IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. __________________ John Bruckbauer, Plaintiff, v. LeMans Corporation a Wisconsin corporation, Defendant.

COMPLAINT AND JURY DEMAND

Plaintiff John Bruckbauer, doing business as System Tech Racing (STR), by and through his undersigned attorney, for his Complaint against LeMans Corporation ("Defendant" or "LeMans") states as follows:

PARTIES 1. Plaintiff, Mr. Bruckbauer, is a Colorado resident, with his principal place of

business at 5469 N. Glade Road, Loveland, Colorado 80538. 2. Upon information and belief, defendant LeMans Corporation is a Wisconsin

corporation with its principal place of business at 3501 Kennedy Road, Janesville, Wisconsin 53547.

JURISDICTION AND VENUE 3. This is a civil action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 101, et. seq. 4. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 1338(a). 5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400 in

that Defendant has sold infringing products into Colorado and has numerous established dealerships in this district.

BACKGROUND 6. U.S. Patent No. 7,370,670 (the 670 Patent) for a Bleed Valve System for

Motorcycle Suspensions was duly and legally issued on May 13, 2008. A true and correct copy of the 670 Patent is attached hereto as Exhibit A. 7. 8. 9. Mr. Bruckbauer is the named inventor in the 670 patent. Mr. Bruckbauer owns all right, title and interest in and to the 670 patent. U.S. Patent No. 7,231,939 (the 939 Patent) for a Bleed Valve System for

Motorcycle Suspensions, was duly and legally issued on Jun 19, 2007. A true and correct copy of the 939 Patent is attached hereto as Exhibit B. 10. 11. 12. Mr. Bruckbauer is the named inventor of the 939 patent. Mr. Bruckbauer owns all right, title and interest in the 939 patent. Mr. Bruckbauer manufactures and sells bleed valves covered by the 670 and/or

the 939 patent. 13. An example of a bleed valve sold by Mr. Bruckbauer under the trade name

System Tech Racing is attached hereto as Exhibit C.

14.

Upon information and belief, after the 939 Patent issued, LeMans contracted

with a third party to manufacture a bleed valve as claimed in the 670 and/or the 939 patents. 15. LeMans has induced others to manufacture bleed valves that infringe the 670

and/or the 939 patent for the purpose of selling the infringing valves to end users in the United States and in Colorado. 16. LeMans is the owner of U.S. Trademark Registration No. 2206255 for the word

MOOSE as used in conjunction with catalog services featuring parts for motorcycles and other items. 17. LeMans sells and offer for sale a bleed valve as claimed in the 670 and/or the

939 patent under its Moose trademark. 18. An image of an example of a bleed valve that infringes the 670 and/or the 939

patent as sold by LeMans under the Moose trademark is attached as Exhibit D (Moose Part No. 3805-0018). 19. LeMans has offered to sell and has sold at least one bleed valve that infringes the

670 and/or the 939 patent in the state of Colorado. 20. LeMans has no issued patents covering the bleed valve for motorcycle

suspensions that it sells under the Moose trademark and which is shown in Exhibit D. 21. Upon information and belief, LeMans has no pending patent applications for its

infringing bleed valves, but instead copied Mr. Bruckbauers invention disclosed in the 670 and/or the 939 patent. 22. LeMans does not have, and at no time has ever had, a license under the 670 or

the 939 patent.

23.

Upon information and belief, LeMans has falsely represented to one or more

customers, business partners, retailers or other third parties that LeMans has a license to practice the invention disclosed in the 670 and/or the 939 patents. 24. Since 2007 Mr. Bruckbauer has informed LeMans of his patent rights under the

670 and/or the 939 patents and communicated with LeMans/Moose representatives to open a dialog regarding LeManss infringement, but his attempts have received only deceptive or delaying action from LeMans/Moose. 25. The wavy design of the cap of Plaintiffs bleed valves is non-functional and

distinctive, and belongs to Plaintiff as trade dress for the bleed valve. 26. Without the consent of Plaintiff, LeMans has used the design of the cap in on its

infringing bleed valves in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the Mr. Bruckbauer. 27. LeMans has its infringing bleed valves made by an entity known as DT1

Racing. FIRST CLAIM FOR RELIEF (Infringement of the 670 Patent) 28. Plaintiff incorporates herein by reference each and every allegation in paragraphs

1 through 27. 29. Defendant's activities in making, using, selling and/or offering to sell in the

United States the bleed valves such as shown in Exhibit D constitutes direct infringement of the 670 patent, in violation of 35 U.S.C. 271(a). 30. Upon information and belief, Defendant is inducing direct infringement of the

670 Patent by others by actively instructing, assisting, and/or encouraging others to

practice one or more of the inventions claimed in the 670 patent, in violation of 35 U.S.C. 271(b). 31. Upon information and belief, Defendant is contributing to direct infringement of

the 670 patent by others by directing others to manufacture one or more components which constitute a material part of the invention defined by the claims of the 670 patent, knowing the same to be especially made or especially adapted for use in an infringement of the 670 patent, and which components are not staple articles or commodities of commerce suitable for substantial non-infringing use, in violation of 35 U.S.C. 271(c). 32. Defendant's actions of making, having made, importing, using or selling products

which infringe the 670 patent have been, and are, willful, deliberate and/or in conscious disregard of Mr. Bruckbauers rights, making this an exceptional case within the meaning of 35 U.S.C. 285 and entitling Mr. Bruckbauer to an award of his attorneys' fees and treble damages. 33. Defendant's infringement of the 670 patent has caused damage to Mr.

Bruckbauer in an amount to be ascertained at trial. 34. Defendant's infringement of the 670 patent has caused and will continue to cause

irreparable injury to Mr. Bruckbauer, to which there exists no adequate remedy at law. Defendant's infringement of the 670 patent will continue unless enjoined by this Court.

SECOND CLAIM FOR RELIEF (Infringement of the 939 Patent) 35. Plaintiff incorporates herein by reference each and every allegation in paragraphs

1 through 34.

36.

Defendant's activities in making, using, selling and/or offering to sell in the

United States and/or importing into the United States the bleed valves such as shown in Exhibit D constitutes direct infringement of the 939 patent, in violation of 35 U.S.C. 271(a). 37. Upon information and belief, Defendant is inducing direct infringement of the

939 Patent by others by actively instructing, assisting, and/or encouraging others to practice one or more of the inventions claimed in the 939 patent, in violation of 35 U.S.C. 271(b). 38. Upon information and belief, Defendant is contributing to direct infringement of

the 939 patent by others by directing others to manufacture one or more components which constitute a material part of the invention defined by the claims of the 939 patent, knowing the same to be especially made or especially adapted for use in an infringement of the 939 patent, and which components are not staple articles or commodities of commerce suitable for substantial non-infringing use, in violation of 35 U.S.C. 271(c). 39. Defendant's actions of making, having made, importing, using or selling products

which infringe the 939 patent have been, and are, willful, deliberate and/or in conscious disregard of Mr. Bruckbauers rights, making this an exceptional case within the meaning of 35 U.S.C. 285 and entitling Mr. Bruckbauer to an award of his attorneys' fees and treble damages. 40. Defendant's infringement of the 939 patent has caused damage to Mr.

Bruckbauer in an amount to be ascertained at trial.

41.

Defendant's infringement of the 939 patent has caused and will continue to cause

irreparable injury to Mr. Bruckbauer, to which there exists no adequate remedy at law. Defendant's infringement of the 939 patent will continue unless enjoined by this Court.

THIRD CLAIM FOR RELIEF (Unfair Competition pursuant to 15 U.S.C. 1125(a)) 42. Plaintiff incorporates herein by reference each and every allegation in paragraphs

1 through 41. 43. Upon information and belief, LeMans, with actual knowledge of the 670 and/or

the 939 patent, intended to deceive and mislead one or more customers of bleed valves for motorcycles by falsely representing that LeMans has a license to the 670 and/or the 939 patent, when it in fact does not. 44. LeMans has misled and will continue to mislead consumers and the unsuspecting

public, including Mr. Bruckbauers customers and potential customers, into assuming that LeMans has authorization to practice the invention disclosed in the 670 and/or the 939 patent and use Plaintiffs trade dress on the cap of LeMans when in fact it has no license under the 670 and/or the 939 patent. Therefore, LeMans' activities adversely affect Mr. Bruckbauers exclusive rights afforded by the 670 and/or the 939 patent and the rights granted by Mr. Bruckbauer to his authorized licensees, as well as the interest of the public in being free from such deception and misleading practices. 45. The unlawful activities of LeMans described above have caused or will cause

damage to Mr. Bruckbauer, to Mr. Bruckbauer's intellectual property rights, and will likely cause irreparable injury to Mr. Bruckbauer if not enjoined.

THIRD CLAIM FOR RELIEF (Fraudulent Misrepresentation) 46. Plaintiff incorporates herein by reference each and every allegation in paragraphs

1 through 45. 47. Defendant has made false representations of material facts in connection with its

right to practice the invention described in the 670 and/or the 939 patent. 48. Defendant's false representations of material facts include its representation to

DT1 Racing and, upon information belief, other third parties that Defendant has an appropriate license from Mr. Bruckbauer under the 670 and/or the 939 patents. 49. Defendant's representations were material in that they encouraged customers and

suppliers of bleed valves to manufacture products for Defendant and to enter into purchase and or sale agreements with Defendant, and upon information belief encouraged other third parties to conduct business with Defendant instead of with Mr. Bruckbauer as the rightful owner of the 670 and/or the 939 patent. 50. Defendant's false representations were made with the intent to mislead these

customers, suppliers and other third parties. 51. Defendant's actions have resulted in damage to Mr. Bruckbauer in an amount to

be determined at trial. PRAYER FOR RELIEF WHEREFORE, Mr. Bruckbauer requests that judgment be entered in its favor and against Defendant as follows: A. B. Declaring that Defendant has infringed United States Patent No. 7,370,670; Declaring that Defendant has infringed United States Patent No. 7,231,939;

C.

Issuing temporary, preliminary, and permanent injunctions enjoining Defendant,

its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert with any of the foregoing, from further activities that constitute infringement of United States Patent Nos. 7,370,670 and 7,231,939, pursuant to 35 U.S.C. 283;

D.

Awarding Mr. Bruckbauer damages arising out of Defendant's infringement of

United States Patent Nos. 7,370,670 and 7,231,939 in an amount not less than lost profits or for each act of infringement, and trebling those damages pursuant to 35 U.S.C. 284, together with costs and pre- and post-judgment interest;

E.

Finding that this is an "exceptional case" within the meaning of 35 U.S.C. 285

and awarding reasonable attorneys' fees to Mr. Bruckbauer;

F.

Awarding Mr. Bruckbauer damages for Defendant's intentional misleading and

fraudulent misrepresentations to customers, suppliers and other third parties, including Mr. Bruckbauer's lost profits;

G.

Awarding Mr. Bruckbauer all compensatory, treble, punitive, statutory or other

damages allowable under the law for the claims asserted against Defendant; and

H.

Awarding Mr. Bruckbauer such further legal and equitable relief as the Court

deems just and proper.

JURY DEMAND Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Mr. Bruckbauer demands a trial by jury on all issues so triable.

DATED: February 14, 2014.

Respectfully submitted, /s/ Ramon Pizarro Ramon L. Pizarro 3515 South Tamarac Drive, Suite 200 Denver, CO 80237 Tel: (Direct) (303) 785-2819 Tel: (Main) (303) 779-9551 e-mail: ramon@ramonpizarro.com ATTORNEY FOR PLAINTIFF, JOHN BRUCKBAUER

Plaintiffs Address: 5469 N. Glade Road Loveland, Colorado 80538

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