Case 1:13-cv-03160 Document 1 Filed 11/20/13 USDC Colorado Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. THULE ORGANIZATION SOLUTIONS, INC. a Colorado corporation, Plaintiff, v. MIZCO INTERNATIONAL, INC. a New Jersey corporation, Defendant. COMPLAINT AND JURY DEMAND Plaintiff Thule Organization Solutions, Inc. ("Thule"), by and through its undersigned attorneys, for its Complaint against Mizco International, Inc. ("Defendant" or "Mizco") states as follows: PARTIES 1. Thule is a Colorado corporation, having its principal place of business at 6303

Dry Creek Parkway, Longmont, Colorado 80503. 2. Upon information and belief, Defendant is a corporation formed under the laws of

the commonwealth of New Jersey with its principal place of business at 80 Essex Avenue East, Avenel, New Jersey 07001.

Case 1:13-cv-03160 Document 1 Filed 11/20/13 USDC Colorado Page 2 of 5

JURISDICTION AND VENUE 3. This is a civil action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. § 101, et. seq. 4. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331 and 1338(a). 5. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400. GENERAL ALLEGATIONS 6. through 5. 7. U.S. Design Patent No. D592,400 ("the '400 Patent"), for a "Stretchable Notebook Thule incorporates herein by reference each and every allegation in paragraphs 1

Computer Case," was duly and legally issued on May 19, 2009. A true and correct copy of the '400 Patent is attached hereto as Exhibit 1. By assignment, Thule owns all right, title and interest in and to the '400 Patent. 8. Upon information and belief, sometime after the '400 Patent issued, Mizco began

manufacture of or instructed another party to manufacture a flexible storage sleeve like the one shown and described in the '400 Patent. 9. Mizco has offered for sale and sold and continues to sell in the United States

flexible storage sleeves that infringe the '400 Patent. Images of Mizco's flexible storage sleeve are shown in Exhibit 2. 10. Upon information and belief, Mizco has offered to sell and has sold at least one

flexible storage sleeve that infringes the '400 Patent in the state of Colorado. 11. Thule, by correspondence dated February 14, 2013 and April 9, 2013, informed

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Mizco of its objection to Mizco offering and selling a flexible storage sleeve because of Thule's rights in the '400 Patent. True and accurate copies of those letters are attached hereto as Exhibit 3. To date, Mizco has not removed or recalled any of the infringing flexible storage sleeves. CLAIM FOR RELIEF (Infringement of the '400 Patent) 12. through 11. 13. Defendant's activities in making, using, selling and/or offering to sell in the Thule incorporates herein by reference each and every allegation in paragraphs 1

United States and/or importing into the United States the flexible storage sleeve constitutes direct infringement of the '400 Patent, in violation of 35 U.S.C. § 271(a). 14. Upon information and belief, Defendant is inducing direct infringement of the

'400 Patent by others by actively instructing, assisting, and/or encouraging others to practice one or more of the inventions claimed in the '400 Patent, in violation of 35 U.S.C. § 271(b). 15. Upon information and belief, Defendant is contributing to direct infringement of

the '400 Patent by others by directing others to manufacture one or more components which constitute a material part of the invention defined by the claims of the '400 Patent, knowing the same to be especially made or especially adapted for use in an infringement of the '400 Patent, and which components are not staple articles or commodities of commerce suitable for substantial non-infringing use, in violation of 35 U.S.C. § 271(c). 16. Defendant's actions of making, having made, importing, using or selling products

which infringe the '400 Patent have been, and are, willful, deliberate and/or in conscious disregard of Thule's rights, making this an exceptional case within the meaning of 35 U.S.C. § 285 and entitling Thule to an award of its attorneys' fees and treble damages.

3

Case 1:13-cv-03160 Document 1 Filed 11/20/13 USDC Colorado Page 4 of 5

17.

Defendant's infringement of the '400 Patent has caused damage to Thule in an

amount to be ascertained at trial. 18. Defendant's infringement of the '400 Patent has caused and will continue to cause

irreparable injury to Thule, to which there exists no adequate remedy at law. Defendant's infringement of the '400 Patent will continue unless enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Thule requests that judgment be entered in its favor and against Defendant as follows: A. D592,400; B. Issuing temporary, preliminary, and permanent injunctions enjoining Defendant, Declaring that Defendant has infringed United States Design Patent No.

its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert with any of the foregoing, from further activities that constitute infringement of United States Design Patent No. D592,400, pursuant to 35 U.S.C. § 283; C. Awarding Thule damages arising out of Defendant's infringement of United

States Design Patent No. D592,400 in an amount not less than lost profits or for each act of infringement, and trebling those damages pursuant to 35 U.S.C. § 284, together with costs and pre- and post-judgment interest; D. Finding that this is an "exceptional case" within the meaning of 35 U.S.C. § 285

and awarding reasonable attorneys' fees to Thule; and E. and proper. Awarding Thule such further legal and equitable relief as the Court deems just

4

Case 1:13-cv-03160 Document 1 Filed 11/20/13 USDC Colorado Page 5 of 5

JURY DEMAND Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Thule demands a trial by jury on all issues so triable.

DATED: November 20, 2013

Respectfully submitted,

By:

s/ Ian R. Walsworth Todd P. Blakely tblakely@sheridanross.com Ian R. Walsworth iwalsworth@sheridanross.com SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202-5141 Telephone: 303-863-9700 Facsimile: 303-863-0223 E-mail: litigation@sheridanross.com

ATTORNEYS FOR PLAINTIFF THULE ORGANIZATION SOLUTIONS, INC.

5

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EXHIBIT 1, p. 1

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EXHIBIT 1, p. 2

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EXHIBIT 1, p. 3

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EXHIBIT 1, p. 4

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EXHIBIT 2, p. 1 http://mizco.com/iessentials/iessentials/tablets/cases-screen-protectors.html 2/11/2013

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EXHIBIT 3, p. 8

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Case 1:13-cv-03160 Document 1-5 Filed 11/20/13 USDC Colorado Page 1 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District of Colorado __________ District of __________
Thule Organization Solutions, Inc.
Plaintiff

v.
Mizco International, Inc.
Defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Mizco International, Inc.
80 Essex Avenue East Avenel, NJ 07001

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Ian R. Walsworth
Sheridan Ross P.C. 1560 Broadway, Suite 1200 Denver, CO 80202 Telephone: 303-863-9700 E-mail: iwalsworth@sheridanross.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 1:13-cv-03160 Document 1-5 Filed 11/20/13 USDC Colorado Page 2 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

’ I personally served the summons on the individual at (place) on (date) ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or , who is on (date) ’ I returned the summons unexecuted because ’ Other (specify): . ; or ; or ; or

’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

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