IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

SUPERIOR CANE TIP COMPANY, LLC ) A Florida limited liability company, ) Plaintiff, ) ) v. ) ) ROSE HEALTH CARE, LLC ) A Georgia limited liability company, ) Defendant. ) ____________________________________)

Case No. Judge: JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, SUPERIOR CANE TIP COMPANY, LLC, for its Complaint against ROSE HEALTH CARE, LLC alleges as follows: THE PARTIES 1. Plaintiff, Superior Cane Tip Company, LLC (Superior Cane Tip), is a Florida limited liability company, having its principal place of business at 1205 S. Lake Dr., Lantana, Florida 33462. 2. Defendant, Rose Health Care, LLC (Rose Health Care), is a Georgia limited liability company with its principal place of business located at 224 Rose Drive, Brunswick, Georgia 31520. JURISIDCTION AND VENUE 3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 (federal question), 1332 (a) (diversity of citizenship), and 1338(a) (question related to patents). 4. This Court has personal jurisdiction over Defendant by virtue of Florida Statues Ch. 48.193 (1) & (2). Upon information and belief, Rose Health Care has conducted sales and offers

for sale of the accused infringing cane tip, as well as numerous other medical supply products, within this District and furthermore throughout the State of Florida. 5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400. FACTS GIVING RISE TO PATENT INFRINGEMENT 6. Superior Cane Tip is the owner of United States Patent No. D570,094S (the Superior Patent) that covers a design of a cane tip. See Exhibit A hereto. 7. Superior Cane Tip has sold and continues to sell its Superior Cane Tip covered by its Superior Patent. See Exhibit B hereto. 8. Rose Health Care offers to sell and sells in this District cane tips called its Safety Cane Tip that infringe the Superior Patent under 35 U.S.C. 271(a). See Exhibit C hereto. 9. Superior Cane Tip has provided written notice to Rose Health Care of its infringement of the Superior Patent. 10. Rose Health Care has continued to manufacture and sell its infringing Safety Cane Tip. 11. Rose Health Cares infringement of Superiors Patent has been willful, as it has been notified of its infringement of the Superior Patent, but nonetheless has continued to infringe the Superior Patent. WHEREFORE, Superior Cane Tip prays that a judgment be entered in its favor and against Rose Health Care as follows: (a) Rose Health Care infringes U.S. Patent D570,094S under 35 U.S.C. 271; (b) Rose Health Cares infringement has been willful; (c) Superior Cane Tip be awarded damages pursuant to 35 U.S.C. 284;

(d) Superior Cane Tip be awarded Rose Health Cares gross profits pursuant to 35 U.S.C. 289; (e) Superior Cane Tip be awarded prejudgment interest; (f) Superior Cane Tip be awarded increased damages pursuant to 35 U.S.C. 284; (g) Superior Cane Tip be awarded its attorney fees pursuant to 35 U.S.C. 285; and (h) any further and just relief the Court deems equitable and appropriate.

Dated: August 8, 2012.

Respectfully submitted, s/ Brian M. Taillon McHALE & SLAVIN, P.A. Edward F. McHale (FBN 190300) Brian M. Taillon (FBN 678635) 2855 PGA Boulevard Palm Beach Gardens, Florida 33410 Telephone: (561) 625-6575 Facsimile: (561) 625-6572 E-mail: litigation@mchaleslavin.com GROSSMAN LAW OFFICES Lee F. Grossman, pro hac vice pending Mark Grossman, pro hac vice pending Tejal P. Fowler, pro hac vice pending 225 W. Washington Street, Suite 2200 Chicago, Illinois 60606 Telephone: (312) 621-9000 Facsimile: (847) 925-9286 E-mail: lgrossman@grossmanlegal.com mgrossman@grossmanlegal.com tfowler@grossmanlegal.com Attorneys for Plaintiff