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Steven "I'. Lovett, OSB No. 910701 stlovett~a~stoel.com Nathan C. Brunette, OSB Nn. 090913 ncbrunette~'ii~stoel.

com STOEL RIVES i.~.i~ 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Telephone: (503) 224-3380 I~acsimilc: (S03) 220-2480 Attorneys for Plaintiff

LJNI~I'Ell STA"I'ES DIS"T'RICT COURT DISTRICT OF OREGON PORTLAND DIVISION

SKF,DCO, INC, an Oregon corporation, Plaintiff, ~~. S'l'RA"1~1;U1C OPERA'I,IONS, INC., a California corporation, Defendant.

Lase No.: COMPI.AIN'1' I~OR PAf['EN"1' 1N}~KINGEMEN"(' UEMAND r'()R JURY TRIAL

PARTIES Plaintiff Skedco, Inc., for its complaint against Defendant Strategic Operations, Inc. states as follows: 1. Plaintiff Skedco, lnc. is an Oregon corporation with its principal place of business

in Tualatin, Oregon.

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COMPLAIN"I' FOR PARENT INFRINUEMF;N1' DEM~1N1~ FOR JURY ZR1AL

739K9577.1 0036524-00040

2.

Defendant Strategic Operations, Inc. is a company organized under the laws of~the

State of California, with its principal place of business in San Diego, California JURISDICTION AND VENUE 3. This action is brought pursuant to the patent laws of the United States, 35 U.S.C.

100, et. seq., including 35 USC 281. 4. 5. This Court has subject matter jurisdiction under 28 U.S.C.~~'~~' 1331 and 1338. This Court has personal jurisdiction over Defendant because Defendant offers

intringin~ products for sale in this District and, upon information and beliet~, has sold infringing products into this District. 6. Venue in this Court is proper under 28 tJ.S.C. ~ 1391 and 1400(b). CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF (Infringement of U.S. Patent No. 8,342,852) 7. Plaintiff alleges and incorporates herein by reference the allegations contained in

paragraphs l through 6 of this Complaint. 8. U.S. Patent No. 8,342,852 for Trauma Training System ("'852 Patent") was

issued by the United States Patent and Trademark Office ("USPT'O") on January 1, ?013. ~1 copy of the '852 Patent is attached as Exhibit A. 9. 'The owner of the ' 852 Patent is the United States of America as represented by

the Secretary of the Army. 10. Plaintiff is the sole and exclusive licensee of the '8~2 Patent by virtue of a

confidential Exclusive License Agreement dated December 11, 2007 (the "License") which empowers Plaintiff to bring this suit in its own name pursuant to 35 U.S.0 .~~' 207(a)(2), to settle claims or suits for infringement, and to grant sublicenses to the '852 Patent. Page 2 COMPL,AINT FOR PATENT INFRINGF,MF,NT - DF,MANI) I~OR .It]RY "TRIAL

73959577.1 0036524-00040

11.

Defendant has infringed and continues to infringe directly, contributorily and via

inducement (35 U.S.C. ?; 287(a)(b)(c)), at least Claims 18, 19 and 20 of the '852 Patent in this district and elsewhere by making, using, offering to sell, selling and importing bleeding simulation and trauma training products identified as the Blood Pumping System (or '`BPS'') and the Blast Trousers (the "Accused Products") 12. At no time has Plaintiff granted Defendant authorization, license, or permission to

practice the inventions claims in the '852 Patent. 13. Upon information and belief, Defendant had notice of Plaintii~f`s rights under the

'852 Patent, yet willfully and intentionally commenced and have continued infringement of the '852 Patent. 14. Plaintiff has been and will continue to be damaged by Defendant's continuing

infringement of~the '852 Patent. 15. Plaintiff has been and will continue to be harmed irreparably by Defendant's

infringement of the ' 852 Patent and has no adequate remedy at law. SECOND CLAIM FOR RELIEF (Provisional Ki~hts under 35 U.S.C. & 154(d)) 16. Plaintiff alleges and incorporates herein by reference the allegations contained in

paragraphs 1 through 15 of this Complaint. l7. The 'SS? Patent issued January 1, 2013 from U.S. Patent Application

No. 13/009,665, which was published by the USYTO as t1.S. Patent Application Publication No. 2011/Ul 11380 Al nn May 12, 201 1 ("the '380 Publication"). 18. The claims ot~the '852 Patent are identical to the claims in the '380 Publication.

Defendant had actual notice of the '380 Publication at least as early as September 26, 2012, yet continued making, using, oi~fering for sale, and selling the Accused Products ii1 the United States Page ~ COMPLAINT FOR PATEN"T INFRINGEMENT -- DEMAND FOR .f URY 1'RIAI.

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and importing the Accused Products into the United States from the date of actual notice until January 1, 2013 when the '852 Patent issued. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court: A. d. Enter an order declaring the '852 Patent infringed by Defendant; F,nter an order preliminarily and permanently enjoining Deicndant, its officers.

directors, employee, agents, representatives and all persons acting or claiming to act on their behalf or under their direction or authority from directly or contributorily, infringing, or inducing infringement of, any claims of the "852 Patent. C. Enter judgment in favor of Plaintiii~ and against Defendant for damages for patent

infringement pursuant to 35 U.S.C. ~ 284 in an amount to be determined ai trial, but in no event less than a reasonable royalty for infringement of the '852 Patent. D. Enter judgment in favor of Plaintiff and against Defendant for treble damages

pursuant to 35 U.S.C. ~ 284 by reason of Defendant's deliberate and willful infringement of the '852 Patent. E. Enter judgment in favor of Plaintiff and against Defendant ii~r damages in the

measure of a reasonable royalty pursuant to 35 11.S.C. ~ 154(d) for the period from when Defendant received actual notice of the '380 Publication to the date of issuance of the '852 Patent. f~. C;nter an order awarding Plaintiff interest and reasonable attorneys' fees pursuant

to 35 U.S.C. ~ 285, as well as costs and expenses; and G. 1-;nter an order granting Plaintiff such other and further relict~as the Court deems

just and proper.

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COMPLAINT FOR PATENT INFRINGEMENT DF,MAND FOR Jt1RY "I'R1AI.,

73959577.1 003(1524-00040

DEMAND FOR JURY TRIAL Plaintiff requests a jury for all issues so triable. DATED: .Iune~~, 2013 STOF,L RIVES ~.i.i~

S'I'E ~N T. LO ,"I'T OSB No. 910701 NAI~HAN C. 13RUNE~I'"1~1~, OSf3 No. 090913 Telephone: (503) 224-3380
Attorneys for Plaintiff

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COMPLAINT FOR PA"I'F,N'I~ INFRINGF,MF?NT D~MANI) FOR JURY 'I'R1AL

73959577.1 0036524-00040