IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.

______________________ RIPPLE RESORT MEDIA, INC., an Indiana corporation, Plaintiff, v. ELDORA ENTERPRISES LLC, a Colorado Limited Liability Company, d/b/a ELDORA MOUNTAIN RESORT Defendant.

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND

Plaintiff Ripple Resort Media, Inc., for its Complaint against Defendant Eldora Enterprises LLC d/b/a Eldora Mountain Resort, alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infringement and for damages under the United States

Patent law 35 U.S.C. 271 et. seq. PARTIES 2. Plaintiff Ripple Resort Media, Inc. (Plaintiff or Ripple) is an Indiana

corporation in good standing with its principal place of business at located at 190 Fiou Lane 2D, Basalt, Colorado, 81621. 3. On information and belief, Defendant Eldora Enterprises LLC d/b/a Eldora

Mountain Resort (Defendant or Eldora) is a Colorado limited liability company with its principal place of business at 2861 Eldora Ski Road #140, Nederland, Colorado, 80466. Defendant Eldora actively conducts business in interstate commerce and in this District and

operates the Eldora Mountain Resort Ski Area. On information and belief, Defendant Eldora may be served with process through its registered agent Richard A. Johnson, 2521 Broadway, Suite A, Boulder, CO 80304. JURISDICTION AND VENUE 4. This Court has exclusive jurisdiction pursuant to 28 U.S.C. 1331 and 1338 in

that the Complaint states an action based upon a federal question relating to patents. This Court has personal jurisdiction over Defendant because Defendant has conducted business and commercial activities in this District. 5. Venue is appropriate in this District pursuant to 28 U.S.C. 1391 (b) and (c) and

28 U.S.C. 1400(b) since the Defendant has committed acts of infringement and conducts business in the State of Colorado and this District. CLAIM FOR PATENT INFRINGEMENT 6. Ripple was founded for the purpose of providing ski resort guests with a

convenient map of the resort while riding the ski lift and creating opportunities for targeted print media on the chair lift cross bars of ski lifts. As a platform to provide such maps and to bring print media messages to the public, Ripple created a module device to attach to ski lifts. Since 2001, Ripple has been providing such print media services to ski resorts in the State of Colorado and other states wishing to market to persons riding on ski lifts. 7. On October 26, 2009, a patent application was filed with the U.S. Patent and

Trademark Office to protect the invention of Matthew Jay entitled MEDIA DISPLAY SYSTEM FOR SKI-LIFT CHAIR; the patent application was assigned Patent Application Serial No. 12/606,087 (the 087 Patent Application). The ownership rights to the invention

disclosed and claimed in the 087 application were assigned by Mr. Jay to Ripple in an assignment recorded with the U.S. Patent and Trademark Office. 8. The 087 Patent Application was duly published by the U.S. Patent and Trademark

Office on February 18, 2010, as Publication No. US 2010-0037500-A1. 9. On January 17, 2012, United States Patent No. 8,096,067 B2 (067 Patent)

entitled MEDIA DISPLAY SYSTEM FOR SKI-LIFT CHAIR issued to Ripple. A copy of the 067 Patent is attached as Exhibit 1 and incorporated. The 067 Patent claims priority through other patents owned by Ripple which were issued several years earlier. 10. Defendant is infringing the 067 Patent, including at least independent claims 1, 5,

6, 12, 18, 21, 23, 26, and 27, in violation of 35 U.S.C. 271(a) by making, importing, using, offering to sell and/or selling infringing products, in the United States and in this Judicial District. More particularly, Defendant uses the following module device carrying print media advertisements on its ski lifts which infringes the 067 Patent:

11.

Defendants infringement of the 067 Patent will cause great damage to Ripple.

The amount of these damages is not yet calculated, but Ripple will incur lost profits and loss of royalties as a direct result of the infringement and is thereby entitled to an award of damages adequate to compensate it for the infringement in an amount that is in no event less than a reasonable royalty pursuant to 35 U.S.C. 284. Ripple is also entitled to recover prejudgment interest, post-judgment interest, costs, and enhanced damages under 35 U.S.C. 284. 12. As a result of Defendants infringement of the 067 Patent, Ripple will suffer

irreparable harm and impairment of the value of its patent rights, will lose the goodwill of its customers, and is now suffering the violation of its patent rights, all of which will continue unless Defendant is permanently enjoined by this Court from infringing the 067 Patent under 35 U.S.C. 283. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: A. B. Finding that the 067 Patent has been infringed by Defendant; Awarding Plaintiff a permanent final injunction against continuing infringement by Defendant, and its parents, subsidiaries, divisions, officers, employees, successors, and assigns, enjoining them from making, using, selling, practicing, or offering to sell the invention of the 067 Patent; C. Awarding Ripple damages adequate to compensate Ripple for the infringement including its lost profits, royalties, attorneys fees, costs, prejudgment interest, and post-judgment interest; and D.
Granting Plaintiff all other legal and equitable relief to which Plaintiff is entitled.

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38, Plaintiff Ripple Resort Media, Inc. demands a trial by jury on all issues so triable.

Date: January 18, 2012 s/Michael G. Martin_________ Michael G. Martin, #14204 LATHROP & GAGE, LLP 950 17th Street, Suite 2400 Denver, Colorado 80202 Telephone: (720) 931-3200 Facsimile: (720) 931-3201 mmartin@lathropgage.com E-mail: Attorneys for Plaintiff Ripple Resort Media, Inc.

ADDRESS OF RIPPLE RESORT MEDIA, INC. P.O. Box 12333 Aspen, Colorado 81612

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