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(the 191 patent), which issued March 12, 1996, for BUBBLE PRODUCING TOY.

2.

Imperial Toy is informed and believes, and on that basis avers, that

defendant MerchSource, LLC (MerchSource) is a limited liability company, organized and existing under the laws of California with its principal place of business at 19517 Pauling St., Foothill Ranch, CA 92869.

JURISDICTION AND VENUE

3.

This claim arises under the United States patent laws, 35 U.S.C. 1

et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a).

4.

This Court has personal jurisdiction over MerchSource as

MerchSource is organized under the laws of this State and District and has regularly engaged in business in this State and District, for example, by making, using, selling and/or offering to sale articles, including MerchSources Discovery Kids Bubble Blower (Bubble Blower), which infringe at least claim 1 of the 191 patent and/or knowingly and actively inducing others to do so.

5.

Venue in this District is proper based on 28 U.S.C. 1391 and 1400.

MerchSource does business, have infringed, and continue to infringe the 191 patent in this District.

-2COMPLAINT

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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 1. 191 patent; 8. 7. 6.

CLAIM FOR RELIEF (For Patent Infringement, U.S. Patent No. 5,498,191)

Imperial Toy is the owner by assignment of the 191 patent, which

issued March 12, 1996, for BUBBLE PRODUCING TOY. A copy of the 191 patent is attached hereto as Exhibit A.

Imperial Toy is informed and believes, and on that basis avers, that

MerchSource has made, used, sold and/or offered for sale in this District and elsewhere in the United States and/or has imported into the United States articles (including MerchSources Bubble Blower) infringing at least claim 1 of the 191 patent and/or has knowingly and actively induced others to do so. Imperial Toy is further informed and believes, and on that basis alleges, that this infringement will continue unless and until enjoined by this Court.

Imperial Toy, by this Complaint and otherwise, has notified

MerchSource of its infringement, which has been and continues to be willful and deliberate. Imperial Toy has been and continues to be damaged by the abovealleged infringement and will suffer irreparable harm until such time as that infringement is enjoined.

PRAYER

Wherefore, plaintiff Imperial Toy LLC prays for judgment as follows:

For a preliminary and permanent injunction against infringement of the

-3COMPLAINT

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2.

For an accounting and award of actual damages sustained by Imperial

Toy (but no less than a reasonable royalty) as a result of infringement of the 191 patent;

3.

For treble damages under 35 U.S.C. 285;

4.

For plaintiffs attorneys fees and costs incurred in prosecution of this

action under, inter alia, 35 U.S.C. 285; and

5. proper.

For such other and further relief as this Court may deem just and

13 Dated: October 21, 2011 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CONNOLLY BOVE LODGE & HUTZ LLP By: Glenn W. Trost Attorneys for Plaintiff Imperial Toy LLC

-4COMPLAINT

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1 2 3 4 5 Dated: October 21, 2011 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DEMAND FOR JURY TRIAL

Plaintiff Imperial Toy LLC hereby demand trial by jury.

CONNOLLY BOVE LODGE & HUTZ LLP By: Glenn W. Trost Attorneys for Plaintiff Imperial Toy LLC

-5COMPLAINT

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EXHIBIT A

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