IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

CLEARLAMP, LLC, 

 a Kansas limited liability company, 

 Plaintiff, 

v. 

LKQ CORPORATION, 

 a Delaware corporation, 

 Defendant. 

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Case No.: __________ 

Jury Trial Demanded 

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, Clearlamp, LLC (“Clearlamp” or “Plaintiff”), by and through its undersigned 

counsel, states and alleges for its Complaint against Defendant, LKQ Corporation (“LKQ” or 

“Defendant”), as follows: 

PARTIES

1. Plaintiff Clearlamp, LLC is a Missouri limited liability company with its principal 

place of business at 13924 Mackey Street, Overland Park, Kansas 66223. 

2. Defendant LKQ Corporation is a Delaware corporation with its principal place of 

business at 500 West Madison Street, Suite 2800, Chicago, IL 60661. 

JURISDICTION AND VENUE

3. This is an action for patent infringement in which Clearlamp seeks preliminary 

and permanent injunctive relief as well as damages resulting from LKQ’s infringement of U.S. 

Patent No. 7,297,364 (the “‘364 Patent”). 

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4. This Court has personal jurisdiction over LKQ because Defendant does business 

in this District, committed a tort within this District, and, in fact, is a resident of this District, 

with its principal place of business located in this District at 500 West Madison Street, Suite 

2800, Chicago, IL 60661. 

5. This Court has subject matter jurisdiction over Clearlamp’s claims under 28 

U.S.C. §§ 1331 and 1338(a) because those claims arise under the patent laws of the United 

States, 35 U.S.C. §§ 101, et seq. 

6. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400(b). 

FACTUAL BACKGROUND

7. The ‘364 Patent is entitled, “Method for Refurbishing Lamp Services,” and was 

duly and properly issued by the United States Patent Office on November 20, 2007. A true and 

correct copy of the ‘364 Patent is attached hereto as Exhibit A. 

8. Clearlamp is the owner by assignment of all right, title and interest in the ‘364 

Patent. Clearlamp has granted a license under the ‘364 Patent to Clearlamp Technics, LLC 

(“Clearlamp Technics”), pursuant to which Clearlamp Technics refurbishes motor vehicle head 

and tail lamps for re-use and re-sale. 

9. LKQ has infringed and continues to infringe the ‘364 Patent by making, using, 

offering to sell, and/or selling products, services, systems and/or methods that infringe the claims 

of the ‘364 Patent. Specifically, LKQ uses the methods claimed by the ‘364 Patent to refurbish 

motor vehicle head and tail lamps for re-use and re-sale. 

10. LKQ markets the products that are made using the infringing methods and its 

infringing services through its website www.lkqcorp.com. A true and correct copy of relevant 

excerpts from LKQ’s 10-K Annual Report, filed with the U.S. Securities Exchange and 

Case: 1:12-cv-02533 Document #: 1 Filed: 04/05/12 Page 2 of 6 PageID #:2
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Commission on February 27, 2009, is attached hereto as Exhibit B. On page 8 of Exhibit B, 

LKQ references its use, offer for sale and sale of the infringing methods, stating that “[w]e 

refurbish head and tail lamps. The refurbishing process for lamps includes: a proprietary method 

of repairing the housing; sanding and buffing to remove imperfections; cleaning the lamp; recoating the lens with a UV protectant coat; reassembling; and inspecting and packaging.” 

Count I

Infringement of the ‘364 Patent under 35 U.S.C. § 271

11. Clearlamp re-alleges and incorporates by reference all of the foregoing paragraphs 

as if fully set forth herein. 

 12. LKQ directly infringes, actively induces infringement, and/or contributes to the 

infringement of the ‘364 Patent within the meaning of 35 U.S.C. § 271 by making, using, selling 

and/or offering to sell the infringing products and services within the United States and through 

performance of the methods claimed in the ‘364 Patent. 

 13. LKQ has directly infringed the ‘364 Patent, including but not limited to Claim 1 

thereof, by making, using, selling and offering for sale motor vehicle lamps which have been 

refurbished using the methods claimed by the ‘364 Patent within the United States, and by 

performing the methods claimed by the ‘364 Patent within the United States. 

14. LKQ’s products and services at issue constitute a component of a patented 

machine, article, manufacture, combination, or composition, or a material or apparatus for use in 

practicing processes patented by the ‘364 Patent. 

15. LKQ’s products and services at issue constitute a material part of the invention 

claimed by the ‘364 Patent, and LKQ knows and has known that the same are especially made or 

especially adapted for use in an infringement of the ‘364 Patent. 

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16. LKQ’s products and services at issue are not staple articles or commodities of 

commerce suitable for substantial noninfringing use. 

17. Others directly infringe the ‘364 Patent by making, using, selling, and/or offering 

to sell infringing products and services within the United States. 

 18. Others directly infringe the ‘364 Patent through performance of the methods 

claimed in the ‘364 Patent using LKQ’s products and services. 

 19. On information and belief, LKQ has actual or constructive knowledge of the ‘364 

Patent. 

 20. On information and belief, LKQ knows that others infringe the ‘364 Patent by 

making, using, selling and/or offering for sale infringing products and services within the United 

States. 

21. On information and belief, LKQ specifically intends to induce others to infringe 

the ‘364 Patent and/or perform the methods claimed in the ‘364 Patent by using LKQ’s products 

and services. 

 22. On information and belief, LKQ specifically intends and takes steps to ensure that 

others will directly infringe the ‘364 Patent through the sale, purchase and/or use of LKQ’s 

products and services. 

23. LKQ’s conduct has damaged and will continue to damage Clearlamp in an 

amount to be proven at trial. 

24. LKQ’s infringement of the ‘364 Patent is and has been willful, making this case 

exceptional under 35 U.S.C. § 285. LKQ was provided notice of the ‘364 Patent no later than 

January 4, 2008. 

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25. LKQ threatens to continue to engage in the acts complained of herein and, unless 

restrained and enjoined, will continue to do so, all to Clearlamp’s irreparable injury. It would be 

difficult to ascertain the amount of compensation that would afford Clearlamp adequate relief for 

such future and continuing acts, and a multiplicity of judicial proceedings would be required. 

Clearlamp does not have an adequate remedy at law to compensate it for the injuries threatened. 

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff Clearlamp hereby 

demands a trial by jury on all issues so triable. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, Clearlamp, LLC, respectfully prays for judgment against 

Defendant LKQ Corporation as follows: 

A. A judgment preliminary and permanently enjoining Defendant LKQ Corporation 

and any person acting in concert or cooperation with it from further infringing the ‘364 Patent; 

B. A judgment that Defendant LKQ Corporation has infringed the ‘364 Patent; 

C. An award equal to the damages suffered by Plaintiff Clearlamp, LLC resulting 

from Defendant LKQ Corporation’s infringement of the ‘364 Patent, including interest and costs; 

D. Enhanced damages in accordance with the provisions of 35 U.S.C. § 284 due to 

Defendant LKQ Corporation’s willful infringement; 

E. A finding that this case is exceptional under the provisions of 35 U.S.C. § 285; 

F. An award to Plaintiff Clearlamp, LLC of its reasonable attorneys’ fees pursuant to 

35 U.S.C. § 285; and 

G. That Plaintiff Clearlamp, LLC be granted such other and further relief as the 

Court deems just and proper. 

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524474.2 

Dated: April 5, 2012 Respectfully submitted by:

POLSINELLI SHUGHART PC 

By: /s/ Keith J. Grady 

KEITH J. GRADY (#90785673) 

GRAHAM L.W. DAY (#6273829) 

100 South Fourth Street, Suite 1000 

St. Louis, MO 63102 

Tel. No. (314) 889-8000 

Fax No. (314) 231-1776 

kgrady@polsinelli.com

gday@polsinelli.com

R. DAN BOULWARE 

TODD BARTELS 

3101 Frederick Avenue 

St. Joseph, MO 64506 

Tel. No. (816) 364-2117 

Fax No. (816) 279-3977 

dboulware@polsinelli.com

tbartels@polsinelli.com

ATTORNEYS FOR PLAINTIFF 

CLEARLAMP, LLC 

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