IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO QUIKBLOX TM, INC. Plaintiff, vs.

COLORADO TIME SYSTEMS, LLC and PLAYCORE HOLDINGS, INC. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.

JUDGE:

COMPLAINT FOR PATENT INFRINGEMENT

Defendants.

Request for a Jury Trial

INTRODUCTION Plaintiff Quikblox TM, Inc. (QUIKBLOX), by and through its undersigned counsel, states the following Complaint against Colorado Time Systems, LLC (CTS) and Playcore Holdings, Inc. (Playcore) (collectively, Defendants), based on personal belief and knowledge as to itself and on information and belief as to the conduct of the Defendants, as follows: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 1 et seq., as is more fully set forth below. THE PARTIES 2. QUIKBLOX is a Washington corporation whose principal place of business is located at 200 Via Del Lago, Lakeport, CA 95453. 3. On information and belief, CTS is a Colorado limited liability company whose

principal place of business is located at 1551 East 11th Street, Loveland, CO 80537.

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On information and belief, Playcore is a Virginia corporation whose principal

place of business is located at 401 Chestnut Street, Suite 310, Chattanooga, TN 37402. 5. On information and belief, Playcore acquired CTS on or about July 20, 2012,

resulting in CTS becoming a portfolio company of Playcore. JURISDICTION AND VENUE 6. This Court has original jurisdiction over the subject matter of the patent

infringement action pursuant to 28 U.S.C. 1331 and 1338(a). 7. This Court has personal jurisdiction over each Defendant pursuant to, inter alia,

Ohios long-arm statute, Ohio Rev. Code 2307.382, in that CTS: (1) transacts and/or transacted business in Ohio; (2) contracts and/or contracted to supply services or goods in Ohio; (3) causes and/or caused tortious injury by an act or omission in Ohio; and/or (4) causes and/or caused tortious injury in Ohio by an act or omission outside Ohio and regularly does or solicits business, or engages in other persistent courses of conduct, or derives substantial revenue from goods used or consumed or services rendered in Ohio. Therefore, CTS should reasonably anticipate being hailed into one or more of the courts within the State of Ohio. 8. This Court has personal jurisdiction over each Defendant pursuant to, inter alia,

Ohios long-arm statute, Ohio Rev. Code 2307.382, in that Playcore: (1) transacts and/or transacted business in Ohio; (2) contracts and/or contracted to supply services or goods in Ohio; (3) causes and/or caused tortious injury by an act or omission in Ohio; and/or (4) causes and/or caused tortious injury in Ohio by an act or omission outside Ohio and regularly does or solicits business, or engages in other persistent courses of conduct, or derives substantial revenue from goods used or consumed or services rendered in Ohio. Therefore, Playcore should reasonably anticipate being hailed into one or more of the courts within the State of Ohio.

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Venue in this Court is proper pursuant to 28 U.S.C. 1391 and 1400 because,

due to Defendants selling the offending product in this judicial district, a substantial part of the events giving rise to the claims occurred in this judicial district. BACKGROUND 10. QUIKBLOX is a company which designs, develops, and licenses the manufacture

of competitive swim blocks. 11. The United States Patent and Trademark Office (PTO) duly and legally issued

United States Patent No. 7,193,167 B1 (the '167 Patent) entitled Competitive Swimming Starting System on March 20, 2007. A copy of the '167 Patent is attached hereto as Exhibit A. 12. On May 10, 2011, the 167 Patent was reissued by the PTO as United States

Reissued Patent No. RE 42,339 (the 339 Patent). A copy of the '339 Patent is attached hereto as Exhibit B. 13. The claims of the 339 Patent are substantially identical to the claims of the 167

Patent. In particular, independent claims 1 and 25 of the 167 Patent are identical to independent claims 1 and 25 of the 339 Patent. 14. 15. The 339 Patent is presumed valid pursuant to 35 U.S.C. 282. The 339 Patent teaches, among other things, a swimming block system for

producing faster starts of competitive swimmers, wherein a light on a swim block illuminates to signal the start of the race. 16. By assignment, QUIKBLOX holds all right, interest, and title in and to the 167

and 339 Patents, including the right to sue for infringement and collect past damages under the 167 and 339 Patents, in connection with the manufacturing, marketing, offering for sale, sale, and export of infringing products.

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Defendants manufacture, offer for sale, sell, and/or export lighting systems to

distributors and/or customers, that are covered by one or more claims of the 339 Patent. COUNT I - DIRECT INFRINGEMENT (under 35 U.S.C. 271 (a)) 18. QUIKBLOX adopts and incorporates by reference, as if fully written herein, the

allegations set forth in the foregoing paragraphs of this Complaint. 19. Upon information and belief, Defendants make, or have made for them, a relay judging platform with speedlights (the RJP). A copy of CTS's relay judging platform with speedlights as shown on its website1 is attached hereto as Exhibit C. 20. Upon information and belief, Defendants make, or have made for them, a swim

block system which combines their RJP with a swim block (the Colorado Block). A copy of CTS's Colorado Block as shown on its website2 is attached hereto as Exhibit D. 21. Upon information and belief, Defendants make, or have made for them, a swim

block system which combines their RJP with a Spectrum swim block (the Fusion Block). A copy of the CTS Fusion Block as shown on its website3 is attached hereto as Exhibit E. 22. Upon information and belief, Defendants make, have made, use, sell, offer to sell,

and/or export the RJP (mounted to a swim block), the Colorado Block, and the Fusion Block to distributors and/or customers, so as to directly infringe the 339 Patent. 23. 271(a). 24. Upon information and belief, Defendants have profited and will continue to profit Defendants conduct amounts to direct infringement in violation of 35 U.S.C.

from infringement of the 339 Patent.

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http://www.coloradotime.com/relay-judging-platforms/ http://www.coloradotime.com/colorado-block/ 3 http://www.coloradotime.com/fusion-by-spectrum/

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Defendants direct infringement of the 339 Patent has caused and will continue to

cause QUIKBLOX substantial and irreparable injury, for which QUIKBLOX is entitled to receive injunctive relief and adequate compensatory damages. 26. The Defendants actions with regard to infringement of the 339 Patent are willful

such that QUIKBLOX is entitled to treble damages under 35 U.S.C. 284. 27. The Defendants actions with regard to infringement of the 339 Patent are

exceptional such that QUIKBLOX is entitled to attorney fees under 35 U.S.C. 285. COUNT II INDUCED INFRINGEMENT (under 35 U.S.C. 271 (b)) 28. QUIKBLOX adopts and incorporates by reference, as if fully written herein, the

allegations set forth in the foregoing paragraphs of this Complaint. 29. Upon information and belief, Defendants have knowledge of the 339 Patent, and

the claims of the 339 Patent, through at least receipt by CTS of a cease and desist letter in March of 2007 regarding their infringement of the 167 Patent. A copy of the March 2007 cease and desist letter is attached hereto as Exhibit F. Upon information and belief, Defendants also have knowledge of the 339 Patent by the publication of this patent. 30. Upon information and belief, Defendants have infringed one or more claims of

the 339 Patent by inducing the direct infringement of the 339 Patent by its distributors and/or customers' making, using, offering to sell, selling, and exporting the RJP (mounted to a swim block), the Colorado Block, and/or the Fusion Block in the United States. Defendants acted with knowledge of the 167 and 339 Patents with the intent to encourage infringement by its distributors and/or customers. 31. 271 (b). Defendants conduct amounts to inducement to infringe in violation of 35 U.S.C.

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Upon information and belief, Defendants have profited and will continue to profit

from induced infringement of the 339 Patent. 33. Defendants induced infringement of the 339 Patent has caused and will continue

to cause QUIKBLOX substantial and irreparable injury, for which QUIKBLOX is entitled to receive injunctive relief and adequate compensatory damages. 34. The Defendants actions with regard to induced infringement of the 339 Patent

are willful such that QUIKBLOX is entitled to treble damages under 35 U.S.C. 284. 35. The Defendants actions with regard to induced infringement of the 339 Patent

are exceptional such that QUIKBLOX is entitled to attorney fees under 35 U.S.C. 285. COUNT III - CONTRIBUTORY INFRINGEMENT (under 35 U.S.C. 271 (c)) 36. QUIKBLOX adopts and incorporates by reference, as if fully written herein, the

allegations set forth in the foregoing paragraphs of this Complaint. 37. Upon information and belief, Defendants have knowledge of the 339 Patent, and

the claims of the 339 Patent, and that their RJP is a component specially adapted for the making of the patented system of a swim block having a starting a light, through at least receipt by CTS of the March 2007 cease and desist letter and by the publication of this patent. 38. Upon information and belief, Defendants have infringed one or more claims of

the 339 Patent by contributing to the direct infringement of the 339 Patent by its distributors and/or customers' making, using, offering to sell, selling, and exporting the specially adapted RJP in the United States. Defendants had knowledge that the RJP is specially adapted for use in their unlicensed practicing of the system claimed in the 339 Patent, and with that knowledge they continued in their making, using, offering to sell and selling the RJP.

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Defendants conduct amounts to contributory infringement in violation of 35

U.S.C. 271 (c). 40. Upon information and belief, Defendants have profited and will continue to profit

from contributory infringement of the 339 Patent. 41. Defendants contributory infringement of the 339 Patent has caused and will

continue to cause QUIKBLOX substantial and irreparable injury, for which QUIKBLOX is entitled to receive injunctive relief and adequate compensatory damages. 42. The Defendants actions with regard to contributory infringement of the 339

Patent are willful such that QUIKBLOX is entitled to treble damages under 35 U.S.C. 284. 43. The Defendants actions with regard to contributory infringement of the 339

Patent are exceptional such that QUIKBLOX is entitled to attorney fees under 35 U.S.C. 285.

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PRAYER FOR RELIEF WHEREFORE, by reason of the foregoing, QUIKBLOX requests that this Court enter judgment in its favor and for relief against Defendants, as follows: 1) Enter judgment that Defendants have infringed the 339 Patent under 35 U.S.C. 271(a), (b), and (c); 2) Permanently enjoin Defendants, their employees and agents, and any others acting in concert with Defendants, from any further infringement of the 339 Patent; 3) Award damages, costs, and prejudgment interest to QUIKBLOX under 35 U.S.C. 284 to adequately compensate QUIKBLOX for the infringement that has occurred; 4) Award up to treble damages upon a finding that Defendants infringement has been willful and wanton under 35 U.S.C. 284; 5) Declare this case exceptional and award QUIKBLOX its reasonable attorneys' fees pursuant to 35 U.S.C. 285; and 6) Award QUIKBLOX such other relief as this Court deems just and proper.

Respectfully Submitted,

__/s/ Megan D. Dortenzo______ Megan D. Dortenzo (0079047) Michael P. Sherban (0079950) THOMPSON HINE LLP 3900 Key Center 127 Public Square Cleveland, Ohio 44114 (216) 566-5500 (216) 566-5800 (Facsimile) Megan.Dortenzo@ThompsonHine.com Mike.Sherban@ThompsonHine.com Attorneys for Plaintiff Quikblox TM, Inc.

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