IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

DANNMAR WORLDWIDE, INC., a California corporation, Plaintiff, v. NATIONAL AUTO TOOLS, INC., a Texas corporation, Defendant.

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Case No. 2:14-cv-2005 JURY TRIAL DEMANDED

COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW, Dannmar Worldwide, Inc. (Plaintiff) for its complaint against defendant National Auto Tools (Defendant) and states as follows: THE PARTIES 1. Plaintiff Dannmar Worldwide, Inc. (Dannmar) is a corporation

organized and existing under the laws of the State of California, with its principal place of business located at 646 Flinn Avenue, Moorpark, California 93021. 2. Upon information and belief, Defendant National Auto Tools, Inc.

(NAT) is a for-profit corporation organized and existing under the laws of the State of Texas, with its principal place of business located at 5217 Azle Avenue, Fort Worth, Texas 76114. Upon information and belief, Defendant is in the business of selling products in interstate commerce, including sales in Kansas and in this district.

JURISDICTION AND VENUE 3. This is a patent infringement action brought under the patent laws of the

United States, 35 U.S.C. 1 et seq. 4. The Court may exercise subject matter jurisdiction over the claims set

forth in this complaint pursuant to 28 U.S.C. 1338. 5. The Court may exercise personal jurisdiction over Defendant in this

action on the grounds that, upon information and belief: (a) Defendant has committed acts of patent infringement in the State of Kansas; and (b) Defendant does business in the State of Kansas directly, through distributors and sales channels in Kansas, and by advertising and supporting its products over the internet, including in Kansas, through its website: http://www.nationalautotools.com/index.php?route=common/home. 6. Service of process on Defendant in this action will be effected pursuant

to Fed. R. Civ. P. 4(h). 7. Venue is proper in this district pursuant to 28 U.S.C. 1391(c) and

1400(b), 1391(b) and 1391(c) because Defendant has committed acts of infringement, including but not limited to sales and offers for sale of an infringing device, within this district. FIRST CLAIM FOR RELIEF (Patent Infringement of U. S. Patent No. 8,256,577) 8. On September 4, 2012, U. S. Letters Patent No. 8,256,577 was duly

and legally issued to Jeffrey Scott Kritzer of Moorpark, California for the invention PORTABLE TWO POST AUTOMOBILE LIFT (hereinafter the 577 Patent). (A true and correct copy of the 577 Patent is attached hereto as Exhibit 1.) Mr. Kritzer has assigned all rights, title, and interest in the 577 Patent to Dannmar. By virtue of the -2-

assignment, Dannmar is the owner of the 577 Patent and has the right to recover damages for past and future infringement thereof. 9. Defendant has infringed and continues to infringe the 577 Patent by

making, using, selling, and/or importing products embodying the patented invention, inducing others to make, use, sell, and/or import products embodying the patented invention, and/or by contributing to the manufacture, use, sale, and/or importation of products embodying the patented invention. 10. Defendants infringement of the 577 Patent has caused Plaintiff

monetary harm in an amount to be proved at trial. In addition, unless restrained, Defendants continued infringement of the 577 Patent will cause Plaintiff irreparable harm for which there is no adequate remedy at law. 11. Plaintiffs products embodying the patented invention have properly

been marked with references to the 577 Patent. 12. Upon information and belief, Defendant has known of the 577 Patent,

but has continued to infringe the 577 Patent and thus has knowingly and willfully infringed the 577 Patent in disregard of Plaintiffs rights. Prayer for Relief for First Claim WHEREFORE, Plaintiff prays for: (a) a judgment that Defendant has infringed, directly or indirectly, the 577 Patent;

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(b) an accounting for and an award of damages, including lost profits, resulting from Defendants infringement, and/or reasonable royalties for such infringement pursuant to 35 U.S.C. 284; (c) enhanced damages in accordance with the provisions of 35 U.S.C. 285 as a result of the knowing, wilful, and wanton nature of Defendants infringing conduct; (d) an assessment of interest, both prejudgment and post judgment, on the damages awarded; (e) a finding of this case to be exceptional and an award of attorneys fees incurred by Plaintiff in this action pursuant to 35 U.S.C. 285; (f) a preliminary and permanent injunction against Defendants continued infringement of the 577 Patent; (g) an order directing that all goods in the possession, custody, or control of Defendants that infringe the 917 Patent be delivered up and destroyed within thirty (30) days of entry of judgment; (h) an award of Plaintiffs costs in bringing and prosecuting this action; and (i) such other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a jury trial on all issues.

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DESIGNATION OF PLACE OF TRIAL Plaintiff designates Kansas City, Kansas as the place of trial.

Respectfully submitted, By: /s/ Arthur A. Chaykin James J. Kernell, #19559 Arthur A. Chaykin, #13184 Kent R. Erickson, #14927 ERICKSON KERNELL DERUSSEAU & KLEYPAS, LLC 8900 State Line Road, Suite 500 Leawood, Kansas 66206 Telephone: (913) 549-4700 Facsimile (913) 549-4646 Email: jjk@kcpatentlaw.com aac@kcpatentlaw.com kre@kcpatentlaw.com Attorneys for Plaintiff Dannmar Worldwide, Inc.

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