IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PENNSY CORPORATION Plaintiff, v.

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CIVIL ACTION No.: ____________

JURY TRIAL DEMANDED

RAIL CAR SERVICE CO., d/b/a PENNSYLVANIA RAIL CAR COMPANY, Defendant.

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, Pennsy Corporation (hereinafter Pennsy or Plaintiff), by and through its undersigned counsel, for its Complaint against Defendant, Rail Car Service Co., d/b/a Pennsylvania Rail Car Company, (hereinafter PA Rail or Defendant), states as follows: PARTIES 1. Pennsy is a corporation organized and existing under the laws of the

Commonwealth of Pennsylvania and has a place of business located at Franklin Corners, 515 South Franklin Street, Suite 100, West Chester, PA 19382. 2. On information and belief, PA Rail is a corporation organized and existing under

the laws of the Commonwealth of Pennsylvania and has a principal place of business located at 584 Fairground Road, P.O. Box 129, Mercer, PA 16137. Defendant does business within the Commonwealth of Pennsylvania, including in this judicial district. NATURE OF THIS ACTION, JURISDICTION, AND VENUE 3. This action arises under the patent laws of the United States of America, Title 35

of the United States Code, including 35 U.S.C. 154(d), 271, 281, 283, 284, and 285. This

court has jurisdiction over the subject matter of this action pursuant to 35 U.S.C. 271 et seq., and 28 U.S.C. 1331 and 1338. 4. Personal jurisdiction in this district is proper inasmuch as Defendant is a

Pennsylvania corporation located in the Commonwealth of Pennsylvania and does business within or has sufficient minimum contacts with the forum as a result of business regularly conducted within the Commonwealth of Pennsylvania, including within this judicial district. Personal jurisdiction also specifically exists over Defendant as a result of, at least, Defendants distribution network wherein Defendant, placed instrumentalities that practice the claimed inventions of the United States Patent No. 8,167,251 owned by the Plaintiff, within the stream of commerce, which stream is directed at this district, and by committing the tort of patent infringement within the Eastern District of Pennsylvania. 5. 1400(b). COUNT I PATENT INFRINGEMENT 6. On May 1, 2012, U.S. Patent No. 8,167,251 (hereinafter referred to as the `251 Venue is proper in this District pursuant to 28 U.S.C. 1391 as well as 28 U.S.C.

patent) duly and legally issued to Wayne H. Murphy and Michael J. Schmidt for an invention entitled Air Hose Support Clip to Prevent Lateral Loading. The `251 patent is in full force and effect, and a copy of the `251 patent is attached hereto as Exhibit 1. 7. Pennsy is the assignee of the `251 patent and the owner of all right title, and

interest in and to the `251 patent. 8. On information and belief, in contravention to 35 U.S.C. 271(a)(b) and (c),

Defendant PA Rail has infringed and/or is infringing the `251 patent by making, using, selling, and/or offering to sell, importing into the Untied States, or inducing others to make, use, sell,

and/or offer to sell products including but not limited to the air hose support clip attached hereto as Exhibit 2. 9. On information and belief, such acts of infringement have occurred and continue

to occur without the authority or license of Plaintiff Pennsy. 10. 11. On information and belief, PA Rails infringement is willful and deliberate. Plaintiff Pennsy has been and is being damaged and will continue to be damaged

by the infringing activities of Defendant PA Rail complained about herein. 12. U.S. Patent Application Serial No. 13/103,619, from which the `251 patent issued,

was published on August 18, 2011 by the United States Patent and Trademark Office under Publication No. US 2011/0198449 A1. 13. On information and belief, during the period between August 18, 2011, the date

U.S. Patent Application Serial No. 13/103,619 was published, and May 1, 2012, the date the `251 patent was issued, Defendant PA Rail was making and/or using and/or offering for sale and/or selling in the United States the invention as claimed in published U.S. Patent Application Serial No. 13/103,619 and/or importing such an invention into the United States, Defendant PA Rail had actual notice of published U.S. Patent Application No. 13/103,619, and the invention as claimed in the `251 patent is substantially identical to the invention as claimed in published U.S. Patent Application Serial No. 13/103,619. PRAYER FOR RELIEF WHEREFORE, Plaintiff Pennsy prays: A. For a judgment that one or more of the claims of the `251 patent have been

infringed, either literally and/or under the doctrine of equivalents, by Defendant PA Rail and/or

by at least one other entity whose infringement has been contributed to by Defendant PA Rail and/or by at least one other entity whose infringement has been induced by Defendant PA Rail; B. C. For a judgment that the `251 patent is valid and enforceable; That, pursuant to 35 U.S.C. 283, preliminary and final injunctions be issued

enjoining Defendant PA Rail, its officers, agents, servants, employees and all those persons in active concert or participation with it from further infringement of the `251 patent; D. That Plaintiff Pennsy be awarded all appropriate damages pursuant to 35 U.S.C.

284 for Defendant PA Rails past infringement, any continuing or future infringement of the `251 patent, and treble damages because of the willful nature of PA Rails infringement; E. That, pursuant to 35 U.S.C. 284, Plaintiff Pennsy be awarded costs and pre-

judgment and post-judgment interest at the maximum rate allowable by law on the damages caused by reason of Defendant PA Rails infringing activities complained herein; F. That, pursuant to 35 U.S.C. 285, Plaintiff Pennsy be awarded attorney fees

incurred in connection with this action; G. That, pursuant to 35 U.S.C. 154(d), Plaintiff Pennsy be awarded a reasonably

royalty from Defendant PA Rail; and H. That Plaintiff Pennsy be granted such other and further relief as this Court deems

just, proper, and equitable.

DEMAND FOR JURY TRIAL The Plaintiff, Pennsy, demands a trial by jury of all issues properly triable by jury in this action. Date: May 31, 2012 Respectfully submitted, Harding, Earley, Follmer & Frailey, P.C. By: s/ John F. A. Earley III John F.A. Earley III (PA 38,839) Frank J. Bonini, Jr. (PA 59,394) Harding, Earley, Follmer & Frailey, P.C. 86 the Commons at Valley Forge East 1288 Valley Forge Road Post Office Box 750 Valley Forge, Pennsylvania, 19482 Tel: (610) 935-2300 Fax: (610) 935-0600 jackearley@hardingearley.com fbonini@hardingearley.com Attorneys for Plaintiff Pennsy Corporation