansteel and Hot Mix Parts are subject to jurisdiction in this judicial district

arising from, inter alia, Stansteel having registered to transact business with the Tennessee

Secretary of State and by Stansteel and Hot Mix Parts maintaining continuous and systematic

contacts with the State through which it offers for sale and sells products, including those

accused of infringement, in Tennessee.

10. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400.

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U.S. PATENT NO. 5,423,606

11. United States Patent No. 5,423,606 ("the '606 Patent") entitled "Batch Asphalt

Plants having RAP Weigh Hopper and Pugmill Scavenging System," was duly and legally issued

on June 13, 1995 based on an application filed on December 7, 1993. A copy of the '606 Patent

is attached to the Complaint [Court File No. 1] as Exhibit A.

12. Astec is the owner by assignment of the '606 Patent.

13. Astec has the right to sue and recover for infringement of the '606 Patent.

CLAIMS FOR PATENT INFRINGEMENT

14. Stansteel and Hot Mix Parts have infringed one or more claims of the '606 Patent,

literally and/or under the doctrine of equivalents, in violation of one or more provisions of 35

U.S.C. § 271 by manufacturing and offering to sell or selling within the United States a batch

asphalt plant and/or a RAP system for a batch asphalt plant covered by one or more claims of the

'606 Patent.

15. Upon information and belief, Stansteel and Hot Mix Parts have infringed one or

more claims of the '606 Patent in violation of 35 U.S.C. § 271(c) by offering to sell or selling

within the United States a batch asphalt plant and/or a RAP system for a batch asphalt plant

covered by one or more claims of the '606 Patent, knowing the same to be especially made or

especially adapted for use in an infringement of the '606 Patent and not a staple article or

commodity of commerce suitable for substantial non-infringing use.

16. Upon information and belief, Stansteel and Hot Mix Parts have infringed one or

more claims of the '606 Patent in violation of 35 U.S.C § 271(b) by actively inducing others,

including but not limited to its customers, to infringe one or more claims of the '606 Patent.

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Alternatively, Stansteel has induced Hot Mix Parts to infringe the ‘606 Patent in violation of 35

U.S.C. § 271(b).

17. Upon information and belief, Stansteel and Hot Mix Parts had actual notice of the

'606 Patent on or around October 3, 2011.

18. Upon information and belief, the infringement by Stansteel and Hot Mix Parts of

the '606 Patent has been willful and deliberate and will not stop unless enjoined by this Court.

WHEREFORE, Plaintiff prays for judgment and relief against Stansteel, including:

(a)

adjudging that Stansteel and Hot Mix Parts have infringed and are infringing the

'606 Patent;

 

(b)

permanently enjoining Stansteel and Hot Mix Parts and their officers, agents,

servants, employees, attorneys, all parent and subsidiary corporations, their

assigns

and

successors

in

interest

and

those

persons

acting

in

concert

or

participation with any of them who received notice of the injunction, including

distributors and customers, from continuing acts of infringement of the '606

Patent;

(c)

adjudging that an accounting be had for damages caused by the infringement by

Stansteel and Hot Mix Parts including lost profits, but not less than a reasonable

royalty, together with pre-judgment and post-judgment interest;

 

(d)

adjudging that Stansteel and Hot Mix Parts are willful infringers and awarding up

to treble damages pursuant to 35 U.S.C. § 284;

 

(e)

adjudging that this case is an exceptional case and awarding Plaintiff its costs,

expenses and reasonable attorneys' fees pursuant to 35 U.S.C. § 285; and

 

(f)

granting such other and further relief as this Court may deem just and proper.

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JURY DEMAND

Plaintiff demands a trial by jury of all issues triable to a jury.

Respectfully submitted,

CHAMBLISS, BAHNER & STOPHEL, P.C.

By:

Richard W. Bethea, Jr., BPR No. 006352 John G. Jackson, BPR No. 013840 Yousef A. Hamadeh, BPR No. 25425 1000 Tallan Building Two Union Square Chattanooga, Tennessee 37402 Telephone: (423) 757-0253 Facsimile: (423) 508-1253

/s/ John G. Jackson

Counsel for Astec, Inc.

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