UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DARAMIC, LLC, and

MP ASSETS CORPORATION Plaintiffs, v. ENTEK INTERNATIONAL LLC Defendant. _____________________________________ ) ) ) ) ) ) ) ) ) )

Case No.: 11-cv-676

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs DARAMIC, LLC (DARAMIC) and MP Assets Corporation (MPAC) (collectively, Plaintiffs) hereby file this Complaint for Patent Infringement against Defendant ENTEK International LLC (including its subsidiaries) (ENTEK or Defendant), and alleges as follows: PARTIES 1. DARAMIC, LLC is a limited liability company organized and existing under the

laws of Delaware and has its principal place of business at 11430 N. Community House Road, Charlotte, North Carolina 28277. 2. MPAC is a Corporation organized and existing under the laws of Delaware and

has a place of business at 596 Industrial Park Road, Piney Flats, Tennessee 37686. 3. MPAC is an indirect, wholly owned subsidiary of DARAMIC.

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On information and belief, ENTEK International LLC is a limited liability

company organized and existing under the laws of Delaware with a place of business at 250 N. Hansard Avenue, Lebanon, Oregon 97355. JURISDICTION AND VENUE 5. This is an action for patent infringement arising under the patent laws of the

United States, Title 35, United States Code. 6. 1338(a). 7. Defendant is registered to do business in the State of North Carolina with a This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

designated statutory agent located at 416 U.S. Highway 1, Suite C-101, Youngsville, North Carolina 27596. 8. District. 9. This Court may exercise personal jurisdiction over Defendant consistent with the On information and belief, Defendant conducts business within this State and this

principles underlying the United States Constitution and North Carolina General Statutes 175.4. 10. On information and belief, Defendant has regularly and intentionally conducted

business in this State and this District and is subject to personal jurisdiction in this State and this District by virtue of its contacts here. 11. On information and belief, Defendant has placed products infringing Plaintiffs

patent rights into the stream of commerce while knowing that such products will likely arrive in this State and this District. On information and belief, via the Internet and otherwise, products infringing Plaintiffs patent rights are offered for sale to customers residing in this State and this

District. On information and belief, Defendant has sold such infringing products to battery manufacturers that incorporate the infringing products into batteries that are sold within this State and this District. 12. On information and belief, Defendant ENTEKs conduct of business within this

State and this District includes the sale of products that are manufactured in accordance with a method that infringes Plaintiffs patent rights. On information and belief, Defendant has at least one customer that sells batteries that incorporate such products in this State and this District. 13. Venue is proper in this Court under the provisions of 28 U.S.C. 1391 and

1400. A substantial part of the events giving rise to Plaintiffs claims occurred in this District, ENTEK is subject to personal jurisdiction in this District, ENTEK resides in this District for purposes of venue, and, on information and belief, ENTEK has committed acts of infringement in this District, has contributed to infringement by others in this District, and/or has induced others to infringe in this District. COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,242,127 14. Plaintiffs hereby reallege and incorporate by reference paragraphs 1-13 as if fully

set forth herein. 15. Plaintiff MPAC owns all of the rights and interests in United States Patent No.

6,242,127 (the 127 patent) entitled Polyethylene Separator For Energy Storage Cell, including all rights to sue and collect for past, present, or future infringement of the 127 patent. A true and accurate copy of the 127 patent is attached hereto as Exhibit A. 16. Plaintiff DARAMIC owns Daramic Acquisition Corporation which owns Plaintiff MPAC.

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The 127 patent was duly and legally issued by the United States Patent and

Trademark Office on June 5, 2001. The 127 patent is presumed valid. 18. The 127 patent relates to energy storage cells, polyolefin separators for use in

such energy storage cells, and methods for making battery separators as shown and described in Exhibit A. 19. ENTEK has had actual knowledge of the 127 patent since not later than

November 9, 2010, when ENTEK discussed the 127 patent at length in International Patent Application No. PCT/US2010/056055, which is assigned on its face to Amtek Research International LLC. On information and belief, Amtek Research International LLC is affiliated with Defendant. 20. On information and belief, ENTEK makes, uses, markets, distributes, imports,

offers to sell, and/or sells separators for batteries, including a certain deep cycle separator that is made by ENTEK in a manner that infringes at least one claim of the 127 patent (hereinafter, the Accused Separators). 21. On information and belief, the Accused Separators include a polyolefinic material

that includes about 0.5 to about 30 dry weight percent particulate filler containing cured rubber, and a residual mineral oil content ranging from about 10 to about 20 percent by weight and have an average porosity ranging from about 0.6 to about 2.0 cubic centimeters per gram as determined by a mercury intrusion method. 22. On information and belief, at least some of the Accused Separators include

vulcanized rubber. 23. On information and belief, at least some of the Accused Separators include a

mixture of vulcanized rubber and porous silica.

24. natural rubber. 25.

On information and belief, at least some of the Accused Separators include cured

On information and belief, at least some of the Accused Separators include an

ultra high molecular weight polyethylene. 26. As described in International Patent Application No. PCT/US2010/056055,

(Published as WO 2011/059981 A1 on 19 May 2011), Defendant utilizes rubber derived from tires in at least some of Defendants battery separator products, and otherwise describes the use of a process that infringes the 127 patent. 27. ENTEK has infringed and continues to infringe the 127 patent within the

meaning of 35 U.S.C. 271 by, without Plaintiffs authority, performing at least one of the methods claimed in the 127 patent and by making, using, importing, selling, and/or offering for sale the Accused Separators in the United States. 28. On information and belief, ENTEK is actively, intentionally, and/or knowingly

inducing the direct infringement of the 127 patent by others, including but not limited to entities that are under the ownership and/or control of ENTEK. 29. On information and belief, ENTEK is actively, intentionally, and/or knowingly

contributing to the direct infringement of the 127 by others, including, but not limited to entities that are under the ownership and/or control of ENTEK. 30. On information and belief, ENTEKs infringement has been intentional and

willful, making this an exceptional case. 31. Plaintiff has been damaged by ENTEKs infringing conduct and by ENTEKs

conduct in contributing to and inducing infringement of the 127 patent by others.

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Plaintiff has been and will continue to be irreparably harmed by ENTEKs

infringement of the 127 patent unless injunctive relief is entered by the Court.

WHEREFORE, Plaintiff respectfully prays for: (A) 271; (B) Judgment that ENTEK has contributed to the infringement of the 127 patent by Judgment that ENTEK has infringed the 127 patent in violation of 35 U.S.C.

others and induced the infringement of the 127 patent by others in violation of 35 U.S.C. 271; (C) An injunction against further infringement of the 127 patent by ENTEK, its

agents, servants, employees, officers, and all others controlled by them; (D) An injunction against further conduct constituting contributory infringement of

the 127 patent or inducement of infringement of the 127 patent by ENTEK, its agents, servants, employees, officers, and all others controlled by them; (E) An award to Plaintiff of such monetary damages to which it is entitled pursuant to

35 U.S.C. 284; (F) Judgment that ENTEKs infringement of the 127 patent has been willful, and that

the present case is exceptional within the meaning of 35 U.S.C. 285; (G) (H) An award to Plaintiff of enhanced damages pursuant to 35 U.S.C. 284; An award to Plaintiff of its costs, expenses, and fees, including reasonable

attorneys fees, pursuant to 35 U.S.C. 284 and 285; (I) An award to Plaintiff of interest on the amount awarded as damages at the

maximum rate allowed by law; and (J) Any further relief as the Court deems just, equitable, and proper.

JURY TRIAL DEMAND Plaintiff respectfully requests that all issues so triable be tried by and before a jury.

Respectfully submitted this the 30th day of December, 2011.

/s/ J. Mark Wilson James P. McLoughlin N.C. State Bar Number 13795 J. Mark Wilson N.C. State Bar Number 25763 MOORE & VAN ALLEN PLLC 100 North Tryon Street Suite 4700 Charlotte, NC 28202-4003 Telephone: 704-331-1000 Facsimile: 704-331-1159 Email: jimmcloughlin@mvalaw.com markwilson@mvalaw.com Attorneys for Plaintiffs