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To: scion who wrote (10903)	8/8/2007 6:16:35 AM
From: scion	Respond to of 12518

07/20/2004 1 COMPLAINT 1 summons(es)issued with copy ( Filing fee $150; receipt number 114741), filed by Promotional Containers, Inc.. (Attachments: # 1 Exhibit A# 2 Civil Cover Sheet ca sheet, receipt, summons)(KJR) (Entered: 07/21/2004) --------------------- Doc 1 COMPLAINT PROMOTIONAL CONTAINERS, INC. PLAINTIFF V. AZTEC CONCRETE ACCESSORIES, INC. DEFENDANT Serve: President 13169 Glover Avenue, Suite B Fontana, CA 923 16 1. Plaintiff, Promotional Containers Inc. (hereinafter “Plaintiff ’) is a Nevada corporation with principal offices at Lexington, Kentucky. 2. Defendant, Aztec Concrete Accessories, Inc. (hereinafter “Astec”) is a corporation of the state of California with principal offices at Fontana, California and doing business within this district. 3. This Court has jurisdiction over the parties and over the subject matter of this action under the patent laws of the United States, pursuant to the provisions of section 1338(a) of Title 9, United States Code. Venue properly lies within this judicial district, pursuant to the provisions of sections 1391(b) and (c), and/or 1400(b) of Title 28, United States Code. 4. United States Letters Patent No. 4,942,714 (hereinafter “the ‘714 patent” for an invention entitled “REBAR AND BEAM BOLSTER, SLAB AND BEAM BOLSTER UPPER” was duly and legally issued on July 24, 1990. A copy of the ‘714 patent is attached as Exhibit A. 5. Plaintiff is the present assignee of the ‘714 patent and has the exclusive right to sue for infringement of these patents. 6. Aztec has, prior to the filing of this complaint, infringed claims (1) through (17) of the ‘714 patent by making, using, and selling bolsters embodying the patented invention within the United States. Such acts of infringement will continue unless enjoined by this Court. 7. AZTEC’S infringement of the patent-in-suit has been and continues to be willful and wanton. WHEREFORE, Plaintiff prays for judgment: A. that Aztec Concrete Accessories, Inc. infringed the ‘714 patent; B. permanently enjoining Aztec from infringing the ‘714 patent; C. awarding actual damages pursuant to 35 U.S.C. $284, together with interest and costs for Aztec’s infringement of the ‘714 patent and order that such dmages be incrased up to three times the amount found or assessed; D. awarding Plaintiff reasonable attorney fees; E. trial by jury; and F. granting Plaintiff such further relief as this Court may deem proper. Respectfully submitted, Henry E. Kinser WYATT, TARRANT & COMBS, LLP 250 West Main Street, Suite 1600 Lexington, KY 40507-1746 859.233.2012 and H. Roy Berkenstock WYATT, TARRANT & COMBS, LLP 1715 Aaron Brenner Drive, Suite 800 Memphis, TN 38120-4367 901/937-1000 , BY Henry E. Kinser COUNSEL FOR PLAINTIFF