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Jeffrey D. Wexler, State Bar No. 132256 MCKENNA LONG & ALDRIDGE LLP 300 South Grand Avenue, 14th Floor Los Angeles, CA 90071 Telephone: 213.688.1000 Facsimile: 213.452.8029 Email: jwexler@mckennalong.com Aaron L. Webb (pro hac vice application pending) William J. Utermohlen (pro hac vice application pending) OLIFF PLC 277 South Washington Street, Suite 500 Alexandria, Virginia 22314 Telephone: 703.836.6400 Facsimile: 703.836.2787 E-mail: awebb@oliff.com wutermohlen@oliff.com Attorneys for Plaintiffs Radiall S.A. and Radiall USA, Inc. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA RADIALL S.A., a French corporation, and RADIALL USA, INC., an Arizona corporation, Plaintiffs, v. GLENAIR, INC., a California corporation, Defendant. __________________________________ Case No.: COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL

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Plaintiffs Radiall S.A. and Radiall USA, Inc. ("Plaintiffs" or collectively "Radiall") allege as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement, trademark infringement and unfair competition arising under 35 U.S.C. 271 and 15 U.S.C. 1114 & 1125(a). 2. The Court has federal question jurisdiction under 28 U.S.C. 1331 and 1338 and 15 U.S.C. 1121 over the First, Second, Third, and Fourth Claims for Relief for federal patent infringement, federal trademark infringement and unfair competition because such claims arise under federal law. The Court has federal question jurisdiction over the Fifth and Sixth Claims for Relief under California statutory and common law under 28 U.S.C. 1338(b) because such claims are joined with a substantial and related claim under the Lanham Act and under 28 U.S.C. 1367 as a matter of supplemental jurisdiction. 3. This Court has personal jurisdiction over Defendant Glenair, Inc. ("Glenair"). In particular, on information and belief, Glenair maintains continuous and systematic contacts with this jurisdiction, and has purposely availed itself of the privilege of conducting activities in this jurisdiction at least by: (1) setting up and maintaining its company headquarters in this District, (2) manufacturing, selling, offering for sale, supplying, and causing to be supplied products from and in this District, including those products that infringe Radiall's patent and products marketed using Radiall's trademarks, and (3) incorporating in the state of California. 4. Venue is proper in this District under 28 U.S.C. 1391(b) and (c) and 1400(b). THE PARTIES 5. Plaintiff Radiall S.A. is a corporation organized under the laws of France, located and doing business at 25, Rue Madeleine Vionnet 93300 Aubervilliers, France. 1

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6. Plaintiff Radiall USA, Inc. is a wholly owned subsidiary corporation of Radiall S.A., and is incorporated under the laws of Arizona with a principal place of business at 8950 S. 52nd St., Suite 401, Tempe, AZ 85284. 7. Upon information and belief, Defendant Glenair is a privately-held corporation that is incorporated under the laws of California with a principal place of business at 1211 Air Way, Glendale, CA 91201. FACTUAL BACKGROUND 8. Radiall is a worldwide market leader in manufacturing and supplying high-reliability interconnect components for numerous industries, including aerospace, defense, industrial, medical, and telecommunications. 9. Radiall S.A. is the assignee and sole and exclusive owner of all right, title and interest in United States Patent No. 7,384,312 ("312 Patent"), issued on June 10, 2008 and entitled "Multi-Contact Connector." A true and correct copy of the 312 Patent is attached hereto as Exhibit A. 10. Since at least about 1987, Radiall has been using EPX or EPXB as trademarks for "modular rectangular electrical connectors." Radiall has used these marks in connection with numerous connector products, which include the registration symbol "." 11. Radiall's EPX and EPXB marks have become widely known among persons active in connector-related industries. 12. Radiall USA, Inc. owns U.S. Trademark Registration No. 3,201,445, issued January 23, 2007, for the mark EPX, and U.S. Trademark Registration No. 3,264,548, issued July 17, 2007, for the mark EPXB, both for connectors. True and correct copies of the registration certificates are attached hereto collectively as Exhibit B. Affidavits under Section 15 of the Trademark Act have been submitted to and acknowledged by the United States Patent & Trademark Office for these registrations, giving the trademarks incontestable status under 15 U.S.C. 1065. 2

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13. Upon information and belief, Glenair manufactures, offers for sale and sells electrical connectors to customers located both within and outside of the United States, including customers in the aerospace industry. FIRST CLAIM FOR RELIEF (Induced Infringement of U.S. Patent No. 7,384,312) 14. Radiall realleges and incorporates by reference the allegations set forth in paragraphs 1-13. 15. Upon information and belief, since at least about January 2013, Glenair has been making, selling and offering for sale, and continues to make, sell and offer for sale modular rectangular electrical connectors, including those branded as "Series 20 Super-Twin," at least the use of which infringes one or more claims of the 312 Patent. Upon information and belief, Glenair has offered for sale and/or sold these infringing connectors to customers, including but not limited to Bombardier Aerospace, an airframe manufacturer. Upon information and belief, Glenair has provided samples of its infringing connectors to its customers for evaluation and testing, and continues to provide connector samples and supporting materials and information as needed. 16. Through materials published on its website, Glenair has promoted at least three designs of these modular rectangular electrical connectors, each of which has a removable shielding cap and is designed to be used with electrical cables that are secured or attached to the connector with a clamping fitting such as a band, tie, or cable. When used with a clamping fitting to secure the electrical cables, these connector designs, including those marketed as Series 20 Super-Twin, would infringe claims of the 312 Patent, including at least one of claims 2, 3, 7-11, 16 and 17. In particular, in the aircraft industry, a standard design rule is to attach the cables to the connector near the rear of the connector, and a user of Glenair's infringing connector in aircraft applications would use a clamping fitting to secure or attach the cables to Glenair's connector. 3

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17. Glenair's marketing materials confirm that a clamping fitting is used with its connectors. One of Glenair's QwikConnect brochures that is available on Glenair's website characterizes the Series 20 Super-Twin connectors as having an "innovative clamshell and banding porch design" and a "lightweight composite shell with integral strain relief/banding porch." A "banding porch" is the connector portion where the cables are secured by tensioning a band or collar around the cables and at least part of the porch. Such a fitting is necessary to provide strain relief for the cables when the cables are moved during installation or use. Upon information and belief, all intended and practical uses of Glenair's Series 20 SuperTwin connectors and other Glenair modular rectangular electrical connectors, require the user to secure the cables to the connector with a clamping fitting such as a band or collar. 18. Glenair has had knowledge of the 312 Patent since at least as early as December 19, 2013, when Radiall advised Glenair that any use, manufacture, sale, offer for sale, importation or exportation of its Series 20 Super-Twin connectors would constitute acts of infringement under 35 U.S.C. 271. 19. Upon information and belief, Glenair has knowingly and actively induced and continues to induce infringement of the 312 Patent claims under at least 35 U.S.C. 271(b) or 271(f)(1) by selling, offering for sale, providing support, information, and materials for such sales and offers for sale, and/or supplying Series 20 Super-Twin electrical connectors, since the only reasonable use of the connectors would infringe claims of the 312 Patent, and because Glenair encourages and instructs its customers to secure or attach the cables to the connector with a clamping fitting by marketing the "integral strain relief/banding porch" feature of the Series 20 Super-Twin electrical connectors. 20. As a direct and proximate consequence of Glenair's infringement of the 312 Patent, Radiall has suffered damages in an amount to be determined at trial. Radiall has no adequate remedy at law against Glenair's acts of infringement and, 4

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unless Glenair is enjoined from its infringement of the 312 Patent, Radiall will suffer irreparable harm. SECOND CLAIM FOR RELIEF (Contributory Infringement of U.S. Patent No. 7,384,312) 21. Radiall realleges and incorporates by reference the allegations set forth in paragraphs 1-20 as though fully set forth herein. 22. Upon information and belief, Glenair has knowingly contributed to the infringement, and continues to contribute to the infringement, of the 312 Patent claims under at least 35 U.S.C. 271(c) or 271(f)(2) by selling, offering for sale, and/or supplying electrical connectors especially made and adapted to infringe claims of the 312 Patent when used, and which have no substantial noninfringing uses. 23. As a direct and proximate consequence of Glenair's infringement of the 312 Patent, Radiall has suffered damages in an amount to be determined at trial. Radiall has no adequate remedy at law against Glenair's acts of infringement and, unless Glenair is enjoined from its infringement of the 312 Patent, Radiall will suffer irreparable harm. THIRD CLAIM FOR RELIEF (Trademark Infringement Under 15 U.S.C. 1114) 24. Radiall realleges and incorporates by reference the allegations set forth in paragraphs 1-23 as though fully set forth herein. 25. Glenair has marketed and promoted its electrical connectors, including the Series 20 Super-Twin connectors, by using EPX and EPXB without authorization as both a brand name for its own products and in a misleading way to suggest an association with Radiall's products. 26. In its QwikConnect brochures, Glenair labels its own products using Radiall's EPXB and EPX trademarks, e.g., by labeling one of its electrical 5

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connectors as a "Composite EPXB EMI/RFI banding backshell" and another of its connectors as "EPX Series backshells." 27. In one of its QwikConnect brochures, Glenair uses a heading "EPX Type" over text describing Glenair's Series 20 Super-Twin connectors. In another QwikConnect brochure, Glenair promotes its Series 20 Super-Twin connectors with the heading "Innovative EPX replacement saves weight and assembly time." 28. Glenair's use of EPX and EPXB and its sales or offers for sale of products that have been promoted using the EPX and EPXB trademarks are likely to cause confusion, mistake, or deception in the minds of the public. 29. As a direct and proximate consequence of Glenair's infringement of Radiall's EPX and EPXB registrations, Radiall has suffered, and will continue to suffer, substantial damages in an amount not yet ascertained but to be proven at trial. 30. As a result of Glenair's infringement, Radiall has suffered and continues to suffer irreparable injury, for which Radiall has no adequate remedy at law. Unless Glenair is restrained by this Court from continuing its infringement in violation of 15 U.S.C. 1114, these injuries will continue to accrue. Pursuant to 15 U.S.C. 1116, Radiall is entitled to preliminary and permanent injunctive relief against Glenair's infringement. FOURTH CLAIM FOR RELIEF (Federal Unfair Competition Under 15 U.S.C. 1125(a)) 31. Radiall realleges and incorporates by reference the allegations set forth in paragraphs 1-30 as though fully set forth herein. 32. Glenair's sales or offers for sale of electrical connectors advertised with the marks EPX or EPXB constitute unfair competition under 15 U.S.C. 1125(a), at least because relevant persons are likely to be confused as to the origin or affiliations of such products.

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33. As a direct and proximate consequence of Glenair's unfair competition, Radiall has suffered, and will continue to suffer, substantial damages in an amount not yet ascertained but to be proven at trial. 34. As a result of Glenair's unfair competition, Radiall has suffered and continues to suffer irreparable injury, for which Radiall has no adequate remedy at law. Unless Glenair is restrained by this Court from continuing its unfair competition in violation of 15 U.S.C. 1125, these injuries will continue to accrue. Pursuant to 15 U.S.C. 1116, Radiall is entitled to preliminary and permanent injunctive relief against Glenair's unfair competition. FIFTH CLAIM FOR RELIEF (Common Law Trademark Infringement and Unfair Competition) 35. Radiall realleges and incorporates by reference the allegations set forth in paragraphs 1-34 as though fully set forth herein. 36. Glenair's sales or offers for sale of electrical connectors advertised with the marks EPX or EPXB constitute trademark infringement and/or unfair competition actionable under the common law, violative of Radiall's rights, at least because relevant persons are likely to be confused as to the origin or affiliations of such products. 37. As a direct and proximate consequence of Glenair's infringement and unfair competition, Radiall has suffered, and will continue to suffer, substantial damages in an amount not yet ascertained but to be proven at trial. 38. As a result of Glenair's infringement and unfair competition, Radiall has suffered and continues to suffer irreparable injury, for which Radiall has no adequate remedy at law. Unless Glenair is restrained by this Court from continuing its infringement and unfair competition, these injuries will continue to accrue. Radiall is entitled to preliminary and permanent injunctive relief against Glenair infringement and unfair competition. 7

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SIXTH CLAIM FOR RELIEF (Violation of Radiall's Rights Under Cal. Bus. & Prof. Code 17200 et seq.) 39. Radiall realleges and incorporates by reference the allegations set forth in paragraphs 1-38 as though fully set forth herein. 40. Glenair's sales or offers for sale of electrical connectors advertised with the marks EPX or EPXB are unfair, unlawful, and fraudulent and therefore constitute unfair competition within the meaning of Cal. Bus. & Prof. Code 17200 et seq., violative of Radiall's rights, at least because relevant persons are likely to be confused as to the origin or affiliations of such products. 41. As a result of Glenair's statutory unfair competition, Radiall has suffered and continues to suffer irreparable injury, for which Radiall has no adequate remedy at law. Unless Glenair is restrained by this Court from continuing its statutory unfair competition in violation of Cal. Bus. & Prof. Code 17200 et seq., these injuries will continue to accrue. Pursuant to Cal. Bus. & Prof. Code 17204, Radiall is entitled to preliminary and permanent injunctive relief against Glenair's statutory unfair competition. PRAYER FOR RELIEF WHEREFORE, Plaintiffs Radiall S.A. and Radiall USA, Inc. respectively request the following relief from this Court: a. A finding that Glenair has infringed the 312 Patent; b. An injunction permanently enjoining Glenair and its officers, agents, servants, employees, affiliates, customers, attorneys, and all persons in active concert or participation with them, from infringing, inducing the infringement of, or contributing to the infringement of the 312 Patent, thereby prohibiting Glenair from making, using, selling, offering for sale, importing, or exporting infringing modular rectangular electrical connectors during the life of 8

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the 312 Patent, including those branded as Series 20 Super-Twin connectors; c. A finding that Glenair has infringed Radiall's rights under its United States Trademark Registrations and common law; d. A finding that Glenair has committed unfair competition within the meaning of 15 U.S.C. 1125(a), California common law and Cal. Bus. & Prof. Code 17200 et seq.; e. An injunction permanently enjoining Glenair and its officers, agents, servants, employees, affiliates, customers, attorneys and all persons in active concert or participation with them, from any further acts of infringement or unfair competition with respect to Radiall's EPX and EPXB trademarks; f. A judgment against Glenair awarding Radiall all damages proven at trial; g. A finding that this case is exceptional, and an award of enhanced damages under 35 U.S.C. 284; h. An award of pre-judgment interest on the damages awarded in this action; i. An award of costs incurred in this action; and j. An award of attorneys fees to the extent allowed by statute, including, without limitation, 15 U.S.C. 1117 and 35 U.S.C. 285; and

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k. Such other and further relief as the Court deems just and

Dated: February 3, 2014

McKENNA LONG & ALDRIDGE LLP Jeffrey D. Wexler OLIFF PLC Aaron L. Webb (pro hac vice app. pending) William J. Utermohlen (pro hac vice app. pending)

By: /s/ Jeffrey D. Wexler Jeffrey D. Wexler Attorneys for Plaintiffs Radiall S.A. and Radiall USA, Inc.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 3, 2014

DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38, Plaintiffs Radiall S.A. and Radiall USA, Inc. demand trial by jury on all issues triable at law. McKENNA LONG & ALDRIDGE LLP Jeffrey D. Wexler OLIFF PLC Aaron L. Webb (pro hac vice app. pending) William J. Utermohlen (pro hac vice app. pending)

By: /s/ Jeffrey D. Wexler Jeffrey D. Wexler Attorneys for Plaintiffs Radiall S.A. and Radiall USA, Inc.

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