neal et. al. v. au

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John D. Titus (#012912)Bradley P. Hartman (#017263)HARTMAN TITUS PLC7114 E. Stetson Drive, Suite 205

Scottsdale, AZ 85251-3250Phone: (480) 659-0019Fax: (480) 659-3304Email: [email protected]

[email protected]

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Gene Neal and Kennieth Neal,individuals,

Plaintiffs,

vs.

Vince Au, an individual dba InnovativePerformance Research,

Defendant.

No.

COMPLAINT

(Patent Infringement)

For their complaint against Defendant, plaintiffs Gene Neal and Kennieth Nea

(collectively, the Neals) allege as follows:

1. The Neals are citizens of the United States domiciled in Arizona doingbusiness as Bulletproof Diesel and having a business address at 4245 E. Palm St., Mesa

Arizona 85215.

2. On information and belief, defendant Vince Au is a resident of Californiadoing business as Innovative Performance Research (IPR) and having a business address a

3367 Nevada Ave., El Monte, California 91731.

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3. If married, all of the actions of Defendant Au as alleged herein were taken onbehalf of his marital community. Plaintiffs reserve the right to amend the complaint to nam

the spouse of Defendant Au as an additional defendant if and when his or her identity i

known.

4. This is an action arising under the Patent Laws of the United States, title 35 othe United States Code. Original jurisdiction is predicated under 28 U.S.C. 1332 and

1338. Venue in Arizona is proper under 28 U.S.C. 1391 and 1400.

5. For many years, the Neals have been in the business of designing andmanufacturing aftermarket parts for vehicles, and in particular, aftermarket parts for diesepowered vehicles, which the Neals market and sell under the brand Bulletproof Diesel

Bulletproof Diesel is widely recognized as the industry leader in aftermarket oil-coole

relocation kits for Diesel engines.

6. In or about July 2009, the Neals introduced an oil-cooler relocation kit for thInternational VT365 engine also knows as the Ford 6.0L Powerstroke Diesel. Th

Bulletproof Diesel oil cooler relocation kit solved a serious reliability problem with the

original equipment oil cooler, the failure of which often led to coolant leaking into the

lubrication system of the engine with ruinous results.

7. Contemporaneous with the introduction of the Bulletproof Diesel oil coolerelocation kit, the Neals applied for a provisional patent on the invention. The application

titled "ENGINE OIL COOLER," was filed in the names of Gene Neal and Kennieth Neal o

July 23, 2009.

8. The aforementioned application was followed by a utility patent application othe same name, filed on July 22, 2010. This application was allowed by the United State

Patent and Trademark Office, which issued the application as United States Patent No

8,375,917 ("the '917 Patent") on February 19, 2013.

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9. The Neals are and have continuously been the owners of all right, title andinterest in and to the '917 Patent.

10. Prior to February 19, 2013, the Neals became aware of an oil cooler relocationkit model #EOC-60037 advertised by IPR on its web site which

appeared to infringe the 917 patent. A copy of the sell page for the EOC-60037 is attached

hereto as Exhibit A.

11. After completing its investigation confirming its suspicions that the EOC60037infringed the '917 Patent, by letter dated February 19, 2013, the Neals notified IPR tha

it believed the EOC-60037 oil cooler relocation kit infringed the '917 Patent and demandedinter alia, that IPR immediately discontinue advertising and selling the EOC-60037 oi

cooler relocation kit. A copy of the aforementioned letter is attached as Exhibit B hereto.

12. As of the date hereof, IPR is continuing to advertise the EOC-60037 for saleand, on information and belief, has no intent to cease advertising and selling theEOC-60037

oil cooler relocation kit.

13. As a result of IPR's infringement and continuing infringement of the '917Patent, the Neals have suffered and will continue to suffer damage.

14. IPR's infringement of the '917 patent will continue unless enjoined by thiCourt.

WHEREFORE the Neals pray that this court enter judgment:

A. Enjoining IPR and its related parents, subsidiaries, agents, officers, partners

employees and all others acting in concert with it from the manufacture, importation

use, offer for sale and sale of oil cooler relocation kits or parts thereof that infringe

United States Patent No. 8,375,917.

B. Ordering IPR to account for its profits and the damages to the Neals from suc

infringement and awarding such profits and damages to the Neals;

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C. Assessing costs and interest against IPR; and

D. Granting such other relief as is just and proper.

DATED this 26th day of February, 2013.

HARTMAN TITUS PLC

By: s/ Bradley P. Hartman

Bradley P. HartmanJohn D. Titus7114 E. Stetson Drive, Suite 205Scottsdale, Arizona 85251-3250

Attorneys for Plaintiffs

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EXHIBIT A

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Home * Ford Diesel 6.0 * IPR Oil Cooler Systems & Kits * IPR External Oil Cooler Kit for Ford 6.0 Powerstroke

IPR External Oil Cooler Kit for Ford 6.0 Powerstroke

Page 1 of 3IPR External Oil Cooler Kit for Ford 6.0 Powerstroke

2/26/2013http://www.iprresearch.com/product.php?printable=Y&mode=add&productid=120&cat=5...

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IPR's external oil cooler kit is now available! The benefits of using this kit will allow the

coolant to be filtered at 100% duty cycle with IPR's serviceable stainless steel filter

element. The coolant filter included in this kit is not a bypass filter like most other "coolant

filter kits" on the market where they are designed as a bypass filtration that filters only 10

-15% of the coolant. IPR's coolant filter is designed to completely filter out all

contaminates. The base kit with the standard coolant filter is pictured as the black

canister. IPR highly recommends ordering your kit with the optional HIgh Flow Coolant

Filter. The additional benefits of an externally mounted oil cooler is that the oil cooler is

allowed to work more efficiently. The OEM internally mounted design inhibits more heat

when mounted inside the engine block bathed in hot oil.

IPR's external mount design will save you thousands of dollars in labor if a oil cooler is to

ever fail again by allowing the technician to replace oil coolers in less than 20 minutes. An

average labor cost to replace a OEM oil cooler can cost upwards of $600-$900 plus the

cost of an new oil cooler $350. This kit will pay for itself if you have 1 oil cooler failure.

This kit retails for $1349 and includes a new OEM oil cooler.

I've also included several picture of the sand and oil that the coolant filter trapped during

the first 500 miles, these photo's were taken after the coolant was flushed about 10 times

to remove the oil that was in the coolant when our test truck's OEM oil cooler failed.

Based on this particular test we learned that regardless of how many times you flush your

coolant prior to installing a new oil cooler, the new oil cooler will just end up plugged up

the first 500 miles if a coolant filter is not installed.We ran another truck with a brand new oil cooler without the coolant filter, that oil cooler

is now junk. The oil temps are 18 degrees higher than the coolant temp. The new oil

cooler plugged up less than 1500 miles on it.

Upgrade and Options

Stainless Steel Braided HoseStainless steel braided hose is much more durable than our standard hydraulic hose. The

stainless steel hose's upgrade features AN fittings that can be disassembled and reused.

This is a great option if you want to make custom lengths for your application by simply

purchasing longer hoses. Stainless steel braided hose also makes your engine bay stand

out and give it the custom look!

High Flow Coolant FilterIPR highly recommends upgrading to our High Flow Coolant Filter. The EOC kit does

include a economical standard filter which is shown in the picture. The standard filter

requires much more cleaning depending on the condition of your coolant system.

The benefits of the IPR High Flow Coolant Filter is increased flow which will decrease oil

temps by as much as 4-6 degrees. The increased size of the filter allows for longer

intervals between servicing and features a magnet which attracts microscopic metallic

particles such as rust from cast iron fallout from the engine block. The spin on design

also makes servicing your filter much more convenient.

Extra FiltersIPR makes servicing your oil filter easy. Filter kits include 3 orings proprietory to IPR's

External Oil Cooler kit. Save on shipping fees by ordering extra filter.

Filters can also be purchased through your local auto parts store however the 3 oringsrequired will not be included.

See youtube video on IPR External Oil Cooler Temp Spread

See youtube video on IPR External Oil Cooler Temp Spread Towing

Benefits and FAQ regarding IPR's External Oil Cooler Kit

IPR solved 2 major problems with the Ford 6.0 oil cooler failure issues. First, by removing

the internally mounted OEM oil cooler and relocating it next to the battery we were able



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Our price: $1349.00

Tweet 0

SKU EOC-60037

Weight 21.00 lbs

Stainless Steel Braided Hose

Upgrade

No Stainless Hose

High Flow Coolant Filter No High Flow Coolant Filter

Purchase Extra Filters Add 0 additional oil filters

Quantity 1

Like 33 Send

Copyright 2009-2013 Innovative Performance Research Powered by MudN'Works Web Development



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EXHIBIT B

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7114 E. Stetson Drive Suite 205 Scottsdale, Arizona 85251-3250 T. 480.659.0019 F. 480.659.3304

www.hartmantitus.com

John D. Titus

Registered Patent Attorney

Direct Dial: 480.659.6319

Direct Fax: 480.659.3304

[email protected]

February 19, 2013

Via e-mail Copy via First Class Mail

Vince Aud/b/a Innovative Performance Research3367 Nevada AveEl Monte, California 91731

Re: Neal Technologies, Inc.Intellectual Property Rights EnforcementOur File No.: 1317.5001

Dear Mr. Au:

This law firm represents Neal Technologies, Inc. d/b/a Bulletproof Diesel and itsprincipal inventors Ken Neal and Gene Neal regarding enforcement of intellectualproperty rights. It has come to our attention that Innovative Performance Research(hereinafter "IPR") is offering for sale and/or selling certain external oil cooler

installation kits for the Ford Powerstroke 6.0L Diesel engine including the external oilcooler kit EOC-60037 advertised for sale on the website .

Please be advised the EOC-60037 oil cooler kit infringes US Patent 8,375,917owned by Ken Neal and Gene Neal and licensed exclusively to Bulletproof Diesel. Acopy of US Patent 8,375,917 is attached hereto for your reference. According to USpatent laws aggrieved parties, such as Bulletproof Diesel, are entitled to damages andinjunctive relief to preclude the importation, manufacture, sale, offer for sale, or use of adevice that infringes a United States patent. Moreover, any continued infringement afterreceipt of this notice may be considered willful infringement, entitling Bulletproof Dieselto recover treble damages and attorneys fees.

Bulletproof Diesel hereby demands that you IMMEDIATELY DISCONTINUE allacts that infringe Bulletproof Diesels patent rights. IPR must immediately discontinueall advertising of the EOC-60037 oil cooler kit including but not limited to all webadvertising. All inventories of the EOC-60037 in IPRs possession or control should besecured, prepared for shipment and delivered to Bulletproof Diesel by February 28, 2013.

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Vince AuFebruary 19, 2013Page 2

In the interim, IPR shall make all subject inventories available for inspection byBulletproof Diesel upon reasonable notice.

IPR shall NOT return or transfer any of the EOC-60037 oil cooler kits orcomponents to its supplier(s) or others. Any EOC-60037 oil cooler kits or parts thereofcurrently en route from any supplier(s) (by sea, air or ground) should be securely storedimmediately upon delivery to IPR. Any such shipments must be shipped to BulletproofDiesel within three days of receipt by IPR.

Additionally, on or before February 28, 2013 IPR shall:

1. Confirm in writing that IPR has ceased handling, either directly or indirectly,all EOC-60037 oil cooler kit and/or components (hereinafter referred tocollectively as the PRODUCTS) as of the date of receipt of this letter.Handling includes, but is not limited to, manufacturing, importing (into theUnited States), using, selling, or offering to sell within the United States.

2. Identify all past and present suppliers of the PRODUCTS. Full disclosure isrequired, including all domestic and foreign based manufactures, exporters ordistributors.

3. Deliver to the undersigned all documents including invoices and purchaseorders regarding purchases, importation, sales and/or distribution of the

PRODUCTS by IPR.

Should you fail to provide written confirmation of your intent to comply fully withthe terms herein by February 28, 2013, Bulletproof Diesel may take any and all action itdeems appropriate up to and including filing a complaint in the United States DistrictCourt.

This letter is being sent in an attempt to achieve prompt and informal resolution ofthis matter and is privileged as such under Fed. R. Evid. 408 and other law. Nothingcontained herein or omitted herefrom is intended to or should be deemed an admission of

any fact or a waiver of any right or defense, all of which are expressly reserved. You arealso advised that you should consult with your counsel regarding preservation ofelectronic records as spoliation of any evidence material to this matter may be punishableby applicable law. If you have any questions or need instructions regarding how tocomply with the foregoing, please have your attorney contact me. Thank you.

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Vince AuFebruary 19, 2013Page 3

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