ORIGINAL COMPLAINT Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

NEXERSYS CORPORATION,
CIVIL ACTION No. 14-384
Plaintiff,

v.
JURY TRIAL DEMANDED
PETE GUSTIN D/B/A VIRTUAL
KNOCKOUT, STDIO1 LLC, and HAIRY
MONSTER STUDIOS, LLC,





Defendants.

ORIGINAL COMPLAINT

Plaintiff, Nexersys Corporation (Nexersys), brings this suit for patent infringement
against Defendants, Pete Gustin d/b/a Virtual Knockout (VKO), Stdio1 (ST1), and Hairy
Monster Studios, LLC (HMS) (VKO, ST1, and HMS are collectively referred to as
Defendants), and alleges as follows:
I. Parties
1. Plaintiff Nexersys is a Delaware corporation having a principal place of business
at 1021 E 7th St., Ste. 100, Austin, Travis County, Texas 78702-3273.
2. On information and belief, Defendant VKO is an individual doing business as
VirtualKockout, having an address at 918 E. Imperial Dr., Hartland, Wisconsin 53029, and may
be served at such address.
3. On information and belief, Defendant ST1 is a Washington state limited liability
company having a principal place of business at 15965 NE 85
th
St., Suite 200, Redmond,
Washington 98052, and may be served through its registered agent for service of process,
Matthew Hefferon at 22543 NE Alder Crest Lane, Redmond, WA 98053.
4. On information and belief, Defendant HMS is a Wisconsin limited liability

ORIGINAL COMPLAINT Page 2
company, having an address at P.O. Box 124, Pewaukee, Wisconsin 53072, and may be served
through its registered agent for service of process, J ohn C. Klotz, 1081 Bending Brae Drive,
Pewaukee, WI 53072-6313.
II. Jurisdiction and Venue
5. This action arises under the patent laws of the United States, Title 35, United
States Code 1, et seq. This Court has exclusive subject matter jurisdiction over this case for
patent infringement under 28 U.S.C. 1331 and 1338(a).
6. The Court has personal jurisdiction over Defendants because, on information and
belief, Defendants offer their products for sale in this District, have transacted and conducted
business in this District, have contracted to supply services or products in this District, and have
committed and/or induced acts of patent infringement in this District, and/or have placed
infringing products into the stream of commerce through established distribution channels with
the expectation that such products will be purchased by residents of this District.
7. Venue is proper in this Court under 28 U.S.C. 1391(b), (c) and (d) and
1400(b).
III. Factual Background
8. Nexersys owns all right, title and interest in United States Letters Patent No.
8,079,938 (the 938 Patent) entitled Boxing and Martial Arts Fight, Trainer, and Game
System and Method, which was duly and legally issued by the United States Patent &
Trademark Office (PTO) on December 20, 2011 after full and fair examination. A copy of the
938 Patent is attached as Exhibit A.
9. Nexersys owns all right, title and interest in United States Letters Patent No.
8,337,366 (the 366 Patent) entitled Interactive System and Method for Boxing and Martial
Arts, which was duly and legally issued by the United States Patent & Trademark Office (PTO)

ORIGINAL COMPLAINT Page 3
on December 25, 2012 after full and fair examination. A copy of the 366 Patent is attached as
Exhibit B. The 938 Patent and the 366 Patent are collectively referred to as the Nexersys
Patents.
10. Defendants are infringing and/or inducing others to infringe by making, using,
offering to sell, and/or selling in the United States, and/or importing into the United States,
products or processes that practice one or more inventions claimed in the Nexersys Patents.
11. Defendants have profited through infringement of the Nexersys Patents. As a
result of Defendants unlawful infringement of the Nexersys Patents, Nexersys has suffered and
will continue to suffer damage. Nexersys is entitled to recover from Defendants the damages
suffered by Nexersys as a result of Defendants unlawful acts.
12. On information and belief, Defendants have known of the Nexersys Patents.
Nexersys notified Defendants of the Nexersys Patents and demanded that Defendants halt
infringing activities.
13. On information and belief, Defendants continue and will continue their unlawful
infringing activity, and Nexersys continues and will continue to suffer irreparable harm, for
which there is no adequate remedy at law, from such unlawful activity unless Defendants are
enjoined by this Court.
IV. Infringement of U.S. Patent No. 8,079,938 (the 938 Patent)
14. Nexersys hereby incorporates and realleges paragraphs 1 through 13 above as
though fully set forth herein.
15. Defendants, by making, using, selling, offering to sell, and/or importing in or into
the United States, without authority, devices under inventions claimed in the 938 Patent, have
directly or indirectly infringed (by contributory infringement and/or inducement of
infringement), and are continuing to infringe, directly or indirectly, the 938 Patent in this district

ORIGINAL COMPLAINT Page 4
and/or otherwise within the United States.
16. Defendants have had knowledge of the 938 Patent, and have not ceased their
infringing activities.
17. Defendants infringement of the 938 Patent has been and continues to be willful
and deliberate.
18. As a direct and proximate consequence of the acts and practices of Defendants in
infringing, directly and/or indirectly, one or more claims of the 938 Patent, Nexersys has been,
is being and, unless such acts and practices are enjoined by this Court, will continue to be injured
in its business and property rights.
19. As a direct and proximate consequence of the acts and practices of Defendants in
infringing, directly and/or indirectly, one or more claims of the 938 Patent, Nexersys has
suffered, is suffering, and will continue to suffer injury and damages for which Nexersys is
entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial.
20. By reason of the infringing acts and practices of Defendants, Defendants have
also caused, are causing and, unless such acts and practices are enjoined by this Court, will
continue to cause immediate and irreparable harm to Nexersys for which there is no adequate
remedy at law, and for which Nexersys is entitled to injunctive relief under 35 U.S.C. 283.
V. Infringement of U.S. Patent No. 8,337,366 (the 366 Patent)
21. Nexersys hereby incorporates and realleges paragraphs 1 through 20 above as
though fully set forth herein.
22. Defendants, by making, using, selling, offering to sell, and/or importing in or into
the United States, without authority, devices under inventions claimed in the 366 Patent, have
directly or indirectly infringed (by contributory infringement and/or inducement of
infringement), and are continuing to infringe, directly or indirectly, the 366 Patent in this district

ORIGINAL COMPLAINT Page 5
and/or otherwise within the United States.
23. Defendants have had knowledge of the 366 Patent, and have not ceased their
infringing activities.
24. Defendants infringement of the 366 Patent has been and continues to be willful
and deliberate.
25. As a direct and proximate consequence of the acts and practices of Defendants in
infringing, directly and/or indirectly, one or more claims of the 366 Patent, Nexersys has been,
is being and, unless such acts and practices are enjoined by this Court, will continue to be injured
in its business and property rights.
26. As a direct and proximate consequence of the acts and practices of Defendants in
infringing, directly and/or indirectly, one or more claims of the 366 Patent, Nexersys has
suffered, is suffering, and will continue to suffer injury and damages for which Nexersys is
entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial.
27. By reason of the infringing acts and practices of Defendants, Defendants have
also caused, are causing and, unless such acts and practices are enjoined by this Court, will
continue to cause immediate and irreparable harm to Nexersys for which there is no adequate
remedy at law, and for which Nexersys is entitled to injunctive relief under 35 U.S.C. 283.
V. Prayer for Relief
Nexersys prays for the following relief against Defendants, jointly and severally:
a. A judgment that Defendants have infringed, directly and indirectly, the 938 Patent;
b. A judgment that Defendants have infringed, directly and indirectly, the 366 Patent;
c. A judgment and order preliminarily and permanently enjoining Defendants, their
employees and agents, and any other person(s) in active concert or participation
with them from infringing, directly or indirectly, the 938 Patent;

ORIGINAL COMPLAINT Page 6
d. A judgment and order preliminarily and permanently enjoining Defendants, their
employees and agents, and any other person(s) in active concert or participation
with them from infringing, directly or indirectly, the 366 Patent;
e. A judgment and order requiring Defendants to pay Nexersys damages under 35
U.S.C. 284, including treble damages for willful infringement as provided by 35
U.S.C. 284, and supplemental damages for any continuing post-verdict
infringement up until entry of the final judgment with an accounting as needed;
f. An award of all costs of this action, including attorneys fees and interest; and
g. Such other and further relief as the Court deems just and equitable.
VI. Demand for Jury Trial

Nexersys hereby demands that all issues be determined by a jury.

Respectfully submitted,

THE LAW FIRM OF H. DALE LANGLEY, J R.,
P.C.


______________________________________
H. Dale Langley, J r.
Texas Bar No.11918100
1803 West Avenue
Austin, TX 78703
Telephone: (512) 477-3830
Fax: (512) 597-4775
ATTORNEYS FOR PLAINTIFF
NEXERSYS CORPORATION