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Civil Action No.


Plaintiff Whelen Engineering Company, Inc. (Plaintiff), for its patent infringement complaint against Defendants Code 3, Inc. (Code 3) and Public Safety Equipment, Inc. (PSE), states as follows: I. PARTIES, JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the patent laws of the United

States, Title 35 U.S.C. 1 et seq. 2. Plaintiff is a corporation organized and existing under the laws of the State of

Connecticut with a principal place of business in Chester, Connecticut. 3. Upon information and belief, Code 3 is a corporation organized and existing under the

laws of the State of Missouri with a principal place of business in St. Louis, Missouri. 4. Upon information and belief, PSE is a corporation organized and existing under the

laws of the State of Missouri with a place of business in St. Louis, Missouri.

5. 1338(a). 6.

Subject matter jurisdiction is conferred upon this Court by 28 U.S.C. 1331 and

Personal jurisdiction exists generally over Defendants because Defendants have

sufficient minimum contacts with this forum as a result of business conducted in the State of Connecticut. Defendants have sold and continue to sell their infringing products in the District of Connecticut. 7. II. Venue is proper in this District under 28 U.S.C. 1391 and 1400(b).

PATENT INFRINGEMENT 8. United States Patent Number 7,611,270, entitled Lighthead Mounting Structure, a

copy of which is attached hereto as Exhibit A (hereinafter the 270 Patent), was duly and legally issued by the U.S. Patent and Trademark Office on November 3, 2009 and named as inventors Jon H. Lyons and Richard H. Morrow, both residents of Connecticut. 9. Plaintiff is, and at all times relevant has been, the lawful owner of all right, title and

interest in and to the 270 Patent, including all rights to recover for past infringement thereof by virtue of an assignment from inventors Jon H. Lyons and Richard H. Morrow, duly executed on September 4, 2007 and recorded in the Assignment Division of the United States Patent and Trademark Office at reel/frame 019836/0918. 10. 11. The 270 patent is valid and enforceable. Plaintiff has marked its products embodying the invention claimed in the 270 patent

in accordance with 35 U.S.C. 287. 12. Defendants have been infringing and are continuing to infringe, directly and

indirectly by way of inducement and/or contributory infringement, literally and/or under the doctrine of equivalents, the 270 Patent under 35 U.S.C. 271 by manufacturing, using, offering to sell,

selling and/or importing in and into this District and/or elsewhere in the United States products that fall within the scope of one or more claims of the 270 Patent. 13. Defendants acts of infringement and active inducement of infringement set forth

above have damaged Plaintiff and will continue to cause Plaintiff irreparable harm for which Plaintiff has no adequate remedy at law unless such acts of infringement and active inducement of infringement are enjoined and restrained by this Court. III. DEMAND FOR JURY TRIAL Plaintiff respectfully demands a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure of any issues triable of right before a jury in the above-captioned action. IV. PRAYER FOR RELIEF Wherefore, Plaintiff requests that this Court adjudicate the rights of the parties and enter judgment as follows: (a) Patent; (b) That Defendants, their officers, agents, servants, employees, attorneys, all parent, That Defendants have infringed, and actively induced others to infringe, the '270

subsidiary and affiliate corporations or other business entities, and all other persons acting in concert, participation or in privity with them, and their successors and assigns are permanently enjoined and restrained from further infringement and inducement of infringement of the '270 Patent as provided by 35 U.S.C. 283; (c) (d) Order that Defendants infringing products be destroyed; Award Plaintiff the damages to which it is entitled under 35 U.S.C. 284 for

Defendants past infringement and any continuing or future infringement until the date Defendants are finally and permanently enjoined from further infringement; and


That Plaintiff be awarded such other legal or equitable relief as the Court may deem

just and proper. Respectfully Submitted, WHELEN ENGINEERING COMPANY, INC.

Date: February 1, 2012


_________________________ Thomas J. Menard, ct23491 Alexander E. Andrews, ct t27811 ALIX, YALE & RISTAS, LLP Attorney for Plaintiff 750 Main Street, Suite 1400 Hartford, Connecticut 06103 Tel: (860) 527-9211 Fax: (860) 527-5029 Email: tmenard@pctlaw.com aandrews@pctlaw.com