Kohler Co. v. Amerisink Inc. - Complaint

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
KOHLER CO. )
)
Plaintiff, )
)
vs. )
) Case No. 2:17-cv-00573
AMERISINK, INC. )
)
Defendant. )
)
)
COMPLAINT
Kohler Co. (Kohler), by and for its Complaint against Defendant Amerisink, Inc.
(Amerisink), 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 Defendant Amerisink is a corporation
organized and existing under the laws of the State of California, with a principal place of
business located at 835 Fremont Avenue, San Leandro, California 94577.
JURISDICTION
3. This is an action for patent infringement arising out of Amerisinks unauthorized
importing, manufacturing, offering for sale, and/or 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. 271, et seq., this Court has subject matter jurisdiction pursuant to 28 U.S.C.
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Case 2:17-cv-00573-NJ Filed 04/21/17 Page 1 of 24 Document 1

1331 and 1338(a).
4. This Court has personal jurisdiction over Amerisink in that at all times pertinent
hereto, upon information and belief, Amerisink has systematic activities in this Judicial
District and has and/or is committing infringing acts in Wisconsin and this District. More
specifically, upon information and belief, Amerisink has offered for sale and sold stainless
steel sinks, including the accused infringing sinks, in this Judicial District. In addition, Kohler
has previously sued Amerisink for patent infringement in this District. See Kohler Co. v.
Amerisink, Inc., Case No. 2:11-cv-00921-WEC (E.D. Wis.). Prior to the dismissal of the
litigation, the parties stipulated to and the Court entered a consent decree permanently
enjoining Amerisink from infringing certain of Kohlers other patents. Id. at Dkt. No. 26.
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 Amerisink is subject to personal jurisdiction in this
District, due at least to Amerisinks 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.
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8. Today, in that same spirit of innovation and invention, Kohler has grown
worldwide to be synonymous with quality and originality.
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, toilets,
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.
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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.
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.
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.
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
Apron-Front Design Patents-in-Suit.
19. Kohler is also the assignee and owner of United States Design Patent Nos.
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D635,228 (the 228 patent) and RE45,624 (the 624 patent), which are patents that cover
other original and unique sink designs.
20. The 228 patent, entitled Sink, was duly and legally issued by the United
States Patent and Trademark Office on March 29, 2011, from Application Serial No.
29/367,303, filed on August 5, 2010, which is a Division tracing priority back to Application
Serial No. 29/336,324, filed on April 30, 2009. A true and correct copy of the 228 patent is
attached hereto as Exhibit E.
21. The 624 patent, entitled Sink, was duly and legally issued by the United
States Patent and Trademark Office on July 28, 2015, from Application Serial No. 29/421,144,
filed on May 17, 2012, which is a Reissue of United States Design Patent No. D627,864, issued
on November 23, 2010 and tracing priority back to Application Serial No. 29/336,324, filed on
April 30, 2009. A true and correct copy of the 624 patent is attached hereto as Exhibit F.
KOHLERS NOVEL AND DISTINCTIVE SINK DESIGNS

ARE PROTECTED BY THE PATENTS-IN-SUIT
22. 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
novel and distinctive designs embodied in the Apron-Front Design Patents-in-Suit. At least
Kohlers Vault, Strive, and Whitehaven lines of apron-front sinks are embodiments of
the 487 patent and the Apron-Front Design Patents-in-Suit.
23. 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.
24. 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
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Kohler.
25. Similarly, after significant engineering and development expense, Kohler
introduced sinks having the novel and distinctive designs embodied in the 624 and 228
patents. For example, Kohlers StaccatoTM Top-Mount Double-Equal Bowl Kitchen Sink and
StaccatoTM Under-Mount Double-Equal Bowl Kitchen Sink are embodiments of the 624 and
228 patents.
26. Kohler has extensively promoted both the StaccatoTM Top-Mount Double-Equal
Bowl Kitchen Sink and StaccatoTM Under-Mount Double-Equal Bowl Kitchen Sink, and as a
result of their unique and distinctive designs, these particular sinks have become successful
commercial products for Kohler.
AMERISINKS INFRINGING ACTS
27. Kohler owns the exclusive right, title, and interest in and to the inventions
claimed in the patents-in-suit.
28. Notwithstanding Kohlers rights, Amerisink, without permission or
authorization, is importing, manufacturing, offering for sale, and/or selling certain sinks,
including the Single Bowl Apron Legend Stainless Steel Kitchen Sink, Double Bowl Apron
Legend Stainless Steel Kitchen Sink, and sinks marketed under AS349, AS350, and AS350R
model numbers (and any other similarly configured products (collectively, the Infringing
Apron-Front Sinks)), which infringe at least one claim of the 487 patent and the Apron-Front
Design Patents-in-Suit. A true and correct copy of a representative Infringing Apron-Front
Sinks specification is attached hereto as Exhibit G.
29. In addition, Amerisink, without Kohlers permission or authorization, has
imported, manufactured, offered for sale, and/or sold certain sinks, namely the Trend
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Undermount Stainless Steel Sink, and sinks marketed under AS129 model number (and any
other similarly configured products (collectively, Infringing Sinks)). Just as with the
Infringing Apron-Front Sinks, these Infringing Sinks are inferior quality, deeply discounted,
imitations of Kohlers sink designs protected by the patents-in-suit. A true and correct copy of
a representative Infringing Sinks specification is attached hereto as Exhibit H.
30. Amerisink has a history of attempting to knock-off Kohlers sink designs, which
previously resulted in litigation between the parties. See Kohler Co. v. Amerisink, Inc., Case
No. 2:11-cv-00921-WEC (E.D. Wis.). Prior to the dismissal of the litigation, the parties
stipulated to and the Court entered a consent decree permanently enjoining Amerisink from
infringing certain of Kohlers other patents. Id. at Dkt. No. 26.
31. Kohler is informed and believes that Amerisink continues to import,
manufacture, offer for sale, and/or sell the Infringing Apron-Front Sinks and continues to
deliberately and willfully infringe the patents-in-suit in violation of Kohlers rights.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 9,173,487
32. Kohler repeats and realleges each and every allegation contained in paragraphs 1-
31, inclusive, as though fully set forth herein.
33. The 487 patent is valid and enforceable.
34. 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 Amerisinks infringement.
35. Without permission or authorization from Kohler and in violation of 35 U.S.C.
271(a), Amerisink is importing, manufacturing, selling, offering for sale, and/or using in this
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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).
36. 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 Nos.
1-2 below.
37. The Infringing Apron-Front Sinks have a rim that forms a continuous surface. See
Annotated Illustration No. 1 below.
Annotated Illustration No. 1. (Exhibit I, Legend Apron Stainless Steel Sink AS350 Specification
(unannotated).)
38. The rim of the Infringing Apron-Front Sinks is configured to be mounted adjacent
an underside of a horizontal countertop. See Annotated Illustration No. 2 below.
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Annotated Illustration No. 2. (Ex. I, Legend Apron Stainless Steel Sink AS350 Specification.)
39. The Infringing Apron-Front Sinks have an apron-front. See Annotated Illustration
No. 3 below.
40. The Infringing Apron-Front Sinks have one or more basins. See Annotated
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Illustration No. 4 below.
41. 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. 4 below.
42. The Infringing Apron-Front Sinks have an apron-front that extends outwardly past
the outermost periphery of the rim. See Annotated Illustration No. 5 below.
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43. 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. 6 below.
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44. The Infringing Apron-Front Sinks have a top flange. See Annotated Illustration
No. 7 below.
45. The Infringing Apron-Front Sinks have a bottom flange. See Annotated
Illustration No. 7 below.
46. The rim of the Infringing Apron-Front sinks is supported by the cabinet. See
Annotated Illustration No. 8 below.
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47. Amerisinks infringement of the 487 patent has been and continues to be willful
and deliberate.
48. Amerisinks 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 Amerisink is enjoined from infringing the 487 patent.
COUNT II
INFRINGEMENT OF U.S. DESIGN PATENT NO. D633,389
51. 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 Amerisinks infringement.
52. Without permission or authorization from Kohler, Amerisink has imported,
manufactured, offered for sale, and/or sold and continues to import, manufacture, offer for sale,
and/or sell including, without limitation, the Infringing Apron-Front Sinks which infringe the
389 patent.
53. The following is a graphic from the Amerisink Specification for the Legend
Apron Stainless Steel Sink Model(s) AS350R:
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(Ex. G, Amerisink Specifications.) This graphic from the Amerisink Specification for the Legend
Apron Stainless Steel Sink Model(s) AS350R is representative of the Infringing Apron-Front
Sinks designs.
54. Figure 1 from the 389 patent illustrates the claimed ornamental design for a sink:
55. Amerisinks Infringing Apron-Front Sinks contain each and every aspect of the
claimed design in the 389 patent.
56. Amerisinks Infringing Apron-Front Sinks have an overall appearance that is
confusingly similar to the claimed design in the 389 patent.
substantially the same as the claimed design in the 389 patent.
58. Amerisinks infringement of the 389 patent has been and continues to be willful.
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COUNT III
62. Kohler is the owner of all right, title, and interest in and to the designs covered by
300 patent.
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Sinks designs.
65. Figure 1 from the 300 patent illustrates one of the claimed ornamental designs
for a sink:
claimed designs in the 300 patent.
confusingly similar to the claimed designs in the 300 patent.
substantially the same as the claimed designs in the 300 patent.
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COUNT IV
367 patent.
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Sinks designs.
for a sink:
claimed designs in the 367 patent.
confusingly similar to the claimed designs in the 367 patent.
substantially the same as the claimed designs in the 367 patent.
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COUNT V
INFRINGEMENT OF U.S. DESIGN PATENT RE45,624
manufactured, offered for sale, and/or sold including, without limitation, the Trend Undermount
Stainless Steel Sink AS129, which infringes the 624 patent.
86. The following is a graphic from the Amerisink Specification for the Trend
Undermount Stainless Steel Sink AS129:
(Ex. H, Amerisink Specifications.) This graphic from the Amerisink Specification for the Trend
Undermount Stainless Steel Sink AS129 is representative of the Infringing Sinks designs.
for a sink:
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88. Amerisinks Infringing Sinks contain each and every aspect of the claimed
designs in the 624 patent.
89. Amerisinks Infringing Sinks have an overall appearance that is confusingly
similar to the claimed designs in the 624 patent.
90. Amerisinks Infringing Sinks have an overall appearance that is substantially the
same as the claimed designs in the 624 patent.
91. Amerisinks infringement of the 624 patent has been willful.
COUNT VI
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manufactured, offered for sale, and/or sold including, without limitation, the Trend Undermount
Stainless Steel Sink AS129, which infringes the 228 patent.
96. The following is a graphic from the Amerisink Specification for the Trend
Undermount Stainless Steel Sink AS129:
(Ex. H, Amerisink Specifications.) This graphic from the Amerisink Specification for the Trend
Undermount Stainless Steel Sink AS129 is representative of the Infringing Sinks designs.
for a sink:
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98. Amerisinks Infringing Sinks contain each and every aspect of the claimed
designs in the 228 patent.
99. Amerisinks Infringing Sinks have an overall appearance that is confusingly
similar to the claimed designs in the 228 patent.
100. Amerisinks Infringing Sinks have an overall appearance that is substantially the
same as the claimed designs in the 228 patent.
101. Amerisinks infringement of the 228 patent has been willful.
PRAYER FOR RELIEF
Wherefore, Kohler respectfully prays for entry of a judgment and relief as follows:
A. For a judgment that Amerisink has infringed the 487, 389, 300, 367, 228, and
624 patents;
B. For a preliminary and permanent injunction enjoining Amerisink 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, 367, 228, and 624 patents;
C. For a judgment and award that Amerisink account for and pay to Kohler
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damages adequate to compensate for Amerisinks infringement of the 487, 389, 300, 367,
228, and 624 patents, including lost profits but in no event less than a reasonable royalty;
D. For a judgment and award of Amerisinks 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, 300,367, 228, and 624 patents
until entry of final judgment with an accounting as needed;
F. For a finding that Amerisinks infringement is willful and an award of increased
damages for willful infringement pursuant to 35 U.S.C. 284;
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 Amerisink;
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.
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Dated: April 21, 2017 FOLEY & LARDNER LLP
By: s/ Kadie M. Jelenchick

Jeffrey N. Costakos, WI Bar No. 1008225
Kadie M. Jelenchick, WI Bar No. 1056506
Matthew W. Peters, WI Bar No. 1104803
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: mpeters@foley.com
Attorneys for Plaintiff Kohler Co.
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EXHIBIT A
Case 2:17-cv-00573-NJ Filed 04/21/17 Page 1 of 28 Document 1-1

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

USO0D635228S
(12) United States Design Patent (10) Patent N0.: US D635,228 S

Eilmus et al. (45) Date of Patent: *9: Mar. 29, 2011
(54) SINK Kohler Co. Langlade Smart Divide Kitchen Sink. Model No.
K-6626. Kohler Co. catalog.
(75) Inventors: Niels J. Eilmus, Sheboygan, WI (US); Kohler Co. Poise Double Equal Undercouner Kitchen Sink. Model
No. K-3159. Kohler Co. online catalog. Copyright 2009 Kohler Co.
Terrence K. Mahon, White?sh Bay, WI Kohler Co. Entertainer Entertainment Sink. Model No. K-6558.
(US); Mary Reid, Sheboygan, WI (US) Kohler Co. catalog.
Notice of Allowance, dated Aug. 9, 2010 for US. Appl. No.
(73) Assignee: Kohler C0., Kohler, WI (US) 29/336,324.
(**) Term: 14 Years * cited by examiner
(21) App1.No.: 29/367,303 Primary Examiner * Robert A Delehanty

(74) Attorney, Agent, or Firm * Quarles & Brady LLP
(22) Filed: Aug. 5, 2010 (57) CLAIM
The ornamental design for a sink, as shoWn and described.
Related US. Application Data
DESCRIPTION
(62) Division of application No. 29/336,324, ?led on Apr.
30, 2009, noW Pat. No. Des. 627,864. FIG. 1 is a right, top, front perspective vieW of a sink accord
(51) LOC (9) Cl. ................................................ .. 23-01 ing to our neW design;
(52) US. Cl. .................................................... .. D23/290 FIG. 2 is a top plan vieW thereof;
(58) Field of Classi?cation Search ............... .. D23/290, FIG. 3 is a front elevational vieW thereof;
D23/308; 4/639 FIG. 4 is a right side elevational vieW thereof, the left side
See application ?le for complete search history. elevational vieW thereof being a mirror image of the right side
shoWn;
(56) References Cited FIG. 5 is a rear elevational vieW thereof; and,
FIG. 6 is a bottom plan vieW thereof.
U.S. PATENT DOCUMENTS The broken line representations in the ?gures are for the
D353,880 S * 12/1994 Hauser, II .................. .. D23/290 purpose of illustration only, and form no part of the claimed
D464,125 S * 10/2002 Bayer et al. .. D23/290 design.
D610,659 S * 2/2010 Booth ........................ .. D23/290 In a preferred embodiment, the nature of this product is as a
OTHER PUBLICATIONS plumbing ?xture in the form of a sink Which is primarily
useful for Washing various items.
Kohler Co. Anthem Kitchen Sink. Model No. K-5840. Kohler Co.
catalog. 1 Claim, 4 Drawing Sheets

US. Patent Mar. 29, 2011 Sheet 1 014 US D635,228 S
I 1l

US. Patent Mar. 29, 2011 Sheet 2 of4 US D635,228 S
"l l'
l ml
I
lll
Illlo

FIG. 4
I Illu Elli l t'I hi! 'llll
FIG. 5

I .9 ow

EXHIBIT F

EXHIBIT G

AMERISINK
LEGEND
APRON STAINLESS STEEL SINK
Features
AS350R
31.25" x 20.125" x 9"
18 gauge, 304 stainless steel
Apron sink
Handcrafted
Side drain
Easy-to-clean, brushed finish
Spray insulated undercoating & sound pads
Limited lifetime warranty
OPTIONAL ACCESSORY:
N/A
CODES:
N/A
Product Diagram
1-877-500-SINK (7465)
W EST COAST W AREHOUSE: 510-667-9998 EAST COAST W AREHOUSE: 404-691-5088
WWW
Case 2:17-cv-00573-NJ .AMERISINK
Filed .COM2 of 2 Document 1-7
04/21/17 Page
EXHIBIT H

AmeriSink
AmeriSink
TREND
UNDERMOUNT STAINLESS STEEL SINK
AS129
Features
32" x 18" x 9"
Smart divider
1 piece construction
18 gauge, 304 type series
stainless steel
Undermount
18/10 chrome/nickel content
Long-lasting, easy-to-clean,
brushed finish
Product Diagram
www.amerisink.com
877-500-7465
West Coast Warehouse: 510-667-9998 East Coast Warehouse: 404-691-5088

EXHIBIT I

AMERISINK
LEGEND
APRON STAINLESS STEEL SINK
Features
AS350
31.25" x 20.125" x 9"
18 gauge, 304 stainless steel
Apron sink
Handcrafted
Rear drain
Easy-to-clean, brushed finish
Spray insulated undercoating & sound pads
OPTIONAL ACCESSORY:
BG 350 Bottom Grids
CODES:
N/A
Product Diagram
1-877-500-SINK (7465)
W EST COAST W AREHOUSE: 510-667-9998 EAST COAST W AREHOUSE: 404-691-5088
WWW
Case 2:17-cv-00573-NJ .AMERISINK
Filed .COM2 of 2 Document 1-9
04/21/17 Page
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362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8. Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF 35 U.S.C. 271, et seq.
ACTION Brief description of cause:
Action for patent infringement under federal law
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. Monetary and injunctive relief JURY DEMAND: Yes No
VIII. RELATED CASE(S)

(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/21/2017 s/Kadie M. Jelenchick
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) 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.
(b) 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.)
(c) 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.

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District of Wisconsin
)
)
KOHLER CO. )
)
Plaintiff(s) )
v. ) Civil Action No. 2:17-cv-00573
)
)
AMERISINK, INC. )
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION

AMERISINK, INC.
To: (Defendants name and address)
835 FREMONT AVENUE
SAN LEANDRO, CA 94577
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you receive it) or 60 days if you are
the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P.
12(a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the
Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or the plaintiffs attorney, whose
name and address are: JEFFREY N. COSTAKOS
KADIE M. JELENCHICK
777 EAST WISCONSIN AVENUE
MILWAUKEE, WI 53202-5300
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
JON W. SANFILIPPO, CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 2:17-cv-00573
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons and the attached complaint for (name of individual and title, if any):
were received by me on (date) .
I personally served the summons and the attached complaint on the individual at (place):
on (date) ; or
I left the summons and the attached complaint at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
I served the summons and the attached complaint on (name of individual)
who is designated by law to accept service of process on behalf of (name of organization)

on (date) ; or
I returned the summons unexecuted because ; or
Other (specify):
My fees are $ for travel and $ for services, for a total of $ 0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc.:
Print Case 2:17-cv-00573-NJ

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Kohler Co. v. Amerisink Inc. - Complaint

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Kohler Co. v. Amerisink Inc. - Complaint

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN

(Amerisink), alleges to the Court as follows:

2. Kohler is informed and believes that Defendant Amerisink is a corporation

business located at 835 Fremont Avenue, San Leandro, California 94577.

3. This is an action for patent infringement arising out of Amerisinks unauthorized

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 1 of 24 Document 1

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

KOHLER HAS A HISTORY OF INNOVATION

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

plows and farm implements in Sheboygan, Wisconsin.

plumbing products manufactured by Kohler.

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 2 of 24 Document 1

worldwide to be synonymous with quality and originality.

KOHLER IS A MARKET LEADER

brands continually set new standards in design, craftsmanship, and innovation.

television, magazines, and newspapers.

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

13. Kohler currently owns thousands of patents worldwide on innovations in the

kitchen and bath industry.

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 3 of 24 Document 1

attached hereto as Exhibit A.

of the 389 patent is attached hereto as Exhibit B.

Apron-Front Design Patents-in-Suit.

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 4 of 24 Document 1

other original and unique sink designs.

attached hereto as Exhibit E.

KOHLERS NOVEL AND DISTINCTIVE SINK DESIGNS

the 487 patent and the Apron-Front Design Patents-in-Suit.

numerous other media outlets.

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 5 of 24 Document 1

25. Similarly, after significant engineering and development expense, Kohler

commercial products for Kohler.

AMERISINKS INFRINGING ACTS

claimed in the patents-in-suit.

28. Notwithstanding Kohlers rights, Amerisink, without permission or

Design Patents-in-Suit. A true and correct copy of a representative Infringing Apron-Front

Sinks specification is attached hereto as Exhibit G.

29. In addition, Amerisink, without Kohlers permission or authorization, has

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 6 of 24 Document 1

a representative Infringing Sinks specification is attached hereto as Exhibit H.

infringing certain of Kohlers other patents. Id. at Dkt. No. 26.

31. Kohler is informed and believes that Amerisink continues to import,

deliberately and willfully infringe the patents-in-suit in violation of Kohlers rights.

INFRINGEMENT OF U.S. PATENT NO. 9,173,487

31, inclusive, as though fully set forth herein.

33. The 487 patent is valid and enforceable.

for Amerisinks infringement.

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

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 7 of 24 Document 1

(the Asserted Claims).

Annotated Illustration No. 1 below.

an underside of a horizontal countertop. See Annotated Illustration No. 2 below.

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 8 of 24 Document 1

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 9 of 24 Document 1

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 10 of 24 Document 1

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 11 of 24 Document 1

Illustration No. 7 below.

Annotated Illustration No. 8 below.

Case 2:17-cv-00573-NJ Filed 04/21/17 Page 12 of 24 Document 1

until Amerisink is enjoined from infringing the 487 patent.

INFRINGEMENT OF U.S. DESIGN PATENT NO. D633,389

48, inclusive, as though fully set forth herein.

50. The 389 patent is valid and enforceable.