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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION John C.

Kupferle Foundry Company Plaintiff, v. Mueller Water Products, Inc., and Mueller Co., Ltd, Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. _______________

JURY TRIAL DEMANDED

COMPLAINT John C. Kupferle Foundry Company ("Plaintiff') seeks legal and equitable remedies for infringement of Plaintiffs United States Patents No. 6,820,635 and No. 6,948,512 (the Patents) by Mueller Co., Ltd. and its parent company Mueller Water Products, Inc. (Defendants). JURISDICTION AND VENUE 1. This is an action for patent infringement under Title 35 of the United States code. Plaintiff is seeking injunctive relief as well as damages. 2. Jurisdiction is proper in this Court pursuant to 28 U.S.C. 1331 (Federal Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising under the United States patent statutes. 3. Venue is proper under 28 U.S.C. 1391(d) and 1400(b). 4. Plaintiff is a Missouri corporation with its principle place of business at 2511 North 9th Street, St. Louis, MO 63102.

5. On information and belief, Defendant Mueller Water Products, Inc. is a Delaware corporation with its principal place of business at 1200 Abernathy Road, N.E., Suite 1200, Atlanta, GA 30328. On information and belief, Defendant Mueller Water Products, Inc. does business throughout the United States, including within this judicial district. 6. On information and belief, Defendant Mueller Co., Ltd. is a Delaware limited liability company with its principal place of business at 1200 Abernathy Road, N.E., Suite 1200, Atlanta, GA 30328. On information and belief, Defendant Mueller Co., Ltd. does business throughout the United States, including within this judicial district. 7. This Court has personal jurisdiction over Defendants because, on information and belief, Defendants do business in this district; and/or have systematic and continuous contacts in this district. INFRINGEMENT OF U.S. PATENT 6,820,635 8. Plaintiff incorporates paragraphs 1 through 7 herein by reference. 9. This cause of action arises under the patent laws of the United States, and in particular Title 35 of the United States Code. 10. Plaintiff is the assignee of and owns all right, title and interest in and has standing to sue for infringement of United States Patent No. 6,820,635 entitled Flushing Attachment for Hydrant. 11. The '635 Patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code. 12. On information and belief, Defendants are infringing, inducing others to infringe, and/or contributorily infringing, in the United States and this District, at least one claim of the '635 Patent. Such infringing activities by Defendants include making, using, importing, selling and/or offering to sell certain products. The infringing activities include, but are not limited to,

offering for sale products under the designation HG-6 at the FSAWWA Fall Conference in Orlando, Florida on November 29, 2011. These acts are without right, license or permission from Plaintiff. 13. Defendants' actions as described herein constitute infringement of at least one claim of the '635 Patent in violation of 35 U.S.C. 271, 281-285. 14. On information and belief, Defendants' infringement is willful because Defendants have infringed the 635 Patent as alleged herein, with knowledge of the '635 Patent. 15. This case is exceptional pursuant to the provisions of 35 U.S.C. 285. 16. Plaintiff has complied with 35 U.S.C. 287. 17. Defendants' actions complained of herein are causing irreparable harm and monetary damage to Plaintiff and will continue to do so unless and until Defendants are enjoined and restrained by this Court. INFRINGEMENT OF U.S. PATENT 6,948,512 18. Plaintiff incorporates paragraphs 1 through 7 herein by reference. 19. This cause of action arises under the patent laws of the United States, and in particular Title 35 of the United States Code. 20. Plaintiff is the assignee of and owns all right, title and interest in and has standing to sue for infringement of United States Patent No. 6,948,512 entitled Flushing Attachment for Hydrant. 21. The '512 Patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code. 22. On information and belief, Defendants are infringing, inducing others to infringe, and/or contributorily infringing, in the United States and this District, at least one claim of the

512 Patent. Such infringing activities by Defendants include making, using, importing, selling and/or offering to sell certain products. The infringing activities include, but are not limited to, offering for sale products under the designation HG-6 at the FSAWWA Fall Conference in Orlando, Florida on November 29, 2011. These acts are without right, license or permission from Plaintiff. 23. Defendants' actions as described herein constitute infringement of at least one claim of the 512 Patent in violation of 35 U.S.C. 271, 281-285. 24. On information and belief, Defendants' infringement is willful because Defendants have infringed the 512 Patent as alleged herein, with knowledge of the 512 Patent. 25. This case is exceptional pursuant to the provisions of 35 U.S.C. 285. 26. Plaintiff has complied with 35 U.S.C. 287. 27. Defendants' actions complained of herein are causing irreparable harm and monetary damage to Plaintiff and will continue to do so unless and until Defendants are enjoined and restrained by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff asks the Court to: A. Enter judgment for Plaintiff on this Complaint; B. Enjoin Defendants, their agents, officers, servants, employees, attorneys and all

persons in active concert or participation with Defendants who receive notice of the order from further infringement of United States Patents No. 6,820,635 and No. 6,948,512; C. Award Plaintiff damages resulting from Defendants' infringement in accordance with 35 U.S.C. 284; D. Treble the damages in accordance with the provisions of 35 U.S.C. 284;

E. Find the case to be exceptional under the provisions of 35 U.S.C. 285; F. Award Plaintiff reasonable attorney fees under 35 U.S.C. 285; G. Order the impounding and destruction of all Defendants' products that infringe

the'635 Patent or the 512 Patent; H. Award Plaintiff interest including, but not limited to, prejudgment and post judgment interest, and costs; and I. Award Plaintiff such further relief to which the Courts finds Plaintiff entitled under law or equity. JURY DEMAND Plaintiff requests a trial by jury of any and all issues triable of right by a jury. Respectfully submitted, POLSTER LIEDER WOODRUFF & LUCCHESI, L.C.

By:_/s/ J. Philip Polster__________ J. Philip Polster, # 20008MO 12412 Powerscourt Dr., Suite 200 St. Louis, MO 63131 PH: (314)238-2400 F : (314)238-2401 jpolster@PolsterLieder.com