IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION QUALITAS MANUFACTURING INCORPORATED,

Plaintiff, v. PENTAGON MANUFACTURING CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No.: 1:13-cv-7321

JURY TRIAL DEMANDED

COMPLAINT Plaintiff Qualitas Manufacturing Incorporated ("QMI") states and alleges against the named Defendant Pentagon Manufacturing Corporation ("Pentagon"), as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the Patent Laws of the This Court has subject matter

United States, Title 35, United States Code, 1 et seq.

jurisdiction pursuant to 35 U.S.C. 271 and 281, and 28 U.S.C. 1331 and 1338(a). 2. This Court has personal jurisdiction over Pentagon because, on information and

belief, Pentagon has transacted and continues to transact business in the State of Illinois, and the cause of action rises out of business transacted by Pentagon within the State of Illinois. 3. and 1400(b). THE PARTIES 4. Plaintiff QMI is a corporation organized and existing under the laws of the state Venue in this judicial district is proper pursuant to 28 U.S.C. 1391(b), 1391(c),

of Illinois, having its principal place of business at 1661 Glenlake Avenue, Itasca, Illinois 60143.

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On information and belief, Defendant Pentagon is a corporation organized and

existing under the laws of the country of Canada, having its principal place of business at 5 Granite Avenue, Stonewall, Manitoba, R0C 2Z0, Canada. FACTUAL BACKGROUND QMI's Patent Rights 6. Plaintiff QMI is the assignee of United States Patent No. 7,357,171 ("the '171

patent"), entitled "Low-Clearance Shutter Slat," naming inventor James V. Miller, which was duly and legally issued by the United States Patent and Trademark Office (USPTO) on April 15, 2008. A copy of the 171 Patent is attached to this Complaint as Exhibit A. 7. Plaintiff QMI is the assignee of United States Patent No. 7,784,522 ("the '522

patent"), entitled "Locator and Shutter Slat," naming inventor James V. Miller, which was duly and legally issued by the United States Patent and Trademark Office (USPTO) on August 31, 2010. A copy of the 522 Patent is attached to this Complaint as Exhibit B. QMI's Patented Rolling Shutter Slat 8. QMI is a manufacturer that specializes in the manufacture, sale, and installation of

rolling shutters for windows and doors. 9. Rolling shutters are protective devices that constitute a curtain of slats linked by

hinges that slide in a guide rail to cover and uncover a door or window or any other building opening. When the curtain is retracted to uncover a building opening door or window, the curtain of linked slats is wound around a spindle inside a housing adjacent to the building opening. 10. Prior to March 2004, QMI developed the AL-6 single wall slat for rolling

shutters. Where traditional rolling shutter slats are double walled, the AL-6 slat have a main

body comprising a single wall of metal. The AL-6 slat incorporates features that allow the slat to offer the security of a traditional double-walled slat, but with the considerable advantage of lower weight, and the ability to wind more compactly inside a housing. 11. QMI has expended considerable time, effort, and resources to develop its AL-6

rolling shutter slat. The AL-6 slat has been a commercial success for QMI since its introduction. 12. The technology incorporated in the AL-6 slats have been granted patent

protection by the United States Patent and Trademark Office, as reflected by U.S. Patent Nos. 7,357,171 and 7,784,522. Defendant's Infringing Acts 13. On information and belief, Pentagon is in the business of manufacturing, selling,

importing, and/or installing rolling shutters. 14. On information and belief, Pentagon is manufactures, sells, imports, and/or

installs single wall slats and rolling shutters incorporating single wall slats. 15. On information and belief, the single wall slats and rolling shutters incorporating

single wall slats manufacture, sold, imported, and/or installed by Pentagon infringe at least claim 1 of the '171 patent. 16. On information and belief, the single wall slats and rolling shutters incorporating

single wall slats manufacture, sold, imported, and/or installed by Pentagon infringe at least claims 1, 8, 9, and 13 of the '522 patent. COUNT I Infringement of U.S. Patent No. 7,357,171 17. Plaintiff re-alleges paragraphs 1-16 as if fully set forth.

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On information and belief, Pentagon has been and still is infringing, contributing

to and actively inducing infringement of QMI's 171 Patent in this judicial district and elsewhere in the United States by the manufacture, use, sale, offer for sale, and/or importation into the United States of rolling shutters and/or rolling shutter slats that fall within the scope of the claimed subject matter of QMI's 171 Patent. 19. 20. QMI has been, and continues to be, damaged by Defendant's infringement. On information and belief, unless preliminarily and permanently enjoined by this

Court, Pentagon will continue its acts of infringement, to QMI's substantial and irreparable harm. COUNT II Infringement of U.S. Patent No. 7,784,522 21. 22. Plaintiff re-alleges paragraphs 1-20 as if fully set forth. On information and belief, Pentagon has been and still is infringing, contributing

to and actively inducing infringement of QMI's 522 Patent in this judicial district and elsewhere in the United States by the manufacture, use, sale, offer for sale, and/or importation into the United States of rolling shutters and/or rolling shutter slats that fall within the scope of the claimed subject matter of QMI's 522 Patent. 23. 24. QMI has been, and continues to be, damaged by Pentagon 's infringement. On information and belief, unless preliminarily and permanently enjoined by this

Court, Pentagon will continue its acts of infringement, to QMI's substantial and irreparable harm. PRAYER FOR RELIEF WHEREFORE, QMI respectfully prays that this Court: A. Enter an order, pursuant to 35 U.S.C. 271, finding that Pentagon has infringed

one or more claims of the 171 Patent;

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Enter an order, pursuant to 35 U.S.C. 271, finding that Pentagon has infringed

one or more claims of the 522 Patent; C. Pursuant to 35 U.S.C. 283, preliminarily and permanently enjoin Pentagon, its

officers, directors, agents, employees, successors and assigns, and any persons acting in privity or in concert with Pentagon, from infringing, inducing others to infringe, and contributing to the infringement of one or more claims of the 171 or '522 Patent; D. Award QMI damages in an amount adequate to compensate QMI for Pentagon's

acts of infringement, including, but not limited to, QMI's lost profits resulting from Pentagon's sales of infringing products, but in no event less than a reasonable royalty; E. Such other relief that this Court deems just and proper. JURY DEMAND Plaintiff hereby demands trial by jury on all issues triable to a jury. Dated: October 11, 2013 By: /s/ Anthony Nimmo Anthony Nimmo (6195174) Brian J. Lum (6256315) ICE MILLER LLP 200 West Madison Street, Suite 3500 Chicago, Illinois 60606 Telephone: 312-726-1567 Christopher R. Powers ICE MILLER LLP One American Square, Suite 2900 Indianapolis, Indiana 46282 Telephone: 317-236-2100 Attorneys for Plaintiff Qualitas Manufacturing Incorporated