UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND (BALTIMORE DIVISION) ) ) ) ) ) ) and ) ) 180s, LLC, ) 700 South Caroline Street

) Baltimore, Maryland 21231, ) ) a Maryland Limited Liability Company, Plaintiff, ) v. ) ) ) J.C. Penney Company, Inc. ) 6501 Legacy Dr. ) Plano, Texas 75024 ) ) a Delaware Corporation, Defendant, ) ) J.C. Penney Corporation, Inc. ) 6501 Legacy Dr. ) Plano, Texas 75024 ) ) a Delaware Corporation, Defendant. ) __________________________________________ ) 180s, Inc., 700 South Caroline Street Baltimore, Maryland 21231, a Delaware Corporation, Plaintiff,

Civil Action No. 13-cv-3330

COMPLAINT

DEMAND FOR JURY TRIAL

Plaintiffs 180s, Inc. and 180s, LLC (collectively 180s or Plaintiffs) allege as follows: THE PARTIES 1. 180s, Inc. is a corporation organized under the laws of the State of Delaware, having its

principal place of business at 700 South Caroline Street, Baltimore, Maryland 21231. 180s, Inc. owns

all right, title, and interest in the intellectual property that is the subject matter of this suit. 180s, LLC is a limited liability company organized under the laws of the State of Maryland, having its principal place of business at 700 South Caroline Street, Baltimore, Maryland 21231. 180s, LLC is a wholly-owned subsidiary of 180s, Inc. and the exclusive licensee of the intellectual property that is the subject matter of this suit. 2. Defendant J.C. Penney Corporation, Inc. (J.C. Penney Corporation), on information

and belief, is a corporation organized under the laws of the State of Delaware having its principal place of business at 6501 Legacy Drive, Plano, TX 75024. According to the JCPenney.com website, J.C. Penney Corporation is one of the largest department store, catalog, and e-commerce retailers in the United States. 3. Defendant J.C. Penney Company, Inc. (J.C. Penney Company), on information and

belief, is a corporation organized under the laws of the State of Delaware having its principal place of business at 6501 Legacy Drive, Plano, TX 75024. According to the JCPenney.com website, J.C. Penney Corporation is a wholly-owned operating subsidiary of J.C. Penney Company. JURISDICTION AND VENUE 4. This is a civil action for patent infringement arising under the United States patent

statutes, Title 35, United States Code, 1 et seq. 5. This Court has jurisdiction of the subject matter of this action under Title 28, United

States Code, 1331 and 1338(a). 6. This Court has personal jurisdiction over J.C. Penney Company and J.C. Penney

Corporation (collectively J.C. Penney Defendants) because the J.C. Penney Defendants doing and have done substantial business in this judicial district and have committed acts of infringement, and

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other acts complained of herein, in this judicial district. In addition, the J.C. Penney Defendants both maintain registered agents in the State of Maryland. 7. Venue is proper in this District pursuant to 28 U.S.C. 1391(b)-(c) and 1400(b) because

Defendants have committed acts of infringement and do business in this District. BACKGROUND 8. 180s designs, manufactures and sells innovative performance wear, including ear

warmers, gloves, and glasses. 180s was founded in 1994 by Brian E. Le Gette and Ronald L. Wilson, II, two University of Pennsylvania Wharton Business School students, who invented and patented the first of its kind wrap-behind-the-head ear warmer. After its introduction into the marketplace in 1995, the 180s ear warmer achieved significant commercial success. 9. 180s success has been driven largely by its innovative ear warmer products, which are

protected by a significant portfolio of patents, including the patents asserted in this action. True and correct reproductions of photographs of a 180s brand ear warmer are attached as Exhibits A and B. 10. On November 10, 1998, United States Patent No. 5,835,609 (the 609 Patent), entitled

Ear Protection Device, was duly and legally issued to Le Gette, et al. The 609 Patent has been assigned to 180s, Inc. A true and correct copy of the 609 Patent is attached as Exhibit C. 11. On April 19, 2005, United States Patent No. 6,880,174 (the 174 Patent), entitled Ear

Protection Device, was duly and legally issued to Prokop. The 174 Patent has been assigned to 180s, Inc. A true and correct copy of the 174 Patent is attached as Exhibit D. 12. 180s, Inc. is the sole owner of the entire right, title, and interest in the 609 Patent, and

180s, LLC is an exclusive licensee under the 609 Patent. 13. 180s, Inc. is the sole owner of the entire right, title, and interest in the 174 Patent, and

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180s, LLC is an exclusive licensee under the 174 Patent. 14. The J.C. Penney Defendants have been and presently are a customer of 180s for ear

warmer products. The J.C. Penney Defendants sell 180s ear warmer products through various channels, including their website, JCPenney.com, and their retail stores. 15. In 2004, 180s discovered that the J.C. Penney Defendants had begun selling and offering

to sell through the JCPenney.com website an ear warmer under the name Ear Wrap by Free Country that infringed 180s intellectual property rights. Upon learning of that infringement, 180s filed a suit in this District to enforce its intellectual property rights. In the ensuing patent and trademark infringement suit, this Court granted 180s motion for a preliminary injunction barring the J.C. Penney Defendants and Drew Pearson Marketing from making and selling the Ear Wrap by Free Country. 16. 180s has recently discovered that the J.C. Penney Defendants are selling and offering to

sell to consumers, including at J.C. Penney stores in Maryland and through their website, JCPenney.com, an ear warmer product with an adjustable headband (the Accused Product). A true and correct reproduction of a photograph of the Accused Product is attached as Exhibit E. 17. A Taiwanese company named Sound Team Enterprise Co., Ltd. (Sound Team) may be

the manufacturer of the product. The price tag of the J.C. Penney product lists U.S. Patent Number 8,443,467 B2 (the 467 patent), which appears to be assigned to Sound Team. Late in the 2012 selling season, 180s discovered a very similar ear warmer product being sold on a limited basis in the U.S., including at J.C. Penney stores. Sound Team acknowledged that it was the manufacturer of that product and, through Taiwanese counsel, took the erroneous position that the product did not infringe 180s intellectual property rights, including the 609 patent. 18. The same price tag contains the following statement, Distributed in the U.S. by J.C.

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Penney Corporation, Inc. Plano, Texas 75024-3698. On information and belief, the J.C. Penney Defendants have principal places of business in Plano, Texas. 19. Thus, the J.C. Penney Defendants are offering for sale and selling ear warmer products

that compete with products manufactured and sold by 180s. 20. Before offering for sale and selling the Accused Product in the United States, the J.C.

Penney Defendants had actual and constructive knowledge of 180s brand ear warmers and 180s intellectual property rights directed to behind-the-head ear warmers, including 180s rights in the 609 and the 174 Patents. COUNT ONEINFRINGEMENT OF THE 609 PATENT 21. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 20 of

this Complaint as though fully set forth herein. 22. 180s, Inc. is the sole owner of the entire right, title, and interest in the 609 Patent, and

180s, LLC is an exclusive licensee under the 609 Patent. 23. The J.C. Penney Defendants have infringed the 609 Patent under Section 271 of Title 35

of the United States Code by using, selling and/or offering to sell in, and/or importing into, the United States the Accused Product. 24. On information and belief, the J.C. Penney Defendants infringement of the 609 Patent

has been willful. 25. On information and belief, the J.C. Penney Defendants will continue to infringe the 609

Patent unless enjoined by this Court.

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Plaintiffs have been, and will continue to be, damaged and irreparably harmed by the

actions of the J.C. Penney Defendants, which will continue unless the J.C. Penney Defendants are enjoined by this Court. COUNT TWOINFRINGEMENT OF THE 174 PATENT 27. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 26 of

this Complaint as though fully set forth herein. 28. 180s, Inc. is the sole owner of the entire right, title, and interest in the 174 Patent, and

180s, LLC is an exclusive licensee under the 174 Patent. 29. The J.C. Penney Defendants have infringed the 174 Patent under Section 271 of Title 35

of the United States Code by using, selling and/or offering to sell in, and/or importing into, the United States the Accused Product, which embodies inventions claimed in the 174 Patent. 30. On information and belief, the J.C. Penney Defendants infringement of the 174 Patent

has been willful. 31. On information and belief, the J.C. Penney Defendants will continue to infringe the 174

Patent unless enjoined by this Court. 32. Plaintiffs have been, and will continue to be, damaged and irreparably harmed by the

actions of the J.C. Penney Defendants, which will continue unless the J.C. Penney Defendants are enjoined by this Court.

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REQUEST FOR RELIEF WHEREFORE, Plaintiffs request the following relief: A. a preliminary and permanent injunction against the J.C. Penney Defendants, as well as their respective officers, agents, servants, employees, parent and subsidiary corporations, assigns and successors in interest, and those persons in active concert or participation with them, enjoining them from continued acts of infringement of the 609 Patent; B. a preliminary and permanent injunction against the J.C. Penney Defendants, as well as their respective officers, agents, servants, employees, parent and subsidiary corporations, assigns and successors in interest, and those persons in active concert or participation with them, enjoining them from continued acts of infringement of the 174 Patent; C. a judgment holding the J.C. Penney Defendants liable for infringement of the 609 Patent; D. a judgment holding the J.C. Penney Defendants liable for infringement of the 174 Patent; E. an accounting of damages resulting from the infringement by the J.C. Penney Defendants of the 609 Patent, together with prejudgment and post-judgment interest; F. an accounting of damages resulting from the infringement by the J.C. Penney Defendants of the 174 Patent, together with prejudgment and post-judgment interest; G. that the infringement by the J.C. Penney Defendants of the 609 Patent be adjudged willful and Plaintiffs damages be trebled pursuant to Title 35, U.S.C. 284; H. that the infringement by the J.C. Penney Defendants of the 174 Patent be adjudged

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willful and Plaintiffs damages be trebled pursuant to Title 35, U.S.C. 284; I. that this be adjudged an exceptional case and that the Plaintiffs be awarded their attorneys fees pursuant to Title 35, U.S.C. 285; and J. that the Court grant the Plaintiffs such other relief as it deems just and equitable.

Dated: November 7, 2013

Respectfully submitted by: /s/ Brendan J. Hughes COOLEY LLP Brendan J. Hughes (Bar No. 17042) 1299 Pennsylvania Avenue, Suite 700 Washington, D.C. 20004-2400 Tel: (202) 842-7826 Fax: (202) 842-7899 bhughes@cooley.com Jonathan G. Graves One Freedom Square Reston Town Center 11951 Freedom Drive Reston, Virginia 20190 Tel: (703) 456-8000 Fax: (703) 456-8100 jgraves@cooley.com Attorneys for Plaintiffs 180s, Inc. and 180s, LLC

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DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs 180s, Inc. and 180s, LLC, hereby demand a trial by jury of all issues triable of right by a jury.

Dated: November 7, 2013 /s/ Brendan J. Hughes COOLEY LLP Brendan J. Hughes (Bar No. 17042) 1299 Pennsylvania Avenue, Suite 700 Washington, D.C. 20004-2400 Tel: (202) 842-7826 Fax: (202) 842-7899 bhughes@cooley.com Jonathan G. Graves One Freedom Square Reston Town Center 11951 Freedom Drive Reston, Virginia 20190 Tel: (703) 456-8000 Fax: (703) 456-8100 jgraves@cooley.com Attorneys for Plaintiffs 180s, Inc. and 180s, LLC

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