IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS THE HILSINGER COMPANY, Plaintiff, v. EYEEGO, LLC, Defendant.

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C.A. No.

COMPLAINT The Hilsinger Company (Hilsinger), for its Complaint for Declaratory Judgment of Non-Infringement and Invalidity against Eyeego, LLC (Eyeego), alleges as follows: THE PARTIES 1. Plaintiff Hilsinger is a leading provider of protective eyewear, eyewear and eye

care accessories. Hilsinger is a Delaware corporation with its principal place of business at 33 West Bacon St., Plainville, MA 02762. 2. Upon information and belief, Eyeego is a Washington limited liability company

having a place of business at 331 Valley Mall Parkway # 258, East Wenatchee, WA 98802. Upon information and belief, Eyeego is owned and operated by Nancy Tedeschi (Tedeschi), residing at 445 North Kansas Ave., East Wenatchee, WA 98802. JURISDICTION AND VENUE 3. States Code. 4. Jurisdiction is predicated upon 28 U.S.C. 1331 and 1338(a). This action arises under the patent laws of the United States, Title 35, United

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This Court has jurisdiction over Eyeego because it has a continuous and

systematic affiliation with the Commonwealth of Massachusetts by virtue of at least its business relationships and product distributions in Massachusetts. Eyeego sells its Snap-It Screws line of products, that it purports are covered by a patent, and conducts other business, in this District. Eyeego sells its products to retailers located in this District, including Wal-Mart and Office Depot. Eyeegos Snap-It Screws are available for sale, for example, at Office Depots Framingham, MA store. Additionally, Eyeegos conduct has caused harm to Hilsinger in Massachusetts not least because Eyeego has, among other things, made statements to Hilsingers customers that Hilsingers products infringe Eyeegos patent. 6. Eyeego also maintains a fully interactive web site whereby it markets and sells

through the Internet its Snap-It Screws line of products directly to customers located in this District. 7. Venue over this action is proper pursuant to the provisions of 28 U.S.C.

1391(b), 1391(c) and 1400. 8. 2201. PATENTS-IN-SUIT 9. Eyeego is the assignee of U.S. Patent No. 8,070,403, entitled Screw with Plaintiff herein seeks a declaratory judgment under the provisions of 28 U.S.C.

breakaway and methods of using same (the 403 Patent). Tedeschi is listed as the sole inventor of the 403 Patent.

FACTS 10. At least as early as September, 1999, multiple companies sold screws for use in

assembling eyeglass frames to temples (the prior art screws). The prior art screws consist of a threaded portion and a breakaway, non-threaded portion. For years prior to the filing of the application that matured into the 403 Patent, the screws were available in different thread lengths. The screws are designed to be operated and have the portions separable by hand. 11. The prior art screws were known and/or used by others in this country, and/or

patented or described in a printed publication in this or a foreign country, and/or were in public use or on sale in this country, at least as early as 1999. 12. On or about August 9, 2008, Tedeschi filed Application No. 12/187,254 in the

United States Patent and Trademark Office (the PTO). The application described the purported invention, in part, as a screw having a head and elongated stem, adapted to be easily manipulated by a user when using the screw as a fastener in a hinge or joint. 13. During the two and a half years the application was pending in the PTO, Tedeschi

narrowed the scope of the claims in the 403 Patent numerous times in response to examiner rejections. 14. 15. 16. On December 6, 2011, Application No. 12/187,254 matured into the 403 Patent. Upon information and belief, Tedeschi assigned the 403 Patent to Eyeego. The claims of the 403 Patent contain the limitations of a screw head, an elongate

stem with a threaded portion and a non-threaded portion where the threaded portion is permanently coupled to the head and where the non-threaded portion is releaseably coupled to the end of the threaded portion.

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All of the elements of the purported invention in the 403 Patent are present in

numerous prior art references that were publicly available at least as early as 1999. 18. Tedeschi knew of the prior art screws that were for sale when she filed the

application that matured into the 403 Patent, and did not disclose these references to the PTO examiner. 19. On December 27, 2011, Eyeego accused Hilsinger of infringing the 403 Patent by

making and/or selling Hilsingers Thread-Seeker XLT screw. 20. 21. This screw practices the prior art. Hilsinger informed Eyeego that, by selling the Thread-Seeker XLT, Hilsinger was

practicing the prior art screws, which predated the priority date of the 403 Patent. 22. Over the next year, the parties unsuccessfully attempted to resolve their dispute,

with Eyeego continuing to make threats of litigation. 23. On or about March 8, 2013, Tedeschi told a buyer at one of Hilsingers major

accounts that a new Hilsinger product infringed the 403 Patent. 24. 25. Neither Hilsingers new product nor its previous products infringe the 403 Patent. A justiciable controversy has arisen and exists between Hilsinger and Eyeego

concerning the infringement and invalidity of the 403 Patent. COUNT I DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE 403 PATENT 26. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1

through 25 as if fully set forth herein. 27. Hilsingers products do not infringe any valid claim of the 403 Patent. 4

COUNT II DECLARATORY JUDGMENT OF INVALIDITY OF THE 403 PATENT 28. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1

through 27 as if fully set forth herein. 29. The 403 Patent is invalid under one or more provisions of Title 35 of the U.S.

Code, 101-116. RELIEF REQUESTED WHEREFORE, Plaintiffs pray for judgment in its favor and against Defendant as follows: A. A declaration that the Plaintiffs breakaway screw product line does not infringe the 403 Patent, and that Plaintiff, by its actions, neither infringes, induces nor contributes to the infringement of the 403 Patent by others; B. A declaration that the 403 Patent is invalid under one or more provisions of Title 35 U.S. Code, 101-116; C. Entry of an Order enjoining Eyeego, its agents, servants, officers, directors, employees, attorneys, privies, representatives, successors, assigns, and parent and subsidiary entities, and any and all persons in act of concert or participation with any of them, from threatening to assert or asserting any of the 403 Patent or any patent based thereon against Hilsinger, its agents, employees, or customers; D. Entry of an Order of this Court assessing all costs associated with this action to Eyeego; E. Entry of an Order of this Court declaring this case exceptional and awarding Plaintiff

reasonable attorneys fees; and

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All other relief, both interim and permanent, as is just and proper. PLAINTIFFS HEREBY DEMAND A TRIAL BY JURY FOR ALL ISSUES SO TRIABLE.

THE HILSINGER COMPANY By Its Attorneys,

/s/ Craig M. Scott Craig M. Scott (BBO #556210) Daniel E. Ostrach (BBO #684228) Scott & Bush Ltd. One Turks Head Place, Fourth Floor Providence, RI 02903 (401) 865-6035 Phone (401) 865-6039 Fax cscott@scottbushlaw.com dostrach@scottbushlaw.com Dated: March 13, 2013