IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

) ) ) ) Plaintiff, ) ) vs. ) Dundas*Jafine Inc., an Indiana corporation, ) ) ) SERVE: ) ) Kathryn M. Kunz, Registered Agent ) One American Square, Suite 2500 ) Indianapolis, Indiana 46282 ) ) Defendant. Deflecto, LLC, a Delaware corporation,

Civil Action No. ______________ COMPLAINT AND DEMAND FOR JURY TRIAL

COMPLAINT Plaintiff, Deflecto LLC for its Complaint against Defendant Dundas*Jafine Inc. states as follows: The Parties 1. Plaintiff, Deflecto LLC (Deflecto or Plaintiff), is a Delaware corporation with

its principal place of business at 7035 East 86th Street, Indianapolis, Indiana 46250. 2. Defendant, Dundas*Jafine Inc. (Dundas Jafine or Defendant), is an Indiana

corporation with its principal place of business at One American Square, Suite 2500, Indianapolis, Indiana 46282. Jurisdiction and Venue 3. The Court has subject matter jurisdiction over the federal claims under 35 U.S.C.

271, et seq., and 28 U.S.C. 1331 and 1338(a).

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This Court has personal jurisdiction over Dundas Jafine pursuant to and the

Missouri Long Arm Statute RSMo 506.500 because Dundas Jafine has done and is doing business in this district and offers products and infringing products for sale within this judicial district. 5. Venue is proper in this district pursuant to 28 U.S.C. 1391(b), 1391(c) and

1400(b) because Dundas Jafine has committed acts of infringement in this judicial district. COUNT I INFRINGEMENT OF U.S. PATENT NO. 5,916,023 6. Deflecto incorporates and realleges the allegations of paragraphs 1 through 5 as if

fully set forth herein. 7. United States Letters Patent No. 5,916,023 (the 023 patent) entitled Hooded

Exhaust Vent was duly and legally issued on June 29, 1999 to Deflecto Corporation. A certificate of conversion was filed to change the assignee name of the 023 patent to Deflecto LLC. A true and correct copy of the 023 patent is attached hereto as Exhibit 1. 8. Dundas Jafine, upon information and belief, is and has been infringing the 023

patent by making, using, offering for sale, and selling exhaust vents and pest barricades, including, but not limited to, PROMAX Dryer Vent Hood item numbers PMH4BXZ, PMH4WXZ, PMH4WZW, PMH4WZWS, BPMH4WZW, BPMH4WZW6, PROMAX Wide Mouth Dryer Vent Kit item numbers TD48PMKZW, TD48PMKZW/6, PROMAX Wide Mouth Exhaust Replacement Cap item numbers PMC4BX, PMC4WX, PMC4WXZW, PROGARD Dryer Vent Hood with Pest Guard item numbers PGH4BXZ, BPGH4BZW, PGH4WXZ, BPGH4WZW, BPGH4BZW6, BPGH4WZW6, and PROGARD Exhaust Caps with Pest Guard item numbers PGC4BX, PGC4WX covered by the 023 patent, all without authorization from Plaintiff Deflecto. 2
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9.

Dundas Jafine, upon information and belief, is and has been actively inducing

infringement of the 023 patent by, among other things, actively inducing others to directly infringe with knowledge of the patent. Dundas Jafine has, likewise, contributorily infringed the 023 patent by selling its products to others whose use of the products constitutes direct infringement. 10. Dundas Jafine has committed these acts of infringement without license or

authorization from Deflecto. 11. As a direct and proximate result of Dundas Jafines infringement of the 023

patent, Deflecto has suffered and continues to sustain monetary damages. 12. Deflecto has been and continues to be irreparably harmed by Dundas Jafines

infringement of the 023 patent. On information and belief, Dundas Jafine will continue to infringe the 023 patent unless such infringement is enjoined by this Court. 13. Dundas Jafine has had actual notice of the 023 patent. Despite such notice,

Dundas Jafine has continued to infringe the 023 patent in disregard of Deflectos legal rights and to Deflectos detriment. Despite requests to cease and desist said infringement, Dundas Jafine continues its acts of infringement. Dundas Jafines infringement of the 023 patent is, therefore, willful and deliberate. COUNT II INFRINGEMENT OF U.S. PATENT NO. 5,722,181 14. Deflecto repeats and realleges the allegations of paragraphs 1 through 13 as if

fully set forth herein. 15. United States Letters Patent No. 5,722,181 (the 181 patent) entitled Exhaust

Vent with External Guard was duly and legally issued on March 3, 1998 to Deflecto

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Corporation. A certificate of conversion was filed to change the assignee name of the 181 patent to Deflecto LLC. A true and correct copy of the 181 patent is attached hereto as Exhibit 2. 16. Dundas Jafine, upon information and belief, is and has been infringing the 181

patent by making, using, offering for sale, and selling exhaust vents and pest barricades, including, but not limited to, PROGARD Dryer Vent Hood with Pest Guard item numbers PGH4BXZ, BPGH4BZW, PGH4WXZ, BPGH4WZW, BPGH4BZW6, PROGARD Exhaust Caps with Pest Guard item numbers PGC4BX AND PGC4WX covered by the 181 patent, all without authorization from Plaintiff Deflecto. 17. Dundas Jafine, upon information and belief, is and has been actively inducing

infringement of the 181 patent by, among other things, actively inducing others to directly infringe with knowledge of the patent. Dundas Jafine has, likewise, contributorily infringed the 181 patent by selling its products to others whose use of the products constitutes direct infringement. 18. Dundas Jafine has committed these acts of infringement without license or

authorization from Deflecto. 19. As a direct and proximate result of Dundas Jafines infringement of the 181

patent, Deflecto has suffered and continues to sustain monetary damages. 20. Deflecto has been and continues to be irreparably harmed by Dundas Jafines

infringement of the 181 patent. On information and belief, Dundas Jafine will continue to infringe the 181 patent unless such infringement is enjoined by this Court. 21. Dundas Jafine has had actual notice of the 181 patent. Despite such notice,

Dundas Jafine has continued to infringe the 181 patent in disregard of Deflectos legal rights

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and to Deflectos detriment. Dundas Jafines infringement of the 181 patent is, therefore, willful and deliberate.

PRAYER FOR RELIEF WHEREFORE, Deflecto respectfully requests the following relief: A. That the Court declare that that the 023 patent and 181 patent are valid,

enforceable and that Dundas Jafine is infringing, has infringed, actively induced and/or committed acts of contributory infringement with respect to one or more claims of the 023 patent and the 181 patent; B. That the Court declare that Dundas Jafines infringement of the 023 patent and the

181 patent has been willful; C. That the Court declare that Dundas Jafine and its officers, agents, servants,

affiliates, divisions, employees, attorneys and representatives, and all those in privity or acting in concert or participation with it, and anyone else who actively receives notice, be preliminarily and permanently enjoined from committing any acts of false advertising, product disparagement, and trade libel (including but not limited to those acts specifically alleged above); D. E. That the Court award the damages to which Deflecto is entitled; That the Court treble the damages Deflecto has incurred as a result of Dundas

Jafines willful and deliberate infringement of the 023 patent and the 181 patent; F. That the Court preliminarily and permanently enjoin Dundas Jafine and its officers,

agents, divisions, affiliates, subsidiaries, employees, and representatives, and all those controlled by or acting in concert with or in privity with Dundas Jafine, from infringing, inducing the infringement and/or contributing to the infringement of the 023 patent and 181 patent;

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G.

That the Court find this an exceptional case within the meaning of 35 U.S.C.

285 and enter judgment in favor of Deflecto for its costs and attorneys fees incurred in this action; and H. That the Court grant such other further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Deflecto demands a jury trial on all issues so triable.

Dated: February 6, 2013

Respectfully submitted, SNR DENTON US LLP

By:

/s/ Brian R. McGinley Brian R. McGinley, MO Bar #46353 Andrea M. Kimball, MO Bar #61316 Anne K. W. Sutton (ARDC # 6288694) (pro hac vice pending) 4520 Main Street, Suite 1100 Kansas City, Missouri 64111 Phone: 816-460-2400 Fax: 816-531-7545 brian.mcginley@snrdenton.com andrea.kimball@snrdenton.com anne.sutton@snrdenton.com

ATTORNEYS FOR PLAINTIFF

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