IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION ) TRUE PITCH, INC.

, ) ) Civil Action No. 13-85 Plaintiff, ) ) vs. ) ) PORTA-PRO MOUNDS, INC., d/b/a ) THE PERFECT MOUND ) ) Defendant. ) JURY TRIAL DEMANDED )

COMPLAINT

COMES NOW, True Pitch, Inc., (Plaintiff or True Pitch) and for its Complaint against Defendant, Porta-Pro Mounds, Inc., doing business as The Perfect Mound (Porta-Pro or Defendant), states and alleges as follows: THE PARTIES 1. Plaintiff, True Pitch, Inc., is an Iowa corporation having principal place of

business of 504 1st Ave S, Altoona, IA. (Ex. 1, Ex. 2). 2. Upon information and belief, Defendant, Porta-Pro Mounds, Inc., doing business

as The Perfect Mound is an Illinois corporation having a principal place of business at 2041 Goose Lake Rd Suite 2A, Sauget, IL 62206. (Ex. 3, Ex. 4). JURSIDICTION, AND VENUE 3. Plaintiff re-alleges and incorporates by reference the allegations contained in the

previous paragraphs. 4. Count I is an action for patent infringement arising under the Patent Laws of the 1

United States, Title 35, United States Code, including 35 U.S.C. 271 and 281. This Court has jurisdiction over the claims for patent infringement under 28 U.S.C. 1338(a). Venue is proper in this Court under Title 28 United States Code 1391 (b) and (c) and 1400 (b). 5. Upon information and belief, while Defendant, resides outside of this District, it is

believed that Defendant has and will continue doing business in this District, and actively soliciting business in this District as well as elsewhere through at least its website. (Ex. 4). Upon information and belief, it is further believed that Defendants commercial products at issue have been sold and/or used in this district, and therefor Defendant is subject to jurisdiction in this District. COUNT I Patent Infringement 6. Plaintiff re-alleges and incorporates by reference the allegations contained in the

previous paragraphs. 7. True Pitch is the manufacturer of the original baseball portable pitching game

mound and has been in business for over 40 years. True Pitchs mounds are the only portable game mounds approved by Little League Baseball, Babe Ruth, Cal Ripken, Pony and Dixie leagues. True Pitchs high quality mounds are used in some of the best baseball parks across the U.S. and around the world. (See Ex. 5, Ex. 2). 8. True Pitch, Inc. is the owner, by way of assignment, of the entire right, title and

interest in and to United States Letters Patent No. 8,157,678 ("the '678 patent) entitled "Multiple Piece Pitching Mound" invented by John J. Goerders of Altoona, IA. (Ex. 6). 9. The 678 patent is has 15 claims of which claims 1, 11 and 15 are independent

claims. (See Ex. 6). 2

10.

Claim 1 of the 678 patent is as follows:

That is, claim 1 requires a portable pitching mound that is formed of three separate pieces, a center shell piece, a first shell piece and a second shell piece. (Ex. 6). 11. This arrangement of the portable pitching mound [10] having a center shell piece

[22] connected to a first shell piece [24] and a second shell piece [26] is depicted in Fig. 1 of the 687 patent (below). (Ex. 6).

12.

Upon information and belief, Defendant has developed, made, have made, used,

and/or sold a multiple piece pitching mound made in accordance with the limitations of the '678 patent. Such activities infringe one or more claims of the '678 patent. 13. At the American Baseball Coaches Association show in Chicago, January 2013,

True Pitch became aware that Defendant made or has made, and were selling portable pitching mounds with a three piece design. (See Ex. 7 Defendants brochure from show). 14. In addition, Defendant, on their website, www.theperfectmound.com, which is

accessible from this District, is now displaying, and offering for sale, a portable pitching mound having a three piece design (below). (Ex. 8).

15.

As is further shown on Defendants website, this device separates into three

separate pieces (shown below) in practically the identical manner described and shown in True Pitchs 678 patent. (See Ex. 9).

16.

Upon information and belief, as is shown above and in the attached exhibits,

Defendant has infringed at least one valid and enforceable claim of the '678 patent in at least this District, in violation of 35 U.S.C. 271, and will continue to infringe the patent unless enjoined by this Court. 17. As a result of Defendants infringing conduct, the Defendant has damaged True 6

Pitch. Defendant is liable to True Pitch in an amount that adequately compensates True Pitch for Defendants infringement, which by law, can in no event be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 18. As a consequence of Defendants infringement of the 678 patent, True Pitch has

been irreparably damaged and such damage will continue without the issuance of an injunction by this Court under 35 U.S.C. 283. 19. The infringement by Defendant has been willful and deliberate. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that the Court enter judgment in its favor on each and every claim for relief set forth above and award relief including but not limited to the following: As to Count I: a. That the Court declare that U.S. Patent No. 8,157,678, valid and enforceable and

infringed by Defendant; b. That a permanent injunction be issued enjoining Defendant and those in privity

with Defendant from further infringement of the 678 patent until the date of the patents expiration; c. That Defendant account for and pay to True Pitch all damages and costs caused

by Defendants activities complained of herein; d. That True Pitch be granted pre-judgment and post-judgment interest on the

damages caused by reason of Defendants activities complained of herein; e. f. g. That this case be determined exceptional under 35 U.S.C. 285; That True Pitch be granted its attorneys fees in this action; That costs be awarded to True Pitch; and 7

h.

That True Pitch be granted any such other and further relief that is just and proper

under the circumstances. i. That this Court award True Pitch any such other and further equitable relief as it

deems appropriate.

JURY TRIAL DEMAND COMES NOW the Plaintiff and hereby demands a trial by jury of all issues herein. By: /s/Timothy J. Zarley Timothy J. Zarley Iowa Bar No. 15785 ZARLEY LAW FIRM, P.L.C. Capital Square 400 Locust, Suite 200 Des Moines, IA 50309-2350 Telephone: (515) 558-0200 Facsimile: (515) 558-7790 E-mail address: tzarley@zarleylaw.com