Ernest D. Buff Ernest D. Buff & Associates, L.L.C.

231 Somerville Road Bedminster, NJ 07921 Tel: (908) 901 0220 Fax: (908) 901 0330 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

PC 50, LLC, Plaintiffs, - against FOX 40 International Inc. Defendants.

CASE NO.: ________________________

COMPLAINT FOR DECLARATORY JUDGMENT OF PATENT INVALIDITY AND NON-INFRINGEMENT

PC 50, LLC alleges by and through its attorneys as follows: THE PARTIES 1. PC 50 is a company organized under the laws of the State of New Jersey, with its

principal place of business at 11 West Main Street, Holmdel, NJ 07733. 2. On information and belief, FOX 40 International Inc. (FOX 40) is a Canadian

corporation organized operating out of 560 Arvin Avenue, Stoney Creek, Ontario L8E 5P1. Based on information and belief, FOX 40 is engaged in the business of manufacturing and selling, inter alia, whistles, safety whistles, whistle attachments, coaching boards, mouthguards and other products, and sells such products via the Internet to customers within the jurisdiction of this Court.

VENUE AND JURISDICTION 3. This is an action seeking a declaratory judgment that PC 50 is not infringing any

valid patent rights owned by FOX 40, including any valid rights in U.S. Pat. No. D462,917 S ("917 Patent"). A copy of the 917 Patent is attached as Exhibit A. This Court has jurisdiction pursuant to 28 U.S.C. 2201 and 2202 (declaratory judgment actions), and 28 U.S.C. 1331 (federal question). 4. Jurisdiction is proper in this Court because this litigation arises under federal law,

the United States Patent Laws, 35 U.S.C. 1 et seq. This Court has jurisdiction over this action under 28 U.S.C. 1331 and 1338(a), providing for federal question jurisdiction of patent infringement actions and exclusive jurisdiction of patent infringement actions in the U.S. District Courts. 5. Personal jurisdiction over FOX 40 is proper under at least the New Jersey long-

arm statute, N.J.R. 4:4-4. This Court has personal jurisdiction over FOX 40 because FOX 40, on information and belief, conducts business in the State of New Jersey and within this district, including the advertising and sale of its products through the Internet to New Jersey residents. 6. An actual case or controversy has arisen between the parties. FOX 40 has

intentionally sent correspondence to PC 50 in this district and has intentionally attempted to interfere with the business of PC 50, a forum resident, by threatening PC 50 with litigation. Specifically, FOX 40 has asserted that PC 50 is making, selling, distributing, and / or helping, assisting, conspiring to make, sell, and/or distribute products which allegedly directly infringe the 917 Patent. 7. Because FOX 40 has availed itself of the privileges of conducting activities in this
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forum, it is now subject to personal jurisdiction in this district. 8. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and / or (c)

because FOX 40 is subject to personal jurisdiction in this district and thus resides in this district, and a substantial part of the alleged events or omissions giving rise to the claim occurred in this district.

FACTUAL ALLEGATIONS AND BACKGROUND 9. PC 50 specializes in the manufacture, design and sale of possession control

whistles having applications in sporting events. 10. PC 50s products include possession control whistles subject of a currently

pending patent application. PC 50s possession control whistle has been developed through extensive research and development and utilizes two raised snap and click buttons that are eye level and color coded for a home and away team at a sport event. The novel button design gives the official a clear view of which team has possession. For several years PC 50 has invested

significant time, financial recourses and efforts in the research and development of its designs and products. 11. On July 26, 2011, FOX 40 sent a letter to PC 50 indicating that FOX 40 believes

that PC 50 is manufacturing and/or selling a whistle which in our opinion infringes on our clients patents, in particular the 917 Patent allegedly owned by FOX 40. A copy of that letter is attached hereto as Exhibit B. 12. The letter further sets forth trademarks allegedly owned by FOX 40, including:

FOX 40, FOX 40 SHOKGUARD, CMG, FOX 40 SONIK, FOX 40 MARINE, FOX 40 SHARX, LASER COACH, FORCE, FOX 40 MICRO, and SUPER FORCE. (Re Exhibit B).
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13.

The letter demanded that PC 50 immediately cease and desist from

manufacturing, offering for sale, advertising, selling or anyway associating yourselves with whistles that allegedly infringe upon FOX 40s intellectual properties. (Re Exhibit B). 14. The letter demanded that in order to avoid legal action PC 50 must immediately

cease and desist from any further advertising, promotion, sale, performing and/or distribution of the PC 50 Whistle and that no later than August 25, 2011 PC 50 deliver upon FOX 40 the following: (a) written confirmation that [PC 50] ceased advertising, promoting, selling, performing and distributing the PC 50 Whistle or the portion, which allegedly infringes FOX 40s intellectual property; (b) a signed written statement of the full names and contact details for each of the parties involved in the PC 50 Whistle; (c) copies of all promotional materials, advertisements, catalogues, web pages, web sites, dealers, suppliers which is associated with the PC 50 Whistle; and (d) a full and complete accounting regarding any and all profits realized from the sale, licensing, performing, distribution, etc. of all or parts of the PC 50 Whistle. (Re Exhibit B). 15. The letter further exacted that if PC 50 did not fully comply with FOX 40s

demands, FOX 40 would seek instructions to immediately commence legal proceedings against [PC 50] and others without further notice. (Re Exhibit B). 16. On August 24, 2011, Ernest D. Buff of Ernest D. Buff & Associates, LLC,

facsimiled and mailed a response letter denying all allegations. 17. As a result of FOX 40s letter to PC 50 and the imminent threat of litigation, there

is a justiciable controversy between the parties as to whether PC 50 is infringing any valid patent rights owned by FOX 40, including whether PC 50s activities infringe any valid claim of the 917 Patent.
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CLAIMS FOR RELIEF REQUEST FOR DECLARATORY JUDGMENT: Invalidity and Non-Infringement of the ornamental design of the 917 Patent 18. Complaint. 19. There is a justiciable controversy between the parties as to whether PC 50 has PC 50 realleges and incorporates into this section the preceding paragraphs of this

unlawfully infringed any claims of the 917 Patent. (Re Exhibit A). 20. PC 50 is entitled to a declaratory judgment that it has not unlawfully infringed the

ornamental design claim of the 917 Patent. 21. There is a justiciable controversy between the parties as to whether the claimed

ornamental design of the 917 Patent is valid. 22. PC 50 is entitled to a declaratory judgment that the allegedly infringed claim of

the 917 Patent is invalid under one or more sections of the Patent Act codified in Section 35 of the United States Code including, but not limited to, 35 U.S.C. 101, 102, 103 and / or 112.

PRAYER FOR RELIEF WHEREFORE, PC 50 respectfully requests the following relief: A. A declaratory judgment that PC 50 has not unlawfully infringed the claim of the 917 Patent; B. A declaratory judgment that the 917 Patent is invalid under one or more of 35 U.S.C. 101, 102, 103 and / or 112; C. A permanent injunction precluding FOX 40 and its officers, agents, servants, employees,
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attorneys, and any other person acting in concert or participation with such persons, from representing or implying that PC 50 has unlawfully infringed or is unlawfully infringing the 917 Patent; D. An award of attorneys fees and costs pursuant to 35 U.S.C. 285, or as permitted by law; and E. For such other further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL PC 50 requests a trial by jury on all issues so triable.

Dated: August 26, 2011

PC 50, LLC By Counsel,

____________________ Ernest D. Buff Ernest D. Buff & Associates, LLC 231 Somerville Road Bedminster, NJ 07921 EBuff@EDBuff.com Tel: (908) 901-0220 Fax: (908) 901-0330 Counsel for Plaintiff