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, Plaintiff,


AKER SOLUTIONS US, INC., Defendant. JURY TRIAL DEMANDED ORIGINAL COMPLAINT Plaintiff, DUCO, Inc. (hereinafter "DUCO" or "Plaintiff'), through its counsel, files this Original Complaint against Defendant, Aker Solutions US, Inc. (hereinafter "Aker" or "Defendant"), and for cause of action respectfully states and alleges as follows: I. NATURE OF THE ACTION 1 This is an action for patent infringement pursuant to Title 35, United States Code. II. PARTIES 2 Plaintiff DUCO is a Delaware Corporation having its principal place of business

located at 16661 Jacintoport Boulevard, Houston, Texas 77015. 3. Defendant Aker is a Delaware corporation that operates in the State of Texas and

having its principal place of business at 3600 Briarpark Drive, Houston, Texas 77042. Aker may be served with process through its registered agent, CT Corporation System, at 3500 North St. Paul Street, Dallas, Texas 75201.

4. This Court has subject matter jurisdiction under the provisions of 28 U.S.C.

1331 and 1338(a), in that this action for patent infringement arises under the laws of the United States, including 35 U.S.C. 271 and 281-285. 5. Personal jurisdiction over Aker comports with the United States Constitution

because Aker does business in this judicial district, has committed and continues to commit, or has contributed and continues to contribute to, acts of patent infringement in this judicial district as alleged in this Complaint, or otherwise has sufficient contacts with the state. 6. 1400. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), (c), and


7. On October 29, 2002, Unites States Patent No. 6,472,614 (the "614 patent")

entitled "Dynamic Umbilicals With Internal Steel Rods" was duly and legally issued. DUCO is the exclusive licensee of the `614 patent. A copy of the `614 patent is attached hereto as Exhibit A 8. 9. The `614 patent is enforceable, valid and presumed valid under 35 U.S.C. 282. The `614 patent relates to an umbilical used for transmitting power, signals and

fluids to and from a subsea installation at substantial depths. V. AKER'S INFRINGEMENT OF THE `614 PATENT 10. Aker has infringed the `614 patent by making, using, importing, selling, and/or

offering to sell umbilicals with internal steel rods, including Aker's umbilicals designed for

Newfield Exploration Company specific to the Gladden Project, which come within or are operated within the scope of one or more of the claims of DUCO's '614 patent. 11. Additionally or alternatively, Aker has contributed to or induced infringement by

third party customers by importing, selling and/or offering to sell to its customers, Aker's infringing umbilicals, which come within or are operated by one or more of Aker's customers within the scope of one or more of the claims of DUCO's '614 patent, and/or by instructing such third party customers on the use of DUCO's infringing umbilicals within the scope of one or more of such patent claims. 12. Aker's acts of infringement are causing DUCO to sustain damages, and will

continue to do so unless and until enjoined by order of this Court. VI. DEMAND FOR JURY 13. DUCO hereby demands a jury trial of all issues so triable, pursuant to Rule 38 of

the Federal Rules of Civil Procedure. VII. PRAYER FOR RELIEF WHEREFORE, DUCO prays for the following relief from the Court and Jury: a. That the '614 patent be adjudged infringed by Aker under all applicable

provisions of Title 35, United States Code; b. That Aker, its officers, directors, employees, agents and all those acting in concert

with Aker be enjoined, pursuant to 35 U.S.C. 283, from all future activities infringing the '614 patent, and/or inducing or contributing to the infringement of the '614 patent by others, including making, using, selling or offering for sale the claimed subject matter of the '614 patent;


That Aker be required to prepare and deliver to the Court a complete list of

entities to whom Aker has sold or offered for sale any product that infringes the '614 patent; d. That Aker be ordered to account to DUCO for all sales, revenues, and profits

derived from its infringement of the '614 patent, pursuant to all applicable provisions of Title 35, United States Code; e. That this Court award DUCO's actual and compensatory damages resulting from

Aker's infringing activities, together with prejudgment and post judgment interest and costs, as provided by 35 U.S.C. 284; f. appropriate. Dated: August 3, 2011 Respectfully submitted, RALEY & BOWICK, LLP That DUCO be awarded such other and further relief as may be just and

Is! John W. Raley

John W. Raley Robert M. Bowick 1800 Augusta Drive, Suite 300 Houston, Texas 77057 (713) 429-8050 (telephone) (713) 429-8045 (facsimile)