UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE CHRISTOPHER T. BANUS Plaintiff v.

CAMBRIA COMPANY LLC Defendant ) ) ) ) ) ) ) ) ) COMPLAINT Plaintiff Christopher T. Banus (Mr. Banus), by and through his undersigned counsel, brings this Complaint for patent infringement against Defendant Cambria Company LLC (Cambria), and hereby avers as follows: Nature Of The Action 1. This is an action for infringement of United States Patent No. 6,917,915 (the

Civil Action No. __________ JURY TRIAL DEMANDED

915 Patent) under the Patent Laws of the United States, 35 U.S.C. 1, et seq., seeking damages as well as injunctive and other relief. The Parties 2. Mr. Banus is an adult individual residing at 46 C Bay Ridge Drive, Nashua,

New Hampshire 03062. 3. Defendant Cambria is a limited liability company organized and existing under

the laws of the State of Minnesota, with its principal place of business located at 704 N. Main Street, Le Sueur, Minnesota 56058.

Jurisdiction And Venue 4. This Court has subject matter jurisdiction over this Action pursuant to 28 U.S.C.

1331 and 1338(a), because this Action arises under the Patent Laws of the United States, 35 U.S.C. 1, et seq. 5. This Court has personal jurisdiction over Cambria, because (i) Cambria transacts

business within the State of New Hampshire, including shipment of infringing products into New Hampshire through established distribution channels; (ii) Cambria has, upon information and belief, performed acts of infringement of the 915 Patent within the State of New Hampshire; and (iii) these constitute sufficient contacts with the State of New Hampshire for the exercise of jurisdiction under New Hampshires long arm statute. N.H. R.S.A. 510:4. 6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because: (i)

Cambria resides within this judicial district insofar as it is subject to personal jurisdiction within this judicial district; and/or (ii) a substantial part of the events giving rise to Mr. Banus claims occurred within this judicial district. Factual Background A. The 915 Patent 7. On October 27, 2000, Mr. Banus filed US Patent Application No. 09/699,237 (the

Application), claiming priority to a pending US Patent Application, No. 60/162,510, filed on October 29, 1999 by Mr. Banus. 8. The Application related to a composite stone slab that includes coated quartz

granules (with reflective or other decorative material) in which the coatings are polished off at the surface of the slab to allow light to shine into quartz granules located at the surface and be

reflected by the coatings on other facets of the quartz granules -- thereby providing an attractive sparkle effect -- while at the same time providing enhanced durability and resistance to wear. 9. On February 11, 2003, Letters Patent were issued by the United States Patent and

Trademark Office, which duly and lawfully issued the 915 Patent, entitled COMPOSITE STONE SURFACING WITH IMPROVED OPTICAL AND WEAR RESISTANCE PROPERTIES. A true and correct copy of the 915 Patent is attached hereto as Exhibit A. 10. The 915 Patent provides that transparent aggregate granules having a hardness at

least equal to quartz are first coated with a reflective or decorative substance, and then added to the binder-aggregate mixture; when the mixture has been shaped and cured, the resulting composite stone is cut to size and the top surface is polished. This cutting and polishing removes the top portions of those reflective granules that are located at the top surface of the stone material, leaving transparent exposed facets through which light is able to enter into the interiors of these transparent granules and then be reflected back out of the granules by the various materials that coat the granules below the polished top surface of the composite stone. 11. Mr. Banus is the sole inventor and owner of the 915 Patent, retaining all rights,

title, and interest in and to the 915 Patent. B. The Cambria Products 12. Cambria is engaged in the business of, among other things, developing,

manufacturing, and selling composite stone products. 13. Cambrias Jewel Collection includes products known as Whitney,

Rosslyn, and Minera, (collectively, the Jewel Collection Products).

14.

Cambrias Cambrian Collection includes a product known as Canterbury (the

Cambrian Collection Products) (the Jewel Collection Products and the Cambrian Collection Products, collectively, the Cambria Products). 15. Cambria manufactures the Cambria Products for a variety of uses in both

residential and commercial settings, including countertops, floor tile, bar tops, furniture tabletops, bathroom vanities and custom inlays. 16. Cambria sells the Cambria Products through a network of established distribution

channels via company-owned and independently-owned fabrication professionals, located both within and outside the State of New Hampshire. 17. Cambria advertises and offers for sale the Cambria Products both within and

outside the State of New Hampshire on its website and through various media sources. 18. The Cambria Products have been sold and continue to be offered for sale both

within and outside the State of New Hampshire by independently-owned fabrication professionals. COUNT I Infringement Of The 915 Patent 19. Mr. Banus incorporates by reference, as if set forth at length herein, each and

every allegation of paragraphs 1 through 18 of this Complaint. 20. Upon information and belief, one or more products made, used, sold, or offered

for sale by Cambria infringe one or more claims of the 915 Patent. 21. Upon information and belief, the Cambria Products infringe Claims 1 and 2 of the

915 Patent, insofar as: (i) They are decorative composite stone slabs made from a mixture of binder and hard aggregate; 4

(ii)

Their aggregate includes quartz granules, which is transparent and has a Mohs hardness index of seven;

(iii) (iv)

At least one surface of the slab is polished; The quartz granules are distributed throughout the aggregate, so that a multiplicity of quartz granules are present at the polished surface;

(v)

The quartz granules at the surface are cut and polished when the slab surface is cut and polished, thereby forming exposed facets of the quartz crystals at the surface;

(vi) (vii)

The quartz granules are between 0.001 and 25 mm in diameter; The quartz granules are coated with a reflective or other decorative coating before being added to the aggregate; and

(viii) After cutting and polishing, only the exposed side becomes a transparent facet; all other sides below the surface, i.e. not exposed, remain coated. 22. 23. The Cambria Products may infringe other claims of the 915 Patent. Upon information and belief, Cambria, directly infringes the 915 Patent by

making, using, offering to sell, and selling the Cambria Products, both within and outside the State of New Hampshire. 24. Cambria has had knowledge of the 915 Patent since at least July 9, 2013, when a

letter from Mr. Banus counsel advising Cambria of the 915 Patent was delivered to Cambria (the Notice Letter). 25. Cambria has indicated in writing that intends to disregard the Notice Letter, and

will therefore continue to infringe the 915 Patent unless enjoined by this Court.

26.

Cambria's actions since no later than July 9, 2013, in making, using, offering to

sell, and selling the Cambria Products constitute knowing and willful infringement of the 915 Patent. 27. Cambrias infringing activities have caused and continue to cause Mr. Banus to

suffer damages in an amount to be determined at trial. 28. Mr. Banus has no adequate remedy at law against Cambrias acts of infringement

and, unless Cambria is enjoined from infringing the 915 Patent, Mr. Banus will suffer irreparable harm. Prayer For Relief WHEREFORE, Plaintiff Christopher T. Banus respectfully requests that this Court enter judgment in his favor and against Defendant Cambria Company LLC as follows: A. Declaring that Cambria has infringed one or more claims of the 915 Patent, either

literally or under the doctrine of equivalents; B. C. Declaring this to be an exceptional case under 35 U.S.C. 285; Permanently enjoining Cambria and its members, managers, officers, directors,

agents, servants, employees, affiliates, divisions, branches, subsidiaries, parents, successors and assigns, and all others acting in concert or privity with any of them from infringing the 915 Patent; D. Awarding Mr. Banus damages, in an amount to be determined at trial, to

compensate him for Cambrias infringement including trebling or otherwise increasing Mr. Banus damage award as the Court shall deem appropriate on a finding of willful infringement; F. interest; and Awarding Mr. Banus his costs, attorneys fees, prejudgment and post-judgment

H.

Awarding Mr. Banus such other and further relief in law or in equity as this Court

deems just and proper. JURY DEMAND Mr. Banus requests a trial by jury of any and all issues so triable.

Respectfully submitted, Christopher T. Banus By his attorneys, Bernstein Shur, P.A.,

Dated: August 16, 2013

/s/ Edward J. Sackman Edward J. Sackman, Esq., N.H. Bar #19586 nsackman@bernsteinshur.com 670 N. Commercial Street, Suite 108 P.O. Box 1120 Manchester, NH 03105 603.623.8700

Of Counsel: Vernon C. Maine MAINE, CERNOTA, AND RARDIN 547 Amherst St, 3rd Floor Nashua, NH 03063 603-886-6100 vmaine@mcr-ip.com