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IN THEUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION HELEN OF TROY LIMITED, a Barbados corporation, Plaintiff, v. SMITH ABRASIVES, INC., a Delaware corporation, Defendant. Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT WITH DEMAND FOR JURY

Plaintiff, Helen of Troy Limited, for its Complaint against Defendant, Smith Abrasives, Inc., states and avers as follows: THE PARTIES 1. Plaintiff is a corporation organized under the laws of Barbados having a principal place of business in St. Michael, Barbados. 2. Plaintiff is the owner, by written assignment, of all right, title and interest in and to U.S. Patent No. 7,694,615 (hereafter the 615 Patent), entitled Slicer, which issued on April 13, 2010 to Dean DiPietro based on an application filed on October 31, 2006. A true and accurate copy of the 615 Patent is attached hereto as Exhibit A.

COMPALINT 1
CIVIL ACTION NO.

RANKIN, HILL & CLARK LLP

38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711

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3.

Upon information and belief, Defendant is a corporation organized under the laws of the state of Delaware having a principal place of business at 747 Mid-America Blvd., Hot Springs, Arkansas 71913. JURISDICTION AND VENUE

4.

This is an action for patent infringement arising under the Patent Act, 35 U.S.C. 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338.

5.

This Court may exercise personal jurisdiction over Defendant because Defendants contacts with the State of Ohio satisfy due process. Defendant has caused tortious injury in this judicial District by acts both within and outside the District, and regularly solicits business in this District or derives revenue from sales of goods including infringing goods in the District, or otherwise has engaged in a persistent course of conduct in this District. More particularly, Defendant advertises, offers for sale and sells food preparation products on an interactive website www.edgewareproducts.com, which is maintained by Defendant. One of the food preparation products offered for sale on that website is a slicer, specifically the Mandoline Slicer (Edgeware Model 50015) (hereafter Mandoline Slicer). The Mandoline Slicer offered for sale and sold by Defendant in this judicial District infringes one or more claims of the 615 Patent.

6.

Because Defendant has availed itself of the privileges of conducting business and other related activities in this forum, it is now subject to personal jurisdiction in this judicial District.

7.

Venue is proper in this judicial District under 28 U.S.C. 1391(b)(2) and (c) and 1400(b). FACTUAL ALLEGATIONS AND BACKGROUND

8.

Plaintiff incorporates by reference the allegations and statements contained in paragraphs 1 through 7 as if fully set forth herein.

9.

Plaintiff through its affiliates has established a leadership position in consumer products, including but not limited to food preparation products, through new product innovation, superior product quality and competitive pricing. These

COMPLAINT 2
CIVIL ACTION NO

RANKIN, HILL & CLARK LLP

38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711

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consumer products are sold primarily through mass merchandisers, drug store chains, warehouse clubs and grocery stores. One of the innovative products sold under Plaintiffs owned brand OXO is a mandoline slicer. The mandoline slicer sold in the United States under Plaintiffs OXO brand embodies the invention described and claimed in the 615 Patent. 10. Upon information and belief, Defendant purports to engage in the design and manufacture of household products. Defendant imports, promotes, sells and/or distributes one or more of these household products in the United States under the brand Edgeware. One of the Edgeware branded household products is the Mandoline Slicer. 11. Defendant has knowledge of the 615 Patent. Upon information and belief,

Defendant listed EP 1918078 in an Information Disclosure Statement filed on August 13, 2010 with the United States Patent and Trademark Office during the prosecution of a patent application directed to the Mandoline Slicer and assigned to Defendant. EP 1918078 is the foreign equivalent of the 615 Patent and claims priority to the patent application that issued as the 615 Patent. 12. On June 8, 2011, Plaintiff sent a letter to the CEO of Defendant addressing its concerns relating to the sale of the Mandoline Slicer by Defendant and enclosed a copy of the 615 Patent for review. Attached hereto as Exhibit B is a true and accurate copy of this letter. Defendant failed to appropriately respond to

Plaintiffs correspondence. Despite this knowledge, and upon information and belief, Defendant continues to design, manufacture, offer to sell, and/or sell its Mandoline Slicer embodying the invention of the 615 Patent in this judicial District and throughout the United States. CAUSE OF ACTION FOR PATENT INFRINGEMENT 13. Plaintiff incorporates by reference the allegations and statements contained in paragraphs 1 through 12 as if fully set forth herein. 14. The 615 Patent was duly and legally issued by the United States Patent and Trademark Office on April 13, 2010, after full and fair examination.

COMPLAINT 3
CIVIL ACTION NO

RANKIN, HILL & CLARK LLP

38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711

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15.

Plaintiff is the owner by assignment of all right, title and interest in and to the 615 Patent. By virtue of its ownership of the 615 Patent and pursuant to the terms of the assignment instrument, Plaintiff has the right to sue for infringement of the 615 Patent and to recover damages for infringement of the 615 Patent.

16.

Plaintiff is informed and believes, and on that basis alleges, that Defendant has infringed the 615 Patent in violation 35 U.S.C. 271 by making, using, offering for sale, or selling in the United States, or importing into the United States, its Mandoline Slicer which infringes one or more of the claims of the 615 Patent, including but not limited to claims 1 and 12, both within and outside this judicial District, without authority to do so.

17.

More particularly, upon information and belief, Defendants Mandoline Slicer offered for sale and sold in this judicial District is a food slicer for slicing food advanced in a cutting direction. The Mandoline Slicer comprises a blade for cutting food to form a slice, the blade substantially defining a plane and having a blade edge facing opposite the cutting direction. The Mandoline Slicer comprises a landing on which the blade is located, the landing receiving food thereon after it passes by the blade. The Mandoline Slicer comprises a runway for supporting food thereon prior to and as the food passes by the blade. The Mandoline Slicer comprises a rotatable adjustment mechanism adapted for coupling to the runway and the landing for simultaneously moving the runway and landing to adjust a vertical offset between the blade edge and the runway to select a thickness of the food slice. The rotatable adjustment mechanism pivotally adjusts the runway and landing relative to the frame and relative to each other.

18.

Upon information and belief, Defendants infringement has been and continues to be willful.

19.

Upon information and belief, Defendant will continue to infringe and willfully infringe the 615 Patent, causing immediate and irreparable harm to Plaintiff, and Plaintiff will continue to be irreparably harmed by Defendants infringement unless this Court enjoins and restrains Defendant from continuing its infringement.

COMPLAINT 4
CIVIL ACTION NO

RANKIN, HILL & CLARK LLP

38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711

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20.

Upon information and belief, the infringement by Defendant has and will continue to deprive Plaintiff and/or its affiliates of sales, profits, and other related revenue which Plaintiff would have made or would enjoy in the future, and will cause Plaintiff added injury and damage, including loss of sales, profits, and other related revenue in the future, unless Defendant is enjoined and restrained from infringing the 615 Patent. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the entry of judgment in its favor from this Court as follows: (a) (b) (c) (d) that the '615 Patent is valid and enforceable; that Defendant has infringed the '615 Patent; that Defendants infringement has been willful; that a permanent injunction be entered against Defendant enjoining Defendant, its officers, directors, agents, employees, subsidiaries, successors, assigns, and all persons acting in privity or in concert with Defendant from infringing or inducing the infringement of the '615 Patent; (e) that Plaintiff be awarded damages adequate to compensate for Defendants infringement pursuant to 35 U.S.C. 284; (f) that Plaintiff be awarded prejudgment and post-judgment interest on the damages awarded for Defendants infringement of the 615 Patent; (g) that Plaintiff's damages be enhanced pursuant to 35 U.S.C. 284 as a result of Defendants willful infringement; (h) that Defendants' infringement has been such as to render this action exceptional, and Plaintiff thereby be awarded reasonable attorneys fees pursuant to 35 U.S.C. 285; and (i) that Plaintiff be awarded such other and further relief as this Court deems just and proper.

COMPLAINT 5
CIVIL ACTION NO

RANKIN, HILL & CLARK LLP

38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711

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REQUEST FOR JURY TRIAL Plaintiff hereby makes demand for a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure as to all issues of this lawsuit.

RESPECTFULLY SUBMITTED this 12th day of September, 2011. RANKIN, HILL & CLARK LLP s/ Randolph E. Digges, III Randolph E. Digges, III (OH# 0059298) Email: digges@rankinhill.com Robert A. Sidoti (OH# 0069700) Email: sidoti@rankinhill.com. Jonathan A. Withrow (OH# 0074752) Email: withrow@rankinhill.com 38210 Glenn Avenue Willoughby, OH 44094 Tel: (216) 566-9700 Fax: (216) 566-9711 Attorneys for Helen of Troy Limited

COMPLAINT 6
CIVIL ACTION NO

RANKIN, HILL & CLARK LLP

38210 Glenn Avenue Willoughby, OH 44094 Phone: 216.566.9700 Fax: 216.566.9711