Case: 3:17-cv-00745-jdp Document #: 1 Filed: 09/28/17 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN

GAMBER-JOHNSON, LLC,

Plaintiff, Case No. 17-cv-745

v.
JURY TRIAL DEMANDED
PREMIER MOUNTING SOLUTIONS, LLC,

Defendant.

COMPLAINT

Plaintiff Gamber-Johnson, LLC (Gamber-Johnson) complains against Defendant

Premier Mounting Solutions, LLC (Premier) as follows.

A. Nature of the Case

1. Gamber-Johnson designs and sells innovative center consoles for use in cars and

trucks, an example of which is below:

Gamber-Johnsons center consoles are designed to house a variety of computer equipment,

communications equipment, and other electronics. As a result of the innovative design of the
 Case: 3:17-cv-00745-jdp Document #: 1 Filed: 09/28/17 Page 2 of 11

subject center console, Gamber-Johnson has been awarded the three patents at issue in this case:

U.S. Design Patent Nos. D710,784 (the 784 patent), D742,299 (the 299 patent), and

D755,709 (the 709 patent). Each asserted patent teaches a novel ornamental design for a

center console.

2. Premier also sells center consoles and competes with Gamber-Johnson. Premier,

however, has gone beyond lawful competition and is infringing the three Gamber-Johnson

patents at issue in this case. In particular, Premier is selling two specific center console units that

infringe the asserted patents the CB-2SIN-S and the original version of the CB-3DUR.

3. On January 7, 2015, Gamber-Johnson notified Premier that it was infringing

Gamber-Johnsons patents. Premier responded by agreeing to change the design of its two

center console units - the CB-2SIN-S and the CB-3DUR - and to remove all references to these

infringing units from its marketing and media materials. Contrary to this agreement, however,

Premier continues to market its two infringing console units. Moreover, Premier has ignored

Gamber-Johnsons repeated notices of Premiers continued infringement, leaving Gamber-

Johnson with no choice but to bring this patent infringement suit.

B. The Parties

4. Gamber-Johnson is a limited liability company duly organized and existing under

the laws of the State of Wisconsin. Gamber-Johnson has its principal place of business at 3001

Borham Avenue, Stevens Point, Wisconsin.

5. On information and belief, Premier is a limited liability company duly organized

and existing under the laws of the State of Wisconsin. On information and belief, Premier has its

principal place of business at 2210 Heldt Street, Merrill, Wisconsin.

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C. Jurisdiction and Venue

6. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has exclusive subject matter jurisdiction over this case for patent

infringement under 28 U.S.C. 1331 and 1338(a).

7. This Court has personal jurisdiction over Premier pursuant to 801.05(1)(c)-(d)

of the Wisconsin Statutes, which provides jurisdiction over Wisconsin corporations and limited

liability companies and over defendants engaged in substantial and not isolated activities within

Wisconsin. On information and belief, Premier is a Wisconsin company with its principal place

of business in the Western District of Wisconsin, including making, using, offering for sale, and

selling the center console products accused of infringing the asserted patents in this action.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b)

because Premier is a Wisconsin limited liability company with a principal place of business

within this judicial district, because Premier regularly conducts business in this judicial district,

and because Premier has committed acts giving rise to this suit within this judicial district.

D. Background

9. Law enforcement, public safety, emergency response, telecommunications, utility,

and military vehicles are often equipped with computer and communications equipment

configured to rest on specially designed mounts and center consoles near the operator of the

vehicle. Gamber-Johnson has been designing innovative vehicle mounts, center consoles, and

related in-vehicle products since at least 1976. Gamber-Johnson has been awarded more than 25

patents for its innovative vehicle mounts and center consoles, including the patents at issue in

this case.

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10. The 784 patent is entitled Center Console and was duly and legally issued by

the United States Patent and Trademark Office on August 12, 2014. A true and correct copy of

the 784 patent is attached to this Complaint as Exhibit A. The 784 patent remains valid and in

force.

11. Gamber-Johnson is the sole owner of the 784 patent. As the owner of the 784

patent, Gamber-Johnson is authorized and has standing to bring legal action to enforce all rights

arising from the 784 patent.

12. The 784 patent includes five figures that depict the claimed ornamental design

for a center console, highlighting, among other things, aspects of a top surface profile of the

center console.

13. The 299 patent is entitled Center Console and was duly and legally issued by

the United States Patent and Trademark Office on November 3, 2015. A true and correct copy of

the 299 patent is attached to this Complaint as Exhibit B. The 299 patent remains valid and in

force.

14. Gamber-Johnson is the sole owner of the 299 patent. As the owner of the 299

patent, Gamber-Johnson is authorized and has standing to bring legal action to enforce all rights

arising from the 299 patent.

15. The 299 patent includes seven figures that depict the claimed ornamental design

for a center console, highlighting, among other things, aspects of a top surface profile of the

center console.

16. The 709 patent is entitled Center Console and was duly and legally issued by

the United States Patent and Trademark Office on May 10, 2016. A true and correct copy of the

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709 patent is attached to this Complaint as Exhibit C. The 709 patent remains valid and in

force.

17. Gamber-Johnson is the sole owner of the 709 patent. As the owner of the 709

patent, Gamber-Johnson is authorized and has standing to bring legal action to enforce all rights

arising from the 709 patent.

18. The 709 patent includes seven figures that depict the claimed ornamental design

for a center console, highlighting, among other things, aspects of a top surface profile of the

center console.

19. Gamber-Johnson sells center console products that embody the 784, 299, and

709 patents. Gamber-Johnson has marked products with the 784 patent number in accordance

with 35 U.S.C. 287(a).

20. Premier makes, uses, offers for sale, and sells center console products within the

United States of America in competition with Gamber-Johnson, including products identified as

CB-2SIN-S and CB-3DUR.

21. Premier has had actual knowledge of the 784 patent since at least January 7,

2015, when Gamber-Johnsons counsel sent a letter to Premier requesting that Premier stop

infringing the 784 patent by making, using, offering to sell, or selling its console box identified

by Premier product number CB-2SIN-S in the United States. A true and correct copy of

Gamber-Johnsons January 7, 2015, letter is attached to this Complaint as Exhibit D.

22. Gamber-Johnsons counsel sent a follow-up letter on February 11, 2015,

reiterating its assertion that Premiers product number CB-2SIN-S infringes the 784 patent, and

further identifying Premiers center console product number CB-3DUR as also infringing the

784 patent. Gamber-Johnsons February 2015 letter included an infringement analysis and

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requested that Premier cease manufacturing and selling the CB-2SIN-S product and the original

CB-3DUR product. A true and correct copy of Gamber-Johnsons letter dated February 11,

2015, is attached to this Complaint as Exhibit E.

23. Premier responded to Gamber-Johnsons letters on March 26, 2015, with an e-

mail sent by Mr. Jim VanDerGeest to counsel for Gamber-Johnson claiming that Premier had

modified the accused CB-2SIN-S and CB-3DUR products to avoid infringement and that he had

instructed marketing to make sure all material is changed in this respect immediately.

Premiers e-mail included design drawings of the allegedly modified products, identified as CB-

2SDN-S and CB-3DUR. A true and correct copy of Premiers e-mail of March 26, 2015, with

attachments, is attached to this Complaint as Exhibit F.

24. Despite Premiers representation that it would modify the accused center console

products and change its marketing materials, in or about January 2017, Gamber-Johnson learned

that Premier was continuing to advertise the accused CB-2SIN-S and original CB-3DUR

products. Gamber-Johnsons counsel sent an additional letter to Premier on February 8, 2017,

specifically identifying the marketing materials advertising the accused products. After

receiving no response, Gamber-Johnsons counsel sent a letter to Premier on February 23 and an

additional letter on March 23 identifying Premiers ongoing infringement. A true and correct

copy of Gamber-Johnsons letter dated February 8, 2017, is attached to this Complaint as Exhibit

G. A true and correct copy of Gamber-Johnsons e-mail of February 23, 2017 (excluding

attachments, which are included in Exhibit G) is attached to this Complaint as Exhibit H. A true

and correct copy of Gamber-Johnsons letter dated March 23, 2017, is attached to this Complaint

as Exhibit I.

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25. To date, Premier has failed to respond to any of the letters identified at paragraph

24. Premier continues to offer the infringing CB-2SIN-S and original CB-3DUR center console

products for sale in the United States through Premiers online product catalogs.

COUNT I

INFRINGEMENT OF U.S. DESIGN PATENT NO. D710,784

26. Gamber-Johnson realleges and incorporates all previous allegations of the

foregoing paragraphs as though fully set forth here.

27. Without authority from Gamber-Johnson, Premier has infringed and continues to

infringe the 784 patent in violation of 35 U.S.C. 271, literally and under the doctrine of

equivalents, at least by offering for sale within the United States infringing center console

products, including but not limited to, the Premier CB-2SIN-S product and the original CB-

3DUR product.

28. The designs of Premiers infringing center consoles, including the CB-2SIN-S

and original CB-3DUR products, so resemble the design claimed in the 784 patent that an

ordinary observer familiar with the prior art is likely to confuse Premiers CB-2SIN-S and

original CB-3DUR center console products with Gamber-Johnsons patented design claimed in

the 784 patent.

29. As a result of Premiers infringement of the 784 patent, Gamber-Johnson has

suffered and will continue to suffer irreparable harm and monetary damages in an amount to be

determined at trial.

30. On information and belief, Premiers acts infringing the 784 patent will continue

after service of this complaint unless enjoined by the Court. Thus, unless Premier is enjoined

from continuing to infringe the 784 patent, Gamber-Johnson will suffer additional irreparable

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 Case: 3:17-cv-00745-jdp Document #: 1 Filed: 09/28/17 Page 8 of 11

harm that cannot be compensated adequately through a monetary award. Gamber-Johnson is

therefore entitled to a permanent injunction against further infringement.

31. Premier has had actual knowledge of the 784 patent since at least January 7,

2015. On information and belief, Premiers continued infringement of the 784 patent

constitutes willful infringement.

COUNT II

INFRINGEMENT OF U.S. DESIGN PATENT NO. D742,299

32. Gamber-Johnson incorporates the allegations of Paragraphs 1-31 of this

Complaint into this Count II as if fully set forth here.

33. Without authority from Gamber-Johnson, Premier has infringed and continues to

infringe the 299 patent in violation of 35 U.S.C. 271, literally and under the doctrine of

equivalents, at least by offering for sale within the United States infringing center console

products, including but not limited to, the Premier CB-2SIN-S product and the original CB-

3DUR product.

34. The designs of Premiers infringing center consoles, including the CB-2SIN-S

and original CB-3DUR products, so resemble the design claimed in the 299 patent that an

ordinary observer familiar with the prior art is likely to confuse Premiers CB-2SIN-S and

original CB-3DUR center console products with Gamber-Johnsons patented design claimed in

the 299 patent.

35. As a result of Premiers infringement of the 299 patent, Gamber-Johnson has

suffered and will continue to suffer irreparable harm and monetary damages in an amount to be

determined at trial.

36. On information and belief, Premiers acts infringing the 299 patent will continue

after service of this complaint unless enjoined by the Court. Thus, unless Premier is enjoined

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 Case: 3:17-cv-00745-jdp Document #: 1 Filed: 09/28/17 Page 9 of 11

from continuing to infringe the 299 patent, Gamber-Johnson will suffer additional irreparable

harm that cannot be compensated adequately through a monetary award. Gamber-Johnson is

therefore entitled to a permanent injunction against further infringement.

COUNT III

INFRINGEMENT OF U.S. DESIGN PATENT NO. D755,709

37. Gamber-Johnson incorporates the allegations of Paragraphs 1-36 of this

Complaint into this Count III as if fully set forth here.

38. Without authority from Gamber-Johnson, Premier has infringed and continues to

infringe the 709 patent in violation of 35 U.S.C. 271, literally and under the doctrine of

equivalents, at least by offering for sale within the United States infringing center console

products, including but not limited to, the Premier CB-2SIN-S product and the original CB-

3DUR product.

39. The designs of Premiers infringing center consoles, including the CB-2SIN-S

and original CB-3DUR products, so resemble the design claimed in the 709 patent that an

ordinary observer familiar with the prior art is likely to confuse Premiers CB-2SIN-S and

original CB-3DUR center console products with Gamber-Johnsons patented design claimed in

the 709 patent.

40. As a result of Premiers infringement of the 709 patent, Gamber-Johnson has

suffered and will continue to suffer irreparable harm and monetary damages in an amount to be

determined at trial.

41. On information and belief, Premiers acts infringing the 709 patent will continue

after service of this complaint unless enjoined by the Court. Thus, unless Premier is enjoined

from continuing to infringe the 709 patent, Gamber-Johnson will suffer additional irreparable

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 Case: 3:17-cv-00745-jdp Document #: 1 Filed: 09/28/17 Page 10 of 11

harm that cannot be compensated adequately through a monetary award. Gamber-Johnson is

therefore entitled to a permanent injunction against further infringement.

PRAYER FOR RELIEF

WHEREFORE, Gamber-Johnson respectfully requests that the Court enter judgment in

favor of Gamber-Johnson and against Premier, granting the following relief:

A. judgment that Premier has infringed the 784 patent, the 299 patent, and the 709

patent in violation of 35 U.S.C. 271;

B. an award of damages adequate to compensate Gamber-Johnson for Premiers

patent infringement and no less than the damages provided by 35 U.S.C. 284 and 289;

C. judgment that Premiers infringement has been willful and an award of enhanced

damages under 35 U.S.C. 284;

D. an award of attorneys fees pursuant to 35 U.S.C. 285;

E. a preliminary and permanent injunction pursuant to 35 U.S.C. 283 to prevent

Premier, its officers, agents, servants, employees, successors, assignees, parents, subsidiaries,

affiliated or related companies, attorneys, and all others in active concert or participation with

any of them who receive notice of this injunction from further infringing the 784 patent, the

299 patent, or the 709 patent;

F. an order directing Premier to remove from all websites it owns or controls,

directly or indirectly, including all online catalogs and advertisements, and to remove from all

other forms of marketing or advertisement, any reference to Premiers CB-2SIN-S product and

Premiers original CB-3DUR product.

G. judgment requiring Premier to pay pre-judgment interest, post-judgment interest,

and all costs associated with this action; and

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 Case: 3:17-cv-00745-jdp Document #: 1 Filed: 09/28/17 Page 11 of 11

H. such other and further relief as the Court deems just and equitable.

JURY DEMAND

Gamber-Johnson demands a trial by jury on all matters and issues properly tried to a jury

pursuant to Federal Rules of Civil Procedure 38 and 39, and other applicable federal and state

law.

Dated: September 28, 2017. Respectfully submitted,

MICHAEL BEST & FRIEDRICH LLP

By: /s/ Kenneth M. Albridge III

Arthur Gollwitzer, SBN 1023053
MICHAEL BEST & FRIEDRICH LLP
2801 Via Fortuna, Suite 300
Austin, TX 78746
Tel. 512.640.3161
Fax. 512.640.6170
agollwitzer@michaelbest.com

Kenneth M. Albridge III, SBN 1078384

MICHAEL BEST & FRIEDRICH LLP
One South Pinckney Street, Suite 700
Madison, WI 53703
Tel. 608.257.3501
Fax. 608.283.2275
kmalbridge@michaelbest.com

Attorneys for Plaintiff

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Exhibit A
 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 2 of 8
US00D710784S

(12) United States Design Patent do Patent No.: US D710,784 S

Williams (45) Date of Patent: : Aug. 12, 2014
(54) CENTER CONSOLE D429,684 S + 8/2000 Johnson ....................... D12/415
D434,365 S + 1 1/2000 Herer et al. .................. D12/415
---- - D437,299 S 2/2001 John
(75) Inventor: Steve Williams, Stevens Point, WI (US) D453,318 S + 2/2002 ------------------------- D12/415
- 6,388,881 B2 5/2002 Yamauchi et al.
(73) Assignee: L&P Property Management 6,428,072 B1 8/2002 Moore
Company, South Gate, CA (US) 6,616,206 B2 9/2003 Luginbill et al.
D500,284 S + 12/2004 Clark ........................... D12/415
(**) Term: 14 Years 7,210,725 B2 5/2007 Moore
7,237,816 B1 7/2007 Singh et al.
D568,232 S 5/2008 Motozaki et al.
(21) Appl. No. 29/406,818 7,506,843 B2 3/2009 McKelvey
(22) Filed: Nov. 18, 2011 (Continued)
(51) LOC (10) Cl. ................................................ 1216 OTHER PUBLICATIONS
(52) U.S. CI. Office Action from the Canadian Intellectual Property Office for
USPC ... D12/415 Application No. 143540 dated Apr. 4, 2012 (2 pages)
(58) Field of Classification Search pp . pr. 4, pages).
USPC ............ D12/415419, 96, 400, 195, 345, 99, (Continued)
D12/191, 106; 312/246; 296/37.137.8, 70,
296/24.1, 24.2, 24.3, 137.1, 97.1, 97.2, Primary Examiner Katrina A Betton
296/97.4, 97.5, 97.6, 97.7, 1; 224/311, 539, (74) Attorney, Agent, or Firm Michael Best & Friedrich
224/281, 118.1, 275; D8/354; LLP
D14/451452; 248/278.1, 274.1,
248/284.1; D9/423; D3/319; 160/370.21, (57) CLAIM
160/370.23, 370.22 I claim the ornamental design for a center console, as shown.
See application file for complete search history.
DESCRIPTION
(56) References Cited
FIG. 1 is a perspective view of a first embodiment of a center
|U.S. PATENT DOCUMENTS console.
FIG. 2 is a rear view of the center console shown in FIG. 1.
D218,438 S 8/1970 Shook FIG. 3 is a right side view of the center console shown in FIG.
D233,428 S + 10/1974 Hestand ....................... D12/415 1.
D249,262 S + 9/1978 Neece .......................... D12/415
D279,329 S * 6/1985 Dzak ............................ D12/415 FIG. 4 is a left side view of the center console shown in FIG.
4,690,448 A 9/1987 Fujisawa 1; and,
4,796,791 A 1/1989 Goss et al. FIG. 5 is a top view of the center console shown in FIG. 1.
4,818,008 A 4/1989 Cressoni In the drawings, the broken lines in depict portions of the
5,085,481 A 2/1992 Fluharty et al.
D363,916 S + 1 1/1995 Johnson ....................... D12/415 article that form no part of the claimed design.
5,609,382 A 3/1997 Schmid et al.
D429,209 S 8/2000 Inchaurregui 1 Claim, 5 Drawing Sheets
 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 3 of 8

US D710,784 S
Page 2

(56) References Cited OTHER PUBLICATIONS

|U.S. PATENT DOCUMENTS Havis part No. C-VS-0812-CHGR, Havis, Inc., known and acces
sible to the public at least prior to Nov. 18, 2010, retrieved from the
D632,639 S 2/2011 Rosenbohm Internet URLs: http://www.havis.com/data/1-Mounting/Consoles/
7,891,719 B2 2/2011 Carnevali C-VS9%20Series/C-VS-0812- CHGR/C-VS-0812-CHGR-1 ISO
7,914,059 B2 3/2011 Carnevali
D672,307 S * 12/2012 Von Holzhausen et al. . D12/415 2-10.jpg and http://www.havis.com/data/1-Mounting/Consoles/C
2003/006.7183 A1 4/2003 Moore VS9%20Series/C-VS-08 12-CHGR/C-VS-08 12-CHGR INST 3
2004/01693.87 A1 9/2004 Moore 11.pdf>, 5 pages.
2007/0216182 A1 9/2007 Moore Jotto part No. 425-6138, Jotto Desk, known and accessible to the
2010/0090489 A1 4/2010 Carnevali public at least prior to Nov. 18, 2010, retrieved from the Internet
2010/0090490 A1 4/2010 Carnevali <URL: http://www.customorderpolicespecialties.com/Jotto-Desk
2010/0282802 A1 1 1/2010 Carnevali Consoles/Jotto Desk Dodger Charger 425 6138>, 2 pages.
2010/0283277 A1 1 1/2010 Carnevali
2010/0283281 A1 1 1/2010 Carnevali * cited by examiner
 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 4 of 8

U.S. Patent Aug. 12, 2014 Sheet 1 of 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 5 of 8

U.S. Patent Aug. 12, 2014 Sheet 2 of 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 6 of 8

U.S. Patent Aug. 12, 2014 Sheet 3 of 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 7 of 8

U.S. Patent Aug. 12, 2014 Sheet 4 of 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-1 Filed: 09/28/17 Page 8 of 8

U.S. Patent Aug. 12, 2014 Sheet 5 of 5 US D710,784 S

Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 1 of 9

Exhibit B
 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 2 of 9
US00D7422.99$

(12) United States Design Patent do Patent No.: US D742.299 S

Williams (45) Date of Patent: 3.3 Nov. 3, 2015
(54) CENTER CONSOLE D363,916 S 11/1995 Johnson
5,609,382 A 3/1997 Schmid et al.
(71) Applicant: L&P Property Management #: :*
Company, South Gate, CA (US) D434,365 S 11/2000 Herer et al.
---- - D437,299 S 2/2001 Johnson
(72) Inventor: Steve Williams, Stevens Point, WI (US) (Continued)
(73) Assignee: L&P Property Management OTHER PUBLICATIONS
Company, South Gate, CA (US)
Havis partno. C-VS-0812-CHGR, Havis, Inc., known and accessible
(**) Term: 14 Years to the public at least prior to Nov. 18, 2010, retrieved from the Internet
<URLS: http://www.havis.com/data/1-Mounting/Consoles/C
(21) Appl. No. 29/495,077 VS9%20Series/C-VS-0812- CHGR/C-VS-08 12-CHGR-1 ISO 2
10.jpg and http://www.havis.com/data/1-Mounting/Consoles/C
(22) Filed: Jun. 26, 2014 VS9%20Series/CVS-08 12-CHGR/C-VS-0812-CHGR INST 3
11.pdf>, 5 pages.
Related U.S. Application Data (Continued)
(62) Division of application No. 29/406,818, filed on Nov.
18, 2011, now Pat. No. Des. 710,784. Primary Examiner Katrina A Betton
(51) LOC (10) Cl. ................................................ 1216 (74) Attorney, Agent, or Firm Michael Best & Friedrich
(52) U.S. CI. LLP
USPC ... D12/415
(58) Field of Classification Search (57) CLAIM
USPC ........ 312/246; 296/37.137.8, 70, 24.124.3, I claim the ornamental design for a center console, as shown.
296/24.34, 97.197.8: 224/311, 539, 281,
224/118.1; 160/370.21370.23 DESCRIPTION
CPC .................................... B60R 7/04; B60R 7/08
See application file for complete search history. FIG. 1 is a perspective view of a center console.
e FIG. 2 is a rear view of the center console shown in FIG. 1.
(56) References Cited FIG. 3 is a front view of the center console shown in FIG. 1.
|U.S. PATENT DOCUMENTS FIG. 4 is a right side view of the center console shown in FIG.
D218,438 S 8/1970 Shook ho 5 is a left side view of the center console shown in FIG.
D233,428 S 10/1974 Hestand
D249,262 S 9/1978 Neece ho 6 is a top view of the center console shown in FIG. 1;
D279,329 S 6/1985 Dzak
4,690,448 A 9/1987 Fujisawa 7 is a bottom view of the center console shown in FIG.1.
4,796,791 A 1/1989 Goss et al.
4,818,008 A 4/1989 Cressoni
5,085,481 A 2/1992 Fluharty et al. 1 Claim, 6 Drawing Sheets
 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 3 of 9

US D742,299 S
Page 2

(56) References Cited 2007/0216182 A1 9/2007 Moore

2009/0058.120 A1* 3/2009 Ioka et al. .................. 296/24.34
|U.S. PATENT DOCUMENTS 2009/01 152.15 A1 * 5/2009 Abro et al. ................. 296/24.34
2010/0090.489 A1 4/2010 Carnevali
D453,318 2/2002 Moore 2010/0090490 A1 4/2010 Carnevali
6,388,881 5/2002 Yamauchi et al. 2010/0282802 A1 1 1/2010 Carnevali
6,428,072 8/2002 Moore 2010/0283277 A1 1 1/2010 Carnevali
6,616,206 9/2003 Luginbill et al. 2010/0283281 A1 1 1/2010 Carnevali
D500,284 12/2004 Clark 2012/0049601 A1* 3/2012 von Rothkirch und Panthen
7,210,725 5/2007 Moore et al. 297/411.2
7,237,816 7/2007 Singh et al. 2014/0265405 A1* 9/2014 Appelboum et al. ...... 296/24.34
D568,232 5/2008 Motozaki et al. 2015/0035308 A1* 2/2015 Huebner et al. ............. 296/37.8
7,506,843 3/2009 McKelvey OTHER PUBLICATIONS
D632,639 2/2011 Rosenbohm
7,891,719 2/2011 Carnevali
7,914,059 3/2011 Carnevali Jotto part No. 425-6138, Jotto Desk, known and accessible to the
D672,307 12/2012 von Holzhausen et al. public at least prior to Nov. 18, 2010, retrieved from the Internet
D672,706 12/2012 Okumura et al. ............ D12/415 <URL: http://www.customorderpolicespecialties.com/Jotto-Desk
D694,701
D729,144
2003/006.7183
: 12/2013
5/2015
4/2003
Ouellette et al. ... ... D12/415
Yamamoto ................... D12/415
Moore
Consoles/Jotto Desk Dodger Charger 425 6138>, 2 pages.
Office Action from the Canadian Intellectual Property Office for
Application No. 143540 dated Apr. 4, 2012 (2 pages).
2004/01693.87 9/2004 Moore
2007/01821.83 8/2007 Lota ........................... 296/24.34 * cited by examiner
 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 4 of 9

U.S. Patent Nov. 3, 2015 Sheet 1 of 6 US D742.299 S

 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 5 of 9

U.S. Patent Nov. 3, 2015 Sheet 2 of 6 US D742.299 S

 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 6 of 9

U.S. Patent Nov. 3, 2015 Sheet 3 of 6 US D742.299 S

 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 7 of 9

U.S. Patent Nov. 3, 2015 Sheet 4 of 6 US D742.299 S

;
 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 8 of 9

U.S. Patent Nov. 3, 2015 Sheet 5 of 6 US D742.299 S

FIG. 6
 Case: 3:17-cv-00745-jdp Document #: 1-2 Filed: 09/28/17 Page 9 of 9

U.S. Patent Nov. 3, 2015 Sheet 6 of 6 US D742.299 S

FIG. 7
Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 1 of 9

Exhibit C
 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 2 of 9
US00D755709S

(12) United States Design Patent do Patent No.: US D755,709 S

Williams (45) Date of Patent: ::: May 10, 2016
(54) CENTER CONSOLE 4,796,791 A 1/1989 Goss et al.
4,818,008 A 4/1989 Cressoni
(71) Applicant: L&P Property Management 5,085,481 A 2/1992 Fluharty et al.
Company, South Gate, CA (US) (Continued)
(72) Inventor: Steve Williams, Stevens Point, WI (US) OTHER PUBLICATIONS
- Havis part No. C-VS-0812-CHGR, Havis, Inc., known and acces
(73) Assignee: L&P PROPERTY MANAGEMENT sible to the public at least prior to Nov. 18, 2010, retrieved from the
COMPANY, South Gate, CA (US) Internet URLs: http://www.havis.com/data/1-Mounting/Consoles/
C-VS9%20Series/C-VS-0812-CHGR/C-VS-0812-CHGR-1 ISO
(**) Term: 15 Years 2-10.jpg and http://www.havis.com/data/1-Mounting/Consoles/C
CS%20Series/C-VS-0812-CHGR/C-VS-0812-CHGR INST 3
(21) Appl. No. 29/541,409 11.pdf>, 5 pages.
- Continued
(22) Filed: Oct. 2, 2015 (Continued)
Primary Examiner Katrina A Betton
Related U.S. Application Data (74) Attorney, Agent, or Firm Michael Best & Friedrich
LLP
(60) Continuation of application No. 29/495,077, filed on
Jun. 26, 2014, which is a division of application No. (57) CLAIM
29/406,818, filed on Nov. 18, 2011, now Pat. No. Des. I claim the ornamental design for a center console, as shown.
710,784. DESCRIPTION
(51) LOC (10) Cl. ................................................ 1216
(52) U.S. CI. FIG. 1 is a perspective view of an embodiment of a center
USPC ... D12/415 console.
(58) Field of Classification Search FIG. 2 is a rear view of the center console shown in FIG. 1.
USPC ........ D12/415, 416, 417,418, 419, 420, 400, FIG. 3 is a front view of the center console shown in FIG. 1.
D12/191, 106, 195, 345, 96, 99, 246 FIG. 4 is a right side view of the center console shown in FIG.
CPC .................................... B60R 7/08, B60R 7/04 1. - -- - -
See application file for complete search history. FIG. 5 is a left side view of the center console shown in FIG.
1.
(56) References Cited FIG. 6 is a top view of the center console shown in FIG. 1;
and,
|U.S. PATENT DOCUMENTS FIG. 7 is a bottom view of the center console shown in FIG.1.
The elements shown in broken lines are included for the
D218,438 S 8/1970 Shook
D233,428 S 10/1974 Hestand purpose of illustrating environment and form no part of the
D249,262 S 9/1978 Neece claimed design.
D279,329 S 6/1985 Dzak
4,690,448 A 9/1987 Fujisawa 1 Claim, 6 Drawing Sheets
Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 3 of 9
 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 4 of 9

U.S. Patent May 10, 2016 Sheet 1 of 6 US D755,709 S

 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 5 of 9

U.S. Patent May 10, 2016 Sheet 2 of 6 US D755,709 S

F|G. 3
 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 6 of 9

U.S. Patent May 10, 2016 Sheet 3 of 6 US D755,709 S

 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 7 of 9

U.S. Patent May 10, 2016 Sheet 4 of 6 US D755,709 S

 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 8 of 9

U.S. Patent May 10, 2016 Sheet 5 of 6 US D755,709 S

FIG. 6
 Case: 3:17-cv-00745-jdp Document #: 1-3 Filed: 09/28/17 Page 9 of 9

U.S. Patent May 10, 2016 Sheet 6 of 6 US D755,709 S

FIG. 7
Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 1 of 14

Exhibit D
 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 2 of 14
Michael Best & Friedrich LLP
Attorneys at Law
Two Prudential Plaza
180 North Stetson Avenue
Suite 2000
Chicago, IL 60601-6710
Phone 312.222.0800
Fax 312.222.0818

Arthur Gollwitzer III

Direct 312.596.5847
January 7, 2015 Email agollwitzer@michaelbest.com

VIA FEDEX

Mr. James M. Van Der Geest

Premier Mounting Solutions, LLC
2210 Heldt Street
Merrill, Wisconsin 54452

Re: Notice of Infringement/U.S. Patent No. D710,784 Center Console

Dear Mr. Van Der Geest:

We represent Gamber-Johnson, LLC, a member of the Leggett & Platt Commercial Vehicle
Products (CVP) Group, and L&P Property Management Company (L&P) in connection with
intellectual property matters. We write to advise you of U.S. Patent No. D710,784 (the 784
patent), a copy of which is enclosed with this letter. While L&P owns the 784 patent, Gamber-
Johnson is authorized to use this patent. L&P is located at 4095 Firestone Blvd., South Gate,
California, and Gamber-Johnson is located at 3001 Borham Blvd., Stevens Point, Wisconsin.

It has come to L&Ps attention that Premier is making, using, offering to sell, or selling in the
United States of America, or importing into the United States the console box identified as part
number CB-2SIN-S and depicted in the enclosed photographs (the Premier device). We have
compared the Premier device as depicted in the photographs to the design claimed in the 784
patent, and we believe the Premier device infringes the 784 patent. In fact, it appears that the
Premier device was copied from the corresponding Gamber-Johnson product.

Accordingly, L&P demands your prompt written assurance that Premier will cease making,
using, offering to sell, or selling in the United States, or importing into the United States the
Premier device. Under applicable United States patent laws, a party whose patent rights have
been infringed has a wide range of remedies available to it, including injunctive relief and the
recovery of monetary damages, disgorgement of the infringers profits, court costs, and
attorneys fees. See 35 U.S.C. 283-285, 287, and 289.
 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 3 of 14

January 7, 2015
Page 2

While L&P prefers to resolve this matter amicably, any such amicable resolution will require
Premiers full and prompt cooperation. Accordingly, we request that you confirm in writing by
January 28, 2015, that all manufacturing, use, sale, and importation of the Premier device has
been discontinued and will not be resumed. In addition, we request (i) that you identify by
model or part number, name, or like indicia all other console boxes that Premier markets which
are similar in design to the Premier device, and (ii) provide us with a current and complete list of
all Premier console boxes together with a photograph or drawing of each.

Very truly yours,

MICHAEL BEST & FRIEDRICH LLP

Arthur Gollwitzer III

Enclosures
 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 4 of 14
USO0D710784S

(12) United States Design Patent (10) Patent No.: US D710,784 S

Williams (45) Date of Patent: 4* Aug. 12, 2014

(54) CENTER CONSOLE D429,684 s * 8/2000 Johnson ..................... .. 1312/415

D434,365 S * 11/2000 Herer et al. ................ .. D12/415
. . - D437,299 S 2/2001 J hn
(75) Inventor: Steve Williams, Stevens Pomt, WI (US) 13453318 S * 2/2002 16/100211 H BIZ/415
_ 6,388,881 B2 5/2002 Yamauchi et al.
(73) A551gnee: L&P Property Management 6,423,072 Bl 3/2002 Moore
Company, South Gate, CA (US) 6,616,206 B2 9/2003 Luginbill et al.
D500,284 S * 12/2004 Clark ......................... .. D12/415
(*>1<) Term: 14 Years 7,210,725 B2 5/2007 Moore
7,237,816 B1 7/2007 Singh et al.
D568,232 S 5/2008 Motozaki et al.
(21) APPl- N~1 29/406,818 7,506,843 B2 3/2009 McKelvey
(22) Filed: Nov. 18,2011 (Continued)
(51) LOC (10) Cl. .............................................. .. 12-16 OTHER PUBLICATIONS

(52) 1 D12/415 Of?ce Action from the Canadian Intellectual Property Of?ce for
I ......... .... ...... ... ................................... .. Application NO 143540 datedApr 4, 2012 (2 pages)
(58) Field of Class1?catlon Search
USPC .......... .. D12/415i419, 96, 400, 195, 345, 99, (Continued)
D12/191, 106; 312/246; 296/37.1*37.8, 70,
296/241, 24.2, 24.3, 137.1, 97.1, 97.2, Primary Examiner * Katrina A Betton
296/974, 97.5, 97.6, 97.7, 1; 224/311, 539, (74) Attorney, Agent, or Firm iMichael Best & Friedrich
224/281, 118.1, 275; D8/354; LLP
D14/4514152; 248/2781, 274.1,
248/2841; 139/423; 133/319; 160/370.21, (57) CLAIM
160/37023, 37022 I claim the ornamental design for a center console, as shown.
See application ?le for complete search history.
DESCRIPTION
(56) References Cited
FIG. 1 is a perspective view of a ?rst embodiment of a center
U.S. PATENT DOCUMENTS console.
FIG. 2 is a rear view of the center console shown in FIG. 1.
D218,438 S 8/1970 Shook FIG. 3 is a right side view of the center console shown in FIG.
D233,428 S * 10/1974 Hestand ..................... .. D12/415
D249,262 S * 9/1978 Neece D12/415 1.
D279,329 S * 6/1985 Dzak .......................... .. D12/415 FIG. 4 is a left side view of the center console shown in FIG.
4,690,448 A 9/1987 Fujisawa 1; and,
4,796,791 A 1/1989 Goss etal. FIG. 5 is a top view of the center console shown in FIG. 1.
4,818,008 A 4/1989 Cressoni In the drawings, the broken lines in depict portions of the
5,085,481 A 2/1992 Fluhartyetal.
D363,916 S * 11/1995 Johnson ..................... .. D12/415 article that form no part of the claimed design.
5,609,382 A 3/1997 Schmid et al.
D429,209 S 8/2000 Inchaurregui 1 Claim, 5 Drawing Sheets
 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 5 of 14

US D710,784 S
Page 2

(56) References Cited OTHER PUBLICATIONS

U.S. PATENT DOCUMENTS Havis part No. C-VS-0812-CHGR, Havis, Inc., known and acces
sible to the public at least prior to Nov. 18, 2010, retrieved from the
D632,639 S 2/2011 Rosenbohm Internet <URLs: http://WWW.havis.com/data/1-Mounting/Consoles/
7,891,719 B2 2/2011 Carnevali C-VS%20Series/C-VS-0812- CHGIUC-VS-0812-CHGR-1iISOi
7,914,059 B2 3/2011 Carnevali
2-10.jpg and http://WWW.havis.com/data/1-Mounting/Consoles/C
D672,307 S * 12/2012 Von Hothausen et al. . D12/415
2003/0067183 A1 4/2003 Moore VS%20Series/C-VS-0812-CHG1UC-VS-0812-CHGRiINSTi3
2004/01693 87 A1 9/2004 Moore 11.pdf>, 5 pages.
2007/0216182 A1 9/2007 Moore Jotto part No. 425-6138, Jotto Desk, known and accessible to the
2010/0090489 A1 4/2010 Carnevali public at least prior to Nov. 18, 2010, retrieved from the Internet
2010/0090490 A1 4/2010 Carnevali <URL: http://WWW.customorderpolicespecialties.com/Jotto-Desk
2010/0282802 A1 11/2010 Carnevali Consoles/JottoiDeskiDodgeriChargeri425i6138>, 2 pages.
2010/0283277 A1 11/2010 Carnevali
2010/0283281 A1 11/2010 Carnevali * cited by examiner
 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 6 of 14

US. Patent Aug. 12, 2014 Sheet 1 0f5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 7 of 14

US. Patent Aug. 12, 2014 Sheet 2 0f 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 8 of 14

US. Patent Aug. 12, 2014 Sheet 3 0f 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 9 of 14

US. Patent Aug. 12, 2014 Sheet 4 0f 5 US D710,784 S

 Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 10 of 14

U S. Patent Aug. 12, 2014 Sheet 5 0f 5 US D710,784 S

PEG. 5
Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 11 of 14
Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 12 of 14
Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 13 of 14
Case: 3:17-cv-00745-jdp Document #: 1-4 Filed: 09/28/17 Page 14 of 14
Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 1 of 11

Exhibit E
 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 2 of 11
Michael Best & Friedrich LLP
Attorneys at Law
Two Prudential Plaza
180 North Stetson Avenue
Suite 2000
Chicago, IL 60601-6710
Phone 312.222.0800
Fax 312.222.0818

Arthur Gollwitzer III

Direct 312.596.5847
Email agollwitzer@michaelbest.com

February 11, 2015

Via Email
jimv@precisonlasercutting.com

Mr. James M. VanDerGeest

President and Owner
Premier Mounting Solutions, LLC
2210 Heldt Street
Merrill, Wisconsin 54452

Re: Notice of Infringement/U.S. Patent No. D710,784 Center Console

Dear Mr. VanDerGeest:

We write in reply to your email dated January 14 and your request for an explanation as to why
we believe Premiers CB-2SIN-S console box infringes our clients 784 patent. We also write
to provide our evaluation of Premiers CB-2UIN-S and CB-3DUR console boxes in light of the
784 patent.

The test for design patent infringement is referred to as the ordinary observer test, which
means a design infringes a design patent if in the eye of an ordinary observer, giving such
attention as a purchaser usually gives, two designs are substantially the same. Gorham v.
White, 81 U.S. 511 (1871).

The focus of the ordinary observer test is on the design as a whole, and the totality of the
designs of Premiers CB-2SIN-S and CB-3DUR console boxes are substantially the same as the
design claimed in our clients 784 patent. In particular, we direct your attention to the enclosed
charts comparing an exemplary aspect of the design claimed in the 784 patent to the Premier
CB-2SIN-S and CB-3DUR console boxes. As you will see, the enclosed charts use circles to
highlight portions of Premiers console boxes that are substantially similar to exemplary aspects
of our clients design.

Therefore, Premiers CB-2SIN-S and CB-3DUR console boxes each substantially resemble the
design claimed in the 784 patent, and we ask that you cease making, using, offering to sell, or
selling in the United States, or importing into the United States the Premier CB-2SIN-S and CB-
3DUR console boxes. We are not asking Premier to take any action with regard to its CB-2UIN-
S console box.
 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 3 of 11

February 11, 2015

Page 2

Please confirm that Premier Mounting Solutions will cease the manufacture and sale of the CB-
2SIN-S and CB-3DUR console box designs.

Very truly yours,

MICHAEL BEST & FRIEDRICH LLP

Arthur Gollwitzer III

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 4 of 11

U.S. D710,784 CB-2SIN-S

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 5 of 11

U.S. D710,784 CB-2SIN-S

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 6 of 11

U.S. D710,784 CB-2SIN-S

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 7 of 11

U.S. D710,784 CB-2SIN-S

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 8 of 11

U.S. D710,784 CB-3DUR

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 9 of 11

U.S. D710,784 CB-3DUR

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 10 of 11

U.S. D710,784 CB-3DUR

 Case: 3:17-cv-00745-jdp Document #: 1-5 Filed: 09/28/17 Page 11 of 11

U.S. D710,784 CB-3DUR

Case: 3:17-cv-00745-jdp Document #: 1-6 Filed: 09/28/17 Page 1 of 4

Exhibit F
 Case: 3:17-cv-00745-jdp Document #: 1-6 Filed: 09/28/17 Page 2 of 4

From: Jim VanDerGeest [mailto:jimv@precisionlasercutting.com]

Sent: Thursday, March 26, 2015 10:34 AM
To: Guevara, Patty (32129)
Subject: U.S. Patent No. D710,784 Center Console"

DearMs.Guevara,attachedarethechangesmadetothetwoconsoleswithyourconcerns.Ihave
instructedmarketingtomakesureallmaterialischangedinthisrespectimmediately.Ifyouhave
furtherconcernsorissuespleasedonothesitatetocontactme.

Thanksinadvance,

Jim VanDerGeest
President and Owner

2210HeldtStreet
Merrill,WI.54452
Ph:8665393100
Fx:7155398009
ALTEmail:premierdryers@gmail.com
http://www.premiertouchlessdrying.com
http://www.premierguards.com
www.premiermountingsolutions.com
http://www.precisionlasercutting.com
www.facebook.com/premiertouchlessdryingsystems

 Case: 3:17-cv-00745-jdp Document #: 1-6 Filed: 09/28/17 Page 3 of 4

28.41

6.00
13.00

11.19

6.05

TITLE:
SEDAN PI CONSOLE
SIZE: DWG. NO.: REV:

A CB-2SDN-S
Dimensions -
DATE: SCALE:
2/19/2015 1:6 SHEET 1 OF 1 2210 Heldt St., Merrill, WI 54452
5 4 3 2 1
 Case: 3:17-cv-00745-jdp Document #: 1-6 Filed: 09/28/17 Page 4 of 4

SHIFTER PLATE MAY BE PLACED

IN FRONT OR REAR SECTION

AUX. INPUT PLATE

8.00 17.50

9.75

TITLE:
2014 DURANGO CONSOLE
SIZE: DWG. NO.: REV:

A CB-3DUR
Dimensions E
DATE: SCALE:
4/22/2014 1:7 SHEET 1 OF 1 2210 Heldt St., Merrill, WI 54452
5 4 3 2 1
Case: 3:17-cv-00745-jdp Document #: 1-7 Filed: 09/28/17 Page 1 of 4

Exhibit G
 Case: 3:17-cv-00745-jdp Document #: 1-7 Filed: 09/28/17 Page 2 of 4
Exhibit G
Michael Best & Friedrich LLP
Attorneys at Law
Plymouth D. Nelson
T 262.956.6544
E pdnelson@michaelbest.com

February 8, 2017

Via Email
jimv@precisonlasercutting.com

Mr. James M. VanDerGeest

President and Owner
Premier Mounting Solutions, LLC
2210 Heldt Street
Merrill, Wisconsin 54452

Re: Notice of Infringement/U.S. Patent No. D710,784 Center Console

Dear Mr. VanDerGeest:

We write as a follow up to your March 26, 2015, email, in which you identified through revised
drawings the changes made to the CB-2SIN-S console box (which as modified we understand to
now be the CB-2SDN-S console box) and the CB-3DUR console box. You indicated in your
email that you had instructed marketing to make sure all material is changed in this respect
immediately.

Premier, however, is still offering for sale via an online catalog on Facebook
(https://www.facebook.com/premiermountingsolutions/) the original objectionable design of the
CB-2SIN-S box. We have attached the page we retrieved from Facebook with this console box.
We note that the online catalog on the Premier website appears to no longer offer the CB-2SIN-
S, so we assume you will rectify the inconsistency on your Facebook page immediately.

100 East Wisconsin Avenue, Suite 3300 | Milwaukee, WI 53202 | T 414.271.6560 | F 414.277.0656
michaelbest.com
 Case: 3:17-cv-00745-jdp Document #: 1-7 Filed: 09/28/17 Page 3 of 4

February 8, 2017
Page 2

We look forward to your prompt update to Premiers Facebook page and an assurance that
Premier is no longer manufacturing or marketing the CB-2SIN-S console box that was the
subject of Gamber-Johnsons earlier complaint.

Very truly yours,

MICHAEL BEST & FRIEDRICH LLP

Plymouth D. Nelson

Enclosure
Case: 3:17-cv-00745-jdp Document #: 1-7 Filed: 09/28/17 Page 4 of 4
Case: 3:17-cv-00745-jdp Document #: 1-8 Filed: 09/28/17 Page 1 of 2
Case: 3:17-cv-00745-jdp Document #: 1-8 Filed: 09/28/17 Page 2 of 2
Case: 3:17-cv-00745-jdp Document #: 1-9 Filed: 09/28/17 Page 1 of 3

Exhibit I
 Case: 3:17-cv-00745-jdp Document #: 1-9 Filed: 09/28/17 Page 2 of 3
Exhibit I
Michael Best & Friedrich LLP
Attorneys at Law
Plymouth D. Nelson
T 262.956.6544
E pdnelson@michaelbest.com

March 23, 2017

Via Email
jimv@precisonlasercutting.com

Mr. James M. VanDerGeest

President and Owner
Premier Mounting Solutions, LLC
2210 Heldt Street
Merrill, Wisconsin 54452

Re: Notice of Infringement/U.S. Patent No. D710,784 Center Console

Dear Mr. VanDerGeest:

We write in furtherance of our correspondence to you of February 8, 2017, and our

follow-up of February 23, 2017.

It appears the CB-2SIN-S console box remains within the 4th Edition Product Catalog
accessible through your Facebook page
(https://www.facebook.com/premiermountingsolutions/) and is specifically referenced on
page 29 and on the second of two pages 31 of that catalog. It also appears that the
unmodified CB-3DUR console box is illustrated on the second of two pages 32 in the
same catalog.

Please remove all instances within this catalog of the CB-2SIN-S console box and the
CB-3DUR console box with the objectionable design. Unless you do so, Gamber-
Johnson will be forced to take additional action to protect its intellectual property rights.
We again note your earlier assurance to us that you had instructed marketing to make
sure all material is changed in this respect immediately.

100 East Wisconsin Avenue, Suite 3300 | Milwaukee, WI 53202 | T 414.271.6560 | F 414.277.0656
michaelbest.com
 Case: 3:17-cv-00745-jdp Document #: 1-9 Filed: 09/28/17 Page 3 of 3

March 23, 2017

Page 2

We expect you will make the necessary changes without delay and notify us at once.

Very truly yours,

MICHAEL BEST & FRIEDRICH LLP

Plymouth D. Nelson

Enclosure
 Case: 3:17-cv-00745-jdp Document #: 1-10 Filed: 09/28/17 Page 1 of 3
JS 44 (Rev. 06/17) CIVIL COVER SHEET
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.)

I. (a) PLAINTIFFS DEFENDANTS

Gamber-Johnson, LLC Premier Mounting Solutions, LLC

(b) County of Residence of First Listed Plaintiff Portage, Wisconsin County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
See attached.

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act 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):
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Design patent infringement
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. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
09/28/2017 /s/ Kenneth M. Albridge III
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 06/17) Case: 3:17-cv-00745-jdp Document #: 1-10 Filed: 09/28/17 Page 2 of 3
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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven 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 Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

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: 3:17-cv-00745-jdp Document #: 1-10 Filed: 09/28/17 Page 3 of 3

Attachment to Civil Cover Sheet

Attorneys for Plaintiff

Arthur Gollwitzer
MICHAEL BEST & FRIEDRICH LLP
2801 Via Fortuna, Suite 300
Austin, TX 78746
Tel. 512.640.3161
Fax. 512.640.6170
agollwitzer@michaelbest.com

Kenneth M. Albridge III

MICHAEL BEST & FRIEDRICH LLP
One South Pinckney Street, Suite 700
Madison, WI 53703
Tel. 608.257.3501
Fax. 608.283.2275
kmalbridge@michaelbest.com
 Case: 3:17-cv-00745-jdp Document #: 1-11 Filed: 09/28/17 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)
)
)
Gamber-Johnson, LLC )
Plaintiff(s) )
)
v. Civil Action No. 17-cv-745
)
)
)
)
Premier Mounting Solutions, LLC )
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

Premier Mounting Solutions, LLC

2210 Heldt Street
Merrill, WI 54452

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received 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 plaintiffs attorney,
whose name and address are:

Arthur Gollwitzer Kenneth M. Albridge III

Michael Best & Friedrich LLP Michael Best & Friedrich LLP
2801 Via Fortuna, Suite 300 P.O. Box 1806
Austin, TX 78746 Madison, WI 53701-1806

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.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case: 3:17-cv-00745-jdp Document #: 1-11 Filed: 09/28/17 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 17-cv-745

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons 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 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:

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 Case: 3:17-cv-00745-jdp Document #: 1-12 Filed: 09/28/17 Page 1 of 1
AO 120 (Rev. 08/10)

Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court for the Western District of Wisconsin on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

17-CV-745 9/28/2017 for the Western District of Wisconsin
PLAINTIFF Format m/d/yyyy DEFENDANT
Gamber-Johnson, LLC Premier Mounting Solutions, LLC

PATENT OR DATE OF PATENT

HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 D710,784 8/12/2014 Gamber-Johnson, LLC

2 D742,299 11/3/2015 Gamber-Johnson, LLC

3 D755,709 5/10/2016 Gamber-Johnson, LLC

In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
PATENT OR DATE OF PATENT
HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1

In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy

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