IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

BETTCHER INDUSTRIES, INC. 6801 State Route 60 Birmingham, Ohio 44816 Plaintiff, vs. BUNZL PROCESSOR DISTRIBUTION, LLC 528 E. 19th Ave. North Kansas City, MO 64116 EXACT MANUFACTURING & MACHINE, INC. 6005 North Ninth Street Omaha, NE 68110 HILLSBORO MANUFACTURING, LLC, 301 N. Cedar Street Hillsboro, KS 67063 Defendant

CASE NO.: ________________ Judge _____________

COMPLAINT FOR PATENT INFRINGEMENT JURY TRIAL DEMANDED

Plaintiff Bettcher Industries, Inc. (Bettcher) sets forth the following Complaint against defendants Bunzl Processor Distribution, LLC (Bunzl), Exact Manufacturing & Machine, Inc. (Exact) and Hillsboro Manufacturing, LLC (Hillsboro): Jurisdiction And Nature Of The Case 1. Bettcher is a corporation organized and operating under the laws of the State of

Delaware, with its principle place of business at 6801 State Route 60, Birmingham, Ohio 44816.

2.

On information and belief, Bunzl Processor Distribution LLC is a Missouri

limited liability corporation with principal place of business at 528 E. 19th Ave., North Kansas City, Missouri 64116.
3.

On information and belief, Bunzl Processor Distribution, LLC is a subsidiary of

Bunzl Distribution USA, Inc., which in turn is a division of Bunzl plc, headquartered in London, England.
4.

On information and belief, Bunzl Distribution USA, Inc., controls and operates its

subsidiary companies, including Bunzl Processor Distribution, LLC, so as to present itself as one unified company to its customers, including by stating on its Internet site that Bunzl utilizes one uniform hardware and software platform to operate its business.All Bunzl locations run the same software with a centralized database repository, which is maintained by the corporate IT staff, and is specifically customized to make the best use of Bunzl facilities and capabilities. This setup allows individual Bunzl locations to interface directly with their local customers by having immediate access to all the necessary data to run that facility and help customers manage their businesses.
5.

On information and belief, Bunzl Distribution USA, Inc., and Bunzl Processor

Distribution LLC, regularly conduct business within the State of Ohio.

6.

On information and belief, Bunzl Processor Distribution LLC, has offered for sale

and sold the products accused in this matter of infringement within the geographic area served by the Federal District Court for the Northern District of Ohio, Western Division.
7.

On information and belief, Exact Manufacturing & Machine, Inc. (Exact), is a

Nebraska corporation with principal place of business at 6005 North Ninth Street, Omaha, NE

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68110, which makes, uses, sells and/or offers for sale the products accused in this matter of infringement.
8.

On information and belief, Hillsboro Manufacturing, LLC (Hillsboro) is a

limited liability corporation with principal place of business at 301 N. Cedar Street, Hillsboro, KS 67063, which makes, uses, sells and/or offers for sale the products accused in this matter of infringement. 9. Bettchers claims arise under the patent laws of the United States, specifically 35

U.S.C. 154(d), 271, 281, 283, 284 and 285, for infringement of U.S. Patent No. 8,074,363 (the 363 Patent). A copy of the 363 Patent is attached hereto as EXHIBIT A. 10. This action is authorized by 35 U.S.C. 281. The federal courts have original

and exclusive jurisdiction of the action pursuant to 28 U.S.C. 1338(a). Venue in this Court is appropriate pursuant to 28 U.S.C. 1391 and 1400(b). The Accused Products 11. Bettcher manufactures and sells food processing equipment and hand tools,

including trimming knives and the blades utilized therein. Its products are used for various applications in the meat processing industry. Bettcher currently sells and offers for sale Whizard rotary trimming knives and accessories, including the Whizard Trimmer Series II products. Bettcher sells its products directly to end users through its sales network. 12. Bunzl competes directly with Bettcher in the food processing equipment market.

Among other products, Bunzl offers for sale and sells replacement rotary knife blades, as exemplified by the page from its Internet site that is attached hereto as EXHIBIT B. Bunzl advertises that these replacement rotary knife blades are for use as replacement blades in the Bettcher Whizard Trimmer Series II products, as indicated by the reference on EXHIBIT B to

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the Bettcher OEM product number associated with the original Bettcher blade. The blades, the use, sale, offer for sale or importation of which is accused of infringement of the 363 Patent in this matter, are those listed in EXHIBIT B hereto having a Description including the word M2 and a product number immediately prior to the phrase M2 that is a number less than 1000 or the number 1850, and any other similar products previously, currently, or hereafter made, sold, offered for sale, or used by Bunzl, regardless of the identifier utilized therefor (the Accused Products). 13. Exact and Hillsboro make the Accused Products that Bunzl sells and are aware of

the geographic scope of Bunzls sales in that regard. 14. On December 13, 2011, the United States Patent and Trademark Office issued

U.S. Patent No. 8,074,363, to Jeffrey A. Whited of Amherst, Ohio, entitled Rotary Knife Blade For Low Friction Rotary Knife. 15. The application which ultimate resulted in the 363 Patent was filed on February

21, 2006, and was published on June 29, 2006. 16. Bettcher is the assignee of all rights in the 363 Patent and has not granted any

rights to Bunzl, Exact or Hillsboro to practice the 363 Patent. 17. Bunzl, Exact and Hillsboro each directly infringe claims of the 363 Patent,

including but not limited to Claim 1 of the 363 Patent, induce others so to infringe, and/or contribute to the infringement thereof by others, by making, using, selling, importing into the United States, and/or offering for sale the Accused Products, either literally or by virtue of the Doctrine of Equivalents. 18. On information and belief, Bunzl had actual notice of the published application

that led to the issuance of the 363 Patent at least as of December 23, 2008.

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19.

Bettcher reserves the right to amend this Complaint upon the completion of

additional discovery to allege, if appropriate, that Exact and/or Hillsboro each had actual notice of the published application that led to the issuance of the 363 Patent prior to its actual date of issuance. 20. The invention as claimed in the 363 Patent is substantially identical to the

invention as claimed in the application that led to the issuance of the 363 Patent as published on June 29, 2006. 21. From the time that Bunzl had actual notice of the published application that led to

the issuance of the 363 Patent until the issuance of the 363 Patent, Bunzl made, used, offered for sale and/or sold the Accused Products, thereby entitling Bettcher to a reasonable royalty for all such actions taken during that time period pursuant to 35 U.S.C. 154(d). 22. Bettcher reserves the right to amend this Complaint upon the completion of

additional discovery, if appropriate, to allege that from the time that Hillsboro and/or Exact had actual notice of the published application that led to the issuance of the 363 Patent until the issuance of the 363 Patent, Hillsboro and/or Exact made, used, offered for sale and/or sold the Accused Products, thereby entitling Bettcher to a reasonable royalty for all such actions taken during that time period pursuant to 35 U.S.C. 154(d). 23. 363 Patent. 24. If Bunzl, Exact and Hillsboro are permitted to continue to make, use, sell or offer None of Bunzl, Exact or Hillsboro is authorized to practice the invention of the

for sale the invention claimed in the 363 Patent, Bettcher will suffer irreparable injury from the erosion of its patent rights in the 363 Patent.

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25.

Bettcher has suffered injury from Bunzls, Exacts and Hillsboros infringement

and is entitled to be made whole to the extent possible by an award of money damages in its favor, as well as the award of preliminary and permanent injunctive relief. 26. Bunzls, Exacts and Hillsboros past, present and expected future infringement of

the 363 Patent, with knowledge of that Patent, is willful and objectively reckless, entitling Bettcher to enhanced damages pursuant to 35 U.S.C. 284, and to an award of its attorneys fees and costs in the bringing and maintaining of this action pursuant to 35 U.S.C. 285. Request For Relief WHEREFORE, Bettcher demands a trial by jury and demands judgment, jointly and severally, against Bunzl, Exact and Hillsboro as follows: A. For a preliminary and a permanent injunction enjoining Defendants, their successors and assigns, and their officers, directors, agents, servants, employees, and all entities and individuals acting in concert with them or on their behalf, from continued infringement of the 363 Patent; B. For an award of a reasonable royalty for Defendants exploitation of the invention claimed in the application that led to the issuance of the 363 Patent from the date on which each Defendant first became aware of the published application until December 13, 2011. C. For an accounting of all damages and a judgment for general damages against each Defendant, jointly and severally, as compensation for each of their use, exploitation and infringement of the 363 Patent, from December 13, 2011, forward;

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D. For an increase of all such monetary damages described above to three times their amount, pursuant to 35 U.S.C. 284, for willful infringement of the 363 Patent; E. For the cost of this action, together with an assessment of interest and reasonable attorney fees pursuant to 35 U.S.C. 285; F. For an award of pre-judgment interest; and G. For such other and further relief as this Court may deem just and proper. Demand For Jury Trial Bettcher demands a trial by jury as to all issues tryable by a jury in this action. Dated: December 13, 2011 __/s/ Thomas H. Shunk______ Thomas H. Shunk (0025793) David E. Kitchen (0078503) BAKER & HOSTETLER, LLP Suite 3200 1900 E. 9th St. Cleveland, Ohio 44114 (216) 621-0200 (216) 373-6557 (fax) tshunk@bakerlaw.com cmoser@bakerlaw.com George Pinchak (0056196) TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP Suite 1700 1300 E. 9th Street Cleveland, OH 44114 (216) 621-2234 (216) 621-4072 (fax) Attorneys for Plaintiff, Bettcher Industries, Inc.

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