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For its Complaint against Pearl Corporation and Pearl Musical Instrument Company (collectively Pearl), Plaintiff Randall May International, Inc. (RMI) alleges as follows: THE PARTIES 1. RMI is a corporation incorporated and existing under the laws of California,

with a principal place of business located at 1402 McGaw Avenue, Irvine, CA 92614, in the County of Orange. 2. RMI was founded by Randall May (May) in 1981 and he continues to be

the CEO/President of the company. May was an accomplished professional musician and, after starting RMI, devoted himself to improving the equipment used by percussionists. The United States Patent & Trademark Office has recognized the merits of his innovations, awarding him dozens of patents. 3. May assigned his patents to RMI, which manufactures and sells products

covered by those patents. The patented RMI products include shoulder supported carrier assemblies and related hardware for percussion instruments, particularly drums of all kinds, and these products are widely-used by marching bands and drum corps. 4. RMIs carrier assemblies and hardware are the most advanced and well-

designed of such products available. Musicians in college, high school, junior high, club and other marching bands and/or drum corps, in California, the United States and abroad, use RMIs patented products that enhance ergonomics and comfort. RMIs patented carrier assemblies and hardware are even used at the highest levels of professional performance. For example, on stage marching band members of international pop star Madonnas halftime performance at in Super Bowl XLVI used RMIs patented products and a drum line shown using RMI products was featured in an ESPN Bowl Pride Week commercial alongside Grammy Award winner Nelly. 5. RMI sells its carrier assembly products to leading drum manufacturers, who

resell them to distributors, dealers, marching bands and drum corps in combination with drums. RMIs patented carrier assemblies and hardware, and the percussion instruments made by RMIs customers are closely associated with each other by both RMIs customers 2
COMPLAINT

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and the end user musicians and marching bands. RMIs customers typically sell their percussion instruments together with RMI patented carrier assemblies and hardware. The availability of such package deals influences sales considerably. 6. On information and belief, Pearl Corporation is incorporated and existing

under the laws of Tennessee, with a principal place of business located at 549 Metroplex Drive, Nashville, TN 37211. 7. On information and belief, Pearl Musical Instrument Company is a

multinational corporation, with a principal place of business located at Yachiyo City, Chiba, Japan. Pearl Corporation is a wholly owned subsidiary of Pearl Musical Instrument Company. 8. Pearl is a leading manufacturer and worldwide distributor of percussion

instruments and accessories. On information and belief, Pearl maintains authorized dealers and/or distributors within California in furtherance of the sale and distribution of percussion instruments and accessories. 9. On information and belief, Pearls percussion instruments and accessories

have been and/or are sold and/or given to marching bands and drum corps throughout California, including the internationally competitive Blue Devil Drum Corps based in Concord, CA; the Riverside Community College Marching Tigers; the Phantom Regiment based out of Rockford, IL; and the Santa Clara Vanguard Drum Corps. 10. On information and belief, Pearl has and does exhibit percussion instruments

and accessories throughout California, including at the annual National Association of Music Merchants (NAMM) convention in Anaheim, CA. 11. On information and belief, Pearl operates a website at www.pearldrum.com

through which percussion instruments and accessories are advertised to consumers in California.

COMPLAINT

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JURISDICTION AND VENUE This is a civil action for patent infringement arising under the patent laws of

the United States, 35 U.S.C. 1 et seq. This court has subject matter jurisdiction of such federal question claims pursuant to 28 U.S.C. 1331 and 1338(a). 13. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(b) in that the

acts and transactions complained of herein were conceived, carried out, made effective, and had effect within the State of California and within this district, among other places. Pearl resides in this judicial district by virtue of its business activities in this district and has committed acts of infringement in this judicial district. THE PATENTS AT ISSUE RMI alleges that Pearl infringes three RMI patents. The three patents are

divided into two groups; one patent is directed to carrier assemblies, and two others are directed to hardware for coupling percussion instruments to carrier assemblies. 15. RMI is the assignee of all right, title and interest of each of the patents at issue,

including, without limitation, the right to sue for infringement. 16. At all times, from at least as early as 2006 up to and including the present,

RMIs carrier assemblies and hardware have been marked with the associated patent numbers covering those products. RMIs Carrier Patent On July 4, 2006, the United States Patent & Trademark Office duly and legally issued United States Letters Patent No. 7,071,401 (the 401 Patent), entitled Carrier Assembly for Percussion Instruments. A true and correct copy of the 401 Patent is attached as Exhibit A and is incorporated herein by reference. 18. The 401 patent claims generally a receptacle for use with a shoulder

supported harness assembly, the receptacle supporting rods or tubes on a supporting harness for percussion instruments.

COMPLAINT

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19.

From at least as early as 2006, RMI manufactured carrier assemblies,

including MAY Tube Carriers and MAY T-Bar Carriers, having various aspects that are covered by the 401 Patent. RMIs Hardware Patents 20. On November 25, 1997, the United States Patent & Trademark Office duly and legally issued United States Letters Patent No. 5,691,492 (the 492 Patent), entitled Carrier Assembly for Percussion Instruments. A true and correct copy of the 492 Patent is attached as Exhibit B and is incorporated herein by reference. 21. The 492 patent claims generally supporting hardware for coupling drums to

an external support. 22. On June 11, 2002, the United States Patent & Trademark Office duly and legally issued United States Letters Patent No. 6,403,869 (the 869 Patent), entitled Carrier Assembly for Percussion Instruments. A true and correct copy of the 869 Patent is attached as Exhibit C and is incorporated herein by reference. 23. The 869 patent claims generally hardware for an array of drums secured

together as a group for use with an external support. 24. From at least as early as 2006, RMI manufactured hardware, including FreeFloating Snare Attachments and Tenor Rails, covered by at least one of the 492 Patent and the 869 Patent. PEARL RESOLD RMIS PATENTED PRODUCTS 25. During about the 1998-2009 time frame, RMI manufactured and sold to Pearl, and Pearl then resold, patented RMI products in combination with Pearls percussion instruments. Pearl Resold RMIs Patented Carrier Assemblies 26. Among the RMI patented carrier assemblies resold by Pearl were the MAY T-

Bar Carrier line and the MAY Tube Carrier line, which were prominently displayed and promoted in Pearl advertisements. 5

COMPLAINT

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27. 401 Patent. 28.

On information and belief, the MAY T-Bar Carrier line and the MAY Tube

Carrier line products sold by Pearl were marked with RMIs patent numbers, including the On information and belief, during that same period, Pearls catalogs,

brochures, websites and other advertising materials listed RMIs patent numbers, including the 401 Patent. Pearl Resold RMIs Patented Hardware 29. Among the RMI patented hardware resold by Pearl were the Free-Floating

Snare Attachments and the Tenor Rails, which were prominently displayed and promoted in Pearl advertisements. 30. On information and belief, the Free-Floating Snare Attachments and the Tenor Rails were marked with RMIs patent numbers, including the 492 Patent and the 869 Patent. 31. On information and belief, during that same period, Pearls catalogs, brochures, websites and other advertising materials listed RMIs patent numbers, including the 492 Patent and the 869 Patent. PEARL STOPPED SELLING RMIS PATENTED CARRIER ASSEMBLIES & PRODUCTS AND SUBSTITUED ITS OWN INFRINGING VERSIONS 32. On or about November 2008, Pearl representatives told RMI that Pearl would

no longer be purchasing RMI products. 33. At about this time, Pearl indicated to RMI that Pearl would be manufacturing

its own carrier assemblies and hardware. RMI reminded Pearl that the RMI carrier assemblies and hardware were covered by patents known to Pearl. Pearl acknowledged the existence of RMIs patents and assured RMI that Pearl would not sell an infringing product. Pearl agreed to permit RMI to examine Pearl carrier assemblies and hardware for potential infringement of RMIs patents prior to the Pearl products being offered for sale.

COMPLAINT

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34.

Pearl continued to purchase RMI carriers until on or about May 2009, during

which time, on information and belief, Pearl designed infringing products substantially identical to and/or based upon RMIs patented products. 35. On information and belief, starting as early as May 2009, Pearl made, used

and/or offered for sale, though its catalogs and distributors, carrier assemblies and hardware that were not manufactured by RMI including but not limited to Pearls T-Frame Carrier line, the Tube Carrier line, the Airframe Carrier line, the Snare Attachment, the Snare Mount, the Tenor Back Bar, and the Tenor Rail (the Accused Products). 36. Contrary to its word, on or about the time Pearl started offering the Accused The Accused Products fall within the scope of one or more claims of: the 401 As a result of Pearls infringement RMI has lost sales of its carrier assembly

Products for sale Pearl withdrew its offer to permit RMI to inspect the Accused Products. 37. Patent, the 492 Patent, and the 869 Patent (the Asserted Patents). 38.

products, and otherwise has been damaged, in an amount to be determined. 39. To the extent Pearl made any sales of infringing products that did not reduce RMIs profits for lost sales, Pearl would have paid a premium as a royalty based on both sales of Accused Products and associated percussion instruments sold with the Accused Products. 40. RMIs other customers lost sales of drums and other accessories as a result of Pearls infringement. Such lost sales reduced both the amount of sales of RMIs patented products, and suppressed the price of those products in an amount to be determined. 41. The Accused Products are now being sold without authority or consent and COUNT I INFRINGEMENT OF RMIS 401 PATENT 42. Plaintiff incorporates herein by reference the allegations set forth in RMI is the owner of all right, title, and interest in the 401 Patent. 7

without remittance of royalties, and as such are acts of patent infringement by Pearl.

paragraphs 1-41 of the Complaint as though fully set forth herein. 43.

COMPLAINT

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44.

By making, using, selling, and offering for sale the Accused Products, Pearl

has and continues to infringe the 401 Patent under 35 U.S.C. 271, directly and/or indirectly, contributorily and/or by inducement. 45. On information and belief, Pearl will continue to infringe the 401 Patent On information and belief, Pearls infringement of the 401 Patent is, and has As a direct and proximate result of Pearls infringement of the 401 patent,

unless enjoined by this Court. 46.

been, willful and deliberate. 47.

RMI has been and continues to be damaged in an amount yet to be determined. 48. Unless an injunction is issued enjoining Pearl and its officers, agents, servants

and employees, and all others action on their behalf or in concert with Pearl, from infringing the 401 Patent, RMI will be greatly and irreparably harmed. COUNT II INFRINGEMENT OF RMIS 492 PATENT 49. Plaintiff incorporates herein by reference the allegations set forth in RMI is the owner of all right, title, and interest in the 492 Patent. By making, using, selling, and offering for sale the Accused Products, Pearl

paragraphs 1-48 of the Complaint as though fully set forth herein. 50. 51.

has and continues to infringe the 492 Patent under 35 U.S.C. 271, directly and/or indirectly, contributorily and/or by inducement. 52. On information and belief, Pearl will continue to infringe the 492 Patent On information and belief, Pearls infringement of the 492 Patent is, and has As a direct and proximate result of Pearls infringement of the 492 patent,

unless enjoined by this Court. 53.

been, willful and deliberate. 54.

RMI has been and continues to be damaged in an amount yet to be determined. 55. Unless an injunction is issued enjoining Pearl and its officers, agents, servants

and employees, and all others action on their behalf or in concert with Pearl, from infringing the 492 Patent, RMI will be greatly and irreparably harmed. 8
COMPLAINT

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COUNT III INFRINGEMENT OF RMIS 869 PATENT Plaintiff incorporates herein by reference the allegations set forth in RMI is the owner of all right, title, and interest in the 869 Patent. By making, using, selling, and offering for sale the Accused Products, Pearl

paragraphs 1-55 of the Complaint as though fully set forth herein. 57. 58.

has and continues to infringe the 869 Patent under 35 U.S.C. 271, directly and/or indirectly, contributorily and/or by inducement. 59. On information and belief, Pearl will continue to infringe the 869 Patent On information and belief, Pearls infringement of the 869 Patent is, and has As a direct and proximate result of Pearls infringement of the 869 patent,

unless enjoined by this Court. 60.

been, willful and deliberate. 61.

RMI has been and continues to be damaged in an amount yet to be determined. 62. Unless an injunction is issued enjoining Pearl and its officers, agents, servants

and employees, and all others action on their behalf or in concert with Pearl, from infringing the 869 Patent, RMI will be greatly and irreparably harmed. PRAYER FOR RELIEF WHEREFORE, Plaintiff RMI prays for judgment against Defendant Pearl as

For a judicial determination and declaration that Defendant Pearl has infringed

United States Letters Patent Nos. 7,071,401; 5,691,492; and/or 6,403,869 pursuant to 35 U.S.C. 271(a), (b) and/or (c); (2) For a judicial determination and decree that Defendant Pearl, its respective

subsidiaries, officers, agents, servants, employees, licensees, and all other persons or entities acting or attempting to act in active concert or participation with it or acting on its behalf, be preliminarily and permanently enjoined from further infringement of United States Letters Patent Nos. 7,071,401; 5,691,492; and/or 6,403,869; (3) For an award of damages;
COMPLAINT

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(4)

For a judicial declaration that Defendant Pearls infringement is and continues

to be willful, and that Defendant Pearl be ordered to pay enhanced damages of as much as treble actual damages pursuant to 35 U.S.C. 284; (5) For a judicial declaration that this case is exceptional under 35 U.S.C. 285 and that Defendant Pearl be ordered to pay RMIs costs, expenses, and reasonable attorneys fees pursuant to 35 U.S.C. 284 and 285; (6) For a judicial order awarding to RMI pre-judgment and post-judgment interest on the damages caused to it by Defendant Pearls infringement; and (7) For any such other and further relief as the Court may deem just and proper

under the circumstances.

Dated: January 4, 2013

ONE LLP

By: Lester J. Savit Attorneys for Plaintiff , Randall May International, Inc.

COMPLAINT

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 4, 2013

DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial pursuant to Rule 38 of the Federal Rules of Civil Procedure as to all issues in this lawsuit.

ONE LLP

By: Lester J. Savit Attorneys for Plaintiff, Randall May International, Inc.

COMPLAINT

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Exhibit A

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Exhibit B

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Exhibit C

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