UNITED STATES DISTRICT COURT IN THE DISTRICT OF MASSACHUSETTS

HYPERTHERM, INC. Plaintiff, v. SHENZHEN RIVER TRADING CO., LTD. Defendant. COMPLAINT AND JURY DEMAND Plaintiff, Hypertherm, Inc. (Hypertherm) brings this action for patent infringement against Shenzhen River Trading Co., Ltd. (SRT). This action for patent infringement is brought against SRT based on SRTs ongoing and pervasive infringement of Hypertherms patents, which includes U.S. Patent Nos. 8,115,136, 7,989,727 and 6,207,923. THE PARTIES 1. Hypertherm is a corporation organized and existing under the laws of the State of Civil Action No.: ___________________

New Hampshire and having a regular and established place of business at 21 Great Hollow Road, Hanover, New Hampshire 03755. Hypertherm is a worldwide leader in technological development, manufacturing and marketing of advanced metal cutting systems for use in a variety of industries, such as, shipbuilding, oil and gas, heavy equipment, structural steel and manufacturing. Its product line includes handheld and mechanized plasma arc cutting systems and consumables, CNC motion and height controls, CAM software and fiber laser cutting systems.

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SRT is, on information and belief, a corporation organized and existing under the

laws of the Peoples Republic of China and having a regular and established place of business at No. 41-43, 2nd Haibin Street, Binhai Garden, Nansha Area, Guangzhou, 511458, China. On information and belief, SRT offers for sale, sells and imports into the United States, plasma cutting system consumables, such as, electrodes, nozzles and shields. JURISDICTION AND VENUE 3. This action arises under the Patent Laws of the United States, 35 U.S.C. 1 et

seq., and this Court has jurisdiction under 28 U.S.C. 1331 and 1338(a). 4. The Court has personal jurisdiction over SRT because, on information and belief,

SRT transacts business in the Commonwealth of Massachusetts related to the allegations set forth herein, by at least offering for sale and selling infringing products to Massachusetts residents via a website, http://www.river-weld.com, owned and controlled by SRT. Upon information and belief, SRT has sold and will continue to sell infringing products to Massachusetts residents. 5. Venue is proper in this District pursuant to 28 U.S.C. 1391(d) and 1400(b). COUNT I INFRINGEMENT OF U.S. PATENT NO. 8,115,136 6. The allegations of paragraphs 1 through 5 are incorporated by reference into this

Count I as though fully set forth herein. 7. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No.

8,115,136 (the 136 Patent), entitled Electrode for a Contact Start Plasma Arc Torch and Contact Start Plasma Arc Torch Employing such Electrodes.

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The 136 Patent was duly issued by the United States Patent and Trademark

Office on February 14, 2012, and is enforceable. A copy of the 136 Patent is attached hereto as Exhibit A. 9. Upon information and belief, SRT offers for sale, sells and imports into the

United States products that infringe one or more claims of the 136 Patent, including products manufactured by SRT for use with Hypertherm plasma cutting systems. For example, at least SRTs part No. 220842 infringes claims of the 136 Patent. A photograph of SRTs part No. 220842 is attached hereto as Exhibit B. 10. Upon information and belief, SRT is willfully infringing, contributing to, and/or

inducing the infringement of one or more claims of the 136 Patent by offering for sale, selling and importing into the United States infringing products. For example, SRTs part number 220842 appears to be an unauthorized copy of Hypertherms genuine 220842 product. The packaging of Hypertherm part number 220842 is marked with the 136 Patent, and the product is covered by the claims of this patent. SRT is still infringing the 136 Patent and will continue to do so unless enjoined by this Court. 11. By reasons of said acts by SRT, Hypertherm has been, and will continue to be,

seriously damaged and irreparably injured unless SRT is enjoined by this Court from the actions complained of herein, and thus Hypertherm is without an adequate remedy at law. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,989,727 12. The allegations of paragraphs 1 through 5 are incorporated by reference into this

Count II as though fully set forth herein. 13. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No.

7,989,727 (the 727 Patent), entitled High Visibility Plasma Arc Torch.

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The 727 Patent was duly issued by the United States Patent and Trademark

Office on August 2, 2011, and is enforceable. A copy of the 727 Patent is attached hereto as Exhibit C. 15. Upon information and belief, SRT offers for sale, sells and imports into the

United States products that infringe one or more claims of the 727 Patent, including products manufactured by SRT for use with Hypertherm plasma cutting systems. For example, at least SRTs part No. 220478 infringes claims of the 727 Patent. A photograph of SRTs part No. 220478 is attached hereto as Exhibit D. 16. Upon information and belief, SRT is willfully infringing, contributing to, and/or

inducing the infringement of one or more claims of the 727 Patent by offering for sale, selling and importing into the United States infringing products. For example, SRTs part No. 220478 appears to be an unauthorized copy of Hypertherms genuine 220478 product. The packaging of Hypertherm part number 220478 is marked with the 727 Patent, and the product is covered by the claims of this patent. SRT is still infringing the 727 Patent and will continue to do so unless enjoined by this Court. 17. By reasons of said acts by SRT, Hypertherm has been, and will continue to be,

seriously damaged and irreparably injured unless SRT is enjoined by this Court from the actions complained of herein, and thus Hypertherm is without an adequate remedy at law. COUNT III INFRINGEMENT OF U.S. PATENT NO. 6,207,923 18. The allegations of paragraphs 1 through 5 are incorporated by reference into this

Count III as though fully set forth herein.

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Hypertherm is the owner of all right, title and interest in and to U.S. Patent No.

6,207,923 (the 923 Patent), entitled Plasma Arc Torch Tip Providing a Substantially Columnar Shield Flow. 20. The 923 Patent was duly issued by the United States Patent and Trademark

Office on March 27, 2001, and is enforceable. A copy of the 923 Patent is attached hereto as Exhibit E. 21. Upon information and belief, SRT offers for sale, sells and imports into the

United States products that infringe one or more claims of the 923 Patent, including products manufactured by SRT for use with Hypertherm plasma cutting systems. For example, at least SRTs part Nos. 120930, 120931, 220047, and 220011 infringe claims of the 923 Patent. Photographs of SRTs part Nos. 120930, 120931, 220047, and 220011 are attached hereto as Exhibit F. SRTs parts are intended for use with Hypertherm torches. When used in place of genuine Hypertherm parts having the same corresponding part numbers, the SRT parts infringe the claims of the 923 patent. 22. Upon information and belief, SRT is willfully infringing, contributing to, and/or

inducing the infringement of one or more claims of the 923 Patent by offering for sale, selling and importing into the United States infringing products. For example, SRTs part Nos. 120930, 120931, 220047, and 220011 appear to be unauthorized copies of Hypertherms genuine 120930, 120931, 220047, and 220011 products. The packaging of Hypertherm part numbers 120930, 120931, 220047, and 220011 are marked with the 923 Patent, and the products are covered by the claims of this patent. SRT is still infringing the 923 Patent and will continue to do so unless enjoined by this Court.

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By reasons of said acts by SRT, Hypertherm has been, and will continue to be,

seriously damaged and irreparably injured unless SRT is enjoined by this Court from the actions complained of herein, and thus Hypertherm is without an adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Hypertherm prays for judgment against SRT as follows: (a) Enter judgment that SRT has infringed, and continues to infringe, the 136, 727

and 923 Patents; (b) (c) Enter judgment that SRTs acts of infringement are willful; Preliminarily and permanently enjoin SRT, its officers, subsidiaries, agents,

servants, employees, and all persons in active concert with any of them, from any further infringement of the 136, 727 and 923 Patents; (d) Award Hypertherm all monetary relief available under the Patent Laws of the

United States, including, but not limited to, actual damages, pre- and post- judgment interest, enhanced damages, and costs pursuant to 35 U.S.C. 284; (e) Declare this case exceptional and award Hypertherm its reasonable attorneys fees

pursuant to 35 U.S.C. 285; and (f) For such other further relief as the court deems just and proper. JURY DEMAND In accordance with Rule 38(b) of the Federal Rules of Civil Procedure, Hypertherm hereby demands a trial by jury on all issues so triable.

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Dated: May 3, 2012

Respectfully Submitted, /s/ Steven M. Bauer Steven M. Bauer (BBO # 542531) Colin G. Cabral (BBO #670234) PROSKAUER ROSE LLP One International Place Boston, MA 02110-2600 Telephone: (617) 526-9600 Facsimile: (617) 526-9899 sbauer@proskauer.com ccabral@proskauer.com Attorneys for Plaintiff, HYPERTHERM, INC.

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