IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KANSAS CITY DIVISION DATA LOCKER INC.

Plaintiff, v. APRICORN, INC., LENOVO (UNITED STATES) INC. and LENOVO HOLDING COMPANY, INC. Defendants. COMPLAINT Plaintiff Data Locker Inc., for its cause of action against Apricorn, Inc., Lenovo (United States) Inc., and Lenovo Holding Company, Inc., alleges and states as follows: Parties 1. Plaintiff Data Locker Inc. (Data Locker) is a corporation duly organized under Civil No. 12-cv-2630 JTM/JPO _______________

the laws of the State of Kansas with a principal place of business at 7500 College Boulevard, Suite 1200, Overland Park, Kansas 66210. 2. Upon information and belief, Defendant Apricorn, Inc. (Apricorn) is a

corporation organized under the law of the State of California with its principal place of business at 12191 Kirkham Road, Poway, California 92064. 3. Upon information and belief, Defendant Lenovo Holding Company, Inc.

(Lenovo Holding) is a wholly owned subsidiary of Lenovo Group Ltd. and is organized under the laws of the State of Delaware with its principal place of business at 1009 Think Place, Morrisville, North Carolina 27560.

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Upon information and belief, Defendant Lenovo (United States) Inc. (Lenovo

US) is a wholly owned subsidiary of Lenovo Group Ltd. and is organized and existing under the laws of the State of Delaware with its principal place of business at 1009 Think Place, Morrisville, North Carolina 27560. 5. Lenovo Holding and Lenovo US are collectively referred to herein as Lenovo.

Apricorn and Lenovo are collectively referred to herein as Defendants. Jurisdiction and Venue 6. Data Locker incorporates by reference and re-alleges the allegations in paragraphs

1 5, above, as if fully set forth herein. 7. This is an action for patent infringement arising under the patent laws, Title 35,

United States Code. 8. This Court has jurisdiction over the subject matter of this action pursuant to the

provisions of 28 U.S.C. 1331 and 1338(a). 9. Venue is proper in this District in accordance with 28 U.S.C. 1391(b), and (c),

and 1400(b). Upon information and belief, Defendants sell various products, including the products complained of herein, throughout the United States and within this District. Count I Patent Infringement (U.S. Patent No. 8,185,709) 10. Data Locker incorporates by reference and re-alleges the allegations in paragraphs

1 5 and 7 9, above, as if fully set forth herein. 11. On May 22, 2012, U.S. Patent No. 8,185,709 (the 709 Patent), entitled

Security System For External Data Storage Apparatus And Control Method Thereof, was duly and legally issued by the United States Patent and Trademark Office. A true and accurate copy of the 709 Patent is attached hereto as Exhibit A.

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Data Locker owns by assignment all right, title, and interest in and to the 709

Patent, including full rights to recover past and future damages thereunder. 13. Data Locker has been marketing and selling in the United States portable secure

hard drive products under the 709 Patent. 14. Upon information and belief, Apricorn has, and is still, directly infringing,

contributorily infringing, and/or inducing infringement of the 709 Patent by making, importing, using, selling, and/or offering for sale throughout the United States, including within this District, one or more lines of portable secure hard drive products including, without limitation, those sold under the name Aegis Padlock. 15. Upon information and belief, Lenovo has, and is still, directly infringing,

contributorily infringing, and/or inducing infringement of, the 709 Patent by making, using, selling, and/or offering for sale throughout the United States, including within this District, one or more lines of portable secure hard drive products including, without limitation, those sold under the name ThinkPad USB Secure Hard Drive. 16. Although Data Locker has provided Defendants with notice of their infringement

of the 709 Patent, Defendants continue to infringe the 709 Patent. 17. Upon information and belief, Defendants have deliberately and willfully infringed

the 709 Patent and will continue to infringe the 709 Patent and Data Locker will be irreparably harmed unless Defendants are enjoined by this Court under 35 U.S.C. 283 from their continuing infringement. 18. As a direct and proximate result of the Defendants infringement of the 709

Patent, Data Locker has been, and is continuing to be, damaged and is entitled to recover damages from Defendants under 35 U.S.C. 284.

WHEREFORE, Data Locker requests that this Court enter a judgment: (a) Preliminarily and permanently enjoining and restraining Defendants, their

officers, directors, agents, dealers, representatives, servants, and employees, and all parties in active concert with Defendants, from directly infringing, contributorily infringing, or inducing infringement of the 709 patent; (b) (c) Finding Defendants infringement of 709 patent to be willful; Granting to Data Locker an award of damages, together with prejudgment

interest, for the damages suffered by Data Locker as a result of infringement by Defendants, and an award trebling said damages as a result of the willful nature of the Defendants infringement in accordance with 35 U.S.C. 284; (d) and (e) require. Jury Demand Data Locker Inc. hereby demands a trial by jury on all the issues so triable in this matter. Granting Data Locker such other and further relief and remedy as justice may Awarding Data Locker its costs and attorneys fees, pursuant to 35 U.S.C. 285;

Respectfully Submitted, Dated: September 24, 2012 s/ Kameron D. Kelly Kameron D. Kelly, KS Bar #19,900 Scott R. Brown, KS Bar #23,395 Matthew B. Walters, KS Bar #23,514 HOVEY WILLIAMS LLP 10801 Mastin Boulevard, Suite 1000 84 Corporate Woods Overland Park, Kansas 66210 T: (913) 647 9050 F: (913) 647 9057 kdk@hoveywilliams.com srb@hoveywilliams.com mbw@hoveywilliams.com ATTORNEYS FOR PLAINTIFF DATA LOCKER INC.