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CHRISTIE, PARKER & HALE, LLP

DAVID A. DILLARD, CA Bar No. 97515 david.dillard@cph.com CHRISTIE, PARKER & HALE, LLP 655 N. Central Avenue, Suite 2300 Glendale, California 91203-1445 Telephone: (626) 795-9900 Facsimile: (626) 577-8800 Attorneys for Plaintiff, CHANNELL COMMERCIAL CORPORATION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CHANNELL COMMERCIAL CORPORATION, a Delaware corporation, Plaintiff, vs. PENCELL PLASTICS, INC., a New Jersey corporation, Defendant.

Case No. 5:14-CV-474 COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

Plaintiff, Channell Commercial Corporation (Channell) alleges: 1. This is an action for patent infringement, brought under the patent

laws of the United States, 35 U.S.C. 271, et seq. I. PARTIES 2. Plaintiff Channell (Plaintiff) is a Delaware corporation, having its

principal place of business at 26040 Ynez Road, Temecula, California, 925899022. 3. Defendant PenCell Plastics, Inc. (Defendant) is a New Jersey

corporation having a place of business at 546 English Road, Rocky Mount, North Carolina 27804. -1-

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CHRISTIE, PARKER & HALE, LLP

II.

JURISDICTION AND VENUE 4. This is an action for patent infringement brought under the patent

laws of the United States, 35 U.S.C. 271, et seq. Jurisdiction of the patent infringement claims is conferred on this Court under 28 U.S.C. 1331 and 1338(a). 5. This Court has personal jurisdiction over the Defendant under Fed.

R. Civ. P. 4(k)(1)(A) in that Defendant engages in business in this state and in this district sufficient to meet the requirements of the California Long Arm Statute, California Code of Civil Procedure, 410.10. 6. Venue is proper in this district under 28 U.S.C. 1391 in that the

unlawful activities of Defendant as herein alleged were performed in whole or in part in this district and in that Defendant does business in this district. FIRST CLAIM FOR RELIEF (Infringement of U.S. Patent No.7,381,888) 7. Plaintiff hereby repeats and realleges paragraphs 1-6 hereinabove as though fully set forth herein. 8. Plaintiff is the owner of U.S. Patent No. 7,381,888, entitled Grade

Level Enclosures for Underground Utility Connections (the 888 patent). The 888 patent discloses, inter alia, a grade level utility enclosure having vertical load-bearing walls reinforced with exterior vertical and horizontal ribs. A true and correct copy of the 888 patent is attached hereto as Exhibit A. 9. On information and belief, Defendant sells and offers for sale

throughout the United States grade level enclosures for underground utility connections, including those having the trade designations DT 1118HD, DT 1118PC, DT-2-1118PC, DT 1324HD, DT 1324-18HD and DT 1730HD, DT 1324PC, DT-2-1324PC, DT-2-1324-18PC, DT 1730PC, DT-2-1730PC

(collectively Accused Products herein), that meet all of the limitations of at least one claim of the 888 patent. -2-

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10.

Defendants manufacture, use, sale and offer for sale of the Accused

Products constitute direct infringement of the 888 patent under 35 U.S.C. 271. 11. Plaintiff has suffered and continues to suffer substantial damages as

a direct result of the infringement of Defendant. Under 35 U.S.C. 284, Plaintiff is entitled to damages adequate to compensate for the infringement, including lost profits, but not less than a reasonable royalty. 12. Plaintiff will be irreparably harmed if Defendants patent

infringement continues. The balance of equities favors an injunction in favor of Plaintiff. Plaintiff therefore requests preliminary and permanent injunctive relief prohibiting Defendant and its officers, employees, agents, affiliates, and anyone else in active concert with each, from making, using, importing, exporting, selling or offering for sale the 888 Accused Products, or taking any other actions that would otherwise infringe the 888 patent.

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: 1. 2. 3. That Defendant has infringed the 888 patent; That the 888 patent is not invalid and is enforceable; Entering a permanent injunction restraining Defendant and its

officers, employees, agents, affiliates, and anyone else in active concert with it, from making, using, importing, exporting, selling, offering for sale or taking any other actions that would directly or indirectly infringe the 888 patent; 4 For patent infringement damages in an amount based on a lost profits

analysis, but in no way less than a reasonable royalty, and for those damages to be trebled, pursuant to 35 U.S.C. 284; 5. For prejudgment interest; and

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6.

That Plaintiff recovers such other and further relief as this court may

deem appropriate.

DATED: March 11, 2014

Respectfully submitted, CHRISTIE, PARKER & HALE, LLP

By

/s/David A. Dillard David A. Dillard Attorneys for Plaintiff, CHANNELL COMMERCIAL CORPORATION

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SCL PAS1281184.1-*-03/11/14 2:23 PM

JURY DEMAND Plaintiff requests a jury trial of all issues in this action so triable.

DATED: March 11, 2014

Respectfully submitted, CHRISTIE, PARKER & HALE, LLP

By

/s/David A. Dillard David A. Dillard Attorneys for Plaintiff, CHANNELL COMMERCIAL CORPORATION

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