UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

C.F. STINSON, INC. a Michigan corporation, and Case No. SAMPLE TECHNOLOGIES, LLC, a Michigan limited liability company, Plaintiffs, v. DOUGLASS INDUSTRIES, INC., a New Jersey corporation, Defendant. Honorable

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND

I.

THE PARTIES

1.

Plaintiff C.F. Stinson, Inc. (Stinson) is a Michigan corporation having its

headquarters at 2849 Product Drive, Rochester Hills, Michigan 48309. 2. Plaintiff Sample Technologies, LLC (Sample) is a Michigan limited liability

company having its headquarters at 2849 Product Drive, Rochester Hills, Michigan 48309. 3. 4. Stinson and Sample are collectively referred to as Plaintiffs in this Complaint. Upon information and belief, defendant Douglass Industries, Inc. (Defendant) is

a New Jersey corporation having its headquarters at 412 Boston Avenue, Egg Harbor, New Jersey 08215. II. JURISDICTION

5.

This is an action for patent infringement arising under the Patent Laws of the

United States, Title 35, United States Code. 6. The subject matter jurisdiction for this Court is founded upon 28 U.S.C. 1338

(patents) and 28 U.S.C. 1331 (federal question). 7. Upon information and belief, Defendant regularly and continuously engages in

substantial sales and other business transactions in the Eastern District of Michigan, and has sold infringing products and/or committed infringing acts in this District. III. VENUE

8.

Venue is proper in the Eastern District of Michigan because the Plaintiffs are

located in this District and the Defendant has committed, and continues to commit, acts of infringement in the State of Michigan and/or has engaged in continuous and systematic activities 1

in the State of Michigan. Such activities include hosting infringing websites for Grand Rapids Chair Company and RT London, both of which are located in the State of Michigan. IV. BACKGROUND

9.

On July 24, 2007, the U.S. Patent and Trademark Office (USPTO) issued U.S.

Patent No. 7,249,035 (the 035 patent), titled Method and System for Presenting CustomLabeled Surface Material Samples Over a Computer Network issued originally to Sample. (See Exhibit A, U.S. Patent No. 7,249,035.) 10. 11. Stinson is the owner of right, title and interest in the 035 patent. Sample is an exclusive licensee of certain rights and interests in the 035 patent. V. COUNT I - PATENT INFRINGEMENT

12.

Defendant is infringing at least claims 1, 4, 6, 10-11, 14, 16 and 18-19 of the

035 patent under 35 U.S.C. 271 by making, using, offering for sale and selling fabric displaying technology including, but not limited to, its website partner technology (e.g., http://g385600.douglass-upholstery.com/partnerSearch.php) in the United States. Exhibit B, Douglass advertisement and website screenshots). 13. Plaintiffs have suffered damages as a result of the infringing activities of the (See

Defendant, and will continue to suffer such damage as long as those infringing activities continue. 14. Defendants infringement of the 035 patent is willful. Plaintiffs first notified

Defendant of its infringement both directly, and through Defendants webpage designer Charlottes Web Studios, L.L.C., in two letters dated November 23, 2009. Since that date,

Plaintiffs have written Defendant on multiple occasions to request that Defendant change its partner technology website and stop infringing the 035 patent. 15. The Plaintiffs have no adequate remedy at law. Unless enjoined by this Court, the

Defendant will continue such willful acts of infringement, causing Plaintiffs to incur substantial and irreparable damage. VI. DEMAND FOR RELIEF

Plaintiff respectfully demands that this Court enter judgment: A. Preliminarily and permanently enjoining and restraining Defendant, its officers,

directors, employees, agents, servants, successors and assigns, and any and all persons acting in privity or in concert with the Defendant, from further infringement of the 035 patent; B. Awarding Plaintiffs their damages, together with prejudgment interest and costs,

and increasing those damages to three times the amount found or assessed as provided by 35 U.S.C. 284; C. Declaring this an exceptional case within the meaning of 35 U.S.C. 285, and

awarding Plaintiff its reasonable attorneys fees and costs and disbursements in this action; and D. Granting to Plaintiffs such other and further relief as this Court deems reasonable.

VII.

DEMAND FOR JURY TRIAL

Plaintiffs respectfully demand a trial by jury of any and all issues so triable. Respectfully submitted, BROOKS KUSHMAN P.C. By: /s/ John S. LeRoy Thomas A. Lewry (P36399) John S. LeRoy (P61964) Christopher C. Smith (P73936) 1000 Town Center, 22nd Floor Southfield, MI 48075-1238 Phone: 248-358-4400 Fax: 248-358-3351 tlewry@brookskushman.com jleroy@brookskushman.com csmith@brookskushman.com Dated: May 7, 2012