UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA

Cold Steel, Inc. Plaintiff, CASE NO. __________________ vs. JUDGE _____________________ RTZ Distribution, LLC d/b/a Hallmark Cutlery Defendant. DEMAND FOR JURY TRIAL

COMPLAINT Plaintiff, Cold Steel, Inc. (Cold Steel or Plaintiff), by and through its attorneys, for its complaint against Defendant, RTZ Distribution, LLC (RTZ), alleges as follows: 1. This action arises under the Patent Laws of the United States, Title 35 of

the United States Code (including, 35 U.S.C. 271, 281, 283, 284 and 285) for infringement of United States Reissue Patent No. RE 43,908 (the 908 reissue patent). PARTIES 2. Cold Steel is a California corporation, having its principle place of

business located at 6060 Nicolle Street, Ventura, CA 93003, with sales and marketing taking place in this judicial district. Further, Cold Steel has a research and development facility (R&D Facility) at 317 Samson Street, New Castle, Pennsylvania 16101, and the inventor, Andrew Demko, is an employee of Cold Steel working at said R&D Facility.

3.

Cold Steel is the owner of the 908 reissue patent entitled Dual Handle

Safety Folding Knife. A true and correct copy of the 908 reissue patent is attached hereto as Exhibit A. 4. Upon information and belief, RTZ is a Tennessee limited liability

corporation doing business as Hallmark Cutlery with its principal place of business at 321 Woods View Circle, Kodak, Tennessee 37764. 5. Upon information and belief, RTZ transacts and conducts business in the

Commonwealth of Pennsylvania and this Judicial District, and throughout the United States, and, by itself or through one or more agents acting under its control and direction, has committed, contributed to and/or induces acts of infringement by selling and offering for sale a dual handle folding knife covered by the 908 reissue patent, and by so doing, is infringing one or more claims of the 908 reissue patent. 6. Cold Steel is suffering damages as a result of RTZs infringing conduct. JURISDICTION AND VENUE 7. The Court has jurisdiction over the subject matter of this action pursuant

to 28 U.S.C. 1338(a). 8. Venue is proper in this Court under 28 U.S.C. 1391(c). COUNT I Patent Infringement 9. 10. On information and belief, RTZ is aware of the 908 reissue patent. RTZ, individually and/or through one or more agents under its direction

and control, has been and is making, importing, selling, offering for sale, and/or using a dual handle folding knife identified as an UZI and having part number ZF0069B

(photographs shown on Exhibit B attached hereto and hereinafter referred to as UZI knife). 11. of its claims. 11. RTZ infringes either directly, through its own actions and/or the actions The UZI knife is covered by said 908 reissue and infringes one or more

of one or more third party agents acting under its direction and/or control, or indirectly, through act of contribution and/or inducement of the infringing acts with knowledge or willful blindness of the existence and infringement of the 908 reissue patent. 12. RTZs activities with respect to the infringement of the 908 reissue patent

have been without the express or implied license of Cold Steel. 13. RTZ continues its infringing activities. Such infringement is willful,

entitling Cold Steel to the recovery of trebled damages pursuant to 35 U.S.C. 284. In addition, this is an exceptional case, justifying an award of attorneys fees and costs to Cold Steel pursuant to 35 U.S.C. 285. 14. RTZs infringement has caused and will continue to cause damage and

irreparable harm to Cold Steel until enjoined by this Court. The amount of damages and harm has not yet been determined, but will be proven at trial. PRAYER FOR RELIEF WHEREFORE, Cold Steel demands the following relief: A. Judgment that RTZ infringed the 908 reissue patent and that the 908

patent is valid and enforceable at law; B. Judgment that RTZ, its agents, owners and officers are preliminarily and

permanently injunction against RTZs direct infringement, contributory infringement,

and/or inducement of infringement of the 908 reissue patent; C. That judgment be entered awarding damages adequate to compensate

Cold Steel for RTZs infringement of the 908 reissue patent, but in no case less than a reasonable royalty for the use made of the invention of by RTZ, together with interest and costs as fixed by the Court; D. That damages be increased up to three times the amount found or

assessed as provided in 35 U.S.C. 284; E. That RTZ be ordered to pay Cold Steels attorneys fees as provided by

35 U.S.C. 285; and F. proper. Such other and further relief as the Court and/or jury may deem just and

DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b) and N.D. Ohio Civ. R. 38.1, Cold Steel demands a jury trial on all issues so triable.

Dated January 28, 2013

/s/Christopher P. Lacich CHRISTOPHER P. LACICH (PA I.D. #65267) ROTH, BLAIR, ROBERTS, STRASFELD & LODGE 100 East Federal Plaza, Suite #600 Youngstown, OH 44503-1893 ( (330)744-5211 7 Fax: (330)744-3184 clacich@Roth-Blair.com Attorney for Plaintiff, Cold Steel, Inc.