UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN Prolitec Inc., Plaintiff, v. ScentAir Technologies, Inc.

, Defendant. Case No.

COMPLAINT

Plaintiff, Prolitec Inc., for its Complaint against defendant, ScentAir Technologies, Inc., hereby alleges as follows: THE PARTIES 1. Plaintiff, Prolitec Inc., (Prolitec), is a Wisconsin corporation having its principal

place of business at 1235 West Canal Street, Milwaukee, WI 53233. 2. Defendant, ScentAir Technologies, Inc., (ScentAir), is a North Carolina

corporation having its principal place of business at 14301 South Lakes Drive, Suite G, Charlotte, NC 28273. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 1 et. seq. Accordingly, this Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 4. The Court has personal jurisdiction over ScentAir pursuant to Wis. Stat.

801.05(1) because ScentAir provides, uses, offers for sale, and sells products in this state and this district that infringe patent rights of Prolitec. Personal jurisdiction over ScentAir is also

proper under Wis. Stat. 801.05(4) because Prolitec has suffered injury within this state and judicial district due to the infringing activities of ScentAir. This Courts exercise of personal jurisdiction over ScentAir comports with the Due Process Clause of the United States Constitution. 5. 1400(b). COUNT I PATENT INFRINGEMENT, 35 U.S.C. 271 6. 7. Prolitec restates and realleges the preceding paragraphs of this Complaint. On April 19, 2011, the United States Patent and Trademark Office (USPTO) Venue is proper in this district pursuant to 28 U.S.C. 1391(b)-(d) and 28 U.S.C.

issued U.S. Patent No. 7,930,068, (the 068 Patent), titled System and Method of Controlling Operation of a Liquid Diffusion Appliance, to Prolitec. A true and correct copy of the 068 Patent is attached hereto as Exhibit A. 8. Prolitec owns the 068 Patent and has owned the 068 Patent throughout the

period of ScentAirs infringing acts. 9. ScentAir manufactures, uses, sells, and offers to sell scent delivery systems that

release fragrances into the environment under the names ScentWave, ScentDirect, and ScentStream. 10. ScentAirs commercial activities with respect to its ScentDirect product directly

and indirectly infringe one or more claims of the 068 Patent. 11. ScentAirs infringement is, upon information and belief, willful. On February 13,

2012, Prolitec, through counsel, notified ScentAir of the 068 Patent, and that ScentAirs products, including, but not limited, to its ScentDirect product, infringe the 068 Patent. A true and correct copy of the February 13, 2012 letter is attached hereto as Exhibit B.

12.

ScentAir has been, and is still, directly infringing the 068 Patent under 35 U.S.C.

271(a) by making, selling, offering for sale, importing, and using its ScentDirect product, and ScentAir will continue to do so unless enjoined by this court. 13. ScentAir has been, and is, actively inducing infringement of the 068 Patent under

35 U.S.C. 271(b) by providing to customers the ScentDirect product, along with instructions and directions that result in the use of the methods and systems disclosed and claimed in the 068 Patent. ScentAir intends that its customers use the ScentDirect product in accordance with instructions and directions provided by ScentAir, and knows that its customers and other users of the ScentDirect product use it to infringe the 068 Patent, thus, intentionally inducing infringement of the 068 Patent. 14. ScentAir has been, and is, contributorily infringing the 068 Patent under 35

U.S.C. 271(c) by selling, offering for sale, and importing its ScentDirect product. The ScentDirect product is a material part of the methods disclosed and claimed in the 068 Patent. The ScentDirect product is not a staple article or commodity of commerce, and has no substantial non-infringing use. ScentAir knows that its ScentDirect product is made or adapted for an infringing use. 15. As a direct and proximate result of ScentAirs infringement of the 068 Patent,

Prolitec is suffering damages and irreparable injury for which it has no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Prolitec prays that the Court: 1) Find that ScentAir has infringed the 068 Patent; 2) Grant a permanent injunction prohibiting ScentAir from further infringement of the 068 Patent;

3) Require ScentAir to pay damages to Prolitec adequate to compensate for the infringement and not less than a reasonable royalty, together with prejudgment interest and costs; 4) Award Prolitec multiple damages under 35 U.S.C. 284 for ScentAirs willful infringement; 5) Find this to be an exceptional case under 35 U.S.C. 285 and require ScentAir to pay Prolitecs litigation expenses including reasonable attorneys fees and costs; and 6) Grant any other relief that the Court may deem just and proper. JURY DEMAND In accordance with Federal Rule of Civil Procedure 38, Prolitec hereby demands a trial by jury in this action.

Dated: May 15, 2012.

s/ Jennifer L. Gregor James D. Peterson Jennifer L. Gregor Andrew C. Landsman GODFREY & KAHN, S.C. One East Main Street, Suite 500 Madison, WI 53703 Phone: 608-257-3911 Fax: 608-254-0609 Email: jpeterson@gklaw.com, jgregor@gklaw.com, alandsman@gklaw.com Nicholas A. Kees GODFREY & KAHN, S.C. 780 North Water Street Milwaukee, WI 53202-3590 Phone: 414-273-3500 Fax: 414-273-5198 Email: nakees@gklaw.com Attorneys for Plaintiff, Prolitec Inc.

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