Christopher B. Sullivan (11053) Jared C. Fields (10115) Snell & Wilmer L.L.P.

15 W South Temple #1200 Salt Lake City, UT 84101-1531 Telephone: (801) 257-1900 Facsimile: (801) 257-1800 Attorneys for Meteoro Amusement Corp. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH METEORO AMUSEMENT CORP., COMPLAINT Plaintiff, v. S&S WORLDWIDE, INC.; and S&S POWER, INC., Defendants. Plaintiff Meteoro Amusement Corporation (Meteoro) hereby alleges as its Complaint against Defendants S&S Worldwide, Inc. (S&S Worldwide) and S&S Power, Inc. (S&S Power) as follows: THE PARTIES 1. Plaintiff Meteoro Amusement Corp. (Meteoro) is a corporation organized and Case No. 1:12-cv-00016-TS Judge Ted Stewart

existing under the laws of the State of New Mexico and having a principal place of business at 170 Buck Road, Lansing, New York 14882. 2. Upon information and belief, Defendant S&S Worldwide is a corporation

organized and existing under the laws of the State of Utah and having offices at 350 West 2500 North, Logan, UT 84341.

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3. .

Upon information and belief, Defendant S&S Power is a corporation organized

and existing under the laws of the State of Utah and having offices at 350 West 2500 North, Logan, UT 84341. JURISDICTION AND VENUE 4. This is an action for patent infringement brought under the patent laws of the

United States, including 35 U.S.C. 271 et seq. Accordingly, this Court has subject matter jurisdiction in this action pursuant to 28 U.S.c. 1331 and 1338(a). 5. This Court has general personal jurisdiction over Defendants because they are

residents of and have committed acts of infringement in the State of Utah. 6. Venue is proper in this District pursuant to 28 U.S.C. 1391 and 1400(b)

because, for example, Defendants maintain their offices in this District. FACTS 7. Meteoro was formed in 1996 by John F. Mares, a roller coaster enthusiast, for the

purposes of developing and commercializing an innovative new roller coaster design having seats that could rotate or spin as the coaster moved along its track that had been conceived by Mr. Mares. Over the next few years, Mr. Mares filed for and obtained a portfolio of U.S. patents protecting various aspects of his roller coaster design ("the Meteoro patents"). 8. For example, on May 14, 2002, United States Patent No. 6,386,115 ("the' '115

patent") entitled "Modularized Amusement Ride and Training Simulation Device" was duly and legally issued by the United States Patent and Trademark Office. Meteoro is the assignee and owner of the entire right, title, and interest to the ' 115 patent. A true and correct copy of the , 115 patent is attached hereto as Exhibit A. 9. On November 12, 2002, United States Patent No. 6,477,961 ("the '961 patent")

entitled "Amusement Ride" was duly and legally issued by the United States Patent and

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Trademark Office. Meteoro is the assignee and owner of the entire right, title, and interest to the '961 patent. A true and correct copy of the '961 patent is attached hereto as Exhibit B. 10. On August 19, 2003, United States Patent No. 6,606,953 ("the '953 patent")

entitled "Amusement Ride" was duly and legally issued by the United States Patent and Trademark Office. The named inventor is John F. Mares. Meteoro is the assignee and owner of the entire right, title, and interest to the '953 patent. A true and correct copy of the '953 patent is attached hereto as Exhibit C. 11. The roller coaster design covered by the Meteoro patents has been commercially

implemented in the United States and throughout the world under license from the Meteoro patents. 12. For example, in January 2002, the patented coaster design was constructed at Six

Flags Magic Mountain in Valencia, California as the "X" coaster (now referred to as "X2"). The "X" coaster was originally manufactured by Arrow Dynamics of Clearfield, Utah ("Arrow"), which filed for bankruptcy in 2002 and was subsequently purchased by Defendant S&S Power. In 2004, after litigation, Six Flags, Inc. obtained a license under the Meteoro patents for the "X" coaster. 13. In 2006, Meteoro's patented coaster design was constructed in Japan at the Fuji-Q Defendants manufactured all or a

Highland amusement park in ("the Eejanaika coaster").

substantial portion of the components for the Eejanaika coaster here in the United States and paid Meteoro for a license under the Meteoro patents for the right to do so. 14. In 2011, another coaster using Meteoro's patented coaster design was unveiled at

Six Flags Magic Mountain in Valencia, California (the "Green Lantern coaster"). The U.S. representative of the builder of Green Lantern coaster, IntaRide LLC of Glen Burnie, Maryland, obtained a license from Meteoro under the Meteoro patents. 15.
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Upon information and belief, Defendants are currently manufacturing in United

States all or a substantial portion of the components for yet another infringing roller coaster to be constructed at the Changzhou China Dinosaur Park in Changzhou, Jiangsu, China, referred to by Defendants as another installment of their "4 th Dimension" coaster design. Upon information and belief, Defendants' latest 4th Dimension coaster, when assembled in China, will include each and every element of at least one claim of one of the Meteoro patents. 16. Despite having been placed on notified by Meteoro that the 4th Dimension coaster

design infringes the Meteoro patent and having previously licensed the Meteoro patents for the right to build other 4th Dimension coasters, Defendants have failed to obtain a license under the Meteoro patents for the 4 th Dimension coaster being constructed in China. 17. activities. 18. Meteoro has been damaged by Defendants' infringing activities. Defendants have profited from and will continue to profit from their infringing

COUNT I Patent Infringement under 35 U.S.C. 271(1)

19. above. 20. Upon information and belief, Defendants have infringed and continue to infringe Meteoro repeats and realleges the allegations contained in paragraphs 1 - 17

at least one claim of at least one of the Meteoro patents by supplying all or a substantial portion of the components of a roller coaster falling within the scope of the Meteoro patents with the intent that such components will be combined outside of the United States in a manner that falls within the scope of at least one claim of one or more of the Meteoro patents. 21. As a result of the Defendants' acts of infringement, Meteoro has suffered and will

continue to suffer damages in an amount to be proven at trial. 22. Defendants had actual notice of the Meteoro patents and Meteoro's claim that the

Defendants' roller coaster design was an infringement of at least one claim of one of the Meteoro
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patents. Nevertheless, Defendants actively offered to sell and sold roller coasters having the infringing design without permission from Meteoro. 23. Upon information and belief, Defendant's infringement of the Meteoro patents

was willful and in complete disregard for Meteoro's patent rights. As a result, this case is an "exceptional" case within the meaning of 35 U.S.C. 285 and Meteoro is entitled treble damages as well as its reasonable costs and attorneys' fees.
DEMAND FOR JURY TRIAL

Meteoro demands a trial by jury for all issues so triable pursuant to Federal Rule of Civil Procedure 38(b).
PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court: A. Enter judgment that Defendants have infringed Plaintiff s rights in the ' 115, ,961,

and/or '953 patents; B. Order Defendants to account for and pay to Plaintiff damages adequate to

compensate for the infringement, but in no event less than a reasonable royalty for the use made of the patented invention by Defendants, together with interest and costs in accordance with 35 U.S.C. 284; C. D.
E.

Enter judgment that Defendants' infringement has been deliberate and willful; Award treble damages pursuant to 35 U.S.C. 284; Enjoin Defendants from offering infringing roller coaster designs for sale in the

United States; F. Award Plaintiff its pre-judgment and post-judgment interest, costs, and attorneys'

fees pursuant to 35 U.S.C. 285; and G. proper.

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Grant Plaintiff such other and further relief as the Court may deem just and

Dated: January 30, 2012

/s/ Christoph . Sullivan Jared C. Fields SNELL & WILMER 15 W South Temple #1200 Salt Lake City, UT 84101-1531 Of Counsel:

George R. McGuire gmcguire@bskcom David L. Nocilly dnocilly@bskcom BOND, SCHOENECK & KING PLLC One Lincoln Center Syracuse, NY 13202 Phone: 315.218.8000 Fax: 315.218.8100

Attorneys for Plaintiff, Meteoro Amusement Corp.

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