UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) Plaintiff, ) v. ) ) OWEN CLEARY d/b/a WAKEFIELD ) EQUIPMENT, ) ) Defendant.

___________________________________ ) CARDINAL IG COMPANY, COMPLAINT Cardinal IG Company (Cardinal or Plaintiff) brings this Complaint for patent infringement against Owen Cleary, an individual doing business as Wakefield Equipment (Wakefield or Defendant), as outlined below. The Parties 1. Cardinal is a corporation organized and existing under the laws of

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JURY TRIAL DEMANDED

Minnesota and has a principal place of business at 775 Prairie Center Drive #200, Eden Prairie, MN 55344. 2. Upon information and belief, Wakefield has a principal place of business at

26720 Jefferson Court, Cleveland, Ohio 44140. Jurisdiction 3. This action arises under the Patent Laws of the United States, 35 U.S.C. 1

et seq., including 35 U.S.C. 271, 281, 283, 284, and 285.

4.

This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331, 1332(a)(1) and 1338(a). Count I Claim for Patent Infringement of U.S. Patent No. 6,102,206 5. 6. Paragraphs 14 are incorporated into this Count by reference. Cardinal is the owner of the entire right, title, and interest in and to U.S.

Patent No. 6,102,206 (the 206 patent) which duly and legally issued on August 15, 2000. A copy of the 206 patent is attached as Exhibit A. 7. Wakefield makes, uses, sells, and/or offers for sale shipping racks that are

covered by the 206 patent and, by its actions relating to such shipping racks, including the use, sale, offer for sale and/or manufacture thereof, Wakefield has directly infringed and continues to directly infringe the 206 patent and will continue to do so unless enjoined by this Court. The directly infringing shipping racks include, but may not be limited to, the Shipping Racks for IG Units shown at http://wakefieldequipment.com/shipping-racks-for-ig-units-2. 8. Wakefields shipping racks are also a material component of patented

inventions claimed in the 206 patent, are especially made or adapted for use in transporting glass and/or insulated glass (IG) units and are not staple articles or commodities of commerce suitable for substantial non-infringing use. By its actions relating to such products, including the manufacture, use, making available for anothers use, sale, and/or offer for sale thereof, Wakefield has contributorily infringed and continues to contributorily infringe the 206 patent and will continue to do so unless

enjoined by this Court. The contributorily infringing shipping racks include, but may not be limited to, the Shipping Racks for IG Units and the Low-E Shipping Racks. 9. By its actions relating to the sale and offer for sale of shipping racks,

including without limitation those actions relating to the website http://wakefieldequipment.com/shipping-racks-for-ig-units-2 and the Wakefield Equipment 2010/2011 Product Catalog (downloadable from the website http://www.wakefieldequipment.com), Wakefield has also induced the purchasers and users of its shipping racks to infringe and continues to induce the purchasers and users of its shipping racks to infringe the 206 patent and will continue to do so unless enjoined by this Court. 10. Cardinal has been damaged by Wakefields direct and indirect infringement

of the 206 patent and will continue to be damaged in the future unless Wakefield is enjoined from infringing, both directly and indirectly, the 206 patent. 11. Wakefields acts of infringement have been and continue to be willful, as

Wakefield knew or should have known of the 206 patent and that its manufacture, use, making available for anothers use, sale, and/or offer for sale of the accused shipping racks would infringe the 206 patent, but acted despite an objectively high likelihood that such activities would infringe the 206 patent. Prayer for Relief WHEREFORE, Plaintiff respectively demands the following relief: a. a judgment that Defendant has infringed the 206 patent, and that

Defendants infringement was willful;

b.

both preliminary and permanent injunctions enjoining and restraining

Defendant, his officers, directors, agents, servants, employees, attorneys and all others acting under or through him, directly or indirectly, from infringing the 206 patent; c. a judgment and order requiring Defendant to pay all appropriate damages,

including prejudgment and post-judgment interest, under 35 U.S.C. 284, and treble damages if any of the infringement is determined to be willful; d. a judgment and order requiring Defendant to pay the costs of this action,

including all disbursements and attorney fees, if this case is exceptional as provided by 35 U.S.C. 285; and e. such other and further relief as the Court deems just and proper.

Jury Demand Plaintiff hereby demands a trial by jury of all issues so triable.

CARDINAL IG COMPANY By its attorneys,

Dated: January 3, 2012

s/ J. Derek Vandenburgh J. Derek Vandenburgh (#224145) Joseph W. Winkels (#349707) CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.A. 225 South Sixth Street, Suite 3200 Minneapolis, MN 55402 Phone: 612-436-9600 Fax: 612-436-9605 dvandenburgh@ccvl.com jwinkels@ccvl.com