IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AMER SPORTS WINTER

& OUTDOOR COMPANY, a Delaware Corporation ) ) ) Plaintiff ) ) v. ) ) ) DRC INTERNATIONAL, LLC, ) A Wisconsin Limited Liability Company ) ) Defendant ) __________________________________________)

Civil Action Number: Judge:

DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT NOW COMES Plaintiff Amer Sports Winter & Outdoor Company (ASWO), by and through its counsel, and for its Complaint against DRC International, LLC (DRC), avers as follows: JURISTDICTION AND VENUE 1. This action arises under the Patent Laws of the United States, 35 U.S.C. 271

and 281, and the laws of Illinois. 2. Jurisdiction over this action is founded upon 28 U.S.C. 1331, 1332 and 1338,

and pendant jurisdiction. 3. Venue is proper under 28 U.S.C. 1391 (a) and (b) and 28 U.S.C. 1400 (b).

DRC sold infringing products in this district, has directed sales and marketing effort towards this district, and routinely conducts business in this district.

THE PARTIES 4. ASWO is a Delaware corporation with its business offices at 2030 Lincoln Ave.,

Ogden, Utah and 8750 W. Bryn Mawr, Chicago, Illinois. 5. On information and belief, DRC is a Wisconsin limited liability company with its

headquarters and principal place of business at 10300 North Enterprise Drive, Mequon, Wisconsin 53092. DRC does business as Dr. Comfort in, inter alia, the State of Illinois and the County of Cook. FACTUAL BACKROUND 6. ASWO is the owner by assignment of U.S. Patent No. D515,800, duly and

lawfully issued on February 28, 2006 (the 800 Patent), describing and claiming the invention entitled FOOTWEAR UPPER PORTION, protecting the design and ornamentation of tandem combination instrument bodies. A true and correct copy of U.S. Patent No. D515,800 is attached hereto as Exhibit 1. A copy of the assignment of the 800 Patent is attached as Exhibit 3. 7. ASWO is the owner by assignment of U.S. Patent No. D451,269, duly and

lawfully issued on December 4, 2001 (the 269 Patent), describing and claiming the invention entitled FOOTWEAR UPPER PORTION, protecting the design and ornamentation of tandem combination instrument bodies. A true and correct copy of U.S. Patent No. D451,269 is attached hereto as Exhibit 3. A copy of the assignment of the 269 Patent is attached as Exhibit 4. 8. ASWO is informed and believes, and thereupon alleges that DRC is selling

footwear that includes the design and ornamentation of, and copies the 800 Patent and/or the 269 Patent. DRC markets its infringing product as the Performance model, which footwear embodies the subject matter claimed in ASWOs design patent referred to above without any license thereunder, and is thereby infringing ASWOs patent.

9.

ASWO is informed and believes, and thereupon alleges that DRC has supplied the

Performance footwear to various distributors, retailers, and retail customers. DRC has actual notice of ASWOs patents. Despite said knowledge, DRC has continued to infringe ASWOs rights. On information and belief, such infringement by DRC has been willful and wanton. FIRST CLAIM FOR RELIEF 10. The allegations of Paragraphs 1 through 9 are re-alleged and incorporated herein

as though fully set forth. 11. 12. This is a claim for patent infringement, arising under 35 U.S.C. 271 and 281. ASWO is the owner by assignment of the 800 Patent, duly and lawfully issued

on February 28, 2006, describing and claiming the invention entitled FOOTWEAR UPPER PORTION, protecting the design and ornamentation of tandem combination instrument bodies. A true and correct copy of the 800 Patent is attached hereto as Exhibit 1. By statute, the patent is presumed to be valid and enforceable under 35 U.S.C. 282. 13. Defendant DRC, by and through its agents employees, servants, predecessors, and

assigns, manufactured, imported and sells or sold, without any rights or license, footwear which falls within the scope and claims of the 800 Patent. 14. ASWO is informed and believes, and thereupon alleges that DRC has willfully

infringed upon ASWOs exclusive rights under said Patent, with full notice and knowledge thereof. Defendant DRC is presently selling such footwear and will continued to do so unless restrained therefrom by this Court, all to the great loss and injury of ASWO. ASWO is informed and believes, and thereupon alleges that DRC has derived and received, and will continue to derive and receive from the aforesaid acts of infringement, gains profits, and advantages in an

amount not presently not known to ASWO. The reason of the aforesaid acts of infringement, ASWO has been, and will continue to be greatly damaged. 15. Defendant DRC will continue to infringe the 800 Patent to the great and

irreparable injury of ASWO, for which ASWO has no adequate remedy at law unless DRC is enjoined by this Court. SECOND CLAIM FOR RELIEF 16. The allegations of Paragraphs 1 through 15 are re-alleged and incorporated herein

as though fully set forth. 17. 18. This is a claim for patent infringement, arising under 35 U.S.C. 271 and 281. ASWO is the owner by assignment of the 269 Patent, duly and lawfully issued

on February 28, 2006, describing and claiming the invention entitled FOOTWEAR UPPER PORTION, protecting the design and ornamentation of tandem combination instrument bodies. A true and correct copy of the 269 Patent is attached hereto as Exhibit 3. By statute, the patent is presumed to be valid and enforceable under 35 U.S.C. 282. 19. Defendant DRC, by and through its agents employees, servants, predecessors, and

assigns, manufactured, imported and sells or sold, without any rights or license, footwear which falls within the scope and claims of the 269 Patent. 20. ASWO is informed and believes, and thereupon alleges that DRC has willfully

infringed upon ASWOs exclusive rights under said Patent, with full notice and knowledge thereof. Defendant DRC is presently selling such footwear and will continued to do so unless restrained therefrom by this Court, all to the great loss and injury of ASWO. ASWO is informed and believes, and thereupon alleges that DRC has derived and received, and will continue to derive and receive from the aforesaid acts of infringement, gains profits, and advantages in an

amount not presently not known to ASWO. The reason of the aforesaid acts of infringement, ASWO has been, and will continue to be greatly damaged. 21. Defendant DRC will continue to infringe the 269 Patent to the great and

irreparable injury of ASWO, for which ASWO has no adequate remedy at law unless DRC is enjoined by this Court. THIRD CLAIM FOR RELIEF 22. The allegations of Paragraphs 1 through 21 are re-alleged and incorporated herein

as though fully set forth. 23. This is a claim for unfair business practices under Illinois Uniform Deceptive

Trade Practices Act, 815 ILCS 510/1 et seq. 24. Defendant DRC, by and through its agents employees, servants, predecessors, and

assigns, manufactures, imports and sells, without any rights or license, footwear that is confusingly similar in overall appearance, design and color to ASWOs Solaris 2 and XA Pro footwear. 25. ASWO is informed and believes, and thereupon alleges that DRC, by and through

its agents employees, servants, predecessors, and assigns, has willfully appropriated the overall appearance of ASWOs footwear, with full notice and knowledge that the DRC footwear is likely to cause confusion and mistake as to the source, origin or sponsorship of their footwear, all to the great damage of ASWO. 26. Defendant DRC is presently selling such infringing footwear, and will continued

to do so unless restrained therefrom by this Court, all to the great loss and injury of ASWO. ASWO is informed and believes, and thereupon alleges that DRC has derived and received, and will continue to derive and receive from the aforesaid acts of infringement, gains profits, and

advantages in an amount not presently not known to ASWO. By reason of the aforesaid acts of infringement, ASWO has been, and will continue to be greatly damaged. 27. Defendant DRC will continue to infringe ASWOs appearance to the great and

irreparable injury of ASWO, for which ASWO has no adequate remedy.

WHEREFORE, Plaintiff Amer Sports Winter & Outdoor Company prays as follows: A. That a judgment be entered that ASWOs U.S. Patent Nos. D515,800 and

D451,269 are valid, in full force and effect, and owned by ASWO; B. That Defendant DRC International, LLC be adjudicated to have infringed

ASWOs U.S. Patent Nos. D515,800 and D451,269 and ASWOs trade dress; C. That DRC, its directors, officers, agents, employees, servants, assigns and

attorneys, and all those persons in active concert or participation with them, be forthwith preliminarily and thereafter permanently enjoined from infringing ASWOs U.S. Patent Nos. D515,800 and D451,269, and from infringing ASWOs trade dress; D. That ASWO be awarded an assessment of damages for Defendants infringement

of U.S. Patent Nos. D515,800 and D451,269, and ASWOs trade dress, together with an award of such damages, including compensatory and punitive damages; E. That ASWO be awarded an assessment of interest against Defendant, together

with an award of such interest; F. footwear; G. That ASWO be awarded its reasonable cost, expenses, and attorneys fees against For an order requiring Defendant to deliver up and destroy all infringing

Defendant; and

H.

That ASWO have such other and further relief that the circumstances of this case

may require and as this Court may deem just and proper.

Dated this 5th day of December, 2011

AMER SPORTS WINTER & OUTDOOR COMPANY

__/S/ Jeffery A. Key_______________ By: One of its Attorneys Jeffery A. Key, Esq. (#6269206) KEY & ASSOCIATES 321 N. Clark St., Suite 500 Chicago, IL 60654 (312) 560-2148

JURY DEMAND Plaintiff ASWO hereby requests a trial by the maximum number of jurors permitted by law. Dated this 5th day of December, 2011 AMER SPORTS WINTER & OUTDOOR COMPANY

__/S/ Jeffery A. Key______________ By: One of its Attorneys Jeffery A. Key, Esq. (#6269206) KEY & ASSOCIATES 321 N. Clark St., Suite 500 Chicago, IL 60654 (312) 560-2148