UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SULZER MIXPAC USA, INC.

and SULZER MIXPAC AG, Plaintiffs, -againstSHANGHAINSJ HARDWARE LTD. Defendant.

JUDGE COTE

COMPLAINT TRIAL DEMAND

-X

Plaintiffs Sulzer Mixpac USA, Ine, and Sulzer Mixpac At3-,(coHe/tively "Mixpac" or "Plaintiff") for their complaint against defendant Shanghai NSJ Hardware Ltd. ("Defendant or NSJ") seeking damages, injunctive relief, and other relief for patent infringement, allege as follows: PARTIES 1. 2. 3. Plaintiff Sulzer Mixpac USA, Inc. is a New Hampshire corporation with Plaintiff Sulzer Mixpac AG is a Swiss corporation with its principal Defendant Shanghai NSJ Hardware Ltd. is a Chinese company having its its principal place of business at 8 Willow Street, Salem, New Hampshire 03079. place of business at Rutistrasse 7, CH-9469 Haag, Switzerland. place of business at Building 3, No.488, Fengzhong Rd, Fengxi Town, Qingpu District, Shanghai, China Postcode: 201705. JURISDICTION AND VENUE 4. This court has jurisdiction over Mixpac's patent infringement claims under 28 U.S.C. 1331 and 1338(a).

5.

This court has personal jurisdiction over Defendant because it has

transacted and is transacting business in this district, and has sold, offered for sale, distributed, or imported products that infringe Mixpac's patent in this judicial district. Defendant has made, used, imported, sold, or offered for sale in the United States, a product which infringes Mixpac's United States Patent No. 6,599,008 ("the '008 Patent"). Defendant has substantial and continuous contacts with New York and has committed acts of infringement in New York, including the Southern District of New York, sufficient to confer personal jurisdiction upon it. 6. Venue properly lies in this court under 28 U.S.C. 1391(b) (c) and (d) and 1400(b) because Defendant is subject to personal jurisdiction and has committed acts of patent infringement in this district. Furthermore, venue is proper as a substantial part of its infringing acts have occurred in this district.

7.

BACKGROUND The Mixpac three part mixing systems Mixpac is the exclusive manufacturer of a patented three-part system for

mixing two-part adhesives for industrial applications. The system consists of 1) a dispenser, like a caulking gun, 2) a cartridge containing a two part chemical such as an epoxy having a catalyst and a resin, and 3) a disposable static mixing tip that mixes the chemicals before they are applied for a wide variety of applications, such as construction or repair. Static Mixer and Cartridge Patents 8. Mixpac owns U.S. patents for the dispenser, cartridge and static mixers, including the '008 Patent which is asserted against Defendant in this action.

NSJ's Infringement of the '008 Patent 9. On July 29, 2003, the '008 Patent was duly and legally issued for an invention entitled "Static Mixer." The '008 Patent is assigned to Sulzer Mixpac AG. A copy of the '008 patent is attached as Exhibit A. 10. Defendant NSJ infringes the '008 Patent either directly, contributorily, or by inducing infringement by making, using, offering for sale, or importing industrial static mixers in the United States. 11. Defendant has imported, sold, offered for sale or delivered into this judicial district static mixers that infringe the '008 patent.

COUNTI INFRINGEMENT OF U.S. PATENT NO. 6,599,008 12. Plaintiffs reallege and incorporate herein by reference the allegations in
paragraphs 1 through 12 of its complaint. 13. By using, importing, selling, or offering to sell their static mixers, Defendant has infringed one or more claims of the '008 Patent directly, contributorily, or through inducement. Defendant has engaged in the foregoing conduct with respect to the patented invention in the United States without authority from Mixpac during the term of the '008 Patent. 14. 15. Defendant will not stop using, selling, and/or offering for sale the Defendant's infringement has been deliberate, willful, and wanton, and products at issue to avoid infringing the '008 Patent. with full knowledge of the '008 Patent.

16. goodwill. 17.

Defendant's conduct has caused Mixpac to suffer and, unless enjoined by

the court, will cause Plaintiffs to continue to suffer damage to their operation, reputation, and Mixpac has no adequate remedy at law. Defendant's conduct has caused

and, if not enjoined, will continue to cause irreparable damage to Mixpac. As a result of Defendant's wrongful conduct, Mixpac is entitled to a temporary restraining order, injunctive relief, and damages.

RELIEF REQUESTED
Wherefore, Mixpac requests that the court enter a judgment in Mixpac's favor and against Defendant and provide Mixpac the following relief: A. B. C. D. Order, adjudge, and decree that Defendant has infringed the '008 Patent; Order, adjudge, and decree that Defendant willfully and knowingly infringed the '008 Patent; Order, adjudge, and decree that Defendant's infringement of the '008 patent is exceptional under 35 U.S.C. 285; Issue temporary, preliminary, and permanent injunctive relief prohibiting Defendant and their respective parents, subsidiaries, principals, officers, agents, affiliates, servants, attorneys, employees, and all others in privity with them from infringing the '008 Patent; E. F. Award Mixpac damages for patent infringement including prejudgment interest and costs against Defendant under 35 U.S.C. 284; Award Mixpac three times its damages to compensate Mixpac under 35 U.S.C. 284;

G. H.

Award Mixpac its reasonable attorney's fees under 35 U.S.C. 285; and Award such other and further relief as the court may deem just. Respectfully submitted, Charles D. Cole, Jr. Newman Myers Kreines Gross Harris, P.C. 14 Wall Street New York, New York 10005-2101 (212) 619-4350 -andMichael T. Murphy Suzanne Konrad K&L Gates LLP 1601 K Street, N.W. Washington, D.C. 20006 (202) 778-9176 Attorneys for Plaintiffs Sulzer Mixpac USA, Inc. and Sulzer Mixpac AG

Dated: New York, New York November 1, 2011