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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

ANGEL GUARD PRODUCTS, INC., Plaintiff, v. SEWELL DEVELOPMENT CORP., Defendant.

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CIVIL ACTION NO.

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Angel Guard Products, Inc. (Angel Guard), through its attorneys, brings this action against Defendant Sewell Development Corp. (Sewell) as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271 et seq. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 2. This Court has personal jurisdiction over Sewell because Sewell is committing

acts of infringement in this District. 3. Venue is proper in this District under 28 U.S.C. 1391(b) and 1400(b). THE PARTIES 4. Angel Guard is a corporation organized and existing under the laws of the

Commonwealth of Massachusetts with a principal place of business in Worcester, Massachusetts. 5. Upon information and belief, Sewell is a corporation organized and existing under

the laws of the State of Utah, having a principal place of business at 3877 N. 200 E, Provo, Utah 84604. 1
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FACTUAL BACKGROUND 6. On March 19, 1999 Carlos Jimenez (Jimenez) filed a patent application directed

to an invention that provided a cover to secure electrical cords to looped carpets. On May 29, 2001, the U.S. Patent and Trademark Office duly and lawfully issued United States Patent No. 6,237,198 (the `198 Patent). 7. Angel Guard and Jimenez executed an exclusive license for the patent on March

1, 2004, which provided Angel Guard with the sole and exclusive right to the Patent. 8. A true and correct copy of the `198 Patent is attached hereto as Exhibit A and is

incorporated by reference. 9. A true and accurate copy of the License Agreement is attached hereto as Exhibit

B and is incorporated by reference. 10. Sewell has been selling a product through its on line distribution business that

infringes the `198 Patent. Specifically, Sewell has offered for sale and sold in this District a product named Carpet Velcro Cable Organizer Part # SW-30222. FIRST CAUSE OF ACTION Direct Infringement of the `198 Patent Under 35 U.S.C. 271(a) 11. Angel Guard realleges and incorporates by reference the allegations set forth in

paragraphs 1 through 10 above. 12. Sewell has directly infringed and continues to directly infringe the `198 Patent by

making, using, importing, offering for sale, and selling products that embody the patented invention, and will continue to do so unless enjoined by this Court.

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13.

As a direct and proximate consequence of Sewells infringement of the `198

Patent, Angel Guard has suffered, and will continue to suffer, substantial damages in an amount not yet ascertained but to be proven at trial. 14. As a result of Sewells infringement, Angel Guard has suffered and will continue

to suffer irreparable injury, for which Angel Guard has no adequate remedy at law. SECOND CAUSE OF ACTION Induced Infringement of the `198 Patent Under 35 U.S.C. 271(b) 15. Angel Guard realleges and incorporates by reference the allegations set forth in

paragraphs 1 through 14 above. 16. Sewell distributes and sells its products in a manner that infringes one or more

claims of the `198 Patent. 17. `198 Patent. 18. 19. Sewells inducement of the `198 Patent has been and continues to be willful. As a direct and proximate consequence of Sewells inducement of infringement of Sewell has actively induced and continues to actively induce infringement of the

the `198 Patent, Angel Guard has suffered, and will continue to suffer, substantial damages in an amount not yet ascertained but to be proven at trial. 20 As a result of Sewells inducement of infringement of the `198 Patent, Angel

Guard has suffered and will continue to suffer irreparable injury, for which Angel Guard has no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Angel Guard respectfully requests the following relief from this Court: A. A finding that Sewel has infringed, directly and/or indirectly, one or more claims

of the `198 Patent in violation of 35 U.S.C. 271(a) and (b); 3


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B.

An injunction pursuant to 35 U.S.C. 283, enjoining Sewell and its officers,

agents, servants, employees, distributors, customers, attorneys and all persons in active concert or participation with them, from any further acts of infringement of the `198 Patent; C. A judgment against Sewell awarding Angel Guard all damages proven at trial,

and in no event less than a reasonable royalty, for infringement of the `198 Patent; D. Trebled damages for Sewells knowing, intentional, and willful infringement of

the `198 Patent pursuant to 35 U.S.C. 284; E. F. An award of interest on the damages awarded in this action; A declaration by the Court that this is an exceptional case and an award to Angel

Guard of its full costs and reasonable attorneys fees pursuant to 35 U.S.C. 285; G. H. An award of costs incurred in this action; and Such other and further relief as the Court deems just and proper. JURY DEMAND Angel Guard hereby demands a trial by jury as to all issues triable before a jury.

ANGEL GUARD PRODUCTS, INC. By its attorneys,

/s/ Louis M. Ciavarra Louis M. Ciavarra (BBO # 546481) BOWDITCH & DEWEY, LLP 311 Main Street, P.O. Box 15156 Worcester, MA 01615-0156 Tel: (508) 926-3408 Fax: (508) 929-3011 email: lciavarra@bowditch.com

Date: April 8, 2013

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