UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Ludowici Roof Tile, Inc.

4757 Tile Plant Road New Lexington, OH 43764 Plaintiff, v. Boral Industries, Inc. 2875 Michelle Dr. Ste. 100 Irvine, CA 92606 and Boral Roofing LLC 160 Greentree Drive, Suite 101 Dover, DE 19904 Defendants. : : : : : : : : : : : : : : : : : : : Case No.: 2:12-cv-683

COMPLAINT WITH JURY DEMAND

Plaintiff, Ludowici Roof Tile, Inc. (Ludowici) by and through undersigned counsel and for its Complaint against Boral Industries, Inc. and Boral Roofing LLC, (collectively, Boral) states as follows: THE PARTIES 1. Plaintiff Ludowici is a corporation organized and existing under the laws of the State of Delaware, having its principal place of business at 4757 Tile Plant Road, New Lexington, OH 43764. 2. Ludowici is in the business of, among other things, developing and manufacturing roof tiles. 3. On information and belief, Boral Industries, Inc. is a California corporation.

4. On information and belief, Boral Industries, Inc. is in the business of manufacturing and selling construction materials, including roof tiles, in the United States. 5. On information and belief, Boral Roofing LLC, is a Delaware limited liability company. 6. On information and belief, Boral Roofing LLC is in the business of manufacturing and supplying roof tiles. JURISDICTION AND VENUE 7. This is a civil action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. 8. The Court has jurisdiction over the subject matter of this action under Title 28 United States Code, 1331 and 1338(a). 9. Venue is proper in this District under Title 28 of the United States Code, 1391(b) & (c) and 1400(b) because both Boral Industries, Inc. and Boral Roofing LLC shall be considered to reside within this District in accordance with 28 U.S.C. 1391(d). 10. On information and belief both Boral Industries, Inc. and Boral Roofing LLC, sell and/or offer for sale products specifically directed at the residents of the State of Ohio. Specifically, via their website, www.boralna.com (the Boral Website), consumers in Ohio can request information regarding roofing tiles specifically designed for use in Ohio. Thus, Boral is targeting specific marketing and promotion of its roof tiles towards residents of Ohio. Furthermore, Boral products are available in Ohio in this district. 11. The Boral Website includes a Where To Buy option which, when selected, displays an interactive map of the United States. When the State of Ohio is selected on that map, a list of product categories, including Roof Tiles, is provided. When that category is

selected, a list of seven locations where Boral roof files can be purchased, including locations in Cincinnati and Columbus, is displayed. 12. The Boral Website includes pages which allow users, including consumers in Ohio, to access information and order samples of products available specifically in the Heartland Region, which includes Ohio. Those pages include a page accessible at

http://www.visualresearch.com/boral/product/products-region.aspx?region=Heartland, which indicates that a type of tile identified as the Monterey Shake 600 is among the products offered in the Heartland Region. 13. The Boral Website includes a page accessible at http://www.boralna.com/rooftiles /monterey-shake-600.asp (the Monterey Shake Page) which includes links to a brochure, an installation guide, and a warranty for the Monterey Shake 600. 14. For at least these reasons, Boral Industries, Inc. and Boral Roofing LLC are subject to personal jurisdiction within the State of Ohio and would be subject to personal jurisdiction in this District if this District were a separate state. FACTUAL ALLEGATIONS 15. On February 28, 2012, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 8,122,649 (the 649 Patent) entitled Interlocking Tiles Employing Adjustable Rain Lock. A copy of the 649 patent is attached hereto as Exhibit A. 16. Ludowici is the sole and exclusive assignee of the entire right, title, and interest in and to the 649 patent. 17. Boral makes, uses, sells and offers for sale roof tiles, including the Monterey Shake 600, having a rain lock comprising a trough adjacent to a substantially flat upper surface of the

tile, where the rain lock includes a weakened portion which extends across the trough to the side edge connecting the trough to the substantially flat portion of the upper surface to allow for removal of a predetermined portion of the rain lock, including a predetermined portion of the trough. Photographs of Borals tile are attached hereto as Exhibit B. 18. Boral makes, uses, sells and offers for sale roof tiles, including the Monterey Shake 600, which have the characteristics described in paragraph 17 in which the weakened portion comprises at least one score line. 19. Boral makes, uses, sells and offers for sale roof tiles, including the Monterey Shake 600, which have the characteristics described in paragraph 17 which also have a corner diagonally opposed to a corner at the lower end of the tile, where the corner which is diagonally opposed to the corner at the lower end of the tile comprises a notch. 20. Boral makes, uses, sells and offers for sale roof tiles, including the Monterey Shake 600, which have the characteristics described in paragraph 19, and which also comprise a second weakened portion to allow for lengthening of the notch. 21. Boral makes, uses, sells and offers for sale roof tiles, including the Monterey Shake 600, which have the characteristics described in paragraph 20 in which the second weakened portion comprises at least one score line. 22. Roof tiles having the characteristics set forth in paragraphs 17-21, including the Monterey Shake 600, are specially adapted for use in roofing systems comprising a row of tiles extending across a surface, where a first tile from the row of tiles comprises a rain lock adapted to interlock with an adjacent second tile in the same row as the first tile, wherein the rain lock comprises a trough adjacent to a substantially flat portion of the upper surface of the tile, and has a weakened portion which is proximate to the lower end of the rain lock and which extends across the trough to the substantially flat portion of the upper 4

surface so as to allow for removal of a predetermined portion of the rain lock, including a predetermined portion of the trough. CLAIM I DIRECT INFRINGEMENT OF THE 649 PATENT 23. Ludowici restates and re-alleges the allegations of paragraphs 1-22 as if fully set forth herein. 24. Boral has been and is now directly infringing claims 1-5 of the 649 Patent in this judicial district and elsewhere in the United States. Infringement by Boral includes, without limitation, making, using, offer for sale, and/or selling within the United States, and/or importing into the United States, roof tiles that embody the patented invention that is described and claimed in the 649 Patent, including the Monterey Shake 600. 25. By making, using, importing, offering for sale, and/or selling roof tiles having the characteristics set forth in paragraphs 17-21, including, without limitation, the Monterey Shake 600, Boral is liable for infringement of claims 1-5 of the 649 Patent pursuant to 35 U.S.C. 271(a). 26. Borals infringement of Ludowicis exclusive rights under the 649 Patent will continue to damage Ludowicis business, causing irreparable harm for which there is no adequate remedy at law. infringement. 27. As a result of Borals infringement of the 649 patent, Ludowici is entitled to recover from Boral the damages sustained by Ludowici as a result of Borals wrongful acts in an amount subject to proof at trial. Accordingly, Ludowici is entitled to injunctive relief against such

CLAIM II INDUCING INFRINGEMENT OF THE 649 PATENT 28. Ludowici restates and re-alleges the allegations of paragraphs 1-22 as if fully set forth herein. 29. Boral is actively and knowingly inducing infringement of claims 1-5 of the 649 Patent in this judicial district, and elsewhere in the United States, by causing third parties, such as distributors, contractors, and homeowners to make, use, sell, and/or offer for sale the invention claimed in claims 1-13 of the 649 Patent, through its advertising, marketing, sales, distribution and information dissemination concerning Boral roof tiles having the characteristics set forth in paragraphs 17-21. Accordingly, Boral is liable for

infringement of the 649 Patent pursuant to 35 U.S.C. 271(b). 30. Borals infringement of Ludowicis exclusive rights under the 649 Patent will continue to damage Ludowicis business, causing irreparable harm for which there is no adequate remedy at law. infringement. 31. As a result of Borals infringement of the 649 patent, Ludowici is entitled to recover from Boral the damages sustained by Ludowici as a result of Borals wrongful acts in an amount subject to proof at trial. CLAIM III CONTRIBUTORY INFRINGEMENT OF THE 649 PATENT 32. Ludowici restates and re-alleges the allegations of paragraphs 1-22 as if fully set forth herein. 33. Boral is contributing to the infringement by others of the 649 Patent in this judicial district, and elsewhere in the United States by making, using, offering for sale, and selling roof tiles having the characteristics set forth in paragraphs 17-21, including, without limitation the Monterey Shake 600, which roof tiles are a material part of practicing the 6 Accordingly, Ludowici is entitled to injunctive relief against such

invention claimed in the 649 patent.

Upon information and belief, such tiles are

specially made or adapted to be roof tiles as claimed in claims 1-5 of the 649 Patent or to be used in roofing systems as claimed in claims 6-13 of the 649 Patent and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Accordingly, Boral is liable for infringement of the 649 Patent pursuant to 35 U.S.C. 271(c). 34. Borals infringement of Ludowicis exclusive rights under the 649 Patent will continue to damage Ludowicis business, causing irreparable harm for which there is no adequate remedy at law. infringement. 35. As a result of Borals infringement of the 649 patent, Ludowici is entitled to recover from Boral the damages sustained by Ludowici as a result of Borals wrongful acts in an amount subject to proof at trial. Accordingly, Ludowici is entitled to injunctive relief against such

WHEREFORE, Ludowici requests the following relief: A. Patent; B. Entry of an order permanently enjoining Boral and their officers, agents, Entry of a final judgment holding Boral liable for infringing the 649

servants, employees, attorneys, parent and subsidiary corporations, assigns and successors in interest, and those persons in active concert or participation with them, from further infringing the 649 Patent; C. An award of damages adequate to compensate Ludowici for the

infringement of the 649 patent by Boral with prejudgment and post-judgment interest and costs as fixed by the Court as provided by 35 U.S.C. 284; 7

D.

Entry of an order finding that Borals infringement has been willful, and a

trebling of the damages awarded pursuant to 35 U.S.C. 284; E. A judgment holding this action to be an exceptional case, and an award to

Ludowici for its attorneys fees pursuant to 35 U.S.C. 285; and F. Such other relief as the Court deems just and equitable.

Dated: July 27, 2012

Respectfully submitted, s/Ann G. Schoen Ann Gallagher Schoen (0064234) William Sidney Morriss (0079922) Frost Brown Todd LLC 3300 Great American Tower 301 East Fourth Street Cincinnati, OH 45202-4182 (513) 651-6800 (513) 651-6981 (fax) aschoen@fbtlaw.com wmorriss@fbtlaw.com Attorneys for Plaintiff Ludowici Roof Tile, Inc.

CINLibrary 0100176.0533513 2548037v2