Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 1 of 52 PageID #: 1
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`HUBER ENGINEERED WOODS LLC,
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`LOUISIANA-PACIFIC CORPORATION,
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`COMPLAINT
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`Plaintiff,
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`Defendant.
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`C.A. No. _______________
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`JURY TRIAL DEMANDED
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`
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`Plaintiff Huber Engineered Woods LLC (“HEW”), through its undersigned attorneys, for
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`its Complaint against Defendant Louisiana-Pacific Corporation (“LP”), alleges as follows:
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`THE PARTIES
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`1.
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`HEW is a Delaware limited liability company with its principal place of business
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`at Suite 300, One Resource Square, 10925 David Taylor Drive, Charlotte, North Carolina 28262.
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`2.
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`LP
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`is a Delaware corporation with
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`its principal place of business at
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`414 Union Street, Suite 2000, Nashville, Tennessee 37219.
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`JURISDICTION
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`3.
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`This is an action for patent infringement arising under the Acts of Congress
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`relating to patents, 35 U.S.C. §§ 271, et seq.
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`4.
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`This Complaint contains counts alleging that LP directly infringes, and will
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`continue to directly infringe, the asserted patents. Further, the counts of the Complaint allege
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`that LP will contribute to the infringement of the asserted patents and will induce infringement of
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`the asserted patents, and the counts seek a declaration of this indirect infringement by the Court.
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`This Court has subject matter jurisdiction over the direct infringement allegations under
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`28 U.S.C. §§ 1331 and 1338(a). This Court has subject matter jurisdiction over the contributory
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 1
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 2 of 52 PageID #: 2
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`infringement and inducement of infringement allegations pursuant to 28 U.S.C. §§ 1331 and
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`1338(a) and pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202.
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`5.
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`This Court has personal jurisdiction over LP because LP is incorporated in
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`Delaware.
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`6.
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`Venue is proper in this District under 28 U.S.C. §1400(b) because LP is
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`incorporated in this District.
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`The Patents In Suit
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`BACKGROUND
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`7.
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`HEW develops and sells innovative engineered wood products and systems,
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`including structural sheathing systems used in the construction of buildings under the Zip
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`System® trademark. Among other things, HEW’s structural sheathing systems provide
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`structural support for buildings, while also providing air and water resistance that protects
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`buildings from weather during construction. HEW owns several patents directed to such
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`structural sheathing systems, including the patents at issue in this lawsuit, United States Patent
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`Nos. 8,474,197; 9,010,044; 9,382,713; 9,546,479; 9,689,159; 9,695,588; 9,702,140 and
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`10,072,415 (collectively, “the Patents in Suit”). A photograph showing HEW’s ZIP System®
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`panels in combination with ZIP System™ tape (collectively, “ZIP System Sheathing”) is below.
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`2
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 2
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 3 of 52 PageID #: 3
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`Photograph of HEW’s ZIP System Sheathing
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`8.
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`On July 2, 2013, the United States Patent and Trademark Office (“PTO”) duly
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`and legally issued United States Patent No. 8,474,197 (“the ’197 patent”), titled Panel for
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`Sheathing System and Method, to HEW. HEW is the owner of all right, title, and interest in the
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`’197 patent. A true and correct copy of the ’197 patent is attached hereto as Exhibit A.
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`9.
`
`On April 21, 2015, the PTO duly and legally issued United States Patent No.
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`9,010,044 (“the ’044 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’044 patent. A true and correct copy of the ’044
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`patent is attached hereto as Exhibit B.
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`10.
`
`On July 5, 2016, the PTO duly and legally issued United States Patent No.
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`9,382,713 (“the ’713 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’713 patent. A true and correct copy of the ’713
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`patent is attached hereto as Exhibit C.
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`3
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 3
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 4 of 52 PageID #: 4
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`11.
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`On January 17, 2017, the PTO duly and legally issued United States Patent No.
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`9,546,479 (“the ’479 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’479 patent. A true and correct copy of the ’479
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`patent is attached hereto as Exhibit D.
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`12.
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`On June 27, 2017, the PTO duly and legally issued United States Patent No.
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`9,689,159 (“the ’159 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’159 patent. A true and correct copy of the ’159
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`patent is attached hereto as Exhibit E.
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`13.
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`On July 4, 2017, the PTO duly and legally issued United States Patent No.
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`9,695,588 (“the ’588 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’588 patent. A true and correct copy of the ’588
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`patent is attached hereto as Exhibit F.
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`14.
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`On July 11, 2017, the PTO duly and legally issued United States Patent No.
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`9,702,140 (“the ’140 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’140 patent. A true and correct copy of the ’140
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`patent is attached hereto as Exhibit G.
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`15.
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`On September 11, 2018, the PTO duly and legally issued United States Patent No.
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`10,072,415 (“the ’415 patent”), titled Panel for Sheathing System and Method, to HEW. HEW is
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`the owner of all right, title, and interest in the ’415 patent. A true and correct copy of the ’415
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`patent is attached hereto as Exhibit H.
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`16.
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`The family of patents to which the Patents in Suit belong is based on applications
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`filed beginning in February 2004. Each of the Patents in Suit claims priority to, among others,
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`earlier-filed U.S. Patent No. 7,677,002 (“the ’002 patent”), owned by HEW and filed on January
`
`4
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 4
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 5 of 52 PageID #: 5
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`4, 2005. The ’002 patent claims priority to U.S. provisional patent application nos. 60/547,029
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`and 60/547,031, both of which were filed on February 23, 2004. A true and correct copy of the
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`’002 patent is attached hereto as Exhibit I.
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`17.
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`The inventions claimed in the Patents in Suit were the result of years of research
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`and development on structural sheathing systems by HEW. The inventions represent a leap
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`forward in roof and/or wall structural sheathing system technology, solving several problems
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`exhibited by other sheathing systems that rely upon house wrap or felt paper that is used with
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`structural wood panels as part of the weatherization of buildings.
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`HEW’s ZIP System® Panels and ZIP System™ Tape
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`18.
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`HEW’s commercial embodiments of the Patents in Suit are exemplified in its ZIP
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`System® panels and the use of such panels in conjunction with ZIP System™ tape. ZIP
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`System® panels are structural roof and/or wall panels with an integrated water-resistive and air
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`barrier. ZIP System® panels in combination with ZIP System™ tape (collectively, “ZIP System
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`Sheathing”) streamline and simplify the installation and weatherization process associated with
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`the building of structures such as single and multi-resident housing by achieving desired water
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`resistance, air resistance, and water vapor permeability characteristics while eliminating the need
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`to use house wrap or felt paper and/or eliminating the labor-intensive process of wrapping
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`structures in house wrap or felt paper.
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`19.
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`HEW’s ZIP System Sheathing was first sold in about 2006. As a result of the
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`patented technology, HEW developed a market for structural roof and/or wall panels or panel
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`systems having an integrated barrier layer on the panels and using a seam sealing means, such as
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`tape, to seal the joints between the panels. Since the ZIP System Sheathing launch, HEW has
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`invested substantial amounts of time and resources developing and growing the market for
`
`5
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 5
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 6 of 52 PageID #: 6
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`structural building sheathing systems with an integrated barrier layer and seam sealant, including
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`marketing ZIP System® Sheathing and educating customers and those in the building industry
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`regarding structural roof and/or wall sheathing systems, ZIP System Sheathing, and the benefits
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`associated with ZIP System Sheathing. Indeed, ZIP System Sheathing has been the only
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`successful structural roof and wall system in the market with an integrated barrier layer and seam
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`sealing means with the above-described properties. The marketplace for structural roof and wall
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`sheathing systems with an integrated barrier layer and seam sealing means, like ZIP System
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`Sheathing, was created by HEW and, thus, has also grown as a result of HEW’s efforts.
`
`The Infringing LP WeatherLogicTM Air & Water Barrier Panels and LP WeatherLogicTM
`Seam and Flashing Tape
`
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`In light of the success achieved by ZIP System Sheathing and the growing market
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`20.
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`created by HEW, LP seeks to enter the market for structural building sheathing systems with an
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`integrated barrier layer. Rather than put in the time and resources necessary to independently
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`develop a sheathing product, like HEW did, LP instead has chosen to take advantage of the
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`innovative development work performed by HEW and claimed in the Patents in Suit.
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`21.
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`The “WeatherLogic System” is composed of LP WeatherLogicTM Air & Water
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`Barrier panels (“WeatherLogic panels”) and LP WeatherLogicTM Seam & Flashing Tape
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`(“WeatherLogic tape”). The WeatherLogic panels are structural wall panels with an integrated
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`water and air resistive barrier that is also water vapor permeable. (Exhibit J at 2-3.) The
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`WeatherLogic panels are used to create a system of panels that sheath the exterior walls of a
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`home, and the WeatherLogic tape is used to create a water-resistant seal over the joints between
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`the WeatherLogic panels in the system. (Id. at 1-2.) Indeed, LP’s marketing literature touts that
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`the system creates a “[c]ontinuous exterior air/water barrier for a tight envelope” (Exhibit K at
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`6
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 6
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 7 of 52 PageID #: 7
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`1), and the FAQ sheet states that the panels are applied “like regular structural sheathing. The
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`WeatherLogic tape is then applied to the seams to complete the system.” (Exhibit L at 1.)
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`22.
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`LP markets the WeatherLogic panels and WeatherLogic tape together and, upon
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`information and belief, offers for sale and sells the WeatherLogic panels and WeatherLogic tape
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`together in the United States. LP’s WeatherLogic panels and tape are intended to be used
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`together as a system and that system is intended to compete with HEW’s ZIP System Sheathing.
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`23.
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`The WeatherLogic System, at least when made, used, sold, or offered for sale in
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`the United States, or imported into the United States, meets the limitations of the claims of the
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`Patents in Suit. For example, LP’s marketing literature for the WeatherLogic System shows that
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`the WeatherLogic panels and WeatherLogic tape are meant for use together for externally
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`enveloping a structure and/or constructing a building structure, just like HEW’s ZIP System
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`Sheathing. (Exhibit K at 1.) Indeed, a comparison of HEW’s patented ZIP System Sheathing to
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`the WeatherLogic System shows that LP copied the ZIP System Sheathing, only changing the
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`color of the LP product:
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`
`
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`Comparison of HEW ZIP System Sheathing (left)
`To the Infringing LP WeatherLogic System (right)
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`
`7
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 7
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 8 of 52 PageID #: 8
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`24.
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`LP’s marketing literature describes the WeatherLogic System as providing air and
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`water protection via an integrated weather-resistant barrier bonded to a structural panel, as
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`claimed by the Patents in Suit:
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`
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`(Exhibit K at 2.) And LP’s FAQ sheet further confirms the purpose of the weather resistant
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`barrier layer found on the paneling is to provide “air/water resistance plus vapor permeability . . .
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`.” (Exhibit L at 1.)
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`25.
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`Further, LP has made and used the WeatherLogic System, and, on information
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`and belief, the WeatherLogic System is being offered for sale or sold in the United States. For
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`example, LP assembled the WeatherLogic System and plans to display the WeatherLogic System
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`as part of offering the system for sale to customers or distributors at the 2019 International
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`Builders’ Show in Las Vegas, Nevada on February 19-21, 2019. A picture of the WeatherLogic
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`System displayed by LP at the 2019 International Builders’ Show is shown below:
`
`8
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 8
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 9 of 52 PageID #: 9
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`
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`Picture of WeatherLogic System at 2019 International Builders’ Show
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`COUNT I – PATENT INFRINGEMENT OF THE ’197 PATENT
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`26.
`
`HEW incorporates Paragraphs 1-25 by reference as if set forth fully as part of this
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`count.
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`27.
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`LP has directly infringed and continues to directly infringe, literally and/or under
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`the doctrine of equivalents, at least independent claim 1 of the ’197 patent by making, using,
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`selling, offering for sale, or importing its WeatherLogic System. Claim 1 of the ’197 patent
`
`reads as follows:
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`A panel system to externally envelope a structure, the system comprising:
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`at least two adjacent lignocellulosic panels, each panel including an outer surface,
`an inner surface, and at least one edge extending therebetween, each panel aligned
`with its at least one edge proximate to the at least one edge of the adjacent panel
`and defining a longitudinal joint between the two adjacent panels;
`
`
`9
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 9
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 10 of 52 PageID #: 10
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`a barrier layer secured to the outer surface or the inner surface of each panel, the
`barrier layer being substantially bulk water resistant and substantially water vapor
`permeable; and
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` a
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` bulk water resistant edge sealant sealing the joint between the proximate edges
`of the two adjacent panels.
`
`
`(Exhibit A at Col. 21:49-62.)
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`28.
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`LP makes, uses, sells, offers for sale, or imports its WeatherLogic panels together
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`with its WeatherLogic tape. Those panels (with edges sealed by tape) externally envelope a
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`structure and are adjacent to other panels with longitudinal joints therebetween. (See, supra,
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`¶¶ 23, 25 and infra ¶ 36.)
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`29.
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`The panels are also lignocellulosic as they are engineered wood, and they have a
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`barrier layer secured to the surface of the panel that is bulk water resistant and substantially
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`water-vapor permeable, as claimed by the ’197 patent:
`
`
`
`
`
`(Exhibit J at 2)
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`(Exhibit L at 1.)
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`10
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 10
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 11 of 52 PageID #: 11
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`30.
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`LP’s WeatherLogic tape seals the joints and is water resistant: “Seams between
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`panels are sealed with LP WeatherLogic Seam & Flashing Tape” which is “specially formulated
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`to create a powerful water-resistant air barrier for the structure.” (Exhibit J at 2.)
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`31.
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`HEW has complied with the marking requirements of 35 U.S.C. § 287, giving LP
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`constructive notice of the ’197 patent.
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`32.
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`LP is and has been on notice of the alleged infringement of the ’197 patent at least
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`as of the time HEW filed and provided notice of this Complaint. Further, on information and
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`belief, LP was on notice of the Patents in Suit prior to the filing of this Complaint at least
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`because those in the industry were aware that HEW previously asserted the’197 patent against
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`Georgia-Pacific Wood Products LLC in Huber Engineered Woods LLC v. Georgia-Pacific Wood
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`Products LLC, Civil Action No. 3:16-cv-399 (W.D.N.C.). Continuing to make, use, sell, offer
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`for sale, or import its WeatherLogic System following notice of this lawsuit and its infringement
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`of the ’197 patent constitutes willful infringement.
`
`33.
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`LP will continue to contribute to the infringement of at least independent claims 1
`
`and 12 of the ’197 patent at least by offering to sell and selling the WeatherLogic System and
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`through its related marketing, advertising, instructions, customer assistance, and selling activities
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`which encourage, instruct, assist, and/or promote LP’s customers to use the WeatherLogic
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`System in an infringing manner. Claim 12 of the ’197 patent reads as follows:
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`A method of externally sheathing a building structure, the method comprising:
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`obtaining at least two panel assemblies, each panel assembly including
`a lignocellulosic panel including
`
`an outer surface;
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`an inner surface;
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`and at least one edge; and
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`11
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 11
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 12 of 52 PageID #: 12
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`a barrier layer secured to the outer surface of each panel, the barrier layer being
`substantially bulk water resistant and substantially water vapor permeable;
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`positioning the panel assemblies adjacent to each other such that the respective
`edges are proximate to each other and define a longitudinal joint therebetween
`and such that the respective inner surfaces contact the structure;
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`fastening each panel assembly to the structure; and
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`sealing the joint between the edges of the panel.
`
`
`(Exhibit A at Col. 22:25-42.)
`
`
`34.
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`The infringing WeatherLogic System comprises a material part of the claimed
`
`invention of the ’197 patent. LP’s marketing materials tout the advantages of its WeatherLogic
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`panels having a water resistant and water vapor permeable barrier layer and of the WeatherLogic
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`tape, evidencing their importance (taken individually and as a whole) as the components of the
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`system offered for sale and sold by LP and their importance to the method of sheathing claimed
`
`in the ’197 patent. (See Exhibit K at 1; see also Exhibits J, L.)
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`35.
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`Further, the infringing WeatherLogic System is especially made and adapted for
`
`use in infringement of the ’197 patent. And the intent of LP, as evidenced by the instructions
`
`and marketing materials, is that the WeatherLogic System be used in an infringing manner. (See
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`Exhibits J-L.)
`
`36.
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`LP intends for and instructs that the panels be positioned adjacent to each other
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`with the respective edges proximate to each other and with a longitudinal joint therebetween to
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`externally sheath a building as called for by method claim 12:
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`12
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 12
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 13 of 52 PageID #: 13
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`* * *
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`
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`(Exhibit J at 1, 5.)
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`37.
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`LP intends and instructs that the weather-resistant barrier layer be facing outward
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`and that each panel be fastened to the structure, again as called for by claim 12:
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`
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`13
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 13
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 14 of 52 PageID #: 14
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`* * *
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`
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`
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`(Exhibit J at 5.)
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`38.
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`LP also intends and instructs that the joints between the edges of the panels be
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`sealed using its WeatherLogic tape:
`
`
`
`
`
`* * *
`
`14
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 14
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 15 of 52 PageID #: 15
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`(Exhibit J at 2, 6.)
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`39. Moreover, the WeatherLogic System is not a staple article of commerce and has
`
`no substantial noninfringing use. LP’s marketing materials and installation instructions state the
`
`WeatherLogic panels and WeatherLogic tape are intended to be used to provide a sheathing
`
`system with a water resistant and water vapor permeable barrier layer, wherein the system is
`
`sealed together by water resistant tape, as claimed in the claims of the ’197 patent. (Exhibit J at
`
`1-2; Exhibit K at 2.) Its marketing materials do not advertise or otherwise suggest that the
`
`WeatherLogic System is a staple article of commerce or has a substantial noninfringing use.
`
`(See generally Exhibit K.) In fact, when used as shown in LP’s marketing materials (see Exhibit
`
`K-L) and when used as instructed by LP (see Exhibit J), the WeatherLogic System directly
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`infringes claims of the ’197 patent as described in 28-30, 36-38. No instructions provide for
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`alternative uses of the WeatherLogic System other than for use in sheathing buildings. (See
`
`generally Exhibit J.)
`
`40.
`
`On information and belief, LP’s customers or customers of distributors selling
`
`LP’s WeatherLogic System—namely home builders and others in the construction industry—
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`will directly infringe the ’197 patent by using the WeatherLogic System as part of a system or
`
`method that embodies the invention(s) of the ’197 patent. LP knows and intends that its
`
`customers or customers of its distributors use (and, indeed, LP instructs customers to use) the
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`WeatherLogic System in a manner that infringes the ’197 patent. Indeed, LP’s press release
`
`announcing the LP WeatherLogic System shows that LP intends for builders to install and use
`
`both the panels and tape as part of a system and in the manner claimed by the ’197 patent:
`
`15
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 15
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 16 of 52 PageID #: 16
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`
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`(Exhibit M at 3.)
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`41.
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`LP will induce infringement of at least independent claims 1 and 12 of the ’197
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`patent by offering for sale and selling the WeatherLogic System directly to customers or through
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`distributors to customers. LP has instructed and encouraged, and continues to instruct and
`
`encourage, its customers or customers of its distributors to use the WeatherLogic System as part
`
`of a panel system or method for externally sheathing a building structure in a manner that
`
`embodies the invention(s) claimed in the ’197 patent. (See, supra, ¶¶ 28-30, 36-38.)
`
`42.
`
`On information and belief, LP knows that its sale of the WeatherLogic System
`
`and instructions for use of the same will induce customers to directly infringe the ’197 patent.
`
`LP’s marketing materials and instructions for use of the WeatherLogic System in a manner
`
`claimed by the ’197 patent demonstrate LP intends to induce customers to infringe the ’197
`
`patent. (See, supra, ¶¶ 28-30, 36-38.)
`
`43.
`
`HEW has been damaged by LP’s infringement of the ’197 patent and will
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`continue to be damaged in the future unless LP is permanently enjoined from infringing, directly
`
`or indirectly, the ’197 patent.
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`
`
`
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`16
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`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 16
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`

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`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 17 of 52 PageID #: 17
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`COUNT II – PATENT INFRINGEMENT OF THE ’044 PATENT
`
`44.
`
`HEW incorporates Paragraphs 1-43 by reference as if set forth fully as part of this
`
`count.
`
`45.
`
`LP has directly infringed and continues to directly infringe, literally and/or under
`
`the doctrine of equivalents, at least independent claim 1 of the ’044 patent by making, using,
`
`selling, offering for sale, or importing its WeatherLogic System. Claim 1 of the ‘044 patent
`
`reads as follows:
`
`A panel system to externally envelope a structure, the system comprising:
`
`at least two adjacent lignocellulosic panels, each panel including an outer surface,
`an inner surface, and at least one edge extending therebetween, wherein each
`panel is aligned with its at least one edge proximate to the at least one edge of the
`adjacent panel to define a longitudinal joint between the two adjacent panels, and
`wherein the edges of the adjacent panels are substantially parallel to each other;
`
` a
`
` barrier layer secured to the outer surface or the inner surface of each panel, the
`barrier layer being substantially bulk water resistant and substantially water vapor
`permeable; and
`
` a
`
` bulk water resistant edge sealant sealing the joint between the proximate edges
`of the two adjacent panels, wherein the edge sealant includes strips of water-
`resistant tape having an adhesive layer and a backing,
`
`wherein the assembled panel system forms a sealed wall or roof of the structure
`without applying a separate moisture barrier layer of house wrap or felt paper.
`
`
`(Exhibit B at Col. 22:43-63.)
`
`
`46.
`
`LP makes, uses, sells, offers for sale, or imports its WeatherLogic panels together
`
`with its WeatherLogic tape. Those WeatherLogic panels (with edges sealed by tape) externally
`
`envelope a structure and are adjacent to other panels with longitudinal joints therebetween and
`
`with the panel edges being substantially parallel to each other. (See, supra, ¶¶ 23, 25 36.)
`
`17
`
`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 17
`
`

`

`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 18 of 52 PageID #: 18
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`47.
`
`The panels are also lignocellulosic as they are engineered wood, and they have a
`
`barrier layer secured to the surface of the panel that is bulk water resistant and substantially
`
`water-vapor permeable, as claimed by the ’044 patent:
`
`(Exhibit J at 2.)
`
`(Exhibit L at 1.)
`
`
`
`
`
`48.
`
`LP’s WeatherLogic tape seals the joints and is water resistant: “Seams between
`
`panels are sealed with LP WeatherLogic Seam & Flashing Tape” which is “specially formulated
`
`to create a powerful water-resistant air barrier for the structure.” (Exhibit J at 2.) On
`
`information and belief, that tape has an adhesive layer and a backing.
`
`49.
`
`The WeatherLogic System is used to create a sealed wall of a structure without
`
`the use of house wrap or felt paper:
`
`
`
`* * *
`
`18
`
`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 18
`
`

`

`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 19 of 52 PageID #: 19
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`(Exhibit K at 1-2; see also, supra, ¶¶ 23, 25, 36 (showing that panel system is used to create wall
`
`
`
`structure).)
`
`50.
`
`HEW has complied with the marking requirements of 35 U.S.C. § 287, giving LP
`
`constructive notice of the ’044 patent.
`
`51.
`
`LP is and has been on notice of the alleged infringement of the ’044 patent at least
`
`as of the time HEW filed and provided notice of this Complaint. Further, on information and
`
`belief, LP was on notice of the Patents in Suit prior to the filing of this Complaint at least
`
`because those in the industry were aware that HEW previously asserted the ’044 patent against
`
`Georgia-Pacific Wood Products LLC in Huber Engineered Woods LLC v. Georgia-Pacific Wood
`
`Products LLC, Civil Action No. 3:16-cv-399 (W.D.N.C.). Continuing to make, use, sell, offer
`
`for sale, or import its WeatherLogic System following notice of this lawsuit and its infringement
`
`of the ’044 patent constitutes willful infringement.
`
`52.
`
`LP will contribute to the infringement of at least independent claim 1 of the ’044
`
`patent at least by offering to sell and selling the WeatherLogic System and through its related
`
`marketing, advertising, instructions, customer assistance, and selling activities which encourage,
`
`instruct, assist, and/or promote LP’s customers to use the WeatherLogic System in an infringing
`
`manner.
`
`53.
`
`The infringing WeatherLogic System comprises a material part of the claimed
`
`invention of the ’044 patent. LP’s marketing materials tout the advantages of its WeatherLogic
`
`panels having a water resistant and water vapor permeable barrier layer, of the WeatherLogic
`
`19
`
`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 19
`
`

`

`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 20 of 52 PageID #: 20
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`tape, and of the superior nature of the envelope created by the system, evidencing the importance
`
`of these feature and the purpose of the system. (See Exhibit K at 1; see also Exhibits J, L.)
`
`54.
`
`Further, the infringing WeatherLogic System is especially made and adapted for
`
`use in infringement of the ’044 patent. And the intent of LP, as evidenced by the instructions
`
`and marketing materials, is that the WeatherLogic System be used in an infringing manner. (See
`
`Exhibits J-L.)
`
`55.
`
`LP intends for and instructs that the panels be positioned adjacent to each other
`
`with the respective edges proximate to each other and with a longitudinal joint therebetween and
`
`with the panel edges being substantially parallel to each other, as called for by claim 1:
`
`
`
`* * *
`
`20
`
`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 20
`
`

`

`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 21 of 52 PageID #: 21
`
`(Exhibit J at 1, 5.)
`
`56.
`
`LP intends and instructs that the edges of the panels be sealed using its water
`
`resistant WeatherLogic tape which, upon information and belief, has an adhesive layer and a
`
`
`
`backing:
`
`
`
`* * *
`
`21
`
`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 21
`
`

`

`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 22 of 52 PageID #: 22
`
`
`
`(Exhibit J at 2, 6.)
`
`57.
`
`LP intends and instructs that the panel system be used to create a sealed wall
`
`structure without use of house wrap or felt paper. (See, supra, ¶¶ 23, 25, 36, 49.)
`
`58. Moreover, the WeatherLogic System is not a staple article of commerce and has
`
`no substantial noninfringing use. LP’s marketing materials and installation instructions state the
`
`WeatherLogic panels and WeatherLogic tape are intended to be used to provide a sheathing
`
`system with a water resistant and water vapor permeable barrier layer, wherein the system is
`
`sealed together by water resistant tape, as claimed in the claims of the ’044 patent. (Exhibit J at
`
`1-2; Exhibit K at 2.) Its marketing materials do not advertise or otherwise suggest that the
`
`WeatherLogic System is a staple article of commerce or has a substantial noninfringing use.
`
`(See generally Exhibit K.) In fact, when used as shown in LP’s marketing materials (see Exhibit
`
`K-L) and when used as instructed by LP (see Exhibit J), the WeatherLogic System directly
`
`infringes claims of the ’044 patent as described in paragraphs 46-49, 55-57. No instructions
`
`provide for alternative uses of the WeatherLogic System other than for use in sheathing
`
`buildings. (See generally Exhibit J.)
`
`22
`
`Louisiana-Pacific Corporation, Exhibit 1004
`IPR of U.S. Pat. No. 8,474,197
`Page 22
`
`

`

`Case 1:19-cv-00342-UNA Document 1 Filed 02/18/19 Page 23 of 52 PageID #: 23
`
`59.
`
`On information and belief, LP’s customers or customers of distributors selling
`
`LP’s WeatherLogic System—namely home builders and others in the construction industry—
`
`will directly infringe the ’044 patent by using the WeatherLogic System as part of a system that
`
`embodies the invention(s) of the ’044 patent. LP knows and intends that its customers or
`
`customers of its distributors use (and, indeed, LP instructs customers to use) the WeatherLogic
`
`System in a manner that infringes the ’044 patent. Indeed, LP’s press release announcing the LP
`
`WeatherLogic System shows that LP intends for builders to install and use both the panels and
`
`tape as part of a system and in the manner claimed by the ’044 patent:
`
`
`
`(Exhibit M at 3.)
`
`60.
`
`LP will induce infringement of at least independent claim 1 of the ’044 patent at
`
`least by offering for sale and selling the WeatherLogic System directly to customers or through
`
`distributors to customers. LP has instructed and encouraged, and continues to instruct and
`
`encourage, its customers or customers of its distributors to use the WeatherLogic System as a
`
`panel system for extern