1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DECLARATORY JUDGMENT Page 1 Kolisch Hartwell, P.C. 520 S.W.

. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655 Plaintiff CRU Acquisition Group, LLC dba CRU-DataPort, LLC (hereinafter referred to as CRU) alleges, based upon actual knowledge with respect to Plaintiff and Plaintiffs acts, and based upon information and belief with respect to all other matters, against Defendant MyKey Technology Inc. (hereinafter referred to as MyKey) as follows: v. MYKEY TECHNOLOGY INC., a Delaware corporation Defendant. CRU ACQUISITION GROUP, LLC dba CRU-DATAPORT LLC, a Washington corporation Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. _________________ COMPLAINT FOR DECLARATORY JUDGMENT DEMAND FOR JURY TRIAL UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION

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NATURE OF THE CASE

1.

This is a civil action seeking a declaratory judgment that Plaintiff CRUs products,

including its UltraDock v4 and Drive eRazer products (all of CRUs products that MyKey has claimed infringe its patents are collectively referred to herein as the Accused Products), do not infringe various intellectual property rights of Defendant MyKey. Specifically, CRU seeks a declaratory judgment (a) that the accused Products do not infringe U.S. Patent No. 6,813,682 (the 682 patent), (b) that the 682 patent is invalid and/or unenforceable, (c) that the accused Products do not infringe U.S. Patent No. 7,159,086 (the 086 patent), (d) that the 086 patent is invalid and/or unenforceable, (e) that the accused Products do not infringe U.S. Patent No. 7,228,379 (the 379 patent), and (f) that the 379 patent is invalid and/or unenforceable, THE PARTIES

2.

Plaintiff CRU is, and at all times relevant to this action was, a Washington

corporation with a principal place of business and mailing address at 1000 S.E. Tech Center Dr., Suite 160, Vancouver, WA 98683.

3.

Defendant MyKey is, and at all times relevant to this action was, a Delaware

corporation with a principal place of business and mailing address at 7851 C Beachcraft Avenue, Gaithersburg, Maryland 20879.

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Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655

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JURISDICTION AND VENUE

4. 5.

This is a declaratory judgment action brought under 28 U.S.C. 2201. This Court has federal question jurisdiction under 28 U.S.C. 1331 and 1338(a)

because this case involves federal questions arising under the patent and trademark laws of the United States. 35 U.SC. 1 et seq.; 15 U.S.C. 1051 et seq.

6.

This Court has personal jurisdiction over MyKey because it has purposely directed

its activities at Washington and purposely availed itself of Washington services by serving CRU in Washington with a Delaware patent-infringement action in May, 2011, and by serving CRU in Washington on several occasions after May, 2011 with a complaint against CRU before the International Trade Commission (ITC) and with several other documents related to that ITC proceeding.

7.

Venue is proper in this Court under 28 U.S.C. 1391(c) because MyKey is subject

to personal jurisdiction in Washington, and thus is deemed to reside in Washington for purposes of venue.

8.

Venue may also be proper under 28 U.S.C. 1391(b) inasmuch as a substantial part

of the events giving rise to this lawsuit took place in this judicial district. That is, CRU is based in Washington, and records pertinent to MyKeys past allegations of patent infringement by the Accused Products are in Washington, as are pertinent witnesses relative to MyKeys past infringement allegations.

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Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655

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BACKGROUND FACTS

9.

Since May 20, 2011, defendant MyKey Technology, Inc. (MyKey) sued CRU

and twelve other unrelated defendants for patent-infringement in Delaware, and filed a complaint against CRU and nine other unrelated defendants before the ITC.

10. The 682 patent issued on November 2, 2004. MyKey is apparently the owner of all
rights in the 682 patent. The 682 patent claims a blocking device that provides read and write protection for computer storage devices which is shown and described in the 682 patent. A copy of the 682 patent is attached hereto as Exhibit A.

11. The 086 patent issued on January 2, 2007. MyKey is apparently the owner of all
rights in the 086 patent. The 086 patent claims a stand-alone dedicated function device for making exact copies of long-term memory devices which is shown and described in the 086 patent. A copy of the 086 patent is attached hereto as Exhibit B.

12. The 379 patent issued on June 5, 2007. MyKey is apparently the owner of all
rights in the 379 patent. The 379 patent claims a stand-alone, dedicated function device for removing data from a long-term memory component which is shown and described in the 379 patent. A copy of the 379 patent is attached hereto as Exhibit C.

13. On May 20, 2011, MyKey filed a patent infringement lawsuit in the District of
Delaware alleging infringement, by CRU and eleven other unrelated defendants of the 682, 086 and 379 patents. A copy of MyKeys complaint is attached hereto as Exhibit D.

14. On August 25, 2011, in lieu of answering MyKeys complaint, CRU filed a motion
to dismiss for lack of personal jurisdiction and improper venue, a motion to dismiss for misjoinder and a motion to transfer to the Western District of Washington. COMPLAINT FOR DECLARATORY JUDGMENT Page 4 Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655

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15. On July 22, 2011, MyKey filed a complaint against CRU and eight other
respondents before the ITC.

16. On August 31, 2011, the Delaware court stayed MyKeys Delaware action pending
the result of the ITC investigation that is ongoing as a result of MyKeys ITC complaint, and did not rule on CRUs dismissal and transfer motions. COUNT I DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE 682 PATENT (22 U.S.C. 2201)

17. Plaintiff hereby realleges and incorporates by reference the allegations in the
foregoing paragraphs as though fully set forth herein.

18. The Accused Products do not infringe the 682 patent.

COUNT II DECLARATORY JUDGMENT OF INVALIDITY AND/OR UNENFORCEABILITY OF THE 682 PATENT (22 U.S.C. 2201)

19. Plaintiff hereby realleges and incorporates by reference the allegations in the
foregoing paragraphs as though fully set forth herein.

20. The 682 patent is invalid and/or unenforceable under 35 U.S.C. 102, 103, 112,
and/or other provisions of U.S. patent laws, 35 U.S.C. 1 et seq.

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Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655

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COUNT III DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE 086 PATENT (22 U.S.C. 2201)

21. Plaintiff hereby realleges and incorporates by reference the allegations in the
foregoing paragraphs as though fully set forth herein.

22. The Accused Products do not infringe the 086 patent.

COUNT IV DECLARATORY JUDGMENT OF INVALIDITY AND/OR UNENFORCEABILITY OF THE 086 PATENT (22 U.S.C. 2201)

23. Plaintiff hereby realleges and incorporates by reference the allegations in the
foregoing paragraphs as though fully set forth herein.

24. The 086 patent is invalid and/or unenforceable under 35 U.S.C. 102, 103, 112,
and/or other provisions of U.S. patent laws, 35 U.S.C. 1 et seq. COUNT V DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE 379 PATENT (22 U.S.C. 2201)

25. Plaintiff hereby realleges and incorporates by reference the allegations in the
foregoing paragraphs as though fully set forth herein.

26. The Accused Products do not infringe the 379 patent.

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Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655

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COUNT VI DECLARATORY JUDGMENT OF INVALIDITY AND/OR UNENFORCEABILITY OF THE 379 PATENT (22 U.S.C. 2201)

27. Plaintiff hereby realleges and incorporates by reference the allegations in the
foregoing paragraphs as though fully set forth herein.

28. The 379 patent is invalid and/or unenforceable under 35 U.S.C. 102, 103, 112,
and/or other provisions of U.S. patent laws, 35 U.S.C. 1 et seq. PRAYER FOR RELIEF WHEREFORE, Plaintiff CRU prays for judgment and declaratory relief as follows: A. Declaring that the Accused Products do not infringe the 682 patent; B. Declaring that the 682 patent is invalid and/or unenforceable; C. Declaring that the Accused Products do not infringe the 086 patent; D. Declaring that the 086 patent is invalid and/or unenforceable; E. Declaring that the Accused Products do not infringe the 379 patent; F. Declaring that the 379 patent is invalid and/or enforceable; G. Awarding Plaintiff its costs and attorneys fees incurred in conjunction with this lawsuit; and H. Awarding Plaintiff any other relief that this Court deems just and proper.

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Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DECLARATORY JUDGMENT Page 8 By Respectfully presented,

JURY DEMAND Plaintiff CRU hereby demands a trial by jury of all issues so triable. DATED this 15th day of September, 2011.

s/ Owen W. Dukelow OWEN W. DUKELOW, WSBA No. 29230 DAVID P. COOPER (pro hac vice to be filed) CARLA TODENHAGEN (pro hac vice to be filed) KOLISCH HARTWELL, P.C. 520 S.W. Yamhill Street 200 Pacific Building Portland, Oregon 97204 Telephone: (503) 224-6655 E-mail: owen@khpatent.com E-mail: cooper@khpatent.com E-mail: carla@khpatent.com Attorneys for Plaintiff

Kolisch Hartwell, P.C. 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 224-6655