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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN PROPRIETECT L.P. Plaintiff, v. JOHNSON CONTROLS, INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. _______________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Proprietect L.P. (Proprietect), by its attorneys and for its Complaint against defendant Johnson Controls, Inc. (JCI), alleges and states as follows: THE PARTIES 1. Plaintiff Proprietect L.P. is a limited partnership organized under the laws of the

Province of Ontario, Canada having its principal place of business at 100 King Street West, Suite 1600, 1 First Canadian Place, Toronto, Ontario, M5X 1G5 Canada. 2. On information and belief, defendant Johnson Controls, Inc. is a Wisconsin

corporation having its principal place of business at 5757 North Green Bay Avenue, Milwaukee, Wisconsin 53201. NATURE OF THE ACTION, JURISDICTION, AND VENUE 4. This is an action for patent infringement arising under the patents laws of the

United States, 35 U.S.C. 101 et seq., in particular 35 U.S.C. 271. 5. 6. 1400(b). This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). Venue is proper in this judicial district under 28 U.S.C 1391(b) and (c) and

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THE PATENTS-IN-SUIT 7. U.S. Patent No. 7,481,637 (the 637 patent), entitled Vented Mold and Method

for Producing Molded Article, was duly and legally issued on Jan. 27, 2009. 8. U.S. Patent No. 7,878,785 (the 785 patent), entitled Vented Mold and Method

for Producing Molded Article, was duly and legally issued on Feb. 1, 2011. COUNT I INFRINGEMENT OF THE 637 PATENT 9. Proprietect repeats and re-alleges each and every allegation contained in the

above paragraphs as if fully set forth herein. 10. Proprietect is the owner of all right, title, and interest in the 637 patent, including

the right to sue for past, present, and future infringement of the 637 patent. 11. JCI has been and is now infringing the 637 patent by, for example, making,

using, offering for sale, selling, and/or importing within the United States the invention claimed in the 637 patent, without the authority of Proprietect. 12. JCI has been and is currently using the invention claimed in the 637 patent in

producing molded foam articles, for example, molded foam seat cushions, molded foam seat backs and/or components thereof in connection with the MK49 and MK74 automotive seat programs. 13. JCI was notified of the existence of the 637 patent prior to the filing of this

Complaint for Patent Infringement. On information and belief, despite JCIs knowledge of the 637 patent, JCI continued and is currently continuing its infringing activities in an objectively reckless manner with respect to the rights of Proprietect under the 637 patent. The infringement of the 637 patent by JCI has been and continues to be willful.

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14.

JCIs infringing activities have directly and proximately caused and continue to

directly and proximately cause damages to Proprietect. 15. JCIs infringing activities have directly and proximately caused and continue to

directly and proximately cause immediate and irreparable injury to Proprietect for which Proprietect has no adequate remedy at law. 16. Court. COUNT II INFRINGEMENT OF THE 785 PATENT 17. Proprietect repeats and re-alleges each and every allegation contained in the JCI will continue its infringing activities unless enjoined from doing so by the

above paragraphs as if fully set forth herein. 18. Proprietect is the owner of all right, title, and interest in the 785 patent, including

the right to sue for past, present, and future infringement of the 785 patent. 19. JCI has been and is now infringing the 785 patent by, for example, making,

using, offering for sale, selling, and/or importing within the United States the invention claimed in the 785 patent, without the authority of Proprietect. 20. JCI has been and is currently using the invention claimed in the 785 patent in

producing molded foam articles, for example, molded foam seat cushions, molded foam seat backs and/or components thereof in connection with the MK49 and MK74 automotive seat programs. 22. JCIs infringing activities have directly and proximately caused and continue to

directly and proximately cause damages to Proprietect.

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23.

JCIs infringing activities have directly and proximately caused and continue to

directly and proximately cause immediate and irreparable injury to Proprietect for which Proprietect has no adequate remedy at law. 24. Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff Proprietect prays that this Court: A. B. C. willful; D. Enter a permanent injunction to enjoin JCI, its officers, agents, successors and Enter judgment for Proprietect as to each count of this Complaint; Enter judgment that JCI has infringed the 637 and 785 patents; Enter judgment that JCIs infringement of the 637 patent has been knowing and JCI will continue its infringing activities unless enjoined from doing so by the

assigns, and those in privity with JCI, from further infringement of the 637 and 785 patents during the remainder of the term for which the patents have been granted; E. Award to Proprietect damages against JCI adequate to compensate Proprietect for

JCIs acts of infringement of the 637 and 785 patents; F. G. Award to Proprietect pre-judgment and post judgment interest; Increase the damages to three times the amount found or assessed in accordance

with 35 U.S.C. 284 for any damages found or assessed as a result of JCIs infringement of the 637 patent; H. Find this to be an exceptional case pursuant to 35 U.S.C. 285 and award

Proprietect its attorneys fees and costs incurred in this matter; and

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I. equitable.

Award to Proprietect such other and further relief as this Court deems just and

DEMAND FOR A JURY TRIAL Plaintiff Proprietect demands trial by jury for all issues so triable.

Dated: July 5, 2012

/s/ Richard W. Hoffmann______ Richard W. Hoffmann (P42352) hoffmann@reising.com REISING ETHINGTON, P.C. 755 West Big Beaver Road Suite 1850 Troy, MI 48084 Telephone: (248) 689-3500 Facsimile: (248) 689-4071 Timothy J. Vezeau timothy.vezeau@kattenlaw.com Michael A. Dorfman (admission in E.D. Michigan pending) michael.dorfman@kattenlaw.com Eric L. Carlson (admission in E.D. Michigan pending) eric.carlson@kattenlaw.com KATTEN MUCHIN ROSENMAN LLP 525 W. Monroe Street Chicago, IL 60661-3693 Telephone: (312) 902-5200 Facsimile: (312) 902-1061 Attorneys for Plaintiff Proprietect L.P.

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