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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN SELECT RETRIEVAL, LLC, Plaintiff v.

v. COLONY BRANDS, INC., THE SWISS COLONY, LLC, MONTGOMERY WARD, INC., HOME VISIONS, INC., SEVENTH AVENUE, INC., MIDNIGHT VELVET, INC., GINNYS, INC., THROUGH THE COUNTRY DOOR, INC., MONROE & MAIN, INC., THE TENDER FILET, INC., ASHRO, INC., RACETEAMGEAR.COM, INC. Defendants.

Civil Action No. 11-CV-769

JURY TRIAL REQUESTED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Select Retrieval, LLC (Select Retrieval or Plaintiff), by way of its Complaint against Defendants Colony Brands, Inc., The Swiss Colony, LLC, Montgomery Ward, Inc., Home Visions, Inc., Seventh Avenue, Inc., Midnight Velvet, Inc., Ginnys, Inc., Through the Country Door, Inc., Monroe & Main, Inc., The Tender Filet, Inc., Ashro, Inc., and RaceTeamGear.com, Inc. (collectively Defendants) hereby alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the Patent Laws of the

United States, 35 U.S.C. 1, et seq.

THE PARTIES 2. Plaintiff Select Retrieval is a limited liability company organized under the laws

of Texas with its principal place of business at 777 Enterprise Drive, Hewitt, Texas 76643. 3. Defendant Colony Brands, Inc. is a corporation organized under the laws of

Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 4. Defendant The Swiss Colony, LLC is a limited liability company organized under

the laws of Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 5. Defendant Montgomery Ward, Inc. is a corporation organized under the laws of

Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 6. Upon information and belief, Defendant Home Visions, Inc. is a corporation

organized under the laws of Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 7. Defendant Seventh Avenue, Inc. is a corporation organized under the laws of

Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 8. Defendant Midnight Velvet, Inc. is a corporation organized under the laws of

Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 9. Defendant Ginnys, Inc. is a corporation organized under the laws of Wisconsin

with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 10. Defendant Through the Country Door, Inc. is a corporation organized under the

laws of Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566.

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Defendant Monroe & Main, Inc. is a corporation organized under the laws of

Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 12. Defendant The Tender Filet, Inc. is a corporation organized under the laws of

Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 13. Defendant Ashro, Inc. is a corporation organized under the laws of Wisconsin

with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. 14. Upon information and belief, Defendant RaceTeamGear.com, Inc. is a

corporation organized under the laws of Wisconsin with its principal place of business at 1112 7th Avenue, Monroe, Wisconsin 53566. JURISDICTION AND VENUE 15. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. This Court has subject matter jurisdiction over the subject matter of this action under 28 U.S.C. 1331 and 1338(a). Venue is proper in this Judicial District under 28 U.S.C. 1391(b) and 1400(b). 16. This Court has personal jurisdiction over Defendants at least because they

conduct business in this Judicial District and have committed acts of direct patent infringement under 35 U.S.C. 271(a) in this Judicial District including, inter alia, importing, making, using, offering for sale and/or selling infringing products and/or selling products using an infringing method, system, medium or instrumentality in this Judicial District. JOINDER 17. 18. Joinder is proper under 35 U.S.C. 299. Joinder is proper and in accordance with 35 U.S.C. 299(a) because Plaintiff is

asserting its right to relief from Defendants unlawful patent infringement against the parties

jointly, severally and/or in the alternative with respect to or arising out of the same series of transactions or occurrences relating to making, using, owning, operating and/or maintaining one or more websites that embody the inventions claimed in the 617 Patent. Joinder is also proper and in accordance with 35 U.S.C. 299(a) because questions of fact related to Defendants unlawful patent infringement and common to all Defendants will arise in this action. Upon information and belief, all of the Defendants have the same principal place of business, are under common private ownership and constitute an Affiliated Company and/or a member of the Defendant Colony Brands, Inc.s Family of Brands (hereinafter Affiliate) as described at http://www.colonybrands.com/brands.html. COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,128,617 19. Select Retrieval repeats and re-alleges the allegations of paragraphs 1 through 18

as if fully set forth herein. 20. On October 3, 2000, United States Patent No. 6,128,617 (hereinafter referred to as

the 617 Patent), entitled DATA DISPLAY SOFTWARE WITH ACTIONS AND LINKS INTEGRATED WITH INFORMATION, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 617 Patent is attached as Exhibit A to this Complaint. 21. Select Retrieval is the assignee and owner of the right, title, and interest in and to

the 617 Patent, including the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it. 22. Upon information and belief, without license or authorization, Defendant Colony

Brands, Inc. is and has been directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not

limited to www.swisscolony.com, www.wards.com, www.homevisions.com, www.seventhavenue.com, www.midnightvelvet.com, www.ginnys.com, www.countrydoor.com, www.monroeandmain.com, www.tenderfilet.com, www.ashro.com, and www.RaceTeamGear.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Defendant Colony Brands, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Colony Brands, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 23. Without license or authorization, Defendant The Swiss Colony, LLC is and has

been directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.swisscolony.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, The Swiss Colony, LLC, has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, The Swiss Colony, LLC has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant The Swiss Colony, LLCs infringement of the 617 Patent has been and continues to be willful and deliberate.

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Without license or authorization, Defendant Montgomery Ward, Inc. is and has

been directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.wards.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Montgomery Ward, Inc. has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Montgomery Ward, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Montgomery Ward, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 25. Without license or authorization, Defendant Home Visions, Inc. is and has been

directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.homevisions.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Home Visions, Inc. has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Defendant Home Visions, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that

it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Home Visions, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 26. Without license or authorization, Defendant Seventh Avenue, Inc. is and has been

directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.seventhavenue.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Seventh Avenue, Inc. has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Defendant Seventh Avenue, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Seventh Avenue, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 27. Without license or authorization, Defendant Midnight Velvet, Inc. is and has been

directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.midnightvelvet.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Midnight Velvet, Inc. has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon

information and belief, Defendant Midnight Velvet, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Midnight Velvet, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 28. Without license or authorization, Defendant Ginnys, Inc. is and has been directly

infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.ginnys.com, that embody the inventions claimed in the 617 Patent. Upon information and belief, Defendant Ginnys, Inc., has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Defendant Ginnys Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Ginnys, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 29. Without license or authorization, Defendant Through the Country Door, Inc. is

and has been directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.countrydoor.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Through

the Country Door, Inc. has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Through the Country Door, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Through the Country Door, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 30. Without license or authorization, Defendant Monroe & Main, Inc. is and has been

directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.monroeandmain.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Monroe & Main, Inc. , has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Defendant Monroe & Main, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Monroe & Main, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 31. Without license or authorization, Defendant The Tender Filet, Inc. is and has been

directly infringing the 617 Patent in the United States at least by making, using, owning,

operating and/or maintaining one or more websites, including but not limited to www.tenderfilet.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, The Tender Filet, Inc., has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, The Tender Filet, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant The Tender Filet, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 32. Without license or authorization, Defendant Ashro, Inc. is and has been directly

infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.Ashro.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant Ashro, Inc., has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Defendant Ashro, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant Ashro, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate.

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33.

Without license or authorization, Defendant RaceTeamGear.com, Inc. is and has

been directly infringing the 617 Patent in the United States at least by making, using, owning, operating and/or maintaining one or more websites, including but not limited to www.RaceTeamGear.com, that embody the inventions claimed in the 617 Patent. Such acts constitute infringement under at least 35 U.S.C. 271(a). Upon information and belief, Defendant RaceTeamGear.com, Inc., has the same principal place of business as, is under common private ownership with and is an Affiliate of Defendant Colony Brands, Inc. Therefore, upon information and belief, Defendant RaceTeamGear.com, Inc. has had knowledge of and/or been aware of the 617 Patent since at least August 29, 2011, when, in a letter sent via first class mail, Select Retrieval informed Colony Brands, Inc. of its infringement of the 617 Patent and requested that it license the 617 Patent in order to mitigate its continued infringement. Upon information and belief, Defendant RaceTeamGear.com, Inc.s infringement of the 617 Patent has been and continues to be willful and deliberate. 34. Select Retrieval has been damaged by Defendants infringing activities. JURY DEMAND 35. Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Select Retrieval

demands a trial by jury on all issues triable as such. PRAYER FOR RELIEF WHEREFORE, Select Retrieval respectfully demands judgment for itself and against Defendants as follows: A. B. An adjudication that Defendants have infringed the 617 patent; An award of damages to be paid by Defendants, jointly and severally, adequate to

compensate Select Retrieval for their past infringement of the '617 Patent and any continuing or

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future infringement through the date such judgment is entered, including interest, costs, and expenses, and for those Defendants listed in paragraphs 19-34, supra, enhanced damages for any willful infringement as justified under 35 U.S.C. 284; C. An accounting of all infringing acts including, but not limited to, those acts not

presented at trial; D. A declaration that this case is exceptional under 35 U.S.C. 285, and an award of

Plaintiff's reasonable attorneys' fees; and E. An award to Select Retrieval of such further relief at law or in equity as the Court

deems just and proper. Dated: November 16, 2011 s/Tara M. Mathison Tara M. Mathison (WI Bar No. 1032821) Attorneys for Plaintiff, Select Retrieval, LLC Davis & Kuelthau, s.c. 111 E. Kilbourn Avenue, Suite 1400 Milwaukee, WI 53202 Telephone: 414.225.1444 Facsimile: 414.278.3644 Email: tmathison@dkattorneys.com

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