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2300 WEST SAHARA AVENUE NO. 10, SUITE 1000 LAS VEGAS, NEVADA PHONE (702)873-4100 FAX (702) 873-9966

MATTHEW C. ADDISON, ESQ. Nevada State Bar No. 4201 AMANDA YEN, ESQ., Nevada State Bar No. 9726 MCDONALD CARANO WILSON LLP 2300 W. Sahara Avenue, Suite 1000 Las Vegas, NV 89102 Telephone: 702-873-4100 Facsimile: 702-873-9966 maddison@mcdonaldcarano.com ayen@mcdonaldcarano.com GARY J. RINKERMAN, ESQ. BRIAN A. COLEMAN, ESQ. CHRISTOPHER P. BRUENJES, ESQ. DRINKER BIDDLE & REATH LLP 1500 K Street, N.W., Suite 1100 Washington, D.C. 20005-1209 Telephone: 202-842-8800 Facsimile: 202-842-8465 (pro hac vice motions to be filed) Attorneys for Plaintiff GENFOOT INC. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA GENFOOT INC., a Canadian corporation, Plaintiff, v. ATSCO FOOTWEAR INC., a Massachusetts corporation; and, ATSCO FOOTWEAR LLC, a Massachusetts limited liability company, Defendants. Plaintiff Genfoot, Inc. (Plaintiff) alleges as follows as its Complaint against defendants Atsco Footwear, Inc. and Atsco Footwear, LLC (collectively Defendants): Nature of Action 1. This is an action for patent infringement arising out of Defendants unauthorized COMPLAINT JURY DEMAND Case No.:

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infringement of Plaintiffs federally registered patent for an article of outdoor footwear, namely a boot, to which Plaintiffs proprietary easy-to-use upper closure is integrated. ...

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2300 WEST SAHARA AVENUE NO. 10, SUITE 1000 LAS VEGAS, NEVADA PHONE (702)873-4100 FAX (702) 873-9966

Jurisdiction and Venue 2. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 3. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b).

Defendants offered for sale their infringing goods at one or more trade shows in Las Vegas, Nevada. By way of example, Defendants attended the August 2011 MAGIC Trade Show which took place in Las Vegas, Nevada between August 22, 2011 and August 24, 2011. During the MAGIC show, Defendants displayed and offered for sale various footwear products including boots incorporating the patented closure at issue in this action. Parties 4. Plaintiff Genfoot Inc. is incorporated in Canada, and has a principal place of

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business at 1940 55th Avenue, Lachine, Qubec H8T 3H3. 5. Defendant Atsco Footwear, Inc. is incorporated in Massachusetts, and has a

principal place of business at 500 Bodwell St., Avon, Massachusetts. 6. Defendant Atsco Footwear, LLC is organized and existing under the laws of

Massachusetts, and has a principal place of business at 500 Bodwell St., Avon, Massachusetts. 7. Defendants placed the infringing products at issue into the stream of commerce

through established distribution channels, developed and managed by Defendants, which are expected or should have been expected to result in ultimate sale and distribution within this judicial district, out of which this claim arose. Accordingly, personal jurisdiction lies over the Defendants. Patent Infringement 8. On May 29, 2001, the United States Patent and Trademark Office duly and

legally issued U.S. Patent No. 6,237,252 (the 252 Patent) entitled Boot With Easy-To-Use Upper Closure to Gordon N. Cook. Plaintiff is the owner by assignment of the 252 Patent. A copy of the 252 Patent is attached hereto as Exhibit 1.

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2300 WEST SAHARA AVENUE NO. 10, SUITE 1000 LAS VEGAS, NEVADA PHONE (702)873-4100 FAX (702) 873-9966

9.

On information and belief, Defendants have infringed and continue to infringe

the 252 Patent under 35 U.S.C. 271 by, at least, making, using, selling, importing and/or offering for sale within this judicial district and elsewhere in the United States without authority or license, products covered by the 252 Patent, and in particular, boots that embody each element of at least one of the claims of the 252 Patent. These infringing products include, but may not be limited to, boots marketed with the following model numbers: BC1261, BG1262, and BW1227. 10. More specifically, each of the models identified above infringes at least Claim 1

of the 252 Patent because, on information and belief, each model has, literally and/or by equivalents, each of the elements defined in the claim. 11. On information and belief, Defendants have infringed and continue to infringe

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the 252 Patent under 35 U.S.C. 271 by knowingly and actively inducing others to infringe the 252 Patent and by contributing to the infringement by others. 12. On information and belief, Defendants infringement, inducement of

infringement, and/or contributory infringement of the 252 Patent have been intentional and willful, with full knowledge of the infringement and in total disregard of the rights of Plaintiff. 13. 14. and deliberate. 15. This is an exceptional case within the meaning of 35 U.S.C. 285 meriting an On information and belief, Defendants have actual knowledge of the 252 Patent. Defendants infringement of the 252 Patent has been and continues to be willful

award of attorneys fees. 16. This is an exceptional case meriting an award of treble damages under

35 U.S.C. 284. 17. Plaintiff has been and continues to be irreparably damaged by Defendants acts

of infringement, inducement of infringement, and/or contributory infringement and will continue to be damaged unless such acts are enjoined from further infringement. ... ... 3

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2300 WEST SAHARA AVENUE NO. 10, SUITE 1000 LAS VEGAS, NEVADA PHONE (702)873-4100 FAX (702) 873-9966

Prayer for Relief WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants as follows: 1. That Defendants have infringed, induced infringement, and/or contributed to

infringement of Plaintiffs 252 Patent under 35 U.S.C. 271; 2. 3. That Defendants infringement has been deliberate and willful; That Defendants, their officers, agents, employees, privies, successors, and

assigns, and those acting for or on their behalf, in accordance with 35 U.S.C. 283, be preliminarily and permanently enjoined from further infringement of Plaintiffs 252 Patent; 4. That Defendants account and pay to Plaintiff all damages caused to Plaintiff by

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their patent infringement, and in accordance with 35 U.S.C. 284, that such damages be trebled in view of the deliberate and willful nature of this patent infringement; 5. That Plaintiff be granted its reasonable attorneys fees, in accordance with 35

U.S.C. 285, in view of the willful and deliberate infringement of Plaintiffs 252 Patent; 6. That Plaintiff recover prejudgment and post-judgment interest at the highest

statutory rate on its damages, costs, and attorneys fees, and 7. and proper. ... ... ... ... ... ... ... ... ... ... 4 That Plaintiff be granted such other and further relief as this Court deems just

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2300 WEST SAHARA AVENUE NO. 10, SUITE 1000 LAS VEGAS, NEVADA PHONE (702)873-4100 FAX (702) 873-9966

Jury Demand Plaintiff demands a trial by jury on all of their claims so triable. Respectfully submitted this 2nd day of November, 2011. MCDONALD CARANO WILSON LLP

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LVDOCS-#235850-v1

By:/s/ Amanda C. Yen MATTHEW C. ADDISON, Esq. Nevada State Bar No. 4201 AMANDA C. YEN, Esq. Nevada State Bar No. 9726 2300 West Sahara Ave., Suite 1000 Las Vegas, Nevada 89102 Telephone: 702.873.4100 Facsimile: 702.873.9966 maddison@mcdonaldcarano.com ayen@mcdonaldcarano.com GARY J. RINKERMAN, Esq. BRIAN A. COLEMAN, Esq. CHRISTOPHER P. BRUENJES, Esq. DRINKER BIDDLE & REATH LLP 1500 K Street, N.W., Suite 1100 Washington, D.C. 20005-1209 Telephone: 202-842-8800 Facsimile: 202-842-8465 (pro hac vice motions to be filed) Attorneys for Plaintiff GENFOOT INC.

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