IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION VTI, LLC Plaintiff, v.

ZOSKE’S SALES & SERVICES, INC. and MICK ZOSKE, Defendants. ) ) ) ) ) ) ) ) ) )

Case No. __________________ COMPLAINT PATENT INFRINGEMENT JURY TRIAL DEMANDED

NATURE OF THE CASE VTI, LLC (“VTI”), Plaintiff, for Complaint alleging patent infringement against Zoske’s Sales & Services, Inc. (“Zoske’s Sales & Services”) and Mick Zoske, Defendants, states: THE PARTIES 1. VTI is an Iowa limited liability company having a principal place of

business in Washington, Iowa. 2. Zoske’s Sales & Services is an Iowa corporation having a principal place of

business in Iowa Falls, Iowa. 3. Mick Zoske is an individual residing in Alden, Iowa. JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the Patent Laws of

the United States, 35 U.S.C. §§ 271 et seq. The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1338(a).

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This Court has personal jurisdiction over Zoske’s Sales & Services and

Mick Zoske. Venue is proper in this District pursuant to 28 U.S.C. § 1391. FACTS 6. On October 8, 2013, U.S. Patent No. 8,550,019 (“the ‘019 Patent”) (attached

hereto as Exhibit A), entitled “Slurry Applicator for an Agricultural Machine,” was duly and legally issued to VTI as assignee on an application filed May 23, 2011. 7. 8. VTI is the owner of all right, title and interest in the ‘019 Patent. Zoske’s Sales & Services and Mick Zoske have been, and are willfully

infringing the ‘019 Patent by making, using, offering to sell, and selling within the United States, an infringing slurry applicator sold under the name “Cyclone Injector,” as depicted in Exhibit B (the “Cyclone Injector”). 9. VTI notified Zoske’s Sales & Services and Mick Zoske that the Cyclone

Injector infringed one or more claims of ‘019 Patent. 10. Zoske’s Sales & Services and Mick Zoske responded by placing a mud flap

behind the coulter wheel of the Cyclone Injector in an effort to avoid infringement. 11. The mud flap renders the Cyclone Injector substantially inoperable for its

intended purpose. 12. Zoske’s Sales & Services and Mick Zoske continue to advertise and

promote the Cyclone Injector without the mud flap by advertising its operation in a video that clearly shows the Cyclone Injector operating in its intended manner without the mud flap behind the coulter wheel.

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13.

Zoske’s Sales & Services and Mick Zoske added the mud flap with the

intent that it be removed by the customer after the Cyclone Injector is purchased. 14. Zoske’s Sales & Services and Mick Zoske have been, and are willfully

infringing the ‘019 Patent by inducing others to infringe the ‘019 Patent. 15. Zoske’s Sales & Services and Mick Zoske have been, and are willfully

infringing the ‘019 Patent by contributing to the infringement by others of the ‘019 Patent. 16. Unless enjoined by the court, Zoske’s Sales & Services and Mick Zoske

will continue to infringe, induce the infringement of, and/or contributorily infringe the ‘019 Patent. 17. The infringement by Zoske’s Sales & Services and Mick Zoske have been,

currently are, and in the future will be a proximate cause of substantial damage to VTI. 18. If not enjoined as requested herein, the infringement by Zoske’s Sales &

Services and Mick Zoske will be a proximate cause of irreparable harm to VTI. DEMAND FOR JURY The Plaintiff, VTI, LLC, respectfully request a jury trial for this matter. PRAYER FOR RELIEF WHEREFORE, the Plaintiff, VTI, LLC, demand that judgment be entered in its favor against Zoske’s Sales & Services, Inc. and Mick Zoske granting the following relief: A. Issuance of a preliminary injunction and a permanent injunction

restraining Mick Zoske and Zoske’s Sales & Services, Inc., its officers, agents, servants, 3

attorneys and all persons in active concert or participation with Mick Zoske and Zoske’s Sales & Services, Inc. from further acts of infringement of the ‘019 Patent; B. Entry of an award of damages sufficient to compensate VTI for the

infringement and other unlawful conduct of Mick Zoske and Zoske’s Sales & Services, Inc.; C. Entry of an award of prejudgment interest in an amount based on the

prevailing rate of interest in effect for the period from the date of each act of infringement of the ‘019 Patent by Mick Zoske and Zoske’s Sales & Services, Inc. until the date judgment is entered herein, and a further award of post-judgment interest at the prevailing rate thereafter until such judgment is paid; D. Entry of an award of enhanced damages in an amount not less than three

times the damages found or assessed by this Court for the willful and wanton acts of infringement by Mick Zoske and Zoske’s Sales & Services, Inc.; E. F. G. Entry of an award of reasonable attorneys’ fees; Entry of an award of costs incurred in the prosecution of this suit; and Such other and further relief as this Court shall deem appropriate. /Jason R. Sytsma/ JASON R. SYTSMA AT0009728 for SHUTTLEWORTH & INGERSOLL, P.L.C. 500 Firstar Bank Bldg., P.O. Box 2107 Cedar Rapids, IA 52406 PHONE: (319) 365-9461 FAX: (319) 365-8443 jrs@shuttleworthlaw.com ATTORNEY FOR PLAINTIFF VTI, LLC. 4

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