Lynda L. Calderone (LC3604) FLASTER/GREENBERG P.C. 1810 Chapel Ave.

West Cherry Hill, NJ 08002 (856) 661-1900 Fax: (856) 661-1919 lynda.calderone@flastergreenberg.com Attorneys for Plaintiff, Cianfrani Holding, LLC 36 Hillcroft Road, Berlin, NJ 08009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CIANFRANI HOLDING, LLC, Plaintiff, Civil Action No. ________ vs.

XGEN, LLC and X-GEN PRODUCTS Defendants. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Cianfrani Holding, LLC ("Plaintiff" or "CHL") files this complaint for patent infringement against Defendants, XGen, LLC and X-Gen Products ("Defendants") and allege as follows: THE PARTIES 1. CHL is a New Jersey limited liability company having its principal place of

business at 36 Hillcroft Road, Berlin, NJ 08009. CHL regularly engages in business in this judicial district. 2. Upon information and belief, Defendant, XGen, LLC is a Delaware limited

liability company doing business, among other things, as X-Gen Products. Defendant, X-Gen

Products place of business at 1 Pearl Buck Ct., Bristol, PA 19007-6812 and conducts business openly selling products over the Internet through their website, www.xgenproducts.com. 3. Upon information and belief, Defendants sell their products directly from at least

a location in Bristol, PA and regularly transact business as X-Gen Products in the State of New Jersey and in this judicial district by, among other things, selling and offering for sale products in this district, including the Vibe Station directly from their website. At a minimum, Defendants place their products, including the infringing products identified in this Complaint, sold under the names Vibe Station, into the stream of commerce knowing that such products will be sold in this district. 4. CHL is the owner and assignee of U.S. Patent No. 7,993,262 ("the

'262 Patent") entitled, "Stimulatory Device Support Apparatus," which issued August 9, 2011 and U.S. Design Patent D545,444 ("the '444 Patent"), also entitled, "Stimulatory Device Support Apparatus," which issued June 26, 2007. True and correct copies of the '262 Patent and the '444 Patent are attached hereto as Exhibits A and B respectively. 5. CHL sells products in the adult entertainment product area as well as for therapy

use. It manufactures and sells stimulatory device support pillows based on the technology in the '262 and '444 Patents including, without limitation, products under the name The Love Seat. CHL's products are sold through licensed distributors, including Symbio Technology Group, LLC who sells the products through an eBay store, ciciloves, and through the Internet via website, www.ciciloves.com and/or www.howsyourbuddy.com since 2006. CHL has also sold products through a further distributor, XR, LLC in Huntington Beach, CA from January of 2009 through February 2012. JURISDICTION AND VENUE 6. This Court has jurisdiction over the subject matter of this action pursuant to 2

28 U.S.C. 1331 and 1338(a), in that it involves substantial claims arising under the Constitution and under the United States Patent Act, 35 U.S.C. 1 et. seq. 7. This Court has personal jurisdiction over Defendants because, upon information

and belief, Defendants regularly transact business in this district under the name X-Gen Products, and also sells and distributes its Vibe Station products (see Exhibit C) as described herein throughout the United States including in this district. 8. Venue is proper in this Court pursuant to 28 U.S.C. 1391 and 1400(b). COUNT I PATENT INFRINGEMENT 9. The allegations of paragraphs 1-8 above are incorporated by reference as if fully

set forth herein. 10. On June 26, 2007, the '444 Patent, entitled Stimulatory Device Support

Apparatus, and naming Marcus F. Cianfrani as the inventor, was duly and legally issued. A true and accurate copy of the '444 Patent is attached to this Complaint as Exhibit B. 11. On August 9, 2011, the '262 Patent, also entitled "Stimulatory Device Support

Apparatus, and naming Marcus F. Cianfrani as the inventor, was duly and legally issues. A true and accurate copy of the '262 Patent is attached to this Complaint as Exhibit A. 12. Cianfrani Holding, LLC became the owner of all right, title and interest in and to

the 262 Patent by virtue of an Assignment executed March 3, 2006, which Assignment was recorded March 9, 2006 in the Assignment Branch of the United States Patent and Trademark Office (PTO) at Reel 017668, beginning at Frame 0689, which recordation was corrected for a typographical error January 8, 2010 at Reel 023754, beginning at Frame. 0947. 13. Cianfrani Holding, LLC became the owner of all right, title and interest in and to

the '444 Patent by virtue of an Assignment executed July 31, 2006, which assignment was 3

recorded in the Assignment Branch of the PTO at Reel 018150, beginning at Frame 0385 on August 8, 2006, which recordation was corrected for a typographical error July 28, 2010 at Reel 024775, beginning at Frame 0995. 14. The '262 and '444 Patents are valid and enforceable, and maintenance fees on the

'262 Patent have not yet become due. 15. Upon information and belief, Defendants have infringed and continue to infringe,

directly and indirectly, one or more claims of the '262 Patent in the United States and the claim of the '444 Patent, in violation of 35 U.S.C. 271 by (i) manufacturing, having made, using, selling and/or offering for sale, and/or importing a stimulatory device support apparatus that infringes one or more claims of the '262 and the claim of the '444 Patent, and/or (ii) by contributing to and/or inducing the infringement of others by using, selling, and/or offering for sale, and/or importing stimulatory device support apparatus products or components thereof with instructions for manufacture, use, offer for sale and/or importation by others and/or by use of such devices by end users in a manner that the stimulatory device support apparatuses infringe one or more claims of the '262 Patent or the claim of the '444 Patent. Defendants' infringing products include products of Defendants sold under the name Vibe Station (Exhibit C). 16. Defendants' acts of infringement of the 262 Patent and the '444 Patent are

occurring, have occurred in the past, and will continue to occur without the authority or license of CHL unless this Court enjoins Defendants' infringing activities. 17. Defendants have had actual notice of the 262 Patent by reason of a letter sent by

overnight courier with tracking, dated February 2, 2012 from counsel for CHL to Defendants' Vice-President Mr. Andy Green (Exhibit D). A response from the letter came from Defendants' outside General Counsel, Ms. Mary Anne Iuliano in which claims of infringement were denied

without any analysis provided as to why the products did not infringe. The matter was not resolved resulting in the present Complaint. 18. Defendants also have had constructive notice of the Patents by virtue of CHL's

marking of its product's informational sheet, enclosed and sealed in the packaging, with the '444 Patent Number since July of 2007. The '444 Patent Number and the '262 Patent Number are also noted on CHL's website, www.howsyourbuddy.com. The '444 Patent Number has been posted since July of 2007 and the '262 Patent Number has been posted since September of 2011. Thus Defendants are entitled to damages for each respective patent back to the dates of issuance or at least as of July 2007 for the '444 Patent and as of September of 2011 for the '262 Patent. 19. Upon information and belief, Defendants have continued to infringe without

cessation since learning of the '444 and the '262 Patents which represents willful and deliberate conduct on the part of Defendants and without any explanation as to why their products do not infringe the '444 and the '262 Patents. Thus, Defendants' infringing activities after the date of notice and/or after the dates of constructive notice constitute acts of willful patent infringement as of the date of notice of the Patents and of the dates of constructive notice of the Patents, warranting the assessment of increased damages pursuant to 35 U.S.C. 284, and an award of CHL's attorneys fees and costs, as such actions warrant an exceptional case pursuant to 35 U.S.C. 285. 20. On information and belief, Defendants market products that directly compete with

and have competed with CHL's products based on the technology in the '262 Patent and the '444 Patent including, but not limited to, its Love Seat brand directly, through distributors and/or retail dealers, including by competing for sales at trade shows and on various Internet websites in CHL's marketing territory, which is the worldwide adult product market, both at distribution.

Defedants offer the product at approximately 50% of the price that CHL is able to offer at a wholesale level through its distributor, Symbio Technology Group, LLC. 21. In order to remain in business, CHL's distributor has had to drop its price

accordingly to compete, and due to the comparative economies-of-scale, with CHL and its distributors being smaller companies, CHL has lost profits continuously since the introduction of the X-Gen Product. CHL has also lost opportunities to compete at a wholesale-licensing level, in view of the predatory low pricing structure X-Gen has introduced in the market. X-Gen has caused devaluation of CHL's value and CHL has lost profits due to X-Gen's continued willful infringement of CHL's patent rights, and deliberately undercut pricing. Through such activities, Defendants have competed for and misappropriated sales and profits for CHL's product based on the technology in the '262 Patent and the '444 Patent including, the Love Seat product, that would have gone to CHL but for Defendants' infringing product. As a result of the sale and/or distribution of Defendants' infringing product, CHL has lost revenue and profits and also suffered irreparable harm. 22. CHL has been, is being, and will continue to be damaged by Defendants'

infringing activities. CHL's harm resulting from Defendants' infringement includes harm that is irreparable and cannot be remedied in its entirety by the recovery of money damages, and CHL does not have an adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, CHL prays that this Honorable Court issue the following relief: a. That this Court, pursuant to 35 U.S.C. 283, issue a preliminary and permanent injunction enjoining Defendants, their principals, officers, directors, agents, servants, employees, assignees, licensees, related companies and all those persons in active concert or participation 6

with Defendants, from further infringement and/or contribution to or inducement of infringement of the '262 and the '444 Patents; b. That this Court, pursuant to 35 U.S.C. 284, enter judgment including enhanced damages against Defendants for infringement, including lost profits and/or at least reasonable royalties, from as early as June 26, 2007, the date of issuance of the '444 Patent and from as early as August 9, 2011, the date of issuance of the '262 Patent for infringement thereof, and treble damages because of the willful and deliberate nature of such infringement; c. That this Court, pursuant to 35 U.S.C. 285, award CHL its attorneys fees in connection with this action, as this is an exceptional case; d. That this Court award CHL its costs, pre-judgment and post-judgment interest, as well as attorneys fees; and e. That this Court grant such other and further relief to CHL as this Court may deem just and proper. JURY TRIAL DEMAND Pursuant to Fed. R. Civ. P. 38(b), CHL hereby requests a trial by a jury as to all issues triable before a jury in this action. CERTIFICATION PURSUANT TO L. CIV. R. 11.2 I certify that, to the best of my knowledge, this matter is not the subject of any other action pending in any court, or of any pending arbitration or administration proceeding. Respectfully submitted, FLASTER/GREENBERG, P.C. By: /s/ Lynda L. Calderone Lynda L. Calderone, Esq.

DATED: March 21, 2013 7