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IN THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

MAHLE FILTERSYSTEME GMBH, 

 Plaintiff, Case No. 

v. 

 

WIX FILTRATION CORP LLC and 

AFFINIA GROUP, INC., 

Defendants

______________________________________/ 

COMPLAINT FOR PATENT INFRINGEMENT 

 Plaintiff Mahle Filtersysteme GmbH (“Mahle”), by its attorneys, Rader, 

Fishman & Grauer, PLLC, for its Complaint against Defendants WIX Filtration 

Corp, LLC (“WIX”) and Affinia Group, Inc. (“Affinia”), states and alleges as 

follows: 

THE PARTIES 

1. Plaintiff Mahle is a German limited liability company having its 

principal place of business at Pragstr. 26-46, 70376 Stuttgart, Germany. Numerous 

companies located in the Eastern District of Michigan are wholly owned by 

Mahle’s parent company, Mahle GmbH, including companies with sales, 

aftermarket and filtration operations in Farmington Hills, Troy and Wixom. 

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2. Upon information and belief, Defendant WIX is a Delaware limited 

liability company with its principal place of business at 1 WIX Way, Gastonia, NC 

28053. 

3. Upon information and belief, Defendant Affinia is a Delaware 

corporation with its principal place of business at 1 WIX Way, Gastonia, NC 

28053 and is the parent company of WIX. 

JURISDICTION AND VENUE 

4. This is an action for patent infringement under the patent laws of the 

United States, Title 35, United States Code, specifically §§ 271 and 281-285. This 

Court has subject matter jurisdiction under Title 28 United States Code §§ 1331 

and 1338(a). 

5. Personal jurisdiction over Defendants comports with the United States 

Constitution and M.C.L. § 600.711 because Defendants conduct and solicit 

business within this district and derive substantial revenue from the sales of their 

products within this district and elsewhere in Michigan, including the commission 

of acts of infringement by offering for sale and selling products that infringe one or 

more claims of United States Patent No. 6,936,169 (“the ’169 Patent”). 

6. Venue is properly within the district under Title 28 United States 

Code §§ 1391and 1400. 

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BACKGROUND 

7. Mahle is the owner, by valid assignment, of all right, title, and interest 

in and to the’169 Patent, including the right to seek remedies and relief for past 

infringement thereof. Mahle owned the ‘169 Patent throughout the period of 

Defendants’ infringing acts and still owns the ‘169 Patent. 

8. The’169 Patent entitled “Liquid Filter, Especially an Oil Filter” was 

duly and legally issued by the United States Patent and Trademark Office on 

August 30, 2005, after full and fair examination. A true copy of the ‘169 Patent is 

attached hereto as Exhibit A. 

9. Defendants have in the past used, offered to sell, sold, distributed and 

imported and currently use, offer to sell, sell, distribute and import within the 

United States, including the Eastern District of Michigan, oil filter elements, 

including but not limited to part number 57050 (the “WIX Filters”), that infringe 

one or more of the claims of the ‘169 Patent. 

10. On several occasions and at least as early as April 2, 2013, Mahle 

provided Defendants with written notice of its patented filter, part number OX 

417D OF. 

11. On several occasions, and at least as early as June 7, 2013, Mahle 

provided Defendants with notice of its patents, including at least the ‘169 patent. 

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12. At least as early as June 7, 2013, Defendants acknowledged notice of 

Mahle’s patents. 

13. Defendants have, therefore, willfully, deliberately and wantonly 

engaged in acts of infringement of the patents-in-suit and such acts of infringement 

will continue unless enjoined by this Court according to 35 U.S.C. §283. 

COUNT I 

INFRINGEMENT OF THE ‘169 PATENT 

14. Mahle incorporates each of the preceding paragraphs 1 - 13 as if fully 

set forth herein. 

15. On information and belief, Defendants sell products that infringe the 

‘169 Patent. 

16. Defendants are infringing at least claims 1, 6 and 7 of the ‘169 Patent 

literally, or under the doctrine of equivalents, by using, offering to sell, selling and 

distributing in the United States, including in the Eastern District of Michigan, and 

importing into the United States including in the Eastern District of Michigan, the 

WIX Filters. 

17. Defendants’ actions were undertaken with full knowledge of the ‘169 

Patent and in willful disregard and willful infringement thereof. 

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18. By their wrongful acts, Defendants have, and unless restrained by the 

Court, will continue to cause serious irreparable injury and damage to Mahle, 

including diversion of customers, lost sales and lost profits. 

DEMAND FOR RELIEF 

 WHEREFORE, Mahle respectfully requests that judgment be entered in its 

favor and against Defendants WIX and Affinia as follows: 

a. That Defendants have infringed the ‘169 Patent; 

b. That Defendants and their respective agents, servants, officers, 

directors, employees, and all persons acting in concert with them, directly or 

indirectly, be temporarily and permanently enjoined from the infringement of the 

‘169 Patent; 

c. That Defendants be ordered to account for and pay to Mahle the 

damages to which Mahle is entitled as a consequence of the infringement of the 

’169 Patent, together with pre-judgment interest and costs; 

d. That a post-judgment equitable accounting of damages be ordered for 

the period of infringement of the ‘169 Patent; 

e. That Defendants be adjudged willful infringers and be ordered to pay 

treble damages pursuant to Title 35 United States Code § 284; 

f. That this case be declared an “exceptional case” pursuant to 35 U.S.C 

§ 285 and Mahle be awarded its costs, disbursements and attorneys’ fees; and 

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g. That Mahle be awarded such other and further relief as the Court may 

deem just and equitable. 

JURY DEMAND 

 Mahle demands a jury trial on all issues triable to a jury in this matter. 

Respectfully submitted, 

RADER, FISHMAN & GRAUER PLLC

Dated: August 4, 2014 /s/Michael B. Stewart (P45318) 

Michael B. Stewart (P45318) 

Lisa Rycus Mikalonis (P39485) 

39533 Woodward Avenue 

Bloomfield Hills, MI 48304 

Tel: (248) 594-0600 

Fax: (248) 594-0610 

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CERTIFICATE OF SERVICE 

I hereby certify that on August 4, 2014, I electronically filed the foregoing 

paper with the Clerk of the United States District Court, Eastern District of 

Michigan, using the CM/ECF system, which shall send notification of such filing 

to all counsel of record. 

/s/ Michael B. Stewart (P45318) 

Michael B. Stewart (P45318) 

RADER, FISHMAN & GRAUER PLLC 

39533 Woodward Avenue 

Bloomfield Hills, MI 48304 

mbs@raderfishman.com 

Attorneys for Plaintiff 

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