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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CIVIL ACTION

NO. 3:12-cv-00263 * * * * * Plaintiff, * COMPLAINT FOR PATENT * vs. INFRINGEMENT AND JURY * DEMAND ENDORSED HEREON * CONCRETEACCESSORIES.COM * c/o Statutory Agent * 19 Toulon * Newport Beach, CA 92660, * * Defendant. * * ________________________________ DAYTON SUPERIOR CORPORATION 1125 Byers Road Miamisburg, Ohio 45342, For its Complaint, DAYTON SUPERIOR CORPORATION (DAYTON SUPERIOR) hereby alleges: PARTIES 1. DAYTON SUPERIOR is a corporation organized and existing under the laws of the

State of Delaware and has a principal place of business at 1125 Byers Road, Miamisburg, Ohio. 2. CONCRETEACCESSORIES.COM (CONCRETEACCESSORIES) is a

corporation organized and existing under the laws of the State of California and has a principal place of business at 1409 E. Orangethorpe Avenue, Fullerton, California.

JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the United

States. The Court has original and exclusive jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331 and 1338(a). 4. CONCRETEACCESSORIES has transacted business, and at the time of the filing

of this Complaint is transacting business, within the Southern District of Ohio by selling and marketing its commercial products to customers located within the District. 5. CONCRETEACCESSORIES has sufficient minimum contacts with the State of

Ohio and the Western Division of the Southern District of Ohio such that this Court has personal jurisdiction over it and this is a fair and reasonable venue for the litigation of this action. CONCRETEACCESSORIES has committed such purposeful acts and/or transactions in Ohio that it reasonably should know and expect that it could be called into this court as a consequence of such activity. 6. CONCRETEACCESSORIES has committed acts of patent infringement, including

the acts complained of herein, throughout the United States including within this judicial district. Pursuant to 28 U.S.C. 1391(c) and 1400(b), venue is proper in this District. BACKGROUND FACTS 7. DAYTON SUPERIOR is one of the nation's leading suppliers of accessories for use

in the concrete construction industry. Among its many, varied products, DAYTON SUPERIOR manufactures and sells plastic rebar safety caps for use on construction sites to protect construction workers from exposed and protruding rebar. 8. CONCRETEACCESSORIES competes directly with DAYTON SUPERIOR for the

sale of accessories used in concrete construction.

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9.

By assignment in March 2011, DAYTON SUPERIOR became the owner of all

right, title and interest in United States Patent No. 5,729,941, entitled PROTECTIVE COVER FOR CONCRETE REINFORCING BAR (the 941 Patent), including the right to sue for past infringement. A true copy of the 941 Patent is attached as Exhibit A. 10. DAYTON SUPERIORs rebar safety cap is covered by one or more of the claims of the 941 Patent. 11. Since no later than March 2011, each such rebar safety cap has been consistently marked with the '941 Patent number. 12. By assignment in March 2011, DAYTON SUPERIOR also became the owner of all right, title and interest in United States Patent No. 5,824,253, entitled METHOD FOR MOLDING A PROTECTIVE COVER FOR AN EXPOSED END OF A BAR (the 253 Patent), including the right to sue for past infringement. A true copy of the 253 Patent is attached as Exhibit B. 13. DAYTON SUPERIORs rebar safety cap is manufactured in a process covered by one or more of the claims of the 253 Patent. 14. Since no later than March 2011, each such rebar safety cap has been consistently marked with the 253 Patent number. 15. By assignment in March 2011, DAYTON SUPERIOR also became the owner of all right, title and interest in United States Patent No. 5,946,871, entitled REINFORCING BAR PROTECTIVE COVER (the 871 Patent), including the right to sue for past infringement. A true copy of the 871 Patent is attached as Exhibit C. 16. DAYTON SUPERIORs rebar safety cap is covered by one or more of the claims of the 871 Patent.

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17. Since no later than March 2011, each such rebar safety cap has been consistently marked with the 871 Patent number. 18. The 941 Patent, the 253 Patent, and the 871 Patent are each presumed valid pursuant to 35 U.S.C. 282. CLAIM I: PATENT INFRINGEMENT OF THE '941 PATENT (35 U.S.C. 271) 19. DAYTON SUPERIOR repeats and reasserts the allegations of Paragraphs 1 through 18 as if set forth at length herein. 20. CONCRETEACCESSORIES manufactures, uses, sells, and offers to sell products called Springard Protective Covers that directly infringe one or more claims of the 941 Patent under 35 U.S.C. 271. 21. Upon information and belief, CONCRETEACCESSORIES.COM has, without authority, made, used, offered to sell and sold Springard Protective Covers within the United States and this district. 22. The infringement by CONCRETEACCESSORIES is ongoing, and has been willful and wanton due to CONCRETEACCESSORIES actual knowledge of the existence of the 941 Patent. 23. The infringement of the 941 Patent by CONCRETEACCESSORIES is causing DAYTON SUPERIOR to suffer economic damages, including lost sales. 24. The infringement of the 941 Patent by CONCRETEACCESSORIES is causing irreparable damage to DAYTON SUPERIOR and will continue to cause irreparable damage to DAYTON SUPERIOR unless CONCRETEACCESSORIES is enjoined by this Court. CLAIM II: PATENT INFRINGEMENT OF THE '253 PATENT (35 U.S.C. 271) 25. DAYTON SUPERIOR repeats and reasserts the allegations of Paragraphs 1 through 24 as if set forth at length herein. -4-

26. Upon information and belief, CONCRETEACCESSORIES manufactures products called Springard Protective Covers through processes that directly infringe one or more claims of the 253 Patent under 35 U.S.C. 271. 27. Upon information and belief, CONCRETEACCESSORIES has, without authority, manufactured Springard Protective Covers using such processes within the United States and, more specifically, in our plant in Fullerton, California, as represented upon its public web site at http://www.concreteaccessories.com/index.php/quality. 28. The infringement by CONCRETEACCESSORIES is ongoing, and has been willful and wanton due to CONCRETEACCESSORIES actual knowledge of the existence of the 253 Patent. 29. The infringement of the 253 Patent by CONCRETEACCESSORIES is causing DAYTON SUPERIOR to suffer economic damages, including lost sales. 30. The infringement of the 253 Patent by CONCRETEACCESSORIES is causing irreparable damage to DAYTON SUPERIOR and will continue to cause irreparable damage to DAYTON SUPERIOR unless CONCRETEACCESSORIES is enjoined by this Court. CLAIM III: PATENT INFRINGEMENT OF THE '871 PATENT (35 U.S.C. 271) 31. DAYTON SUPERIOR repeats and reasserts the allegations of Paragraphs 1 through 30 as if set forth at length herein. 32. CONCRETEACCESSORIES manufactures, uses, sells, and offers to sell products called Springard Protective Covers that directly infringe one or more claims of the 871 Patent under 35 U.S.C. 271. 33. Upon information and belief, CONCRETEACCESSORIES has, without authority, made, used, offered to sell and sold Springard Protective Covers within the United States and this district. -5-

34. The infringement by CONCRETEACCESSORIES is ongoing, and has been willful and wanton due to CONCRETEACCESSORIES actual knowledge of the existence of the 871 Patent. 35. The infringement of the 871 Patent by CONCRETEACCESSORIES is causing DAYTON SUPERIOR to suffer economic damages, including lost sales. 36. The infringement of the 871 Patent by CONCRETEACCESSORIESis causing irreparable damage to DAYTON SUPERIOR and will continue to cause irreparable damage to DAYTON SUPERIOR unless CONCRETEACCESSORIES is enjoined by this Court. WHEREFORE, PLAINTIFF prays for judgment against CONCRETEACCESSORIES as follows: (1) Issuance of preliminary and permanent injunctions pursuant to 35 U.S.C. 283

enjoining further acts of infringement of the 941 Patent, the 253 Patent, and the 871 Patent. (2) An accounting of CONCRETEACCESSORIESs sales and profits in connection

with the manufacturing and sale of the infringing products. (3) An award of damages adequate to compensate for the infringement, no less than a

reasonable royalty, together with interest and costs pursuant to 35 U.S.C. 284. (4) An award of triple damages pursuant to 35 U.S.C. 284 for willful infringement

of the 941 Patent, the 253 Patent, and the 871 Patent. (5) (6) (7) An award of pre-judgment and post-judgment interest. An award of attorney fees pursuant to 35 U.S.C. 285. An award of such other and further relief as the Court may deem just and proper.

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Respectfully submitted,

By:/s/Jeffrey C. Metzcar Jeffrey C. Metzcar (#0072648), Trial Attorney Telephone (937) 443-6841 Jeff.Metzcar@ThompsonHine.com Christine M. Haaker (#0063225) Telephone (937) 443-6822 Christine.Haaker@ThompsonHine.com THOMPSON HINE LLP Austin Landing I 10050 Innovation Drive, Suite 400 Dayton, Ohio 45432 Facsimile 937.443.6835

Counsel For Plaintiff, DAYTON SUPERIOR CORPORATION Dated: August 1, 2012

DEMAND FOR JURY TRIAL Plaintiff demands a jury trial of all issues raised by the Complaint which are triable of right by a jury.

Respectfully submitted, By: /s/Jeffrey C. Metzcar Jeffrey C. Metzcar THOMPSON HINE LLP Austin Landing I 10050 Innovation Drive, Suite 400 Dayton, Ohio 45432 Telephone (937) 443-6841 Facsimile (937) 443-6635 jeff.metzcar@thompsonhine.com Counsel For Plaintiff, DAYTON SUPERIOR CORPORATION

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