UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

COOL GEAR INTERNATIONAL, LLC, Plaintiff, v. PROGRESSIVE INTERNATIONAL CORP., Defendant.

Civil Action No. _____________

Complaint for Declaratory Judgment Demand for Jury Trial

COMPLAINT Plaintiff, Cool Gear International, LLC (Cool Gear) alleges as follows for its Complaint for Declaratory Judgment against Progressive International Corp. (Progressive). THE PARTIES 1. Plaintiff Cool Gear is a corporation organized and existing under the laws of the

state of Delaware. Its principal place of business is at 10 Cordage Park Circle in Plymouth, Massachusetts, 02360. 2. On information and belief, defendant Progressive is a corporation organized and

existing under the laws of the state of Delaware. Its principal place of business is at 6111 South 228th Street in Kent, Washington, 98032. JURISDICTION AND VENUE 3. This action arises under the Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,

and is based on an actual and justiciable controversy between Cool Gear and Progressive with respect to noninfringement and invalidity of U.S. Patent No. 7,678,271 (the 271 patent). A copy of the 271 patent is appended to Exhibit A. Since this action arises under the Patent Laws

of the United States, thus this Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). 4. Personal jurisdiction over Progressive in this District is proper because

Progressive is transacting business within this District, including bringing litigation asserting the 271 patent in Case No. 11-CV-1579. 5. On information and belief, defendant Progressive is currently transacting business

in this District at least by making and shipping into this Judicial District, or by using, offering to sell or selling or by causing others to use, offer to sell or sell, various kitchenware products. On information and belief, Progressive derives substantial revenue from interstate and/or international commerce, including substantial revenue from goods used or consumed or services rendered in this District. 6. 1400(b). THE PATENT IN SUIT 7. On information and belief, the 271 patent issued on or about March 16, 2010 to Venue in this judicial district is proper under 28 U.S.C. 1391(b), 1391(c) and

Heather Curtin. The 271 patent is assigned on its face to Progressive. INFRINGEMENT ALLEGATION AND DEMANDS BY PROGRESSIVE 8. By letter dated April 4, 2012 (Demand Letter), Progressives counsel informed

Cool Gear of Progressives belief Cool Gears EZ Freeze Collapsible Storage . . . is an infringement of the [271 patent], and set forth specific demands for an accounting and that Cool Gear stop including this product in [its] catalogs, website, and related sales activities. A copy of the Demand Letter is attached as Exhibit A.

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COUNT I: NON-INFRINGEMENT 9. Cool Gear hereby restates and realleges the allegations set forth in each of the

foregoing paragraphs. 10. The making, use, sale, offer for sale and/or importation in the United States of the

accused EZ Freeze products by Cool Gear does not infringe any claim of the 271 patent. Each of Cool Gears accused EZ Freeze products lack one or more of the elements of the claims of the 271 patent and thus do not infringe any claim of the 271 patent either literally or under the doctrine of equivalents. COUNT II: INVALIDITY 11. Cool Gear hereby restates and realleges the allegations set forth in each of the

foregoing paragraphs. 12. Cool Gear cannot be liable for infringement of the 271 patent because each of the

claims are invalid under one or more provisions of 35 U.S.C. 102, 103 and/or 112, including, without limitation, being anticipated and/or obvious in view of at least the following prior art: a) U.S. Patent Application Publication No. 2006/0096969 A1; b) U.S. Patent No. 7,654,402 B2; c) U.S. Patent Application Publication No. 2007/0251874 A1. PRAYER FOR RELIEF WHEREFORE, Cool Gear prays that this Court: A. Declare that Cool Gears EZ Freeze Collapsible Storage Container line of

products do not infringe any claim of U.S. Patent No. 7,678,271; B. C. Declare that the claims of U.S. Patent No. 7,678,271 are invalid; Declare this case exceptional under 35 U.S.C. 285 and award Cool Gear its

costs, disbursements, and attorney fees in connection with this action; and -3-

D. proper.

Award Cool Gear such other and further relief this Court may deem just and

PLAINTIFF DEMANDS TRIAL BY JURY.

Respectfully submitted,

Dated: April 20, 2012

____/s/ William R. Lee_____________ William R. Lee EDWARDS WILDMAN PALMER LLP 225 W. Wacker Drive; Ste. 2800 Chicago, IL 60606 (312) 201-2000

Of Counsel: Adam P. Samansky (to be admitted pro hac vice) Peter J. Cuomo (to be admitted pro hac vice) EDWARDS WILDMAN PALMER LLP 111 Huntington Avenue Boston, MA 02199 (617) 239-0100 Attorneys for Plaintiff Cool Gear International, LLC

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