IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

COPRECITEC, S.L., COPRECI, S. COOP., and MONDRAGON COMPONENTS U.S.A. CO., Plaintiffs, v. THE BRINKMANN CORP., Defendant.

Civil Action No. _______________

COMPLAINT AND DEMAND FOR TRIAL BY JURY Plaintiffs Coprecitec, S.L. (Coprecitec), Copreci, S. Coop. (Copreci), and Mondragon Components U.S.A. CO. (Mondragon) (collectively, Plaintiffs) by its undersigned attorneys, hereby file this Complaint against Defendant The Brinkmann Corp. (Brinkmann), alleging as follows: NATURE OF THE SUIT 1. This is an action for patent infringement under the United States

Patent Statute, 35 U.S.C. 1, et seq., arising from Brinkmanns infringement of the patent-in-suit relating to a multi-gas appliance. THE PARTIES 2. Plaintiff Coprecitec is a Sociedad Limitada organized under the laws

of Spain having its registered office at Avda. Alava 3, 20550 Aretxabaleta

(Guipuzcoa), Spain. 3. Plaintiff Copreci is a Sociedad Cooperativa organized under the laws

of Spain having its registered office at Avda. Alava 3, 20550 Aretxabaleta (Guipuzcoa), Spain. 4. Plaintiff Mondragon is a Delaware corporation having a principal

place of business at 2621 Sandy Plains Rd., Suite 303, Marietta, GA 30066. 5. Defendant Brinkmann is a Texas corporation, with its principal place

of business at 4215 McEwen Road, Dallas, TX 75244. JURISDICTION AND VENUE 6. This action arises under the patent laws of the United States, 35

U.S.C. 1, et seq. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 7. This Court has personal jurisdiction over Brinkmann because, on

information and belief, Brinkmann has been and is doing business in this judicial district by manufacturing, distributing, marketing, using, selling and/or offering for sale its products including, but not limited to, products that practice the subject matter claimed in the patents involved in this action, in this judicial district. 8. 1400(b). Venue is proper in this Court pursuant to 28 U.S.C. 1391 and

BACKGROUND FACTS 9. Coprecitec is a subsidiary of Copreci, a leading developer and

manufacturer of components for household and professional appliances. Mondragon markets, supports, and represents Copreci in its operations in the United States. The 289 Patent 10. U.S. Patent No. 8,449,289 (the 289 Patent) is entitled, A Multi-

Gas Appliance. A true and correct copy of the 289 Patent is attached hereto as Exhibit A. 11. The 289 Patent duly and legally issued, after a full and fair

examination from the United States Patent and Trademark Office (hereinafter USPTO), on May 28, 2013, with named inventor Iigo Albizuri. 12. The 289 Patent is duly assigned to Coprecitec by virtue of an

assignment dated September 13, 2007. Because Coprecitec is the current owner of all title and interest in and under the 289 Patent, Coprecitec has standing to sue for infringement of the 289 Patent. Since its issuance, the 289 Patent has been in full force and effect. 13. Copreci has an exclusive license under the 289 Patent to sell, offer

for sale, and import patented products. Because Copreci is an exclusive licensee under the 289 Patent, it has standing to sue for infringement.

14.

Mondragon has an exclusive license under the 289 Patent to

manufacture and use patented products. Because Mondragon is an exclusive licensee under the 289 Patent, it has standing to sue for infringement. Brinkmanns Convertible Grill Products 15. Upon information and belief, and according to its website,

advertisements, and other marketing materials, Brinkmann is in the business of marketing and selling various outdoor leisure products and sporting goods and their components and accessories. 16. Specifically, Brinkmann manufactures, uses, sells, offers to sell,

and/or imports grills designed such that they may be converted between using propane and natural gas (Convertible Grills), including but not limited to Brinkmann and/or Charmglow Models 810-1750-S, 810-1750-SC, 810-1751-S, 810-1751-SC, 810-2390-SB, 810-3551-0, 810-3885-S, 810-3885-SC, 810-4580-S, 810-4580-SB, 810-6805-S, 810-6805-SB, 810-8502-0, 810-8502-S, 810-8503-SB, 814-6805-S, and 814-6807-S. Count I - Infringement of U.S. Patent No. 8,449,289 17. The allegations of paragraphs 1-16 above are incorporated by

reference as if fully set forth herein. 18. Plaintiffs are informed and believe, and based thereon allege, that

Brinkmann has infringed, literally and/or under the doctrine of equivalents, and is

continuing to infringe the 289 Patent by engaging in acts that involve making, using, selling, and/or offering to sell within the United States, and/or importing into the United States, unlicensed Convertible Grills that embody the patented invention claimed in the 289 Patent. 19. Brinkmanns accused activities have been without express or implied

license or consent from Plaintiffs. 20. Upon information and belief, Brinkmann will continue to infringe the

289 Patent unless enjoined by this Court. As a result of Brinkmanns infringing conduct, Plaintiffs have suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy at law. Plaintiffs are entitled to preliminary and permanent injunctive relief against such infringement, pursuant to 35 U.S.C. 283. 21. As a result of the infringement of the 289 Patent, Plaintiffs have been

damaged, will be further damaged, and are entitled to be compensated for such damages, pursuant to 35 U.S.C. 284, in an amount to be determined at trial. 22. Brinkmanns past and continuing infringement of the 289 Patent has

been deliberate and willful, warranting an award of treble damages, pursuant to 35 U.S.C. 284. 23. This is an exceptional case within the meaning of 35 U.S.C. 285,

justifying an award of attorney fees and costs to Plaintiffs.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs request that this Court enter judgment in its favor and award it relief including, but not limited to, the following: A. B. A judgment that Brinkmann has infringed the 289 Patent; A judgment and order that permanently restrain and enjoin

Brinkmann, its directors, officers, employees, servants, agents, affiliates, subsidiaries, or others controlled by them, and all persons in active concert or participation with any of them, from further infringing the 289 Patent in accordance with 35 U.S.C. 283; C. A judgment and order that require Brinkmann to pay damages to

Plaintiffs adequate to compensate Plaintiffs for Brinkmanns wrongful infringing acts, in accordance with 35 U.S.C. 154(d), 284; D. A judgment and order that require Brinkmann to pay increased

damages up to three times, in view of its willful and deliberate infringement of the 289 Patent, in accordance with 35 U.S.C. 284; E. A finding in favor of Plaintiffs that this is an exceptional case under

35 U.S.C. 285, and an award to Plaintiffs of its costs, including its reasonable attorney fees and other expenses incurred in connection with this action;

F.

A judgment and order that require Brinkmann to pay to Plaintiffs pre-

judgment interest under 35 U.S.C. 284, and post-judgment interest under 28 U.S.C. 1961, on all damages awarded; and G. Such other costs and further relief to which Plaintiffs are entitled. Respectfully submitted, Date: May 28, 2013 FINNEGAN, HENDERSON, FARABOW, GARRETT, & DUNNER, L.L.P. /s/Virginia L. Carron Virginia L. Carron Georgia Bar No. 112,770 303 Peachtree Street, N.E., 3500 SunTrust Plaza Atlanta, Georgia 30308 Telephone: (404) 653-6400 Facsimile: (404) 653-6444 Email: virginia.carron@finnegan.com Michael A. Morin michael.morin@finnegan.com Andrew J. Vance andrew.vance@finnegan.com Jennifer K. Robinson jennifer.robinson@finnegan.com 901 New York Avenue, NW Washington, DC 20001 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 Attorneys for Plaintiffs