UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

ACTUANT CORPORATION, and GB TOOLS AND SUPPLIES, L.L.C., Plaintiffs,

Case No. _________

JURY DEMANDED v. FLIR SYSTEMS, INC., and EXTECH INSTRUMENTS CORPORATION, Defendants.

COMPLAINT

Plaintiffs Actuant Corporation and GB Tools and Supplies, L.L.C., by their attorneys, for their Complaint against Defendants Flir Systems, Inc. and Extech Instruments Corp., allege as follows: NATURE OF THE ACTION 1. This action results from Defendants' infringement of two of Plaintiffs' patents.

The patents at issue cover electronic testing assemblies that include two devices. The first device includes a socket, and the second device includes a mating plug. The plug in the second device is received in the socket in the first device for storage and can be removed from the socket for use. THE PARTIES 2. Plaintiff Actuant Corporation (Actuant) is a Wisconsin Corporation having a

place of business in Menomonee Falls, Wisconsin.

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Plaintiff G.B. Tools and Supplies, L.L.C. (GB Tools) is a Wisconsin Limited

Liability corporation having a place of business in Menomonee Falls, Wisconsin. 4. equipment. 5. Defendant Flir Systems, Inc. (Flir) is an Oregon corporation, with its principal Plaintiffs are in the business of manufacturing and selling electrical test

place of business at 27700A SW Parkway Avenue, Wilsonville, Oregon. 6. Extech Instruments Corporation (Extech) is a Massachusetts corporation,

having a principal place of business at 285 Bear Hill Road, Waltham, Massachusetts. 7. Upon information and belief, Flir and Extech are in the business of, among other

things, selling electrical testing equipment under the name of Extech and perhaps other names. JURISDICTION AND VENUE 8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

1338, with reference to the United States Patent Laws, Title 35 of the United States Code. 9. Flir and Extech make, use, sell or offer for sale electrical test equipment,

themselves and through others, in this judicial district and elsewhere in the United States. 10. This Court has personal jurisdiction over the Defendants under 28 U.S.C. 1400

and Wis. Stat. 801.05. 11. Venue is proper in this Court pursuant to 28 U.S.C. 1391 and 1400.

Count One CLAIM FOR DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,633,282 12. Plaintiffs reallege and incorporate by reference as if fully set forth herein the

allegations contained in paragraphs 1 through 11.

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On December 15, 2009, U.S. Patent No. 7,633,282 (the 282 Patent) entitled

Multi-Scanner Device Having A Detachable Outlet Tester was duly and legally issued. A copy of the 282 Patent is attached as Exhibit A. 14. 15. 16. Actuant is the owner by assignment of the 282 Patent. GB Tools is the exclusive licensee of the 282 Patent. Defendants Flir and Extech have infringed and continue to infringe the 282

Patent by making, using, selling, and offering for sale in the United States, or importing into the United States testing devices that infringe one or more claims of the 282 Patent, specifically claims 1, 6-9, 11 and 12. 17. Defendants have made, used, offered for sale, sold, or imported into the U.S.

Extechs CB10 Model. 18. 19. Patent. 20. Flir and Extech have continued their infringing activities after receiving notice of A brochure depicting the CB10 is attached as Exhibit C. Flir and Extech have been given written notice of their infringement of the 282

the 282 Patent. 21. Flirs and Extechs infringement has been intentional, willful, and in reckless

disregard of Plaintiffs rights. 22. Plaintiffs have been and continue to be damaged by Flirs and Extechs

infringement in an amount to be proven at trial, and are entitled to a recovery of their damages, not are not limited to, lost profits, a reasonable royalty under 35 U.S.C. 284 and damages under 35 U.S.C. 284.

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23.

Flirs and Extechs infringement warrants the assessment if increased damages

pursuant to 35 U.S.C. 284, and an award of attorney fees pursuant to 35 U.S.C. 285. 24. Flirs and Extechs infringement have also caused and continue to cause

irreparable harm to Plaintiffs, entitling them to injunctive relief under 35 U.S.C. 283. Count Two CLAIM FOR DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,928,717 25. Plaintiffs reallege and incorporate by reference as if fully set forth herein the

allegations contained in paragraphs 1 through 24. 26. On April 19, 2011, U.S. Patent No. 7,928,717 (the 717 Patent) entitled Multi-

Scanner Device Having a Detachable Outlet Tester was duly and legally issued. A copy of the 717 Patent is attached as Exhibit B. 27. 28. 29. Actuant is the owner by assignment of the 717 Patent. GB Tools is the exclusive licensee of the 717 Patent. Defendants Flir and Extech have infringed and continue to infringe the

717 Patent by making, using, selling, and offering for sale in the United States, or importing into the United States testing devices that infringe one or more claims of the 717 Patent, specifically claims 1-3 and 5-22. 30. Defendants have made, used, offered for sale, sold, or imported into the U.S.

Extechs CB10 Model. 31. 32. A brochure depicting the CB10 is attached as Exhibit C. Flirs and Extechs infringement has been intentional, willful, and in reckless

disregard of Plaintiffs rights. 33. Plaintiffs have been and continue to be damaged by Flirs and Extechs

infringement in an amount to be proven at trial, and are entitled to a recovery of their damages, -4QB\14532187.2

not are not limited to, lost profits, a reasonable royalty under 35 U.S.C. 284 and damages under 35 U.S.C. 284. 34. Flirs and Extechs infringement warrants the assessment if increased damages

pursuant to 35 U.S.C. 284, and an award of attorney fees pursuant to 35 U.S.C. 285. 35. Flirs and Extechs infringement have also caused and continue to cause

irreparable harm to Plaintiffs, entitling them to injunctive relief under 35 U.S.C. 283. REQUEST FOR RELIEF WHEREFORE, Actuant Corporation and G.B. Tools and Supplies, L.L.C. respectfully request judgment and relief against Flir Systems, Inc. and Extech Instruments Corporation as follows: A. 7,928,717; B. Awarding Plaintiffs damages adequate to compensate them for the infringement Adjudging that the Defendants have infringed U.S. Patent Nos. 7,633,282 and

of their patents; C. Declaring that this is an exceptional case under 35 U.S.C. 285, and for an award

of increase damages, attorney fees, and costs; D. E. Awarding pre-judgment interest on any damage award; Permanently enjoining Flir and Extech, their agents, servants, employees,

successors and assigns, and all others acting in concert with Flir and Extech, from infringing U.S. Patent Nos. 7,633,282 and 7,928,717 and restraining Flir and Extech from making, using, offering to sell or selling the infringing electrical test equipment or substantially similar devices; and F. Granting such other relief as the Court may deem appropriate.

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JURY DEMAND Plaintiffs hereby request a jury trial of all claims and issues triable before a jury.

Dated: October 14, 2011

/s/ Johanna M. Wilbert___________ David R. Cross Wis. Bar #1002866 Johanna M. Wilbert - Wis. Bar #1060853 Attorneys for Plaintiffs QUARLES & BRADY LLP 411 East Wisconsin Avenue, Suite 1040 Milwaukee, WI 53202-4497 Telephone: 414-277-5000 Facsimile: 414-271-3552 E-mail: david.cross@quarles.com

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