IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION CORRECT CRAFT IP HOLDINGS

, LLC, Plaintiff, v. 13TH FLOOR WAKEBOARD TOWERS, INC., Defendant. / COMPLAINT Plaintiff Correct Craft IP Holdings, LLC, hereby files its Complaint against Defendant 13th Floor Wakeboard Towers, Inc., and alleges as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff Correct Craft IP Holdings, LLC (“Correct Craft”) is a CASE NO. 6:13-cv-1051-orl-31KRS INJUNCTIVE RELIEF REQUESTED JURY TRIAL REQUESTED

Florida limited liability company. 2. Defendant 13th Floor Wakeboard Towers, Inc. (“13th Floor”),

is, upon information and belief, a California corporation. Upon information and belief, 13th Floor sells and offers for sale infringing products in the United States, including within Florida. 1

3.

This Court has jurisdiction over the subject matter of this action

as to the Defendant pursuant to 28 U.S.C. §§ 1331 and 1338(a). 4. This Court has in personam jurisdiction as to 13th Floor

because, upon information and belief, 13th Floor is subject to both general and specific jurisdiction in this State. More particularly, upon information and belief, 13th Floor regularly conducts business activity in the State of Florida, whether directly or through authorized dealers by selling and offering to sell products that infringe one or more claims of Correct Craft’s patents in Florida. 5. Venue properly lies within this judicial district and division,

pursuant to 28 U.S.C. §§1391(c) and 1400(b). STATEMENT OF FACTS 6. Correct Craft is the sole and exclusive owner of the following

valid and enforceable United States Patents (collectively, the “Patents-inSuit”): PATENT NO. RE37,823 (the ‘823 Patent’) 6,666,159 (the ‘159 Patent’) 7,299,761 (the ‘761 Patent’) TITLE Water Sport Towing Apparatus and Method Water Sport Towing Apparatus Water Sport Towing Apparatus

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True and correct copies of the Patents-in-Suit are attached hereto as Exhibits A, B, and C. 7. The Patents-in-Suit have each been assigned to Correct Craft.

Correct Craft currently owns the Patents-in-Suit and has owned them during the alleged infringement of the Defendant. 8. Upon information and belief, 13th Floor has sold and offered

for sale in the United States and in Florida water sport towing apparatuses that directly or indirectly infringe upon one or more claims of the Patents-inSuit. The accused products include, but are not limited to, the 13th Floor Plain Jane, Billet Custom and El Diablo lines of products. 9. Correct Craft affirmatively gave 13th Floor written notice of the

Patents-in-Suit at least as early as June 3, 2003. Upon information and belief, 13th Floor knew of the Patents-in-Suit prior to receiving notice directly from Correct Craft. 10. Correct Craft has not granted Defendant a license to practice the

Patents-in-Suit for the accused products.

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COUNT I Action for Infringement of the Patents-in-Suit 11. Count I is an action by Correct Craft against 13th Floor for

monetary damages and injunctive relief for Defendant’s infringement of the Patents-in-Suit. 12. Correct Craft herein restates and reincorporates into this Count

the allegations of Paragraphs 1 through 10 herein. 13. Upon information and belief, Defendant has made and/or

offered for sale and sold and/or distributed water sport towing apparatus products that infringe directly, by inducement and/or contributorily, one or more claims of the Patents-in-Suit in the United States and in Florida. 14. Correct Craft is entitled to compensatory damages and

injunctive relief for Defendant’s infringing activities. 15. Upon information and belief, Defendant lacks justifiable belief

that there is no infringement or that the infringed claims are invalid and has acted with objective recklessness in its infringing activity. Defendant’s

infringement is therefore willful, and Correct Craft is entitled to an award of exemplary damages, attorneys’ fees, and costs in bringing this action.

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Wherefore, Plaintiff Correct Craft prays this Honorable Court enter such preliminary and final orders and judgments as are necessary to provide Correct Craft with the following requested relief: A. A preliminary and then permanent injunction enjoining

Defendant from infringing each of the Patents-in-Suit; B. An award of damages against Defendant under 35 U.S.C. §284

in an amount adequate to compensate Correct Craft for Defendant’s infringement, but in no event less than a reasonable royalty for the use made by Defendant of the inventions set forth in the Patents-in-Suit; C. An award against Defendant for exemplary damages, attorneys’

fees, and costs under 35 U.S.C. § 285; and D. proper. JURY TRIAL REQUEST Correct Craft requests a trial by jury as to all matters so triable. Such other and further relief as this Court deems just and

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Respectfully submitted July 11, 2013. /s/Brian R. Gilchrist Brian R. Gilchrist Florida Bar No. 774065 bgilchrist@addmg.com Ryan T. Santurri Florida Bar No. 015698 rsanturri@addmg.com ALLEN, DYER, DOPPELT, MILBRATH & GILCHRIST, P.A. 255 South Orange Avenue, Suite 1401 Post Office Box 3791 Orlando, FL 32802-3791 Telephone: 407-841-2330 Facsimile: 407-841-2343 Counsel for Plaintiff Correct Craft

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