UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

20li AUG -9 PM 3: 32

HIP INNOVATIONS, LLC and HAMPTON DIRECT, INC., Plaintiffs,

v.
SHURTECH BRANDS, LLC, Defendants.

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Case No. ~: \ \ -CV - ,Q.O">

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL HIP Innovations, LLC and Hampton Direct, Inc., by their attorneys, complain against ShurTech Brands, LLC for infringement of U.S. Patent No. 7,891,136. HIP Innovations, LLC, and Hampton Direct, Inc. seek permanent injunctive relief against future infringement, monetary damages for past infringement, and other relief. Parties 1. Plaintiff HIP Innovations, LLC ("HIP"), a Vermont limited liability company

with headquarters and principal place of business located at 291 Hurricane Lane, Williston, Vermont 05495, is the owner of the patent-in-suit, U.S. Patent No. 7,891,136. 2. Plaintiff Hampton Direct, Inc. ("Hampton"), a Vermont corporation with

headquarters and principal place of business located at 291 Hurricane Lane, Williston, Vermont 05495, is the exclusive licensee of the patent-in-suit. 3. On information and belief, Defendant ShurTech Brands, LLC ("ShurTech") is a

North Carolina limited liability company having a registered address at 1985 Tate Boulevard SE,
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Hickory, North Carolina 28602. 4. On information and belief, ShurTech's principal place of business is 32150 Just

Imagine Drive, Avon, Ohio 440 II. ShurTech is doing business in this judicial district and elsewhere. Jurisdiction 5. This is an action for patent infringement arising under 35 U.S.C. 171,271,

281-85. This Court has jurisdiction pursuant to 28 U.S.C. 1331 (federal question), 1332 (diversity) and 1338(a) (patent actions). Venue 6. 1400(b). COUNT I (For Infringement of U.S . Patent No. 7,891,136) 7. Plaintiffs HIP and Hampton hereby reallege and reincorporate paragraphs 1 Venue in this judicial district is proper pursuant to 28 U.S.C. 1391 and

through 6 of this Complaint for Patent Infringement as if fully set forth herein. 8. HIP is the sole owner by assignment of a patent entitled "Removable Draft

Blocker Having An End Retaining Element," U.S. Patent No. 7,891,136 (the '" 136 patent"). A copy of the ' 136 patent is attached to this Complaint as Exhibit A. 9. The inventor of the patent is Steve Heroux. The inventor has assigned all of his

rights in the' 136 patent to HIP. 10. 11. Pursuant to 35 U.S.C. 282, the '136 patent is presumed valid. Plaintiff Hampton is the sole and exclusive licensee of the '136 Patent. Hampton

has made and sells patented draft guards throughout this judicial district and the United States

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pursuant to its exclusive license. 12. Defendant ShurTech has directly and indirectly infringed, and is still infringing

and inducing infringement, of the' 136 patent by selling and offering to sell a removable draft seal, in this judicial district and elsewhere, that embodies the patented invention. 13. Defendant ShurTech has no license for use of the patent, and, on information and

belief, has knowledge of the '136 patent. Accordingly, ShurTech's infringement of the '136 patent has been and continues to be willful, wanton, deliberate, and without license. 14. Unless preliminarily and permanently enjoined by this Court, ShurTech will

continue its acts of infringement to HIP's and Hampton's immediate, substantial and irreparable
harm.

WHEREFORE, Plaintiffs HIP and Hampton respectfully ask this Court to enter judgment for Plaintiffs and against Defendant ShurTech and to grant Plaintiffs the following relief: (a) an order preliminarily and permanently enjoining ShurTech's continued infringement of the' 136 patent;
(b) (c) (d) (e)

an accounting and award of damages; interest and costs; attorney's fees; and such other and further relief as the Court deems appropriate.

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JURY DEMAND
Plaintiffs HIP and Hampton demand trial by jury of all issues so triable with respect to the Complaint. Burlington, Vermont August 9,2011 CHLIN MARTIN PLLC

Matthew S. Borick Thomas D. Kohler 199 Main Street, P.O. Box 190 Burlington, VT 05402-0190 (P) (802) 863-2375 (F) (802) 862-7512 mborick@drm.com ATTORNEYS FOR PLAINTIFF HIP INNOVATIONS, LLC and HAMPTON DIRECT, INC.
4543475.3

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