Raymond B. Churchill, Jr. Robert B.

Hander LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP 600 South Avenue West Westfield, NJ 07090-1497 Tel: 908.654.5000 Fax: 908.654.7866 Attorneys for Plaintiffs Liberty Sport, Inc. and Halo Sports And Safety, Inc. Document Filed Electronically UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY LIBERTY SPORT, INC. and HALO SPORTS AND SAFETY, INC., Plaintiffs, v. MIRO OPTIX LLC, Defendant. : : : : : : : : : x

Civil Action No.

COMPLAINT AND DEMAND FOR TRIAL BY JURY Plaintiffs Liberty Sport, Inc. and Halo Sports And Safety, Inc. (collectively "Plaintiffs"), by way of complaint against defendant Miro Optix LLC, hereby allege and aver as follows: NATURE OF THE SUIT This is a suit against Miro Optix LLC under the United States patent laws, 35 U.S.C. 1 et seq., for infringement of United States Patent Nos. 6,890,073 and 7,137,700. PARTIES 1. Plaintiff Liberty Sport, Inc. is a corporation organized and existing under the laws

of the State of New Jersey, having a principal place of business at 107 Fairfield Road, Fairfield, New Jersey 07004.

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2.

Plaintiff Halo Sports And Safety, Inc. is a corporation organized and existing

under the laws of the State of New York, having a principal place of business at 9 Phair Street, Gloversville, New York 12078. 3. On information and belief, defendant Miro Optix LLC ("Miro Optix") is a limited

liability company organized and existing under the laws of the State of New York, having a principal place of business at 83 Milbar Boulevard, Farmingdale, New York 11735. JURISDICTION AND VENUE 4. This is an action for pecuniary and injunctive relief from acts of the defendant

arising under the patent laws of the United States, 35 U.S.C. 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 5. 6. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b). On information and belief, Miro Optix has done and is doing business in this

judicial district, both generally and with respect to the allegations in this complaint, and Miro Optix has committed one or more acts of patent infringement in this judicial district. FIRST CLAIM FOR RELIEF Infringement Of U.S. Patent No. 6,890,073 7. United States Patent No. 6,890,073 ("the '073 Patent") (a copy of which is

attached as Exh. A), entitled "Impact Resistant Eyewear Frame Assembly Having A Split Frame," was duly and legally issued by the United States Patent and Trademark Office on May 10, 2005. 8. Plaintiffs are co-owners of, and together own, all right, title, and interest in, to,

and under the '073 Patent.

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9.

To the extent Plaintiffs have imported, made, offered for sale, or sold products

covered by the claims of the '073 Patent, Plaintiffs have marked such products in compliance with 35 U.S.C. 287(a). 10. Upon information and belief, Miro Optix has been and is manufacturing,

advertising, marketing, selling, offering for sale, or importing, directly or through the use of intermediaries, eyewear frames that infringe one or more claims of the '073 Patent, including but not necessarily limited to the DV1A and DV1B models. 11. Miro Optix's manufacture, advertisement, marketing, sale, offer for sale, or

importing of the DV1A and DV1B is an infringement of Plaintiffs' statutory rights under the '073 Patent. 12. On information and belief, the conduct of defendant Miro Optix, as set forth

hereinabove, has been with full knowledge of the existence of the '073 Patent. 13. The aforesaid acts of Miro Optix were committed willfully, deliberately,

knowingly, and in conscious disregard of Plaintiffs' rights, thus rendering this case exceptional under 35 U.S.C. 285. 14. The aforesaid conduct of Miro Optix has caused Plaintiffs immediate, great, and

irreparable injury in its property and business, which will continue unless Miro Optix is restrained from its wrongful acts. 15. Plaintiffs have no adequate remedy at law. SECOND CLAIM FOR RELIEF Infringement Of U.S. Patent No. 7,137,700 16. United States Patent No. 7,137,700 ("the '700 Patent") (a copy of which is

attached as Exh. B), entitled "Impact Resistant Eyewear Frame Assembly Having A Split Frame

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And Fastener Reinforcement," was duly and legally issued by the United States Patent and Trademark Office on November 21, 2006. 17. Plaintiffs are co-owners of, and together own, all right, title, and interest in, to,

and under the '700 Patent. 18. To the extent Plaintiffs have imported, made, offered for sale, or sold products

covered by the claims of the '700 Patent, Plaintiffs have marked such products in compliance with 35 U.S.C. 287(a). 19. Upon information and belief, Miro Optix has been and is manufacturing,

advertising, marketing, selling, offering for sale, or importing, directly or through the use of intermediaries, eyewear frames that infringe one or more claims of the '700 Patent, including but not necessarily limited to the DV1A and DV1B models. 20. Miro Optix's manufacture, advertisement, marketing, sale, offer for sale, or

importing of the DV1A and DV1B is an infringement of Plaintiffs' statutory rights under the '700 Patent. 21. On information and belief, the conduct of defendant Miro Optix, as set forth

hereinabove, has been with full knowledge of the existence of the '700 Patent. 22. The aforesaid acts of Miro Optix were committed willfully, deliberately,

knowingly, and in conscious disregard of Plaintiffs' rights, thus rendering this case exceptional under 35 U.S.C. 285. 23. The aforesaid conduct of Miro Optix has caused Plaintiffs immediate, great, and

irreparable injury in its property and business, which will continue unless Miro Optix is restrained from its wrongful acts. 24. Plaintiffs have no adequate remedy at law.

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PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for the following relief: A. a judgment and decree that defendant Miro Optix LLC has infringed United States

Patents Nos. 6,890,073 and 7,137,700; B. an order preliminarily and permanently enjoining defendant Miro Optix LLC and its

agents, servants, employees, attorneys, successors, and assigns, and all others in active concert or participation with them, from infringing United States Patent Nos. 6,890,073 and 7,137,700; C. an order requiring defendant Miro Optix LLC to pay to Plaintiffs damages in an

amount adequate to compensate them for defendant Miro Optix LLC's infringement of United States Patents Nos. 6,890,073 and 7,137,700, but in no event less than a reasonable royalty; D. an order requiring defendant Miro Optix LLC to pay Plaintiffs treble the amount of

compensatory damages for patent infringement, pursuant to 35 U.S.C. 284; E. an award to Plaintiffs of their reasonable attorney fees, costs, and expenses,

including those available under 35 U.S.C. 285; F. an order awarding Plaintiffs prejudgment and postjudgment interest on any

monetary award in this action; and G. such other and further relief as this Court may deem just and proper.

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JURY DEMAND
Plaintiffs hereby demand a trial by a jury as to all issues triable of right by a jury. Respectfully submitted, LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Attorneys for Plaintiffs Liberty Sport, Inc. and Halo Sports And Safety, Inc. Dated: January 8, 2013 By: s/ Robert B. Hander Robert B. Hander Raymond B. Churchill, Jr. Tel: 908.654.5000 E-mail:rhander@ldlkm.com rchurchill@ldlkm.com litigation@ldlkm.com

CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2 The undersigned hereby certifies, pursuant to Local Civil Rule 11.2, that with respect to the matter in controversy herein, Plaintiffs Liberty Sport, Inc.'s and Halo Sports And Safety, Inc.'s attorneys are not aware of any other action pending in any court, or of any pending arbitration or administrative proceeding, to which this matter is subject. LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Attorneys for Plaintiffs Liberty Sport, Inc. and Halo Sports And Safety, Inc. Dated: January 8, 2013 By: s/ Robert B. Hander Robert B. Hander Raymond B. Churchill, Jr. Tel: 908.654.5000 E-mail: rhander@ldlkm.com rchurchill@ldlkm.com litigation@ldlkm.com

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