IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT RICHARD GILMAN and ELIZABETH GILMAN Plaintiffs,

v. ISLAND MOORING SUPPLIES, LLC Defendant. ) ) ) ) ) ) ) ) ) )

Civil Action No.: 3:12-cv-1320

COMPLAINT AND DEMAND FOR JURY TRIAL NOW COME Plaintiffs, Richard and Elizabeth Gilman, by and through their undersigned attorneys, allege for their Complaint as follows: THE PARTIES 1. Plaintiff, Richard Gilman, is an individual residing at 40 Gilman Road, Gilman, Connecticut 06336. 2. Plaintiff, Elizabeth Gilman, is an individual residing at 40 Gilman Road, Gilman, Connecticut 06336. 3. Defendant, Island Mooring Supplies, LLC (Island Mooring Supplies), is a limited liability corporation organized under the laws of the State of Rhode Island, with a principal place of business at 68 John Oldham Road, Prudence Island, Rhode Island 02872. JURISDICTION AND VENUE 4. This Court has exclusive jurisdiction over the subject matter of this Complaint pursuant to 28 U.S.C. 1331 and 1338(a), whereas Plaintiffs claims arise under an act of Congress relating to patents.

5. Pursuant to 28 U.S.C. 1367 this Court has supplemental jurisdiction over the Plaintiffs breach of contract claims which are so related to the claims under 28 U.S.C. 1331 and 1338(a) that they arise from a common nucleus of operative facts with the patent claims and form part of the same case or controversy. 6. This Court has personal jurisdiction over Island Mooring Supplies whereas Island Mooring Supplies regularly conducts business within the District of Connecticut. 7. Venue is appropriate under 28 U.S.C. 1391(b), (c) and 1400(b). THE ASSERTED PATENT 8. The Plaintiffs are the owners and inventors of United States Patent No. D602,389 entitled Mooring Buoy, which issued to the Plaintiffs on October 20, 2009 on an application filed on September 17, 2008 (the 389 patent). A copy of the Asserted Patent is attached hereto as Exhibit A. BACKGROUND FACTS 9. Defendant Island Mooring Supplies is a wholesale manufacturer of mooring supplies including products known as the Homan Hull Friendly Mooring Buoys. 10. Upon information and belief the Homan Mooring Buoys infringe, and will continue to infringe one or more claims of the 398 patent. 11. The Plaintiffs previously commenced a civil action in the United States District Court for the District of Connecticut against Island Mooring Supplies on or about September 27, 2011 (hereinafter the Prior Action). 12. The Prior Action was entitled Richard Gilman and Elizabeth Gilman v. Island Mooring Supplies LLC, Civil Action No. 3:11-cv-1490 SRU.

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13. In the Prior Action the Plaintiffs asserted, inter alia, that Island Mooring Supplies had infringed and continues to infringe the 389 patent. 14. On January 11, 2012, the parties entered into a written settlement agreement (the Settlement Agreement) signed by both parties. 15. As part of the written Settlement Agreement, Island Mooring agreed to cease making, using, selling, offering to sell and/or importing the infringing Homan Hull Friendly buoys by June 1, 2012. 16. As part of the written Settlement Agreement, Island Mooring further agreed not to challenge the validity of the 389 patent in any future litigation or administrative proceeding. 17. In return for Defendants promises in the Settlement Agreement, the Plaintiffs agreed to file, and filed, a Voluntary Dismissal With Prejudice on January 13, 2012. 18. Upon information and belief, Defendant did not cease making, using, selling, offering to sell and/or importing the same or similar version of the Homan Hull Friendly Mooring Buoy which infringes the 389 patent. 19. The infringing version of the Homan Hull Friendly Mooring Buoy has consistently been advertised in the Points East boating magazine for coastal New England since on or before May of 2012. Exhibit B hereto shows Island Mooring Supplies advertisements for the infringing buoy displayed in the Points East Magazine in the May through September 2012 issues. 20. Upon information and belief the infringing version of the Homan Hull Friendly Mooring Buoy has been sold, and is currently offered for sale on Defendants web site: www.imsri.com/mooring_buoys.html.

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21. The Main page of Defendants website displays the infringing mooring buoy as one of the alternating images that appear when visitors enter the site. A screen-shot of this web page, dated September 13, 2012 is attached hereto as Exhibit C. 22. The Mooring Buoys link on the left side of Defendants websites Main page takes users to an advertisement to sell the infringing Homan Hull Friendly Mooring Buoys, which displays alternating images of the infringing product. Exhibit D attached hereto includes the two alternating images of the Homan Hull Friendly Mooring Buoys advertised on Defendants website as of September 13, 2012. 23. Both the Main page and the Mooring Buoys pages of Defendants website include a link to Defendants IMS Catalog which displays images of the infringing mooring buoys on the cover and second page, and advertises these products for sale including, without limitation, on the third and ninth page. Attached as Exhibit E is a copy of Defendants IMS Catalog downloaded from Defendants website on September 13, 2012. COUNT I INFRINGEMENT OF THE 389 PATENT 24. The Plaintiffs incorporate paragraphs 1 23 supra, by reference and reallege them as if originally set forth herein. 25. Island Mooring Supplies has infringed and continues to infringe the 389 patent by making, using, selling, offering to sell and/or importing products known as the Homan Hull Friendly Mooring Buoys ,which are covered by claims of the 389 patent, and will continue to do so unless enjoined therefrom by this Court.

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26. As a direct and proximate result of Island Mooring Supplies infringing acts, the Plaintiffs have suffered and will continue to suffer damages, including damages which are causing them irreparable harm. 27. Upon information and belief, the aforementioned infringement is knowing, willful, deliberate, and objectively reckless. COUNT II BREACH OF THE SETTLEMENT AGREEMENT 28. The Plaintiffs incorporate paragraphs 1 27 supra, by reference and reallege them as if originally set forth herein. 29. On January 11, 2012, the parties entered into a written Settlement Agreement signed by all parties. 30. As part of the written Settlement Agreement Island Mooring agreed to cease making, using, selling, offering to sell and/or importing the infringing Homan Hull Friendly buoy by June 1, 2012. 31. In return for Defendants promises in the Settlement Agreement the Plaintiffs agreed to file, and did file, a Voluntary Dismissal with prejudice on January 13, 2012. 32. Upon information and belief, Defendant did not cease making, using, selling, offering to sell and/or importing the same or similar version of the Homan Hull Friendly Mooring Buoy which infringes the 389 patent. 33. The infringing version of the Homan Hull Friendly Mooring Buoy has consistently been advertised in the Points East boating magazine for coastal New England since on or before May of 2012. Exhibit B hereto shows Island Mooring Supplies advertisements for the

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infringing buoy appearing in the May through September 2012 issues of the Points East magazine. 34. Upon information and belief the infringing version of the Homan Hull Friendly Mooring Buoy has been sold, and is currently for sale on Defendants web site: www.imsri.com/mooring_buoys.html. 35. The Main page of Defendants website displays the infringing mooring buoy as one of the alternating images that appear when visitors enter the site. A screen-shot of this web page, dated September 13, 2012 is attached hereto as Exhibit C. 36. The Mooring Buoys link on the left side of Defendants websites Main page takes users to an advertisement to sell the infringing Homan Hull Friendly Mooring Buoys, which displays alternating images of the infringing product. Exhibit D hereto includes these alternating images of the advertised Homan Hull Friendly Mooring Buoys advertised on Defendants website as of September 13, 2012. 37. Both the Main page and the Mooring Buoys pages of Defendants website include a link to Defendants IMS Catalog which displays images of the infringing mooring buoys on the cover and second page, and advertises these products for sale on the third and ninth page. Attached as Exhibit E is a copy of Defendants IMS Catalog downloaded from Defendants website on September 13, 2012. 38. Island Mooring Supplies has, therefore, breached its written Settlement Agreement with Plaintiffs by making, using, selling, offering to sell and/or importing the products known as the Homan Hull Friendly Mooring Buoys, which are covered by claims of the 389 patent.

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39. As a direct and proximate result of Island Mooring Supplies breach, the Plaintiffs have suffered and will continue to suffer damages, including damages which are causing them irreparable harm. WHEREFORE, the Plaintiffs respectfully request that this Court enter judgment as follows: 1. Preliminarily and permanently enjoin the Defendant from violating 35 U.S.C.

271 by infringing the Asserted Patent, all pursuant to 35 U.S.C. 283; 2. 3. 4. 5. Award Plaintiffs their actual damages, all pursuant to 35 U.S.C. 284; Find that Island Mooring Supplies infringement of the Asserted Patent is willful; Award Plaintiffs treble damages, all pursuant to 35 U.S.C. 284; Award Plaintiffs damages for Defendants breach of the Settlement Agreement

including, without limitation, the legal fees and costs incurred in negotiating the Settlement Agreement and in defending this lawsuit, in a total amount to be proven at trial. 6. Find that this case is an exceptional case within the meaning of 35 U.S.C. 285

and award Plaintiffs their costs and reasonable attorney fees; and 7. Grant Plaintiffs such other relief as this Court deems just and proper.

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JURY DEMAND Plaintiffs demand a trial by jury on all counts of their Complaint so triable.

Date: September 13, 2012

Respectfully Submitted,

/s/ William J. Cass, Esq., ct12806 wcass@cantorcolburn.com CANTOR COLBURN LLP 20 Church Street 22nd Floor Hartford, CT 06103 Phone: (860) 286-2929 Facsimile: (860) 286-0115 Attorney for Plaintiffs

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