IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ THE COMFORT COMPANIES, INC.

, An Illinois Corporation

Plaintiff, v.

Case No. ________________ Jury Trial Demanded

ASPEN SEATING LLC, A Colorado Limited Liability Company

Defendant. ______________________________________________________________________________ COMPLAINT ______________________________________________________________________________ The Plaintiff, The Comfort Companies, Inc. by its undersigned attorneys, as and for its complaint against the Defendant, Aspen Seating, LLC, alleges as follows: INTRODUCTION This is an action for patent infringement arising under the patent laws of the United States, 35 U.S.C. 271 and 281, et. seq. THE PARTIES 1. The Plaintiff, The Comfort Companies, Inc. (Comfort or Plaintiff) is an

Illinois corporation with its principal office located at 509 S. 22nd Ave, Bozeman, MT 59718. Comfort is a leading manufacturer of products and accessories for use with wheelchairs. Comforts primary manufacturing facility is located in New Berlin, Wisconsin.

2.

Upon information and belief, the Defendant, Aspen Seating, LLC (Aspen or

Defendant) is a Colorado limited liability company with a principal office located at 4211 S. Natches Ct., Suite G, Sheridan, CO 80110. JURISDICTION AND VENUE 2. This Court has exclusive, original subject matter jurisdiction pursuant to 28

U.S.C. 1331 and 1338(a) because this civil action arises under the Patent Act. 3. This Court has personal jurisdiction over Aspen pursuant to Wisconsin's long-arm

statute, Wis. Stat. 801.05(1)(d), because it is engaged in substantial and not isolated activities within this state, including the active and regular conduct of business in the time period immediately preceding this Complaint. 4. This Court has personal jurisdiction over Aspen because it violated 35 U.S.C.

271 by distributing, selling, or offering for sale a product under the name Java Back (the Java Back or the Infringing Product) that infringes U.S. Patent No. 6,733,074 (the 074 patent) within the Eastern District of Wisconsin. Upon information and belief, since the introduction of the Infringing Product, Aspen has systematically and continuously distributed, sold, or offered for sale the Infringing Product within the Eastern District of Wisconsin. 5. Alternatively, this court has personal jurisdiction over Aspen pursuant to

Wisconsins long-arm statute, Wis. Stat. 801.05(4) because Aspen violated 35 U.S.C. 271 by distributing, selling or offering for sale a product that infringes the 074 patent within the Eastern District of Wisconsin, because Aspen solicits sales of the Infringing Product in the State of Wisconsin and because defendants Infringing Product is used or consumed within the ordinary course of trade in Wisconsin.

6.

Upon information and belief, Defendant employs a manufacturers representative

for the State of Wisconsin. Also upon information and belief, Defendants products, including the Infringing Products, are available in the ordinary course of trade through the following entities, all of which are located in the Eastern District of Wisconsin: AccessAbility Home Medical, Cudahy, WI; Agnesian Health Shoppe, Fond du Lac; WI Green Bay Home Medical, Green Bay, WI; Clement-Zablocki VAMC, Milwaukee, WI; Pewaukee National Seating and Mobility, Pewaukee, WI; and Wauwatosa National Seating & Mobility, Wauwatosa, WI. 7. Venue is proper in this judicial district under 28 U.S.C. 1391(b) because of

Aspens infringing activities in this state, and under 28 U.S.C. 1391(c) because Aspen is subject to personal jurisdiction in this state and has committed acts of infringement in this state. BACKGROUND 8. Plaintiff repeats and realleges the allegations of Paragraphs 1 through 7 above as

if fully set forth herein. 9. Comforts patented technology relates to a support assembly for use with a

wheelchair back. 10. Long-term wheelchair users are prone to developing a condition known as

kyphosis, a front-to-back curvature of the spine. Additionally, long-term wheelchair users may develop a condition known as scoliosis, or sideways curvature of the spine. 11. The 074 patent is directed to a backrest support that employs formable stays that

are tailored for use to a specific individual to both treat and prevent scolios is kyphosis. 12. The 074 patent issued on May 11, 2004. A copy of the 074 patent is attached to

this Complaint as Exhibit A.

13. 074 patent. 14.

Comfort is the owner, by assignment, of all right, title, and interest in and to the

Comfort manufactures and sells products that embody the claims of the 074

patent. Comfort has consistently marked such products with U.S. Patent No. 6,733,074. ASPENS INFRINGING ACTIVITIES 15. Plaintiff repeats and realleges the allegations of Paragraphs 1 through 14 above as

if fully set forth herein. 16. Upon information and belief, Aspen is offering for sale a wheelchair back called

the Java Back that employs the patented technology claimed in the 074 patent. 17. Upon information and belief, the Java Back competes with Comforts patented

wheelchair back. 18. Upon information and belief, Aspen has sold, and continues to sell, the Java back.

A brochure for the Java back available at Aspens website is attached hereto as Exhibit B. 19. 20. Comfort first became aware of the Java Back in Fall of 2011. Comfort has not authorized Aspen to make, use, sell, or offer to sell any product

practicing or embodying any claim of any patent owned by Comfort. FIRST CAUSE OF ACTION Infringement of U.S. Patent No. 6,733,074 21. Plaintiff repeats and realleges the allegations of Paragraphs 1 through 20 above as

if fully set forth herein. 22. Upon information and belief, Aspen is selling or offering to wheelchair backs that

use, practice, embody the invention of, or otherwise infringe at least one of the claims of the 074 patent.

23. and willful. 24.

Upon information and belief, Aspens infringement of the 074 patent is knowing

As a direct and proximate result of Aspens infringement of the 074 patent,

Comfort is suffering irreparable injury and harm, and, unless Aspen is enjoined, Comfort will continue to suffer such irreparable injury and harm, for which Comfort has no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, the Plaintiff, The Comfort Companies, Inc., prays that this Court enter judgment in its favor and against Aspen Seating LLC, granting the following relief: A. B. An order declaring that Aspen has infringed the 074 patent. An award of damages to Comfort, with interest and costs, compensating Comfort for Aspens infringement of the 074 patent. A permanent injunction enjoining Aspen, its officers, partners, employees, agents, parents, subsidiaries, affiliates, attorneys, and any one acting or participating with any of them, from manufacturing, making, selling, offering for sale, importing, distributing, or using any product or method that infringes the 074 patent. An award to Comfort of all other such relief the Court may deem just and equitable. DEMAND FOR A JURY TRIAL Plaintiff, The Comfort Companies, Inc., hereby demands a jury trial as to the above cause of action.

C.

D.

Dated: January 24, 2012

s/ John T. Domaszek John T. Domaszek (WI Bar No. 1045877) Joseph S. Heino (WI Bar No. 1003931) Patrick M. Bergin (WI Bar No. 1037754) Attorneys for The Comfort Companies, Inc. Davis & Kuelthau, s.c. 111 E. Kilbourn Ave. Suite 1400 Milwaukee, WI 53202 6

Direct Contact Information John T. Domaszek 414.225.1406 (Telephone) 414.278.3606 (Facsimile) jdomaszek@dkattorneys.com 414.225.1452 (Telephone) 414.278.3652 (Facsimile) jheino@dkattorneys.com 414.225.7563 (Telephone) 414.278.3763 (Facsimile) pbergin@dkattorneys.com

Joseph S. Heino

Patrick M. Bergin