UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT SKIMETRIX LTD, Plaintiff

) ) ) )

v.
SALOMON NORTH AMERICA, INC and AMER SPORTS WINTER & OUTDOOR

COMPANY,
Defendants

) ) ) ) )

Case No.

5'. \\-C. V ".:9Y Q

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

. PlaintiffSkimetrix LTD ("Skimetrix"), as owner by assignment of United States Patent No. 6,026,594 (the '"594 Patent"), complains against the Defendants Salomon North America, Inc. ("Salomon NA") and Amer Sports Winter & Outdoor Company ("Amer Sports") for patent infringement as follows: PARTIES 1. Skimetrix LTD is a Rhode Island corporation with a place of business at 222

Riverside Drive, Tiverton, Rhode Island. 2.

On information and belief, Salomon NA is a United States corporation with a place

ofbusiness at 2030 Lincoln Avenue, Ogden, Utah and Am.er Sports is a United States corporation with a place ofbusiness at 2030 Lincoln Avenue, Ogden, Utah. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the United

States, more specifically 35 U.S,C. 271, et seq. This Court has jurisdiction pursuant to 28

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U.S.C. 1331, 1332, and 1338. 4. 5. Venue in this judicial district is proper according to 28 U.S.C. 1391. On February 22, 2000, the '594 Patent pertaining to a sport boot with a closure

strap, was duly and legally issued to Raymond Fougere, the inventor. Skimetrix is the owner by assignment of the '594 Patent. Skimetrix has the right to sue and recover damages for infringement of the '594 Patent. A copyofthe '594Patent is attached hereto as Exhibit A. 6. On information and belief, Salomon NA and Arner Sports are in the business of

importing, distributing, and selling ski equipment, including ski boots, throughout the United States, including in this judicial district. 7.
On information and belief, Salomon NA and Arner Sports import, distribute, and

sell the Salomon "Quest" line of ski boots, including the "Quest 12" and other boot models, within this judicial district. 8. Defendants Salomon NA and Arner Sports have directly infringed and are still

directly infringing and contributing to and actively inducing infringement of the '594 Patent within this judicial district by offering for sale, distributing,
an~

selling ski boots, including, but

not limited to, the "Quest 12" which embody the subject matter and includes each and every element of one or more of the claims of the '594 Patent. 9. 10. Defendants' acts of infringement have damaged and will damage Plaintiff. Unless preliminarily and permanently enjoined by this Court, Defendants will

continue their acts of infringement to Plaintiffs immediate, substantial and irreparable harm. THEREFORE, the Plaintiff demands:
(a)

a preliminary and permanent injunction against the Defendants' continued

2

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infringement of the '594 Patent; (b) (c) (d) (e) an accounting for damages; damages interest and costs; and such other and further relief as the Court deems appropriate. JURY DEMAND Plaintiff Skimetrix demands trial by jury of all issues so triable with respect to the Complaint. Burlington, Vermont October 5, 2011

R. Br ord awley T. Gallagher 199 Main Street, P.O. Box 190 Burlington, VT 05402-0190 (P) (802) 863-2375 .(F) (802) 862-7512 bfawley@dnn.cmn jgallagher@drm.com
ATTORNEYSFORPLAJNTWF SKIMETRIXLTD
4627771.2-JTG

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