UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Lewis Bolt & Nut Company, Plaintiff, Civ. Action No.

_____________ v. United Steel & Fasteners, Defendant. DEMAND FOR JURY TRIAL

COMPLAINT Plaintiff complains of Defendant and alleges as follows: NATURE OF THIS ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271, 281-285. THE PARTIES 2. Plaintiff Lewis Bolt & Nut Company (Lewis) is a corporation organized and

existing under the laws of the state of Minnesota, and having its corporate, executive and operational headquarters in Minnesota at 700 Twelve Oaks Center Drive, Suite 711, Wayzata MN. 55391. 3. Defendant United Steel & Fasteners ('US&F) upon information and belief is a

corporation organized and existing under the laws of Illinois and located at 1500 Industrial Drive, Itasca, Illinois 60143. JURISDICTION AND VENUE 4. and 1367. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331, 1338(a),

5. 1400(b). 6.

Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c) and

This Court has personal jurisdiction over US&F because US&F has purposefully

directed its activities toward the State of Minnesota. On information and belief, US&F representatives have visited Minnesota for the purpose of conducting business, including but not limited to participating in the Railway Interchange show in Minneapolis in September 2011. Upon information and belief, US&F also sells its products with knowledge that its products will be ultimately be used within the State of Minnesota. FIRST CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,471,140 7. On October 29, 2002, United States Patent No. 6,471,140 (the 140 patent),

entitled Rail Anchoring Spike, was duly and legally issued by the United States Patent and Trademark Office. Lewis owns the 140 patent by assignment. A true and correct copy of the 140 patent is attached as Exhibit A to this Complaint. 8. US&F has been and is directly infringing the 140 patent in this District and

elsewhere under 35 U.S.C. 271(a) by offering to sell and/or selling products that infringe the 140 Patent, including US&Fs Model 1500 Super Spike. 9. Upon information and belief, US&F will continue to infringe the 140 patent

unless and until it is enjoined by this Court. 10. US&F has caused and will continue to cause Lewis injury and damage by

infringing the 140 patent. Lewis will suffer further injury unless and until US&F is enjoined from infringing the 140 patent.

SECOND CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,808,120 11. On October 26, 2004, United States Patent No. 6,808,120 (the 120 patent),

entitled Rail Anchoring Spike, was duly and legally issued by the United States Patent and Trademark Office. Lewis owns the 120 patent by assignment. A true and correct copy of the 120 patent is attached as Exhibit B to this Complaint. 12. US&F has been and is directly infringing the 120 patent in this District and

elsewhere under 35 U.S.C. 271(a) by offering to sell and/or selling products that infringe the 120 Patent, including US&Fs Model 1500 Super Spike. 13. Upon information and belief, US&F will continue to infringe the 120 patent

unless and until it is enjoined by this Court. 14. US&F has caused and will continue to cause Lewis injury and damage by

infringing the 120 patent. Lewis will suffer further injury unless and until US&F is enjoined from infringing the 120 patent. PRAYER FOR RELIEF WHEREFORE, Lewis respectfully requests this Court: (1) (2) To enter judgment that US&F has infringed the 140 and 120 patents; To enter an order preliminarily and permanently enjoining US&F and its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with any of them, from infringing the 140 and 120 patents; (3) To award Lewis damages in amounts sufficient to compensate it for US&Fs infringement of the 140 and 120 patents, together with prejudgment and post judgment interest and costs, pursuant to 35 U.S.C. 284; (4) To award an accounting of all US&Fs infringing sales through final judgment; 3

(5)

To declare this case to be exceptional under 15 U.S.C. 1117(a) and 35 U.S.C. 285 and to award Lewis its attorneys fees, expenses and costs incurred in this action; and

(6)

To award Lewis such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND

Lewis demands a trial by jury on all issues appropriately triable by a jury.

Dated: November 26, 2013

FISH & RICHARDSON P.C.

By: /s/ John C. Adkisson John C. Adkisson (#266358) adkisson@fr.com 3200 RBC Plaza 60 South Sixth Street Minneapolis, MN 55402 Tel: (612) 335-5070 Fax: (612) 288-9696 Attorneys for Plaintiff Lewis Bolt & Nut Company
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