UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ GENERAC POWER SYSTEMS, INC., Plaintiff, v.

KOHLER COMPANY, Defendant. ______________________________________________________________________________ COMPLAINT ______________________________________________________________________________ Case No. ________

Plaintiff, Generac Power Systems, Inc., by and through its attorneys, for its complaint against corporate Defendant Kohler Co. (Kohler), hereby alleges as follows: SUMMARY AND NATURE OF THE ACTION 1. This action arises as a result of Kohlers infringement of an important Generac

patent, U.S. Patent No. 6,653,821. THE PARTIES 2. Plaintiff, Generac, is a corporation organized and existing under the laws of the

State of Wisconsin, having its principal place of business at Highway 59 and Hillside Road, Waukesha, Wisconsin 54187. Generac was the first company to engineer affordable home standby generators and is the leader in the home generator business. Generac continues to be a technology leader in both the home and industrial generator businesses.

3.

Kohler is a corporation organized under the laws of Wisconsin, having its

principal place of business at 444 Highland Drive, Kohler, Wisconsin 53044. Kohler also sells home generators and is a competitor of Generac. JURISDICTION AND VENUE Subject Matter Jurisdiction 4. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Subject matter jurisdiction in this Court is conferred pursuant to 28 U.S.C. 1338(a). Personal Jurisdiction and Venue 5. Defendant is subject to personal jurisdiction within this judicial district, being

present and doing business in this judicial district and directing improper activities into this judicial district. On information and belief, Kohler has its regular and established principal place of business within this judicial district at 444 Highland Drive, Kohler, Wisconsin, is qualified to do business in Wisconsin pursuant to the laws of the State of Wisconsin, and has been doing such business and is doing such business in Wisconsin and in this district. BACKGROUND FACTS 6. The claim set forth in this Complaint stems from wrongful infringing acts by

Kohler in violation the federal patent statute. Kohler has engaged in a plan to utilize quickly and at low cost certain patented technology that Generac painstakingly developed over a period of several years and at substantial cost. 7. At all times relevant to this complaint, Generac has been, and continues to be, a

leader in the research, design, manufacture and sale of residential and industrial generators and

-2-

associated products and controls. To maintain its position as a market leader, Generac maintains design facilities in Eagle, Waukesha, and Whitewater, Wisconsin (the Research Centers). 8. Generac has invested, and continues to invest, millions of dollars in the

development of patented systems and processes related to generators, controls and software. 9. Kohler has followed a path of indiscriminately infringing patented technology

from Generac and attempting to clone Generacs products and market presence. Kohler has at times relevant to this complaint experienced difficulty in maintaining competitiveness in the North American generator market due to its failure to develop generator and control system technology. 10. On information and belief, having known of Generacs intellectual property rights

and specifically U.S. Patent No. 6,653,821, Kohler has willfully violated and infringed upon such rights regardless of whether they were protected by federal law. 11. On information and belief, the use of Generacs patented technology has

decreased Kohlers expenditures for research and development, has provided cost savings and valuable improvements to the manufacturing processes and business operations of Kohler, thereby improving Kohlers competitiveness in the market place. 12. Generac has suffered loss of future profits and competitive advantage including

market share, commercial channels, and the like, as a result of Defendants unlawful conduct. Generac lacks an adequate remedy at law for Defendants illegal conduct because monetary damages alone will not provide Generac with adequate relief from the injuries it continues to sustain.

-3-

FIRST CLAIM Patent Infringement of U.S. Patent No. 6,653,821 13. above. 14. On November 25, 2003, United States Letters Patent No. 6,653,821 B2, entitled Generac incorporates by reference the allegations contained in paragraphs 1-12

System Controller and Method for Monitoring and Controlling a Plurality of Generator Sets (the 821 patent), was duly and legally issued to Generac. Since that date, Generac has been and still is the owner of the 821 patent and of all right of recovery for damages thereunder. A copy of the 821 patent is attached hereto as Exhibit A. 15. Kohler has willfully infringed the 821 patent by making, using, selling, and

offering to sell in this judicial district and throughout the United States certain control and generation systems, including at least its Master Control Panel 3000 (MCP 3000) and the Decision-Maker Paralleling System (DPS). 16. Kohlers manufacture, use, sale and/or offer for sale of the MCP 3000 and the

DPS in the United States has been without license from Generac and constitutes infringement by Kohler of the 821 patent claims, including one or more of claims 1-24, in violation of 35 U.S.C. 271. 17. As a result of Kohlers infringement of the 821 patent, Generac has been

damaged in an amount to be determined at trial. Generac will suffer immediate and irreparable injury unless this Court enjoins infringing activities of Kohler.

-4-

PRAYER FOR RELIEF WHEREFORE, Plaintiff Generac prays for the following relief: A. B. Judgment for Generac on its claims for patent infringement. Permanently enjoining Kohler, its respective officers, directors, agents, and employees and all those in active concert or participation with it who receive notice of the judgment by personal service or otherwise, from making, importing, using, selling, and offering to sell control or generator systems covered by the claims of the 821 patent and from otherwise infringing, contributing to infringement of, and actively inducing infringement of any of at these claims of Generacs patent. C. An award of compensatory and punitive damages to Generac by reason of the wrongs committed by Kohler, including an award of increased damages pursuant to 35 U.S.C. 284, for Kohlers willful and deliberate patent infringement. D. An assessment of interest, including prejudgment interest, on the damages so awarded. E. An award to Generac of its costs and reasonable attorney fees incurred in connection with this action pursuant to 35 U.S.C. 285. F. An assessment of interest, including prejudgment interest, on the damages so awarded. G. An award of costs of this action together with Generacs attorneys fees pursuant to any applicable state statute or common law provision.

-5-

H.

Such other and further relief as this Court deems just and proper. DEMAND FOR JURY TRIAL

Pursuant to Federal Rules of Civil Procedure 38, Generac demands a jury trial on all issues triable of right by jury raised in this Complaint.

Generac Power Systems, Inc. By its Attorneys, Date: December 9, 2011 s/ H. Michael Hartmann H. Michael Hartmann David M. Airan Eley O. Thompson John K. Winn LEYDIG, VOIT & MAYER, LTD. Two Prudential Plaza 180 North Stetson, Suite 4900 Chicago, IL 60601 (312) 616-5600

-6-