UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN DISPLAY PACK, INC., a Michigan corporation, Case No.

Plaintiff, v QMADIX INC., a California corporation, Defendant. _____________________________________/ Hon.

COMPLAINT Plaintiff Display Pack, Inc. states its Complaint against Defendant Qmadix Inc. as follows: The Parties 1. Plaintiff Display Pack, Inc. (Display Pack) is a Michigan corporation having its

principal place of business in Grand Rapids, Michigan. Display Pack designs, manufactures, and sells consumer packaging, including plastic reclosable packaging. 2. Upon information and belief, Defendant Qmadix Inc. (Qmadix) is a California

corporation, with a principal place of business at 14350 Arminta Street, Panorama City, California. Qmadix sells, offers for sale, or imports into the United States plastic reclosable packaging. Jurisdiction and Venue 3. seq. This is an action for patent infringement under the Patent Act, 35 U.S.C. 101 et

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This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a),

as this action arises under the patent laws. 5. Upon information and belief, Qmadix sells and offers for sale plastic reclosable

packaging throughout the United States and has systematic and continuous dealings within this District. 6. Venue is proper in this District under 28 U.S.C. 1391 and 1400. Allegations and Claim for Relief 7. Display Pack is a privately owned, Grand Rapids-based manufacturer of

consumer packaging. Display Pack manages entire packaging projects from start to finish, including designing, prototyping, printing, die-cutting, thermoforming, contract packaging, and warehousing and logistics. 8. Display Pack is sought after for its innovative design concepts and wide array of

product offerings. Display Pack has designed and produced an accessible and sustainable plastic reclosable package. The packaging showcases the product from all views, allowing the customer to inspect and even try out the product, then reclose the packaging without compromising package integrity. 9. Display Pack took steps to protect its innovative products. In particular, Display

Pack is and has been the sole owner by assignment of all right, title, and interest to the following patents (collectively referred to as the Display Pack Patents): a. United States Design Patent No. D624,399 (the 399 Patent), titled Reclosable Package, issued September 28, 2010. (Exhibit 1.) b. United States Design Patent No. D624,402 (the 402 Patent), titled Reclosable Package, issued September 28, 2010. (Exhibit 2.)

c. United States Design Patent No. D624,403 S (the 403 Patent), titled Reclosable Package, issued September 28, 2010. (Exhibit 3.) d. Untied States Design Patent No. D634, 616 (the 616 Patent), titled Reclosable Packaging, issued March 22, 2011. (Exhibit 4.) e. United States Patent No. 7,931,148 (the 148 Patent), titled Double Hinge Display Package and Method of Use, issued April 26, 2011. (Exhibit 5.) 10. Pack Patents. 11. Qmadix is in the business of offering to sell, selling or importing into the United Display Pack is entitled to sue for past and future infringement of the Display

States plastic reclosable packaging in competition with major manufacturers, including Display Pack. 12. Qmadix has, without authority or license from Display Pack, used, offered to sell,

sold or imported into the United States plastic reclosable packaging that infringes the Display Pack Patents. COUNT I - Infringement of the 399 Patent 13. 14. Display Pack incorporates by reference all preceding paragraphs. Qmadix has been and still is using, offering to sell, selling or importing into the

United States plastic reclosable packaging products that infringe the 399 Patent in violation of 35 U.S.C. 271(a). 15. Qmadix has been and still is actively inducing others to infringe the 399 Patent in

violation of 35 U.S.C. 271(b). 16. Qmadixs infringement of the 399 Patent has been intentional and willful,

making this an exceptional case.

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Qmadixs continued infringement of the 399 Patent has damaged and will

continue to damage Display Pack. 18. By reason of Qmadixs infringement of the 399 Patent, Display Pack has been

irreparably harmed, and unless and until Qmadix is enjoined by this Court, Display Pack will continue to suffer irreparable damage and injury for which it has no adequate remedy at law. COUNT II - Infringement of the 402 Patent 19. 20. Display Pack incorporates by reference all preceding paragraphs. Qmadix has been and still is using, offering to sell, selling or importing into the

United States plastic reclosable packaging products that infringe the 402 Patent in violation of 35 U.S.C. 271(a). 21. Qmadix has been and still is actively inducing others to infringe the 402 Patent in

violation of 35 U.S.C. 271(b). 22. Qmadixs infringement of the 402 Patent has been intentional and willful,

making this an exceptional case. 23. Qmadixs continued infringement of the 402 Patent has damaged and will

continue to damage Display Pack. 24. By reason of Qmadixs infringement of the 402 Patent, Display Pack has been

irreparably harmed, and unless and until Qmadix is enjoined by this Court, Display Pack will continue to suffer irreparable damage and injury for which it has no adequate remedy at law. COUNT III - Infringement of the 403 Patent 25. Display Pack incorporates by reference all preceding paragraphs.

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Qmadix has been and still is using, offering to sell, selling or importing into the

United States plastic reclosable packaging products that infringe the 403 Patent in violation of 35 U.S.C. 271(a). 27. Qmadix has been and still is actively inducing others to infringe the 403 Patent in

violation of 35 U.S.C. 271(b). 28. Qmadixs infringement of the 403 Patent has been intentional and willful,

making this an exceptional case. 29. Qmadixs continued infringement of the 403 Patent has damaged and will

continue to damage Display Pack. 30. By reason of Qmadixs infringement of the 403 Patent, Display Pack has been

irreparably harmed, and unless and until Qmadix is enjoined by this Court, Display Pack will continue to suffer irreparable damage and injury for which it has no adequate remedy at law. COUNT IV - Infringement of the 616 Patent 31. 32. Display Pack incorporates by reference all preceding paragraphs. Qmadix has been and still is using, offering to sell, selling or importing into the

United States plastic reclosable packaging products that infringe the 616 Patent in violation of 35 U.S.C. 271(a). 33. Qmadix has been and still is actively inducing others to infringe the 616 Patent in

violation of 35 U.S.C. 271(b). 34. Qmadixs infringement of the 616 Patent has been intentional and willful,

making this an exceptional case. 35. Qmadixs continued infringement of the 616 Patent has damaged and will

continue to damage Display Pack.

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By reason of Qmadixs infringement of the 616 Patent, Display Pack has been

irreparably harmed, and unless and until Qmadix is enjoined by this Court, Display Pack will continue to suffer irreparable damage and injury for which it has no adequate remedy at law. COUNT V - Infringement of the 148 Patent 37. 38. Display Pack incorporates by reference all preceding paragraphs. Qmadix has been and still is using, offering to sell, selling or importing into the

United States plastic reclosable packaging products that infringe the 148 Patent in violation of 35 U.S.C. 271(a). 39. Qmadix has been and still is actively inducing others to infringe the 148 Patent in

violation of 35 U.S.C. 271(b). 40. Qmadixs infringement of the 148 Patent has been intentional and willful,

making this an exceptional case. 41. Qmadixs continued infringement of the 148 Patent has damaged and will

continue to damage Display Pack. 42. By reason of Qmadixs infringement of the 148 Patent, Display Pack has been

irreparably harmed, and unless and until Qmadix is enjoined by this Court, Display Pack will continue to suffer irreparable damage and injury for which it has no adequate remedy at law. WHEREFORE, Display Pack respectfully requests the following relief: A. Judgment that Qmadix has infringed and actively induced others to infringe the

Display Pack Patents; B. A permanent injunction enjoining Qmadix, its officers, employees, agents, and all

others acting in concert with it or participating with it from further infringement and/or inducement of infringement of the Display Pack Patents;

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An award of damages adequate to compensate Display Pack for Qmadixs

infringement, but in no event less than a reasonable royalty under 35 U.S.C. 284; D. Enter an order trebling all damages awarded to Display Pack by reason of

Qmadixs willful infringement of the Display Pack Patents, pursuant to 35 U.S.C. 284; E. Enter an order awarding Display Pack interest on the damages awarded and its

costs pursuant to 35 U.S.C. 284; F. Enter an order finding that this is an exceptional case and award Display Pack its

reasonable costs, expenses, and reasonable attorneys fees pursuant to 35 U.S.C. 285; and, G. circumstances. DEMAND FOR JURY TRIAL Display Pack demands a trial by jury. Respectfully submitted, Award such other relief as the Court may deem appropriate and just under the

Dated: November 21, 2011

/s/ Janet Ramsey Janet Ramsey Amanda M. Fielder WARNER NORCROSS & JUDD LLP 900 Fifth Third Center 111 Lyon, N.W. Grand Rapids, MI 49503 Telephone: (616) 752-2000 Fax: (616) 222-2736 jramsey@wnj.com afielder@wnj.com Attorneys for Plaintiff Display Pack, Inc.

GR#6061475-1