IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ____________________________________ DEXTER SHOE COMPANY : : Civil Action

No. Plaintiff, : : v. : : JURY DEMAND ETONIC WORLDWIDE LLC, : : Defendant. : ____________________________________:

COMPLAINT FOR INFRINGEMENT OF PATENT

Plaintiff Dexter Shoe Company, for its complaint against Defendant, alleges as follows:

The Parties 1. Plaintiff, Dexter Shoe Company (hereinafter "Plaintiff or Dexter) is a Maine

corporation with a place of business at 124 West Putnam Avenue, Greenwich, Connecticut 06830. 2. Upon information and belief, Defendant, Etonic Worldwide LLC (hereinafter

Defendant or Etonic) is a Delaware limited liability corporation having a principal place of business at 2400 Computer Drive, Westborough, Massachusetts 01581.

Jurisdiction and Venue 3. This is a civil action for damages and injunctive relief from patent infringement

by Defendant, and arises under the United States Patent Laws, particularly 35 U.S.C. 271 et seq. 4. This Court has subject matter jurisdiction based on 28 U.S.C. 1331 and 1338(a).

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Venue is proper and based on 28 U.S.C. 1391(b), 1391(c), and/or 1400(b). This Court has personal jurisdiction over the defendant by virtue of the

Defendants systematic and continuous contacts with the District of Connecticut, which include Defendants transaction of business in the District, Defendants offer for sale and selling of shoes and related products in the District, including the infringing products described below, and Defendants maintenance of a web page (www.etonic.com) that is visited by Defendants customers in Connecticut.

Patent Infringement 7. Plaintiff Dexter is the exclusive licensee of all rights in and to United States

Patent No. 5,542,198 (hereinafter "the 198 patent"), entitled "Bowling Shoe Construction With Removable Slide Pad And Heel", which was duly and legally issued by the United States Patent and Trademark Office on August 6, 1996. Dexter has the sole right to enforce the rights under the 198 patent. A copy of the 198 patent is attached as Exhibit A. Attached as Exhibit B is a printout of the license agreement between Columbia Insurance Company (hereinafter Columbia) and Dexter licensing the 198 Patent to Dexter. 8. Upon information and belief, Defendant has been and still is directly infringing

one or more claims of the 198 patent by making, using, offering for sale, selling and/or importing a bowling shoe kit product referred to by Defendant as the E-Tour Master bowling shoe, without the authorization of the Plaintiff. 9. Plaintiff obtained an E-Tour Master kit in the United States in April 2011.

Photographs of portions of the kit are attached as Exhibit C.

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The E-Tour Master kit obtained by Plaintiff includes a shoe upper, a shoe sole,

a plurality of slide pads, means for removably securing the slide pads to the shoe sole, a plurality of heels, and means for removably securing the heels to the shoe sole, such that the E-Tour Master kit includes all of the elements of at least claim 1 of the 198 patent either literally and/or under the doctrine of equivalents. 11. Upon information and belief, the E-Tour Master kit obtained by the Plaintiff

was imported into the United States or manufactured in the United States by Defendant. 12. Upon information and belief, Defendant is actively offering E-Tour Master

kits for sale to entities in the United States, including and circulating its products price sheet including the E-Tour Master kit to customers and has taken orders for the kits from its customers for delivery in July or August 2011. 13. Upon information and belief, Defendant has been and still is actively inducing

others to infringe one or more claims of the 198 patent through its sale of the E-Tour Master bowling shoe. 14. Upon information and belief, Defendant has been and still is contributorily

infringing one or more claims of the 198 patent through its sale of the E-Tour Master bowling shoe. 15. Upon information and belief, Defendants infringement, inducement of

infringement, and contributory infringement continues in willful disregard of Plaintiffs patent rights making this case an exceptional case under 35 U.S.C. 285 and entitling Plaintiff to recover multiple damages and attorney fees.

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Plaintiff has been damaged by loss of sales and customers by the defendants

infringement of the 198 patent, and claim all damages, including but not limited to reasonable royalties, to which it is entitled. 17. The harm to Plaintiff resulting from the infringing acts of Defendant is

irreparable, continuing, and not fully compensable by money damages and will continue unless enjoined by this Court. JURY DEMAND 18. Plaintiff demands a jury on all issues so triable.

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment as follows: A. That a preliminary and permanent injunction be entered against the Defendant, its

officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with the Defendant who receive actual notice of the injunction by personal service or otherwise, from any further infringement of the 198 patent pursuant to 35 U.S.C. 283; B. That Plaintiff be awarded their damages, suffered by reason of the infringements

by Defendant, together with prejudgment interest; C. That the damages awarded to Plaintiff be trebled pursuant to 35 U.S.C. 284 due

to the willful acts of infringement complained of herein; D. E. That this be declared an exceptional case pursuant to 35 U.S.C. 285; That Plaintiff be awarded their attorneys fees and costs; and

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F. just and proper.

That Plaintiff be awarded any other and further relief that this Court may deem

Respectfully submitted,

Date: August 2, 2011

__/s/ Steven B. Simonis_______________________ Gene S. Winter, ct05137 Steven B. Simonis, ct22777 Benjamin C. White, ct27211 Gregory D. Miller, ct28205 ST.ONGE STEWARD JOHNSTON & REENS LLC 986 Bedford Street Stamford, Connecticut 06905 Telephone: (203) 324-6155 Facsimile: (203) 327-1096 Email: litigation@ssjr.com Attorneys for Plaintiff

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