On June 29, 2021, AOS Holding Company and A. O. Smith Corporation (collectively, “AOS” or “Plaintiffs”), represented by David A. Bilson of Phillips, Goldman, McLaughlin & Hall, P.A. and John C. Phillips, Jr. of Phillips, McLaughlin & Hall, P.A. filed an Intellectual Property Lawsuit against Rheem Manufacturing Company (“Rheem” or “Defendant”), seeking declaration of infringement, compensatory damages and costs for allegedly infringing the patented technology related to a Gas Water Heater owned by Plaintiffs. This case was filed in U.S. District Court in the District of Delaware with Judge Leonard P. Stark presiding.
In their complaint, the Plaintiffs alleged that, “The owner of the ’897 patent by assignment is AOS Holding Company. A. O. Smith Corporation is the only licensee of the ’897 patent, and as such A. O. Smith Corporation is the only entity other than AOS Holding Company permitted to practice and/or profit from the invention embodied in the ’897 patent. The Rheem GNU water heaters incorporate AOS’s innovative and patented technology. The Rheem GNU water heaters directly infringe AOS’s ’897 patent or induce infringement by their installers and/or users.”
Plaintiffs further alleged that, “Rheem’s unauthorized infringing activities are interfering with AOS’s customer relationships and causing AOS to incur monetary damages and suffer irreparable harm. AOS brings this action seeking relief for Rheem’s ongoing patent infringement. Upon information and belief, Rheem is and has been aware of its infringement of AOS’s ’897 patent at least due to its knowledge about the lawsuit AOS filed against Bradford White Corporation in this Court (C.A. No. 18-412-LPS), and yet Rheem has failed to cease its infringing activities.”
Plaintiffs also alleged that, “As a direct and proximate result of Rheem’s conduct, AOS has suffered and will continue to suffer substantial injury and damage in an amount to be determined at trial, as well as irreparable harm, for which AOS has no adequate remedy at law, unless Rheem is enjoined from infringing the ʼ897 patent.”
There is one claim for relief by the Plaintiffs dealing with the alleged infringement of U.S. Patent No. 8,375,897 wherein Plaintiffs alleged that Rheem’s acts infringing the ’897 patent will continue unless enjoined by the Court, and will cause AOS further injury and damage, including immediate and irreparable harm that cannot be adequately compensated by monetary damages.
In their prayer for relief the Plaintiffs requested the court to enter an order against Defendant finding that Rheem has infringed the ʼ897 patent, preliminary and permanent injunction enjoining Rheem directly or indirectly, from contributing to the infringement of the ʼ897 patent, awarding damages adequate to compensate AOS for Rheem’s past infringement of the of the ʼ897 patent together with pre-judgment interest, post-judgment interest. Plaintiffs further requested the Court to award AOS treble damages as a result of Rheem’s willful and deliberate infringement of the ʼ897 patent, declare that this is an exceptional case entitling AOS to its reasonable attorneys’ fees under 35 U.S.C. § 285, and grant other reliefs as deemed appropriate by the Court.
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Disposed - Other Disposed
Intellectual Property - Patent
Leonard P. Stark
A.O. Smith Corporation
AOS Holding Company
Rheem Manufacturing Company
John C. Phillips, Jr.
Attorney at Phillips, McLaughlin & Hall, P.A.
1200 N. Broom St
Wilmington, DE 19806
David A. Bilson
Attorney at Phillips, Goldman, McLaughlin & Hall, P.A.
1200 North Broom Street
Wilmington, DE 19806
Civil Cover Sheet
Docket(#7) Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 07/26/2021)[+] Read More [-] Read Less
DocketCASE CLOSED (ntl) (Entered: 07/26/2021)[+] Read More [-] Read Less
Docket(#6) NOTICE of Voluntary Dismissal by A.O. Smith Corporation, AOS Holding Company (Phillips, John) (Entered: 07/26/2021)[+] Read More [-] Read Less
DocketCase Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 07/07/2021)[+] Read More [-] Read Less
Docket(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (apk) (Entered: 06/29/2021)[+] Read More [-] Read Less
Docket(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent A.O. Smith Corporation for AOS Holding Company and A.O. Smith Corporation. filed by AOS Holding Corporation, A.O. Smith Corporation (apk) (Entered: 06/29/2021) (Entered: 06/29/2021)[+] Read More [-] Read Less
Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,375,897. (apk) (Entered: 06/29/2021)[+] Read More [-] Read Less
Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 06/29/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Rheem Manufacturing Company - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3646704.) - filed by AOS Holding Company, A.O. Smith Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(apk) (Entered: 06/29/2021)[+] Read More [-] Read Less
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