UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY NEWARK DIVISION Edward P. Bakos (ebakos@bakoskritzer.

com) Noam J. Kritzer (nkritzer@bakoskritzer.com) Bakos & Kritzer 147 Columbia Turnpike Florham Park, New Jersey 07932 Telephone: 908-273-0770 Facsimile: 973-520-8260 EPB-0778 NJK-6122 Attorneys for the Plaintiffs: Tristar Products, Inc. and Ragner Technology Corp. TRISTAR PRODUCTS, INC. (a Pennsylvania corporation), and RAGNER TECHNOLOGY CORPORATION (a Delaware corporation), Plaintiffs, v. NATIONAL EXPRESS, INC. (a Connecticut corporation), E. MISHAN AND SONS, INC. (a New York corporation), and DAP Brands Co. (a Delaware corporation), Defendants. ) ) ) ) ) ) CIVIL ACTION FILE NUMBER: ) ) ) ) ) ) ) Document filed Electronically ) ) ) ) )

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL Plaintiff Tristar Products, Inc., a Pennsylvania corporation (hereinafter Tristar Products) and Plaintiff Ragner Technology Corporation, a Delaware corporation (hereinafter Ragner Technology) (collectively Plaintiffs), by their undersigned attorneys, for their Complaint against National Express, Inc., a Connecticut corporation (hereinafter National

Express), E. Mishan and Sons Inc., a New York corporation, (hereinafter EMSON), and DAP Brands Co., a Delaware corporation, (hereinafter DAP) (National Express, EMSON, and DAP hereinafter collectively Defendants), upon actual knowledge with respect to themselves and their own acts, and upon information and belief as to all other matters, allege as follows: THE PARTIES 1. Plaintiff Tristar Products is a Pennsylvania corporation having its corporate

headquarters at 492 Route 46 East, Fairfield, New Jersey 07004. 2. Plaintiff Ragner Technology is a Delaware corporation having its primary mailing

address at 13460 NW 7th Road, Newberry, Florida 32669. 3. Upon information and belief, Defendant National Express is a Connecticut

corporation having a principal place of business at 2 Morgan Avenue, Norwalk, Connecticut 06851. 4. Upon information and belief, Defendant EMSON is a New York corporation

having its corporate headquarters at 230 Fifth Avenue, Suite 800, New York, New York 10001. 5. Upon information and belief, Defendant DAP Products, Inc. is a Delaware

corporation having its corporate headquarters at 2400 Boston Street, Suite 200, Baltimore, Maryland 21224. JURISDICTION AND VENUE 6. This is a civil action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. The Court has subject matter jurisdiction over the action pursuant to 28 U.S.C 1331 and 28 U.S.C. 1338(a), as it involves substantial claims arising under the Patent Laws of the United States together with related claims for patent infringement and unfair competition.

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Upon information and belief, personal jurisdiction is proper in this Court as to

Defendant National Express because National Express solicits business and conducts business within the State of New Jersey, including but not limited to maintaining a website with access in New Jersey, marketing to customers in the State of New Jersey, and having commercial and residential sales in the State of New Jersey through its website and its authorized retailers. A copy of printouts from the website www.nationalexpresstv.com depicting a web-based offer for sale (attached as Exhibit A) demonstrates that National Express products are marketed to customers within the state of New Jersey. Therefore, the Court has personal jurisdiction over National Express pursuant to N.J. Ct. R. 4:4-4 and venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 28 U.S.C. 1391(c), and 28 U.S.C. 1400(b). 8. Upon information and belief, personal jurisdiction is proper in this Court as to

Defendant EMSON because EMSON solicits business and conducts business within the State of New Jersey, including but not limited to maintaining a website with access in New Jersey, marketing to customers in the State of New Jersey, and having commercial and residential sales in the State of New Jersey through its website and its authorized retailers. A copy of printouts from the website www.emsoninc.com depicting a web-based offer for sale (attached as Exhibit B) demonstrate that EMSONs products are marketed to customers within the state of New Jersey. Therefore, the Court has personal jurisdiction over EMSON pursuant to N.J. Ct. R. 4:4-4 and venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 28 U.S.C. 1391(c), and 28 U.S.C. 1400(b). 9. Upon information and belief, personal jurisdiction is proper in this Court as to

Defendant DAP because DAP solicits business and conducts business within the State of New Jersey, including but not limited to maintaining a website with access in New Jersey, marketing

to customers in the State of New Jersey, and having commercial and residential sales in the State of New Jersey through its website and its authorized retailers. A copy of a printout from the website www.xhose.com depicting a web-based offer for sale (attached as Exhibit C) demonstrates that DAPs products are marketed to customers within the state of New Jersey. Therefore, the Court has personal jurisdiction over DAP pursuant to N.J. Ct. R. 4:4-4 and venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 28 U.S.C. 1391(c), and 28 U.S.C. 1400(b). BACKGROUND 10. On September 25, 2005, U.S. Patent No. 6,948,527 (the 527 patent) entitled

Pressure-Actuated Linearly Retractable and Extendible Hose duly and legally issued to Gary Dean Ragner and Robert Daniel deRochemont, Jr. Ragner Technology is the owner and assignee of all right, title, and interest in and to the 527 patent, subject only to an exclusive license to Tristar Products. Tristar Products has an exclusive license to make, have made, use, distribute, sell, offer for sale, and import in the United States certain products covered by the 527 patent. Together, Ragner Technology and Tristar Products own all substantial rights in the 527 patent. A true and correct copy of the 527 patent is attached hereto as Exhibit D. 11. Upon information and belief, National Express, in conjunction with EMSON and

DAP, makes, uses, sells, and/or offers to sell and/or induces others to make, use, sell, and/or offer to sell, hoses, which embody and/or use the inventions claimed in the 527 patent. Such infringing hoses include at least the XHOSE. 12. Upon information and belief, EMSON, in conjunction with National Express and

DAP, makes, uses, sells, and/or offers to sell and induces others to make, use, sell, and/or offer to sell, hoses, which embody and/or use the inventions claimed in the 527 patent. Such infringing

hoses include at least the XHOSE. 13. Upon information and belief, DAP, in conjunction with National Express and

EMSON, makes, uses, sells, and/or offers to sell and induces others to make, use, sell, and/or offer to sell, hoses, which embody and/or use the inventions claimed in the 527 patent. Such infringing hoses include at least the XHOSE. 14. On June 23, 2009, U.S. Patent No. 7,549,448 (the 448 patent) entitled

Linearly Retractable Pressure Hose duly and legally issued to Gary Dean Ragner. Ragner Technology is the owner and assignee of all right, title, and interest in and to the 448 patent, subject only to an exclusive license to Tristar Products. Tristar Products has an exclusive license to make, have made, use, distribute, sell, offer for sale, and import in the United States certain products covered by the 448 patent. Together, Ragner Technology and Tristar Products own all substantial rights in the 448 patent. A true and correct copy of the 448 patent is attached hereto as Exhibit E. 15. Upon information and belief, National Express, in conjunction with EMSON and

DAP, makes, uses, sells, and/or offers to sell and/or induces others to make, use, sell, and/or offer to sell, hoses, which embody and/or use the inventions claimed in the 448 patent. Such infringing hoses include at least the XHOSE. 16. Upon information and belief, EMSON, in conjunction with National Express and

DAP, makes, uses, sells, and/or offers to sell and induces others to make, use, sell, and/or offer to sell, hoses, which embody and/or use the inventions claimed in the 448 patent. Such infringing hoses include at least the XHOSE. 17. Upon information and belief, DAP, in conjunction with National Express and

EMSON, makes, uses, sells, and/or offers to sell and/or induces others to make, use, sell, and/or

offer to sell, hoses, which embody and/or use the inventions claimed in the 448 patent. Such infringing hoses include at least the XHOSE. COUNT I INFRINGEMENT OF THE 527 PATENT BY DEFENDANTS 18. Plaintiffs reallege and incorporate the allegations set forth in Paragraph 1 through

Paragraph 17 herein. 19. Upon information and belief, Defendants directly infringe, contributorily infringe,

and/or actively induce infringement of one or more claims of the 527 patent by making, using, selling, and/or offering to sell, or inducing others to make, use, sell, or offer to sell hoses that embody or use the inventions embodied by one or more claims in the 527 patent. Such infringing hoses include at least the XHOSE. 20. Defendants acts of infringement of the 527 patent have caused and will continue

to cause Plaintiffs damages for which Plaintiffs are entitled to compensation pursuant to 35 U.S.C. 284. 21. Defendants acts of infringement of the 527 patent have caused and will continue

to cause Plaintiffs irreparable harm unless such infringing activities are enjoined by this Court pursuant to 35 U.S.C. 283. 22. This case is exceptional and, therefore, Plaintiffs are entitled to an award of

attorneys fees pursuant to 35 U.S.C. 285. 23. Upon information and belief, Defendants commercial activities relating to the

making, using, offering for sale, selling, and/or importing into the United States infringing hoses have continued and are continuing with knowledge of the 527 patent, in spite of the fact that Defendants actions constitute infringement of the 527 patent. These commercial activities are,

at a minimum, in reckless disregard of Plaintiffs rights under the 527 patent. Such acts of infringement have therefore been intentional, deliberate, and willful. COUNT II INFRINGEMENT OF THE 448 PATENT BY DEFENDANTS 24. Plaintiffs reallege and incorporate the allegations set forth in Paragraph 1 through

Paragraph 23 herein. 25. Upon information and belief, Defendants directly infringe, contributorily infringe,

and/or actively induce infringement of one or more claims of the 448 patent by making, using, selling, and/or offering to sell, or inducing others to make, use, sell, or offer to sell hoses that embody or use the inventions embodied by one or more claims in the 448 patent. Such infringing hoses include at least the XHOSE. 26. Defendants acts of infringement of the 448 patent have caused and will continue

to cause Plaintiffs damages for which Plaintiffs are entitled to compensation pursuant to 35 U.S.C. 284. 27. Defendants acts of infringement of the 448 patent have caused and will continue

to cause Plaintiffs irreparable harm unless such infringing activities are enjoined by this Court pursuant to 35 U.S.C. 283. 28. This case is exceptional and, therefore, Plaintiffs are entitled to an award of

attorneys fees pursuant to 35 U.S.C. 285. 29. Upon information and belief, Defendants commercial activities relating to the

making, using, offering for sale, selling, and/or importing into the United States infringing hoses have continued and are continuing with knowledge of the 448 patent, in spite of the fact that Defendants actions constitute infringement of the 448 patent. These commercial activities are,

at a minimum, in reckless disregard of Plaintiffs rights under the 448 patent. Such acts of infringement have therefore been intentional, deliberate, and willful. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray that the Court enter judgment against Defendants National Express, EMSON, and DAP as follows: A. B. C. That Defendants have infringed and are infringing the 527 patent; That Defendants have infringed and are infringing the 448 patent; That Defendants and their officers, directors, agents, employees, attorneys, and

those persons in active concert or participation with any of them, be preliminarily and permanently enjoined from further acts of infringement of the 527 patent; D. That Defendants and their officers, directors, agents, employees, attorneys, and

those persons in active concert or participation with any of them, be preliminarily and permanently enjoined from further acts of infringement of the 448 patent; E. That Defendants be ordered to pay Plaintiffs damages sufficient to compensate for

Defendants infringement of the 527 patent, with pre-judgment and post-judgment interest, including profits lost as a result of infringement of the 527 patent, and enhancing such damages due to the willfulness of the infringement, in accordance with 35 U.S.C. 284; F. That Defendants be ordered to pay Plaintiffs damages sufficient to compensate for

Defendants infringement of the 448 patent, with pre-judgment and post-judgment interest, including profits lost as a result of infringement of the 448 patent, and enhancing such damages due to the willfulness of the infringement, in accordance with 35 U.S.C. 284; G. That this action be declared as exceptional under 35 U.S.C. 285 and that

Plaintiffs be awarded their attorneys fees, costs, and expenses; and

H.

That Plaintiffs be awarded such other and further relief as this Court deems

proper and just. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury of all issues properly triable to a jury in this case.

Respectfully submitted this 20th day of December, 2013, Bakos & Kritzer Attorneys for the Plaintiffs: Tristar Products, Inc. and Ragner Technology Corp.

Edward P. Bakos (ebakos@bakoskritzer.com) Noam J. Kritzer (nkritzer@bakoskritzer.com) Bakos & Kritzer 147 Columbia Turnpike Florham Park, New Jersey 07932 Telephone: 908-273-0770 Facsimile: 973-520-8260 EPB- 0778 NJK- 6122

CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2 Plaintiffs, by their undersigned counsel, hereby certify pursuant to Local Civil Rule 11.2 that the matters in controversy are not the subject of any other action pending in any other court or of any other pending arbitration or administrative proceeding.

Respectfully submitted this 20th day of December, 2013, Bakos & Kritzer Attorneys for the Plaintiffs: Tristar Products, Inc. and Ragner Technology Corp.

Edward P. Bakos (ebakos@bakoskritzer.com) Noam J. Kritzer (nkritzer@bakoskritzer.com) Bakos & Kritzer 147 Columbia Turnpike Florham Park, New Jersey 07932 Telephone: 908-273-0770 Facsimile: 973-520-8260 EPB- 0778 NJK- 6122

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CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 201.1 Plaintiffs, by their undersigned counsel, hereby certify pursuant to Local Civil Rule 201.1 that, in addition to monetary damages greater than $150,000, Plaintiffs seek injunctive relief, and therefore this action is not appropriate for compulsory arbitration.

Respectfully submitted this 20th day of December, 2013, Bakos & Kritzer Attorneys for the Plaintiffs: Tristar Products, Inc. and Ragner Technology Corp.

Edward P. Bakos (ebakos@bakoskritzer.com) Noam J. Kritzer (nkritzer@bakoskritzer.com) Bakos & Kritzer 147 Columbia Turnpike Florham Park, New Jersey 07932 Telephone: 908-273-0770 Facsimile: 973-520-8260 EPB- 0778 NJK- 6122

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