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Plaintiff,
Civil Action No.: ______________
v.
JURY TRIAL DEMANDED
KING TECHNOLOGY OF MISSOURI, INC.,
d/b/a KING INNOVATION,
Defendant.
COMPLAINT
Plaintiff Leatherman Tool Group, Inc. (Leatherman) files this Complaint and Jury
Demand against Defendant King Technology of Missouri, Inc., d/b/a King Innovation (King),
1. This is an action for patent infringement arising under the patent laws of the United
States, 35 U.S.C. 1, et seq. Leatherman seeks damages and attorney fees in this action.
THE PARTIES
2. Plaintiff Leatherman Tool Group, Inc. is a corporation organized under the laws of
Oregon, with its principal place of business at 12106 NE Ainsworth Circle, Portland, Oregon
97220.
3. Upon information and belief, Defendant King Technology of Missouri, Inc., d/b/a
King Innovation is a corporation organized under the laws of Missouri, with its principal place of
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4. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331, 1332, and 1338 because this case arises under the patent laws of the United States,
5. This Court has personal jurisdiction over King for at least the following reasons: (i)
King is a corporation organized under the laws of Missouri with its principal place of business in
this District; (ii) King regularly does business or solicits business, engages in other persistent
courses of conduct, and/or derives substantial revenue from the sale of products and/or services
provided to individuals in this District and in this State through at least the distributors of Kings
products located in this District; and (iii) King has purposefully established substantial, systematic,
and continuous contacts with this District and expects or should reasonably expect to be haled into
court in this District. This Courts exercise of jurisdiction over King will not offend traditional
6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400
because King has committed acts of infringement in this judicial district and has a regular and
established place of business in this judicial district. More specifically, Kings principal place of
business is located in this District at 42 N. Central Drive, OFallon, Missouri 63366. In addition,
King has committed acts of infringement in this District by making, importing, offering for sale,
FACTUAL BACKGROUND
I. THE PARTIES
7. Since its founding in 1983, Leatherman has beenand continues to bea leader in
innovation through its development of multi-tools and knives, and the Leatherman brand has
tools and knives, including the Leatherman Wave, which is a multi-tool built around a pair of
pliers, with additional tools, such as knives, screwdrivers, and saws, stored in the handles.
Leatherman was the first company to design this type of innovative, multipurpose tool, and it sells
9. Upon information and belief, King manufactures and sells various products related
to the irrigation, electrical, and utility industries. Among these products is Kings I-tool line of
products, which consists of multi-tools built around a pair of pliers, with additional tools stored in
the handles.
10. Leatherman has obtained multiple patents to protect the functional and ornamental
features of its multi-tools, including its line of multi-tools that are built around a pair of pliers with
11. The 128 Patent was duly and lawfully issued by the United States Patent Office on
March 25, 2008. Leatherman is the lawful owner of all right, title, and interest in and to the 128
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
12. The 128 Patent generally relates to a folding multipurpose hand tool with a tool bit
holder and blade lock. A representative independent claim of the 128 Patent is set forth below:
(a) a handle having an end and a pair of side walls adjacent said end;
(b) a folding tool member attached to said handle at said end and having a base
located adjacent said side wall and movable about a tool pivot, between an extended
position and a folded position;
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(e) a latch support notch defined in each of said side walls of said handle;
(f) a latch engagement notch defined in said base of said folding tool member, said
locking bar being engaged in both of said latch support notches and in said
engagement notch, thereby holding said folding tool member in a selected position
with respect to said tool pivot; said latch pivot including clearance between said
latch lever and said handle to allow said latch lever to move along said side walls
in a direction extending longitudinally along said handle without rotation of said
latch lever about said latch pivot, to a position in which said locking bar is received
snugly in said latch support notches, whereby said latch pivot is substantially
isolated from forces exerted by said folding tool member through said latch
engagement notch; and
(g) said locking bar being selectively removable from said latch engagement notch
by pivoting movement of said latch lever about said latch pivot, in order to release
said folding tool member from said selected position.
13. The 408 Patent was duly and lawfully issued by the United States Patent Office on
August 4, 2009. Leatherman is the lawful owner of all right, title, and interest in and to the 408
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
14. The 408 Patent is a division of the application that became the 128 Patent. Like
the 128 Patent, the 408 Patent generally relates to a folding multipurpose hand tool with a tool
bit holder and blade lock. A representative independent claim of the 128 Patent is set forth below:
(a) a pair of pivotally interconnected first and second tool members, pivotable
relative to each other about a tool pivot joint defining a pivot axis, and each of said
first and second tool members having a respective length, a respective front portion,
and a respective base;
(b) a pair of handles and pair of handle pivot joints, a respective one of said handle
pivot joints connecting each one of the pair of handles to said respective base of a
respective one of said first and second tool members, and each of said first and
second tool members being movable about the respective one of said handle pivot
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joints relative to a respective one of said handles, between respective stowed and
deployed positions;
(c) each of said tool members including an oval hub, said tool pivot joint being
defined by said oval hubs, and said pivot axis being fixedly aligned with and
extending through a central point in each of said oval hubs;
(d) in each of said first and second tool members, the included respective one of
said oval hubs having an overall width extending perpendicular to said respective
length and the included respective one of said oval hubs having a smaller second
overall dimension, in a direction parallel with said respective length; and
(e) said pair of interconnected first and second tool members cooperatively defining
a throat located adjacent said oval hubs and between said tool members, said throat
being located at a distance from said pivot axis that is less than half said overall
width.
15. The 787 Patent was duly and lawfully issued by the United States Patent Office on
January 18, 2000. Leatherman is the lawful owner of all right, title, and interest in and to the 787
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
16. The 128 Patent generally relates to a folding multipurpose hand tool with easily
accessible outer blades. A representative independent claim of the 128 Patent is set forth below:
(b) a pair of handles, each of said handles having a first end attached pivotally to
said base of a respective one of said jaws, each of said handles defining a respective
central channel, and said tool having a folded configuration in which said jaws are
stowed within said central channels and an open configuration in which said jaws
extend away from said handles and said central channels face outwardly away from
each other; and
(c) each of said handles including a pair of side wing portions, each of said side
wing portions defining a respective side trough that is located parallel with and
alongside said respective central channel but facing in an opposite direction, and
wherein each of said handles defines a respective handle-folding pivot axis, one of
said handles having an outer blade mounted thereon and pivotally movable about
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17. The 805 Patent was duly and lawfully issued by the United States Patent Office on
October 10, 2000. Leatherman is the lawful owner of all right, title, and interest in and to the 805
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
18. The 805 Patent is a division of the application that became the 787 Patent. The
805 Patent generally relates to a handle for a multipurpose folding tool. A representative
(a) a unitary main member having a length and first and second ends defining an
elongate central channel having a pair of parallel channel walls interconnected by
a channel base, and a pair of side wing portions each defining a side trough
extending along a respective one of said channel walls outside said central channel,
said central channel facing openly in a first direction and each side trough facing
openly in an opposite second direction;
(b) a pair of oppositely located support flanges each defined as a part of a respective
one of said channel walls adjacent said first end, each of said support flanges
defining a through-hole, said through-holes defining a pivot axis extending
transversely through said handle adjacent said first end; and
(c) a blade locking member defined as an integral part of one of said channel walls.
19. The 301 Patent was duly and lawfully issued by the United States Patent Office on
April 17, 2001. Leatherman is the lawful owner of all right, title, and interest in and to the 301
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
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20. The 301 Patent is a continuation of the application that became the 787 Patent.
Like the 787 Patent, the 301 Patent generally relates to a folding multipurpose tool with easily
accessible outer blades. A representative independent claim of the 301 Patent is set forth below:
(b) a pair of handles, each of said handles defining a handle-folding pivot axis and
having a first end attached to said base of a respective one of said jaws, said first
end being movable about said handle-folding pivot axis, each of said handles
defining a central channel, and said tool having a folded configuration in which
said jaws are stowed within said central channels, and an open configuration in
which said jaws are extended away from said handles and said central channels face
outwardly away from each other;
(c) at least one of said handles including a pair of side wing portions, each of said
side wing portions defining a respective side trough that is located parallel with and
alongside said central channel but facing in an opposite direction with respect to
said central channel, each said side trough having an arcuately convex base outer
surface available as a comfortable hand grip surface when said tool is in said open
configuration; and
(d) said at least one of said handles that includes said pair of side wing portions
having an outer blade mounted thereon and pivotally movable with respect to said
at least one of said handles, between an extended position and a stowed position
within a respective one of said side troughs.
21. The 154 Patent was duly and lawfully issued by the United States Patent Office on
February 22, 2005. Leatherman is the lawful owner of all right, title, and interest in and to the
154 Patent, including the right to sue for and recover for infringement thereof. A true and correct
continuation of the application that became the 301 Patent. Like the 301 Patent, the 154 Patent
generally relates to a folding multipurpose tool with easily accessible outer blades. A
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(b) a pair of handles, at least one of said pair of handles having a first end attached
pivotally to said base of a respective one of said cooperatively functional members,
said one of said handles defining a central channel, and said tool having a folded
configuration in which said cooperatively functional members are stowed at least
partially within said central channel, and an open configuration in which said
cooperatively functional members are extended away from said handles and said
central channel faces outwardly away from the other of said pair of handles; and
(c) at least said one of said handles including a pair of side wing portions, each of
said side wing portions defining a respective side trough that is located parallel with
and alongside said central channel but facing in an opposite direction with respect
to said central channel, each said side trough having an arcuately convex base outer
surface available as a comfortable hand grip surface when said tool is in said open
configuration.
23. The 922 Patent was duly and lawfully issued by the United States Patent Office on
April 4, 2006. Leatherman is the lawful owner of all right, title, and interest in and to the 922
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
24. The 922 Patent is a continuation of the application that became the 154 Patent.
Like the 154 Patent, the 922 Patent generally relates to a folding multipurpose tool with easily
accessible outer blades. A representative independent claim of the 922 Patent is set forth below:
(b) a pair of handles, at least one of said pair of handles having a first end attached
pivotally to said base of a respective one of said cooperatively functional members,
said one of said handles defining a central channel having a pair of channel walls,
and said tool having a folded configuration, in which said cooperatively functional
members are stowed at least partially within said central channel, and an open
configuration, in which said cooperatively functional members are extended away
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from said handles and said central channel faces outwardly away from the other of
said pair of handles; and
(c) at least said one of said handles including a pair of side wing portions, each of
said side wing portions extending outwardly away from said channel walls of said
central channel and being curved arcuately, extending thence parallel with and
alongside a respective one of said channel walls of said central channel, each said
side wing portion thus having an arcuately convex outer surface available as a
comfortable hand grip surface when said tool is in said open configuration.
25. The 790 Patent was duly and lawfully issued by the United States Patent Office on
November 2, 2004. Leatherman is the lawful owner of all right, title, and interest in and to the
790 Patent, including the right to sue for and recover for infringement thereof. A true and correct
26. The 790 Patent claims an ornamental design for a folding multipurpose hand tool.
27. The 621 Patent was duly and lawfully issued by the United States Patent Office on
December 14, 2004. Leatherman is the lawful owner of all right, title, and interest in and to the
621 Patent, including the right to sue for and recover for infringement thereof. A true and correct
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28. The 621 Patent claims an ornamental design for a hub portion of a pair of jaws for
29. Upon information and belief, King currently manufactures and sells at least one
multipurpose folding tool built around a pair of pliers, with additional tools stored in the handles,
which it has branded I-tool. A picture of the I-tool product taken from Kings website is below:
30. The functional design of Kings I-tool product is virtually identical to Leathermans
patented multi-tools, including its Leatherman Wave multi-tool. The I-tool infringes multiple
claims of all of the 128, 408, 787, 805, 301, 154, and 922 Patents because the I-tool contains
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31. In addition, the ornamental design of Kings I-tool product is substantially similar
to the ornamental designs claimed in the 790 and 621 Patents, and an ordinary observer would
be deceived into thinking that the design of the I-tool is the same as the patented designs.
32. On May 5, 2017, Leatherman sent a letter to the President of King, Frank Vlasaty,
informing him of Kings infringement of the Asserted Patents and demanding that King cease
making, using, offering to sell, selling, and importing into the United States the I-tool product and
agree to pay Leatherman damages that it sustained as a result of Kings infringement. King refused
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,347,128
33. Leatherman incorporates herein by reference each and every allegation contained in
34. Upon information and belief, King has directly infringed and continues to directly
infringe at least claims 1 and 8 of the 128 Patent, either literally or under the doctrine of
equivalents, by making, using, selling, and/or offering to sell the I-tool product in the United States.
35. Kings infringement is willful and deliberate. King has had knowledge of the 128
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
36. Leatherman has sustained damages as a result of Kings past and continuing
37. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 128 Patent, and Kings infringing activities will continue unless
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infringement, a permanent injunction barring King from continuing to infringe the 128 Patent,
and its attorney fees and costs associated with this action.
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 7,568,408
39. Leatherman incorporates herein by reference each and every allegation contained
40. Upon information and belief, King has directly infringed and continues to directly
infringe at least claim 1 of the 408 Patent, either literally or under the doctrine of equivalents, by
making, using, selling, and/or offering to sell the I-tool product in the United States.
41. Kings infringement is willful and deliberate. King has had knowledge of the 408
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
42. Leatherman has sustained damages as a result of Kings past and continuing
43. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 408 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 408 Patent,
and its attorney fees and costs associated with this action.
COUNT III
INFRINGEMENT OF U.S. PATENT NO. 6,014,787
45. Leatherman incorporates herein by reference each and every allegation contained
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46. Upon information and belief, King has directly infringed and continues to directly
infringe at least claims 1 and 27 of the 787 Patent, either literally or under the doctrine of
equivalents, by making, using, selling, and/or offering to sell the I-tool product in the United States.
47. Kings infringement is willful and deliberate. King has had knowledge of the 787
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
48. Leatherman has sustained damages as a result of Kings past and continuing
49. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 787 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 787 Patent,
and its attorney fees and costs associated with this action.
COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 6,128,805
51. Leatherman incorporates herein by reference each and every allegation contained
52. Upon information and belief, King has directly infringed and continues to directly
infringe at least claim 1 of the 805 Patent, either literally or under the doctrine of equivalents, by
making, using, selling, and/or offering to sell the I-tool product in the United States.
53. Kings infringement is willful and deliberate. King has had knowledge of the 805
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
54. Leatherman has sustained damages as a result of Kings past and continuing
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55. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 805 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 805 Patent,
and its attorney fees and costs associated with this action.
COUNT V
INFRINGEMENT OF U.S. PATENT NO. 6,216,301
57. Leatherman incorporates herein by reference each and every allegation contained
58. Upon information and belief, King has directly infringed and continues to directly
infringe at least claims 1-2, 18, and 24-26 of the 301 Patent, either literally or under the doctrine
of equivalents, by making, using, selling, and/or offering to sell the I-tool product in the United
States.
59. Kings infringement is willful and deliberate. King has had knowledge of the 301
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
60. Leatherman has sustained damages as a result of Kings past and continuing
61. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 301 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 301 Patent,
and its attorney fees and costs associated with this action.
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COUNT VI
INFRINGEMENT OF U.S. PATENT NO. 6,857,154
63. Leatherman incorporates herein by reference each and every allegation contained
64. Upon information and belief, King has directly infringed and continues to directly
infringe at least claim 1 of the 154 Patent, either literally or under the doctrine of equivalents, by
making, using, selling, and/or offering to sell the I-tool product in the United States.
65. Kings infringement is willful and deliberate. King has had knowledge of the 154
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
66. Leatherman has sustained damages as a result of Kings past and continuing
67. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 154 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 154 Patent,
and its attorney fees and costs associated with this action.
COUNT VII
INFRINGEMENT OF U.S. PATENT NO. 7,020,922
69. Leatherman incorporates herein by reference each and every allegation contained
70. Upon information and belief, King has directly infringed and continues to directly
infringe at least claim 1 of the 922 Patent, either literally or under the doctrine of equivalents, by
making, using, selling, and/or offering to sell the I-tool product in the United States.
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71. Kings infringement is willful and deliberate. King has had knowledge of the 922
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
72. Leatherman has sustained damages as a result of Kings past and continuing
73. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 922 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 922 Patent,
and its attorney fees and costs associated with this action.
COUNT VIII
INFRINGEMENT OF U.S. DESIGN PATENT NO. D497,790
75. Leatherman incorporates herein by reference each and every allegation contained
76. Upon information and belief, King has directly infringed and continues to directly
infringe the claim of the 790 Patent by making, using, selling, and/or offering to sell the I-tool
77. Kings infringement is willful and deliberate. King has had knowledge of the 790
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
78. Leatherman has sustained damages as a result of Kings past and continuing
79. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 790 Patent, and Kings infringing activities will continue unless
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infringement, a permanent injunction barring King from continuing to infringe the 790 Patent,
and its attorney fees and costs associated with this action.
COUNT IX
INFRINGEMENT OF U.S. DESIGN PATENT NO. D499,621
81. Leatherman incorporates herein by reference each and every allegation contained
82. Upon information and belief, King has directly infringed and continues to directly
infringe the claim of the 621 Patent by making, using, selling, and/or offering to sell the I-tool
83. Kings infringement is willful and deliberate. King has had knowledge of the 621
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
84. Leatherman has sustained damages as a result of Kings past and continuing
85. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 621 Patent, and Kings infringing activities will continue unless
infringement, a permanent injunction barring King from continuing to infringe the 621 Patent,
and its attorney fees and costs associated with this action.
Leatherman requests a trial by jury of all issues so triable pursuant to Rule 38 of the Federal
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a) For a judgment in favor of Leatherman that King has infringed the 128 Patent,
b) For a judgment in favor of Leatherman that King has infringed the 408 Patent,
c) For a judgment in favor of Leatherman that King has infringed the 787 Patent,
d) For a judgment in favor of Leatherman that King has infringed the 805 Patent,
e) For a judgment in favor of Leatherman that King has infringed the 301 Patent,
f) For a judgment in favor of Leatherman that King has infringed the 154 Patent,
g) For a judgment in favor of Leatherman that King has infringed the 922 Patent,
h) For a judgment in favor of Leatherman that King has infringed the 790 Patent, as
described herein;
i) For a judgment in favor of Leatherman that King has infringed the 621 Patent, as
described herein;
for Kings infringement of the 128, 408, 787, 805, 301, 154, and 922 Patents,
but under no circumstances an amount less than a reasonable royalty for Kings
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k) For an award of the total profit made by King from its infringement of the 790
l) For an order under 35 U.S.C. 283 permanently enjoining King from continuing
to make, use, sell, or offer to sell the I-tool product in the United States;
n) For an award to Leatherman of its reasonable attorney fees and full costs;
o) For an order declaring that Kings infringement was willful and an award of treble
p) For such further relief as the Court may deem just and appropriate.
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Of Counsel:
Michael S. Connor
Richard M. McDermott
ALSTON & BIRD LLP
Bank of America Plaza
101 South Tryon Street
Suite 4000
Charlotte, NC 28280-4000
Phone: (704) 444-1000
Fax: (704) 444-1111
mike.connor@alston.com
Lindsey Yeargin
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Suite 4900
Atlanta, GA 30309-3424
Phone: (404) 881-7000
Fax: (404) 881-7777
lindsey.yeargin@alston.com
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EXHIBIT A
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Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 26 of 34 PageID #: 46
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 27 of 34 PageID #: 47
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 28 of 34 PageID #: 48
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 29 of 34 PageID #: 49
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 30 of 34 PageID #: 50
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 31 of 34 PageID #: 51
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 32 of 34 PageID #: 52
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 33 of 34 PageID #: 53
Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 34 of 34 PageID #: 54
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 1 of 33 PageID #: 55
EXHIBIT B
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 2 of 33 PageID #: 56
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 3 of 33 PageID #: 57
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 4 of 33 PageID #: 58
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 5 of 33 PageID #: 59
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 6 of 33 PageID #: 60
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 7 of 33 PageID #: 61
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 8 of 33 PageID #: 62
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 9 of 33 PageID #: 63
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 10 of 33 PageID #: 64
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 11 of 33 PageID #: 65
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 12 of 33 PageID #: 66
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 13 of 33 PageID #: 67
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 14 of 33 PageID #: 68
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 15 of 33 PageID #: 69
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 16 of 33 PageID #: 70
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 17 of 33 PageID #: 71
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 18 of 33 PageID #: 72
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 19 of 33 PageID #: 73
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 20 of 33 PageID #: 74
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 21 of 33 PageID #: 75
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 22 of 33 PageID #: 76
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 23 of 33 PageID #: 77
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 24 of 33 PageID #: 78
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 25 of 33 PageID #: 79
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 26 of 33 PageID #: 80
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 27 of 33 PageID #: 81
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 28 of 33 PageID #: 82
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 29 of 33 PageID #: 83
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 30 of 33 PageID #: 84
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 31 of 33 PageID #: 85
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 32 of 33 PageID #: 86
Case: 4:17-cv-02273 Doc. #: 1-2 Filed: 08/18/17 Page: 33 of 33 PageID #: 87
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 1 of 16 PageID #: 88
EXHIBIT C
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 2 of 16 PageID #: 89
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 3 of 16 PageID #: 90
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 4 of 16 PageID #: 91
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 5 of 16 PageID #: 92
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 6 of 16 PageID #: 93
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 7 of 16 PageID #: 94
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 8 of 16 PageID #: 95
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 9 of 16 PageID #: 96
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 10 of 16 PageID #: 97
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 11 of 16 PageID #: 98
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 12 of 16 PageID #: 99
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 13 of 16 PageID #: 100
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 14 of 16 PageID #: 101
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 15 of 16 PageID #: 102
Case: 4:17-cv-02273 Doc. #: 1-3 Filed: 08/18/17 Page: 16 of 16 PageID #: 103
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 1 of 14 PageID #: 104
EXHIBIT D
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 2 of 14 PageID #: 105
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 3 of 14 PageID #: 106
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 4 of 14 PageID #: 107
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 5 of 14 PageID #: 108
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 6 of 14 PageID #: 109
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 7 of 14 PageID #: 110
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 8 of 14 PageID #: 111
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 9 of 14 PageID #: 112
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 10 of 14 PageID #: 113
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 11 of 14 PageID #: 114
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 12 of 14 PageID #: 115
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 13 of 14 PageID #: 116
Case: 4:17-cv-02273 Doc. #: 1-4 Filed: 08/18/17 Page: 14 of 14 PageID #: 117
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 1 of 18 PageID #: 118
EXHIBIT E
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 2 of 18 PageID #: 119
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 3 of 18 PageID #: 120
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 4 of 18 PageID #: 121
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 5 of 18 PageID #: 122
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 6 of 18 PageID #: 123
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 7 of 18 PageID #: 124
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 8 of 18 PageID #: 125
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 9 of 18 PageID #: 126
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 10 of 18 PageID #: 127
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 11 of 18 PageID #: 128
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 12 of 18 PageID #: 129
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 13 of 18 PageID #: 130
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 14 of 18 PageID #: 131
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 15 of 18 PageID #: 132
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 16 of 18 PageID #: 133
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 17 of 18 PageID #: 134
Case: 4:17-cv-02273 Doc. #: 1-5 Filed: 08/18/17 Page: 18 of 18 PageID #: 135
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 1 of 16 PageID #: 136
EXHIBIT F
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 2 of 16 PageID #: 137
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 3 of 16 PageID #: 138
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 4 of 16 PageID #: 139
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 5 of 16 PageID #: 140
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 6 of 16 PageID #: 141
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 7 of 16 PageID #: 142
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 8 of 16 PageID #: 143
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 9 of 16 PageID #: 144
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 10 of 16 PageID #: 145
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 11 of 16 PageID #: 146
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 12 of 16 PageID #: 147
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 13 of 16 PageID #: 148
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 14 of 16 PageID #: 149
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 15 of 16 PageID #: 150
Case: 4:17-cv-02273 Doc. #: 1-6 Filed: 08/18/17 Page: 16 of 16 PageID #: 151
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 1 of 15 PageID #: 152
EXHIBIT G
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 2 of 15 PageID #: 153
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 3 of 15 PageID #: 154
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 4 of 15 PageID #: 155
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 5 of 15 PageID #: 156
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 6 of 15 PageID #: 157
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 7 of 15 PageID #: 158
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 8 of 15 PageID #: 159
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 9 of 15 PageID #: 160
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 10 of 15 PageID #: 161
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 11 of 15 PageID #: 162
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 12 of 15 PageID #: 163
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 13 of 15 PageID #: 164
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 14 of 15 PageID #: 165
Case: 4:17-cv-02273 Doc. #: 1-7 Filed: 08/18/17 Page: 15 of 15 PageID #: 166
Case: 4:17-cv-02273 Doc. #: 1-8 Filed: 08/18/17 Page: 1 of 5 PageID #: 167
EXHIBIT H
Case: 4:17-cv-02273 Doc. #: 1-8 Filed: 08/18/17 Page: 2 of 5 PageID #: 168
Case: 4:17-cv-02273 Doc. #: 1-8 Filed: 08/18/17 Page: 3 of 5 PageID #: 169
Case: 4:17-cv-02273 Doc. #: 1-8 Filed: 08/18/17 Page: 4 of 5 PageID #: 170
Case: 4:17-cv-02273 Doc. #: 1-8 Filed: 08/18/17 Page: 5 of 5 PageID #: 171
Case: 4:17-cv-02273 Doc. #: 1-9 Filed: 08/18/17 Page: 1 of 5 PageID #: 172
EXHIBIT I
Case: 4:17-cv-02273 Doc. #: 1-9 Filed: 08/18/17 Page: 2 of 5 PageID #: 173
Case: 4:17-cv-02273 Doc. #: 1-9 Filed: 08/18/17 Page: 3 of 5 PageID #: 174
Case: 4:17-cv-02273 Doc. #: 1-9 Filed: 08/18/17 Page: 4 of 5 PageID #: 175
Case: 4:17-cv-02273 Doc. #: 1-9 Filed: 08/18/17 Page: 5 of 5 PageID #: 176
Case: 4:17-cv-02273 Doc. #: 1-10 Filed: 08/18/17 Page: 1 of 2 PageID #: 177
Case: 4:17-cv-02273 Doc. #: 1-10 Filed: 08/18/17 Page: 2 of 2 PageID #: 178
JS 44 Reverse (Rev 06/17)
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case: 4:17-cv-02273 Doc. #: 1-11 Filed: 08/18/17 Page: 1 of 1 PageID #: 179
The undersigned affirms that the information provided above is true and correct.
To: (Defendants name and address) King Technology of Missouri, Inc. d/b/a King Innovation
42 N. Central Drive, O'Fallon, Missouri 63366
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: James. F. Bennett
John J. Rehmann, II
Dowd Bennett LLP
7733 Forsyth Blvd Suite 1900
St. Louis, MO 63105
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case: 4:17-cv-02273 Doc. #: 1-12 Filed: 08/18/17 Page: 2 of 2 PageID #: 181
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
" I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Servers signature
Servers address