IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ) 485 Railroad Avenue ) Camp Hill,

Pennsylvania 17011, ) ) Civil Action No. ____________ Plaintiff, ) ) v. ) ) VALLEY INDUSTRIES ) Electronically Filed CORPORATION ) 7500 Jefferson Street ) Paramount, California 90723, ) ) Defendant. ) ____________________________________________________________ COMPLAINT FOR PATENT INFRINGEMENT ____________________________________________________________ Plaintiff, Ames True Temper, Inc. (ATTI) files its Complaint against Defendant, Valley Industries Corporation (Valley Industries) as follows: NATURE OF THE ACTION AND SUBJECT MATTER JURISDICTION 1. This is an action for patent infringement, arising under the Patent AMES TRUE TEMPER, INC.

Laws of the United States 35 U.S.C. 1 et seq., and in particular arising under 35 U.S.C. 271. This Court has subject matter jurisdiction over this action pursuant to 35 U.S.C. 281 and 28 U.S.C. 1331, 1332 and 1338(a) because this action arises under the laws of the United States and an Act of Congress relating to patents and because the matter in
{L0544282.1}

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controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between citizens of different states. PARTIES 2. ATTI is a corporation organized and existing under the laws of the

State of Delaware with its principal place of business located at 465 Railroad Avenue, Camp Hill, Pennsylvania 17011. 3. Valley Industries is a corporation organized under the laws of the

State of California with its principal place of business located at 7500 Jefferson Street, Paramount, California 90723. PERSONAL JURISDICTION AND VENUE 4. Valley Industries is subject to personal jurisdiction in this Court

pursuant to 42 Pa.C.S. 5322 because Valley Industries transacts business within the Commonwealth of Pennsylvania including the importing, offering for sale, sale and/or use of infringing products and other acts of patent infringement. 5. Venue over this action is proper in this Court pursuant to 28 U.S.C.

1391(b) and 1400(b) because this Judicial District is a judicial district in which a substantial part of the events giving arise to the claims asserted herein occurred, because Valley Industries is subject to personal

jurisdiction and therefore resides within this Judicial District and because,

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upon information and belief, Valley Industries has committed acts of patent infringement within this Judicial District. PATENT NO. 6,824,180 6. On November 30, 2004, United States Patent No. 6,824,180 (the

180 Patent) was duly and validly issued to Michael Tomchak for a quick connect tool assembly which provides a male component including a pair of resilient arms defining outwardly facing teeth and a female component having a socket with inwardly facing teeth. The inwardly facing teeth of the female component are dimensioned and configured to engage the outwardly facing teeth of the male component to thereby resist removal of the male connector from the socket. A true and correct copy of the 180 Patent is attached to this Complaint as Exhibit A and is incorporated herein by this reference. 7. Through an assignment from Michael Tomchak to ATTI, ATTI is

the owner of the 180 Patent, the 180 Patent is currently subsisting and ATTI is the real party in interest with the right to seek the relief requested in this Complaint. INFRINGEMENT BY VALLEY INDUSTRIES 8. Valley Industries, without authorization from ATTI, has been and is

engaged in making and/or importing into the United States, infringing tools,

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including a snow shovel (Item # GTSHSN-52) having a quick connect connection between the handle and the shovel tool portion and in this Judicial District and elsewhere in the United States, offering for sale, selling or using those tools which infringe the inventions set forth in one or more of the claims of the 180 Patent, and/or is contributing and/or is actively inducing the importation, making, offering for sale, selling or use of tools which infringe the inventions of one or more of the claims of the 180 Patent, and thus is presently infringing and has in the past been infringing the 180 Patent in violation of 35 U.S.C. 271(a), (b) and/or (c). 9. The infringement of the 180 Patent by Valley Industries has been

willful and deliberate and in conscious disregard for ATTIs patent rights. 10. As a consequence of the foregoing, Valley Industries has caused

and is continuing to cause damage to ATTI and, unless such acts are enjoined by the Court, Valley Industries will continue to cause irreparable harm to ATTI for which there is no adequate remedy at law and for which ATTI is also entitled to injunctive relief under 35 U.S.C. 283. WHEREFORE, ATTI prays for relief as follows: A. That the Court adjudge that Valley Industries has

infringed one or more claims of the 180 Patent;

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B.

That the Court adjudge that the infringement by Valley

Industries has been willful; C. That the Court award ATTI its damages in accordance

with 35 U.S.C. 284, and increase those damages up to three (3) times by reason of the willful infringement; D. this action; E. That the Court declare this to be an exceptional case That the Court award ATTI its costs in connection with

within the meaning of 35 U.S.C. 285, and award ATTI its reasonable attorneys fees, expenses and costs of this action; F. That the Court preliminary and permanently enjoin Valley

Industries and its officers, agents, servants, employees, attorneys and those persons in active concert or participation with them who receive actual notice hereof by personal service or otherwise, from committing further acts of infringement of the 180 Patent; and

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G.

That the Court award ATTI such other and further relief as

the Court deems just and proper. Respectfully submitted, /s/ Mark E. Gebauer Mark E. Gebauer, Esq. Pa. I.D. No. 79646 Eckert Seamans Cherin & Mellott LLC 213 Market Street, 8th Floor Harrisburg, PA 17101 Phone: 717-237-6052 Fax: 717-237-6019 Email: mgebauer@eckertseamans.com Mark A. Willard, Esq. Pa. I.D. No. 18103 David V. Radack, Esq. Pa. I.D. No. 39633 Eckert Seamans Cherin & Mellott LLC 600 Grant Street, 44th Floor Pittsburgh, PA 15219 Phone: 412-566-6000 Fax: 412-566-6099 Email: mwillard@eckertseamans.com dradack@eckertseamans.com Attorneys for Ames True Temper, Inc. Dated: 07 February 2014

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