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v. ISLAND MOORING SUPPLIES, LLC Defendant. ) ) ) ) ) ) ) ) )

Civil Action No.: 2:11-cv-1490

COMPLAINT AND DEMAND FOR JURY TRIAL NOW COME Plaintiffs Richard and Elizabeth Gilman and, for their Complaint, allege as follows: THE PARTIES 1. Plaintiff Richard Gilman is an individual residing at 40 Gilman Road, Gilman, Connecticut 06336. 2. Plaintiff Elizabeth Gilman is an individual residing at 40 Gilman Road, Gilman, Connecticut 06336. 3. Defendant Island Mooring Supplies, LLC (Island Mooring Supplies) is a limited liability corporation organized under the laws of the State of Rhode Island, with a principal place of business at 68 John Oldham Road, Prudence Island, Rhode Island 02872. JURISDICTION AND VENUE 4. This Court has exclusive jurisdiction over the subject matter of this Complaint pursuant to 28 U.S.C. 1331 and 1338(a), whereas Gilman Corporations claims arise under an act of Congress relating to patents.


This Court has personal jurisdiction over Island Mooring Supplies whereas Island Mooring Supplies regularly conducts business within the District of Connecticut.


Venue is appropriate under 28 U.S.C. 1391(b), (c) and 1400(b). THE ASSERTED PATENT


The Plaintiffs are the owners and inventors of United States Patent No. D602,389, entitled Mooring Buoy which issued to the Plaintiffs on October 20, 2009 on an application filed on September 17, 2008 (the 389 patent). A copy of the Asserted Patent is attached hereto as Exhibit A. CLAIM I INFRINGEMENT OF THE 389 PATENT


The Plaintiffs incorporate paragraphs 1 7 supra, by reference and reallege them as if originally set forth herein.


Island Mooring Supplies has infringed and continues to infringe the 389 patent by making, using, selling, offering to sell and/or importing products known as the Homan Hull Friendly Mooring Buoys ,which are covered by claims of the 389 patent, and will continue to do so unless enjoined therefrom by this Court.


As a direct and proximate result of Island Mooring Supplies infringing acts, the Plaintiffs have suffered and will continue to suffer damages, including damages which are causing them irreparable harm.


Upon information and belief, the aforementioned infringement is knowing and willful.

WHEREFORE, the Plaintiffs respectfully request that this Court enter judgment as follows: 1. Preliminarily and permanently enjoin the Defendant from violating 35 U.S.C. 271 by infringing the Asserted Patent, all pursuant to 35 U.S.C. 283; 2. 3. 4. 5. Award Plaintiffs their actual damages, all pursuant to 35 U.S.C. 284; Find that Island Mooring Supplies infringement of the Asserted Patent is willful; Award Plaintiffs treble damages, all pursuant to 35 U.S.C. 284; Find that this case is an exceptional case within the meaning of 35 U.S.C. 285 and award Plaintiffs their costs and reasonable attorney fees; and 6. Grant Plaintiffs such other relief as this Court deems just and proper.

PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL COUNTS OF THEIR COMPLAINT SO TRIABLE. Respectfully Submitted, The Plaintiffs Date: September 27, 2011 By:__/s/ William J. Cass_________________ William Cass, Esq., ct12806 CANTOR COLBURN LLP 20 Church Street 22nd Floor Hartford, CT 06103 (860) 286-2929 (telephone) (860) 286-0115 (facsimile)