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SEED IP LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE MUSIC Group Services US, Inc., a Washington Corporation, Plaintiff, v. Ion Audio, LLC, a Florida Limited Liability Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

Plaintiff, MUSIC Group Services US, Inc., for its Complaint for Patent Infringement herein, alleges as follows: NATURE OF ACTION 1. This is a civil action for patent infringement that arises under the Patent Laws of

the United States, 35 U.S.C. 101 et seq.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7. equipment. 1400. 4. 2.

THE PARTIES Plaintiff MUSIC Group Services US, Inc. is a Washington Corporation (MG-

US) having its office at 18912 North Creek Parkway Suite 200 Bothell, WA 98011, United States of America. 3. Upon information and belief, Defendant Ion Audio, LLC (Defendant or Ion)

is a Florida corporation having a principal place of business at 866 N.E. 20th Avenue, Fort Lauderdale, Florida 33304. JURISDICTION AND VENUE The Court has subject matter jurisdiction of the federal claim raised herein

pursuant to 28 U.S.C. 1331, 1332, and 1338(a). 5. On information and belief, Defendant is subject to personal jurisdiction in the

Western District of Washington (the District) because Defendant offers their infringing products for sale in this District, and Defendant has placed their infringing products into the stream of commerce through established distribution channels with the knowledge and or understanding that such products are used and sold in this District. On information and belief, Defendant derives revenue from sales of infringing products in this District, which has caused injury to the Plaintiff in this district and elsewhere. In addition, Defendant has induced, and continues to induce, infringement by contracting with others to offer to sell and sell infringing products in this District. 6. Venue of this action is proper in this district pursuant to 28 U.S.C. 1391 and

PLAINTIFF AND ITS RIGHTS

Plaintiff is involved in the business of promoting and marketing audio

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SEED IP LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900

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8.

Plaintiff is the owner of United States Patent No. 8,093,486 (the 486 Patent)

for a Touch Screen Guitar, which issued on January 10, 2012. A copy of the 486 Patent accompanies this Complaint as Exhibit 1. DEFENDANT AND ITS INFRINGEMENT

9.

Defendant is infringing the 486 Patent by making, using, offering to sell or

selling in the United States one or more products under the brand the All-Star Guitar that practice one or more of the inventions claimed in the 486 Patent. 10. Defendant has profited through infringement of the 486 Patent. As a result of

Defendants unlawful infringement, Plaintiff has suffered and will continue to suffer damage. Plaintiff is entitled to recover from Defendant the damages suffered as a result of Defendants acts. 11. On or about January 11, 2012, Plaintiff notified Defendant in writing that

Plaintiffs 486 Patent had issued just the day before, January 10, 2012. Plaintiff provided a copy of the 486 Patent to Defendant. Thus, Defendants infringement of the 486 patent is willful and deliberate, entitling MG-US to enhanced damages and reasonable attorney fees and costs. 12. On information and belief, Defendant intends to continue to manufacture,

market and offer for sale their infringing products, and Plaintiff will continue to suffer damage as a result of Defendants continued unlawful activity unless they are enjoined by this Court. FIRST COUNT PATENT INFRINGEMENT - U.S. PATENT NO. 8,093,486

13.

Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 12 of this Complaint.

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SEED IP LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900

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14.

Plaintiff is the owner of all right, title and interest in the 486 Patent, titled

Touch Screen Guitar, filed on May 18, 2010 and issued by the United States Patent and Trademark Office on January 10, 2012. A copy of the 486 Patent is attached as Exhibit 1. 15. Upon information and belief, Defendant is the producer of the Ion Audio All-

Star Guitar product, a synthetic guitar that can be played using touch sensors on the neck of the guitar and plucking or strumming guitar strings displayed on a touch screen tablet or smartphone device inserted into a receptacle on the accused product. Defendants All-Star Guitar product infringes at least claims 1-3, 10, 11, 14, 18, and 19 of the 486 Patent. 16. Upon information and belief, Defendant has been and is directly infringing or

contributorily infringing or inducing infringement of the 486 Patent by, among other things, making, using, offering for sale, or selling, and contracting with others to make, use, offer for sale and sell, in the United States, the Ion Audio All-Star Guitar. The All-Star Guitar product also lacks any substantial non-infringing use because the product does not work properly without a tablet or smartphone device inserted into the receptacle. 17. Defendant is currently selling and advertising the infringing product All-Star

Guitar on its website www.ionaudio.com as well as through a number of third party retailers both online and in store, such as Amazon.com, Musiciansfriend.com, Tigerdirect.com, Bed Bath & Beyond and others. 18. Defendant has been put on notice of the 486 Patent and its infringement thereof

at least as early as January 11, 2012 when Plaintiff notified Ion Audio in writing of its rights with respect to the 486 Patent. 19. Defendant has actual and constructive knowledge of the 486 Patent. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment:

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SEED IP LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900

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1.

That Defendant, and its respective officers, agents, servants, employees,

attorneys, and all other persons in active concert or participation with any of them, be enjoined and restrained permanently thereafter from all acts that infringe the 486 Patent directly, contributorily, or by inducement, including being enjoined from manufacturing, importing, using, offering for sale and/or selling products, or software that infringe the 486 Patent. 2. That Defendant account for and pay over to Plaintiff damages sustained by

Plaintiff, directly and indirectly, by reason of Defendants patent infringement. 3. That Defendants infringement of the 486 patent be found willful and that treble

damages, together with interest and costs, including attorney fees, be awarded under 35 U.S.C. 284, or as otherwise permitted by law. 4. That Plaintiff be awarded all costs and expenses in this action under 28 U.S.C.

1920 and under Fed. Rules of Civil Procedure 54(d). 5. That the present case be found exceptional and that attorney fees be awarded to

Plaintiff under 35 U.S.C. 285, or as otherwise permitted by law. 6. equitable. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury of all issues in this case. DATED this 7th day of December 2012, Respectfully submitted, SEED IP Law Group PLLC That Plaintiff have such other and further relief as the Court may deem

s/E. Russell Tarleton E. Russell Tarleton, WSBA 17,006 701 Fifth Avenue, Suite 5400 Seattle, Washington 98104-7092 Telephone: (206) 622-4900

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SEED IP LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900

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SEED IP LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WASHINGTON 98104-7092 (206) 622-4900

Attorneys for Plaintiff MUSIC Group IP Ltd.

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