THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ACES HOLDINGS, LLC Plaintiff,

v. MATTHEWS SPECIALTY VEHICLES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:12-cv-103 COMPLAINT (JURY TRIAL REQUESTED)

Plaintiff ACES Holdings, LLC (ACES), through counsel, hereby brings this action against Defendant Matthews Specialty Vehicles, Inc. (Matthews), and complains of Matthews as follows: PARTIES 1. ACES is a limited liability company organized under the laws of the State

of North Carolina with its principal place of business in Archdale, North Carolina. 2. Upon information and belief, Matthews is a North Carolina corporation

with a place of business at 101 South Swing Road, Greensboro, NC 27401. JURISDICTION AND VENUE 3. This complaint alleges patent infringement under the Patent Act, 35 U.S.C.

101 et. seq. This Court has jurisdiction over these claims under 28 U.S.C. 1331 and 1338. 4. This Court has personal jurisdiction over Defendant pursuant to N.C. Gen.

Stat. 1-75.4 in that Defendant is a North Carolina corporation with operations in this

judicial district and it has engaged in acts of infringement by using, offering for sale, selling, and distribution of infringing products throughout the United States and in this judicial district. 5. Venue is proper in the Middle District of North Carolina pursuant to 28

U.S.C. 1391 and 1400. FACTS RELATING TO ACES 6. ACES is the owner of all rights, title and interest in United States Patent

No. 8,104,814 (814 Patent), entitled, EMERGENCY TREATMENT STATUS AND STRETCHER SYSTEM, which was duly and lawfully issued by the United States Patent and Trademark Office on January 31, 2012. A copy of the 814 Patent is attached as Exhibit A to this Complaint. DEFENDANTS ILLEGAL AND INFRINGING CONDUCT 7. Defendant is a direct competitor of ACES, and was previously provided

actual notice ACESs trademark and patent rights via letter. 8. With knowledge of ACESs intellectual property rights, Defendant has

manufactured, used, offered for sale, and/or sold various emergency vehicles that permit the loading, transportation and unloading of stretchered persons into a transportable emergency response station containing a plurality of vertically stacked stretcher assemblies that infringe the 814 Patent (referred to herein as Infringing Products). 9. Defendant is currently manufacturing, marketing, offering for sale, and

selling its Infringing Products throughout the United States and in this judicial district.

10.

Defendant recently displayed and offered for sale one of its Infringing

Products at a trade show in the form of an emergency vehicle that infringes at least claims 1 through 24 of the 814 Patent. 11. Upon information and belief, the vehicle Defendant recently displayed and

offered for sale at the aforementioned trade show was used, manufactured, and/or completed in this judicial district. COUNT I (Patent Infringement) 12. ACES hereby incorporates by reference, as though fully set forth herein, the

allegations in the paragraphs above. 13. Defendant has made, used, offered for sale and sold in the United States,

without the authorization, consent or permission of ACES, products that that infringe, directly and/or through the doctrine of equivalents, the 814 Patent. 14. Defendant has, and has had, actual knowledge of ACESs rights in and to

the application that became the 814 Patent since at least February of 2009 when Bradley J. Matthews of Matthews was sent a copy of the pending application for the 814 Patent. Thus, Defendants infringing acts have been, and are being taken, with actual knowledge of ACESs intellectual property rights. 15. Upon information and belief, Defendant has actively induced infringement

of the 814 Patent by encouraging its customers and prospective customers, including individuals, municipalities and/or other entities in this judicial district, to purchase, use, offer for sale and/or sell Infringing Products.

16.

Upon information and belief, Defendant has contributorily infringed the

814 Patent by encouraging, directing, and partnering with affiliated entities and/or parent and/or subsidiary corporations to manufacture, distribute, market, offer for sale, and sale products that infringe the 814 Patent. 17. Upon information and belief, the Defendants infringement has been

willful, intentional and deliberate, with knowledge of and in conscious disregard of ACESs intellectual property rights. 18. Defendants infringement of the 814 Patent is causing ACES great damage

and irreparable harm, and ACES has no adequate remedy at law. Unless Defendant stops its infringing activities immediately, ACES will be left no choice but to seek preliminary injunctive relief, and ACES is entitled to preliminary injunction relief. COUNT II (Provisional Patent Royalties Pursuant to 35 U.S.C. 154(d)) 19. The patent application, Serial Number 12/514,525, that matured to the 814

Patent was published on March 4, 2010 at US 2010-0052351 A1 (Published Application). 20. At least one claim of the 814 Patent is substantially identical to a claim in

the Published Application. 21. Defendant was provided actual notice of the Published Application on or

about February 2009.

22.

ACES is entitled to a reasonable royalty for Defendants sales occurring

from the date of publication of the Published Application to the date of the issuance of the 814 Patent. JURY DEMAND ACES requests a trial by jury on all issues so triable. PRAYER FOR RELIEF WHEREFORE, ACES prays to the Court as follows: 1. For judgment in favor of ACES on all counts, including judgment that the

814 Patent is valid and infringed by Defendant, and a ruling that Defendant has willfully infringed the 814 Patent in violation of 35 U.S.C. 271. 2. For preliminary and permanent injunctions enjoining and restraining

Defendant and its parents, subsidiaries, affiliated companies, officers, agents, servants, representatives and employees, and all persons in active concert or participation with them, from: (a) directly, indirectly, or contributorily infringing the 814 Patent, and from inducing, aiding, causing or materially contributing to any such infringement; (b) any importation, manufacture, assembly, advertisement, promotion, offer for sale, sale, purchase, distribution, movement or transfer of, or any other involvement with products that infringe the 814 Patent; and

(c) 3.

otherwise competing unfairly with ACES.

For an order requiring Defendant to: (a) deliver to the Court or to ACES for destruction all (i) vehicles, component parts, advertisements, promotions, software, computer files, and all other things in the custody or under the control of Defendant relating to the Infringing Products; and (ii) all machinery, software, templates, computer files, and all other things in the custody or under the control of Defendant which are used to manufacture Infringing Products; (b) Pay to ACES (i) such damages, as they have sustained as a consequence of Defendants infringement and/or (ii) a reasonable royalty as provided by the Patent Act, including provisional royalty damages pursuant to 35 U.S.C. 154(d); and (iii) prejudgment interest, costs and expenses, including attorneys fees, of this action.

4.

For such other and further relief as this Court may deem just.

Respectfully submitted, this the 31st day of January, 2012. /s/ Robert D. Mason, Jr. Robert D. Mason, Jr. (NC Bar No. 29337) WOMBLE CARLYLE SANDRIDGE & RICE, PLLC One West Fourth Street Winston-Salem, North Carolina 27101 Telephone: (336) 721-3761 Facsimile: (336) 726-9093 rmason@wcsr.com Attorneys for Plaintiff ACES Holding, LLC

WCSR 7114813v3