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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN SILVER EAGLE LABS, INC., Plaintiff, Case No.

______________________ v. M&C SPECIALTIES COMPANY, Defendant.

COMPLAINT The Plaintiff, Silver Eagle Labs, Inc. (Silver Eagle) by its undersigned attorneys, files this Complaint against the Defendant, M&C Specialties Company (M&C), alleging as follows: PARTIES 1. Silver Eagle is a corporation organized and existing under the laws of the State of

Nevada with its a principal place of business located at 204 W. Spear Street, Carson City, Nevada 89703. 2. 3. in-suit). 4. Upon information and belief, M&C is a company organized and existing under Silver Eagle designs, develops, markets, and sells nasal strips. Silver Eagle is the owner by assignment of U.S. Patent No. 7,114,495 (the patent-

the laws of the State of Pennsylvania with its principal place of business located at 90 James Way, Southampton, PA 18966. 5. M&C is in the business, inter alia, of designing, marketing and selling nasal strips

and competes with Silver Eagle.

JURISDICTION AND VENUE 6. This Court has jurisdiction over the subject matter of this action under 28 U.S.C.

1331 and 1338(a). 7. The matter in controversy in this action exceeds the sum or value of $75,000,

exclusive of interests and costs, and is between citizens of different states. Accordingly, this Court also has subject matter jurisdiction pursuant to 28 U.S.C. 1332. 8. This Court has personal jurisdiction over M&C because M&C, upon information

and belief, regularly transacts business in the State of Wisconsin and in this judicial district by, among other things, the sale of nasal strips, either directly or through customers that sell the nasal strips directly in this district. At a minimum, M&C places its products, including the infringing products identified in this Complaint, into the stream of commerce knowing that such products will be sold in this district. 9. 1400(b). SUBSTANTIVE ALLEGATIONS OF PATENT INFRINGEMENT 10. On October 3, 2006, United States Patent No. 7,114,495 (the 495 patent) was Venue is proper in this district based on 28 U.S.C. 1391(b) and (c) and

duly and legally issued to Hanford N. Lockwood, Jr. for an invention entitled Nasal Strip With Variable Spring Rate. A copy of the 495 patent is attached hereto as Exhibit A and made part of this Complaint. 11. Silver Eagle is the owner by assignment of the 495 patent.

CAUSES OF ACTION COUNT I INFRINGEMENT OF THE 495 PATENT 12. Plaintiff realleges and incorporate by reference the foregoing paragraphs of this

Complaint as though fully set forth herein. 13. The acts of M&C complained of herein constitute infringement of the 495 patent

in violation of 35 U.S.C. 271. 14. More specifically, Plaintiff asserts that M&C has made, used, sold and offered to

sell nasal strips, including BreatheAide nasal strips, that infringe at least claims 1, 3, 5, 12, 13 and 14 of the 495 patent. By way of example, attached hereto as Exhibit B are copies of M&C drawings of nasal strips that infringe the 495 patent. 15. M&C has been aware of the 495 patent, including at least as a result of M&Cs

communications with representatives from JMS Labs Limited (USA), LLC.

infringement of the 495 patent is willful. Attached hereto as Exhibit C is the Declaration of Joe Peck which was filed in the United States Bankruptcy Court for the Northern District of California San Francisco Division which references communications between JMS Labs and M&C concerning the 495 patent. 16. M&Cs infringement of the 495 patent has injured Silver Eagle, and Silver Eagle

is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty. JURY DEMAND Plaintiff demands a trial by jury on all matters and issues triable by a jury.

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Court enters judgment in its favor and against M&C granting the following relief: A. A finding that M&C has infringed, induced others to infringe, and/or contributed to the infringement of the 495 patent; B. An award of damages to Plaintiff with interest and costs for M&Cs infringement of the 495 patent; C. A permanent injunction enjoining M&C, its officers, partners, employees, agents, parents, subsidiaries, attorneys, and anyone acting or participating with them, from manufacturing, making, selling, offering for sale, importing, or using a product that infringes the 495 patent; D. A finding that M&Cs infringement of the 495 patent is willful and an award of enhanced damages for such willful infringement; E. A finding that this case is exceptional and an award of treble damages and attorneys fees to Plaintiff; and F. An award to Plaintiff of such other relief as the Court may deem just and equitable.

Dated this 30th day of August, 2011. MICHAEL BEST & FRIEDRICH LLP

By: s/ S. Edward Sarskas S. Edward Sarskas, SBN 1025534 sesarskas@michaelbest.com Melissa H. Burkland, SBN 1071443 mhburkland@michaelbest.com 100 East Wisconsin Avenue Suite 3300 Milwaukee, WI 53202-4108 Attorneys for Silver Eagle Labs, Inc.