Orville R. Cockings Robert B.

Hander LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP 600 South Avenue West Westfield, NJ 07090-1497 Tel: 908.654.5000 Fax: 908.654.7866 Attorneys for Plaintiff Maverick Industries, Inc. Document Filed Electronically UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MAVERICK INDUSTRIES, INC., : : : : : : : : : x

Civil Action No.

Plaintiff, v. WEBER-STEPHEN PRODUCTS LLC, Defendant.

COMPLAINT AND DEMAND FOR TRIAL BY JURY Plaintiff Maverick Industries, Inc., by way of complaint against defendant Weber-Stephen Products LLC, hereby alleges and avers as follows: NATURE OF THE SUIT This is a suit against Weber-Stephen Products LLC under the United States Patent Laws, 35 U.S.C. 1 et seq. for infringement of United States Patent Nos. 6,811,308 and 7,722,248. PARTIES 1. Plaintiff Maverick Industries, Inc. ("Maverick") is a corporation organized and

existing under the laws of the State of New Jersey, having a principal place of business at 94 Mayfield Avenue, Edison, New Jersey 08837.

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On information and belief, defendant Weber Stephen Products LLC ("Weber") is

a limited liability company organized and existing under the laws of the State of Delaware, having a principal place of business at 200 East Daniels Road, Palatine, Illinois 60067. JURISDICTION AND VENUE 3. This is an action for pecuniary and injunctive relief from acts of the defendant

arising under the patent laws of the United States, 35 U.S.C. 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 4. 5. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b). On information and belief, Weber has done and is doing business in this judicial

district, both generally and with respect to the allegations in this complaint, and Weber has committed one or more acts of patent infringement in this judicial district. FIRST CLAIM FOR RELIEF Infringement of U.S. Patent No. 6,811,308 6. United States Patent No. 6,811,308 ("the '308 Patent"), entitled "Wireless Remote

Cooking Thermometer System," was duly and legally issued by the United States Patent and Trademark Office on November 2, 2004. 7. '308 Patent. 8. Upon information and belief, Weber has been and is manufacturing, advertising, Maverick is the owner of all right, title, and interest in, to, and under the

marketing, selling, offering for sale, or importing, directly or through the use of intermediaries, wireless thermometers that infringe one or more claims of the '308 Patent, including at least the Weber Style 6438 and Weber Style 32908 models. 9. Weber's manufacture, advertisement, marketing, sale, offer for sale, or importing

of wireless thermometers is an infringement of Maverick's statutory rights under the '308 Patent.

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On information and belief, the conduct of defendant Weber, as set forth

hereinabove, has been with full knowledge of the existence of the '308 Patent. 11. The aforesaid acts of Weber were committed willfully, deliberately, knowingly,

and in conscious disregard of Maverick's rights, thus rendering this case exceptional under 35 U.S.C. 285. 12. The aforesaid conduct of Weber has caused Maverick immediate, great and

irreparable injury in its property and business, which will continue unless Weber is restrained from its wrongful acts. 13. Maverick has no adequate remedy at law. SECOND CLAIM FOR RELIEF Infringement of U.S. Patent No. 7,722,248 14. United States Patent No. 7,722,248 ("the '248 Patent"), entitled "Wireless Remote

Cooking Thermometer System," was duly and legally issued by the United States Patent and Trademark Office on May 25, 2010. 15. '248 Patent. 16. Upon information and belief, Weber has been and is manufacturing, advertising, Maverick is the owner of all right, title, and interest in, to, and under the

marketing, selling, offering for sale, or importing, directly or through the use of intermediaries, wireless thermometers that infringe one or more claims of the '248 Patent, including at least the Weber Style 6438 and Weber Style 32908 models. 17. Weber's manufacture, advertisement, marketing, sale, offer for sale, or importing

of wireless thermometers is an infringement of Maverick's statutory rights under the '248 Patent. 18. On information and belief, the conduct of defendant Weber, as set forth

hereinabove, has been with full knowledge of the existence of the '248 Patent.

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The aforesaid acts of Weber were committed willfully, deliberately, knowingly,

and in conscious disregard of Maverick's rights, thus rendering this case exceptional under 35 U.S.C. 285. 20. The aforesaid conduct of Weber has caused Maverick immediate, great and

irreparable injury in its property and business, which will continue unless Weber is restrained from its wrongful acts. 21. Maverick has no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, plaintiff Maverick Industries, Inc. prays for the following relief: A. a judgment and decree that defendant Weber-Stephen Products LLC has infringed

United States Patents Nos. 6,811,308 and 7,722,248; B. An order preliminarily and permanently enjoining defendant Weber-Stephen

Products LLC and its agents, servants, employees, attorneys, successors, and assigns, and all others in active concert or participation with them, from infringing United States Patent Nos. 6,811,308 and 7,722,248; C. an order requiring defendant Weber-Stephen Products LLC to pay to plaintiff

Maverick Industries, Inc. damages in an amount adequate to compensate it for defendant Weber-Stephen Products LLC's infringement of United States Patents Nos. 6,811,308 and 7,722,248, but in no event less than a reasonable royalty; D. an order requiring defendant Weber-Stephen Products LLC to pay Maverick

Industries, Inc. treble the amount of compensatory damages for patent infringement, pursuant to 35 U.S.C. 284; E. an award to Maverick Industries, Inc. of its reasonable attorney fees, costs, and

expenses, including those available under 35 U.S.C. 285;

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an order awarding plaintiff Maverick Industries, Inc. prejudgment and postjudgment

interest on any monetary award in this action; and G. such other and further relief as this Court may deem just and proper.

JURY DEMAND
Plaintiff hereby demands a trial by a jury as to all issues triable of right by a jury. Respectfully submitted, LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Attorneys for Plaintiff Maverick Industries, Inc. Dated: December 30, 2011 By: s/ Orville R. Cockings Orville R. Cockings Robert B. Hander Tel: 908.654.5000 E-mail:ocockings@ldlkm.com rhander@ldlkm.com litigation@ldlkm.com

CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2 The undersigned hereby certifies, pursuant to Local Civil Rule 11.2, that with respect to the matter in controversy herein, plaintiff Maverick Industries, Inc.'s attorneys are not aware of any other action pending in any court, or of any pending arbitration or administrative proceeding, to which this matter is subject. However, the plaintiff is simultaneously filing an additional action in this Court against another defendant. LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Attorneys for Plaintiff Maverick Industries, Inc. Dated: December 30, 2011 By: s/ Orville R. Cockings Orville R. Cockings Robert B. Hander Tel: 908.654.5000 E-mail:ocockings@ldlkm.com rhander@ldlkm.com litigation@ldlkm.com

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