IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT Of PENNSYLVANIA ) ) ) ) Civil Action No.

) ) ) JURY TRIAL DEMANDED ) ) ) ) ) COMPLAINT Plaintiff Woodlark Circle, Inc. alleges as its complaint and petition for relief against Defendant EZ Way, Inc. as follows: PARTIES 1. Plaintiff Woodlark Circle, Inc. (Woodlark) is a Pennsylvania corporation

WOODLARK CIRCLE, INC. Plaintiff, vs. EZ WAY, INC., Defendant.

having its offices located at 2261 Woodlark Circle Bethlehem, Pennsylvania 18017. 2. Upon information and belief, Defendant EZ Way, Inc. (EZ Way or

Defendant) is an Iowa corporation having its offices located at 710 E. Main Street, PO Box 89, Clarinda, IA 51632. JURISDICTION AND VENUE 3. These claims arise under the Patent Laws of the United States, 35 U.S.C. 101 et

seq., in that each is a claim for infringement of a United States patent. The jurisdiction of this Court is founded upon 28 U.S.C. 1331 and 1338(a).

DM2\2961142.1

4.

This Court has personal jurisdiction over Defendant.

Upon information and

belief, Defendant has transacted business in this judicial district and/or has committed, contributed to, and/or induced acts of patent infringement in this judicial district. 5. 1400(b). COUNT 1: PATENT INFRINGEMENT OF THE 680 PATENT 6. 7. The allegations of paragraphs 1-5 are incorporated herein by reference. Plaintiff Woodlark is the sole owner by assignment of United States Patent No. Venue within this District is proper under 28 U.S.C. 1391(b) and (c) and

7,373,680 (the 680 Patent) which was issued on May 20, 2008, and is entitled Air Mattress With Single Perimeter Seam. A copy of the 680 Patent is attached hereto as Exhibit A. 8. Upon information and belief, Defendant has infringed and, if not enjoined, will

continue to infringe one or more claims of the 680 Patent by performing, without authority, one or more of the following acts: (a) making, using, offering for sale, or selling within the United States the invention as claimed in one or more claims of the 680 Patent, in violation of 35 U.S.C. 271(a); (b) importing into the United States the invention as claimed in one or more claims of the 680 Patent, in violation of 35 U.S.C. 271(a); (c) inducing infringement of one or more claims of the 680 Patent, in violation of 35 U.S.C. 271(b); and/or (d) contributing to the infringement of one or more claims of the 680 Patent, in violation of 35 U.S.C. 271(c) (the acts of infringement of the 680 Patent). 9. Defendants acts of infringement of the 680 Patent include the manufacturing,

using, marketing, offering for sale, and/or selling of reusable, disposable, air-assisted lateral transfer mattresses for laterally transferring and repositioning patients, specifically including but not limited to the EZ Way reusable, disposable lateral transfer mattress, Model No. EMD100.

10.

Defendants infringement of the 680 Patent is willful. Defendant knew of the

680 Patent at least by virtue of markings on Plaintiffs transfer mattresses that include a reference to U.S. Patent No. 7,737,680, and Defendant has knowingly and willfully made, used, offer for sale, imported, and sold products that infringe the 680 Patent after learning of the 680 Patent and without authorization from Woodlark. 11. Upon information and belief, Defendant will continue to infringe the 680 Patent

unless enjoined by this Court. 12. damages. 13. Woodlark is entitled to recover from Defendant the damages sustained by As a result of Defendants infringement, Woodlark has suffered and will suffer

Woodlark as a result of Defendants wrongful acts in an amount subject to proof at trial. COUNT 2: PATENT INFRINGEMENT OF THE 170 PATENT 14. 15. The allegations of paragraphs 6-13 are incorporated herein by reference. Plaintiff Woodlark is the sole owner by assignment of United States Patent No.

7,712,170 (the 170 Patent) which was issued on May 11, 2010, and is entitled Single Patient, Personal Use Air Mattress Having A Single Perimeter Seam. A copy of the 170 Patent is attached hereto as Exhibit B. 16. Upon information and belief, Defendant has infringed and, if not enjoined, will

continue to infringe one or more claims of the 170 Patent by performing, without authority, one or more of the following acts: (a) making, using, offering for sale, or selling within the United States the invention as claimed in one or more claims of the 170 Patent, in violation of 35 U.S.C. 271(a); (b) importing into the United States the invention as claimed in one or more claims of the 170 Patent, in violation of 35 U.S.C. 271(a); (c) inducing infringement of one or

more claims of the 170 Patent, in violation of 35 U.S.C. 271(b); and/or (d) contributing to the infringement of one or more claims of the 170 Patent, in violation of 35 U.S.C. 271(c) (the acts of infringement of the 170 Patent). 17. Defendants acts of infringement of the 170 Patent include the manufacturing,

using, marketing, offering for sale, and/or selling of reusable, disposable, air-assisted lateral transfer mattresses for laterally transferring and repositioning patients, specifically including but not limited to the EZ Way reusable, disposable lateral transfer mattress, Model No. EMD100. 18. Defendants infringement of the 170 Patent is willful. On information and belief,

Defendant knew of the 170 Patent at least by virtue of markings on Plaintiffs transfer mattresses that include a reference to U.S. Patent No. 7,712,170, and Defendant has knowingly and willfully made, used, offer for sale, imported, and sold products that infringe the 170 Patent after learning of the 170 Patent and without authorization from Woodlark. 19. Upon information and belief, Defendant will continue to infringe the 170 Patent

unless enjoined by this Court. 20. damages. 21. Woodlark is entitled to recover from Defendant the damages sustained by As a result of Defendants infringement, Woodlark has suffered and will suffer

Woodlark as a result of Defendants wrongful acts in an amount subject to proof at trial. JURY DEMAND Pursuant to Federal Rule of Civil Procedure 38 and the Seventh Amendment of the United States Constitution, Woodlark hereby demands a jury trial on all issues triable to a jury.

REQUEST FOR RELIEF WHEREFORE, Woodlark petitions this Court and requests that a judgment be entered and relief be granted as follows: A. Declaring that Defendant has infringed the 680 and 170 Patents as alleged

herein (directly, by inducement, and/or contributorily); B. C. Declaring that Defendants infringement of the 680 and 170 Patents is willful; Permanently enjoining, restraining, and prohibiting Defendant, and any party

acting through, for, or in concert with Defendant from further infringing (directly, by inducement, or contributorily) any claim of the 680 and 170 Patents; D. Awarding to Woodlark such monetary or compensatory damages as may be found

or deemed adequate to fully compensate Woodlark for Defendants acts of infringement of the 680 and 170 Patents and/or any other injury suffered by Woodlark due to the Defendants acts of infringement of the 680 and 170 Patents; E. Awarding to Woodlark treble damages, pursuant to 35 U.S.C. 284, and based on

Defendants willful infringement of the 680 and 170 Patents; F. Declaring this case exceptional and awarding to Woodlark its attorneys fees,

pursuant to 35 U.S.C. 285; G. H. Awarding to Woodlark its costs; and Awarding to Woodlark such other, further, or general relief as this Court

may deem proper. Respectfully submitted, this 12 day of September, 2011. By: /s/ Andrew J. Kozusko, III________ Andrew J. Kozusko, III Pa. ID No. 88172 ajkozusko@duanemorris.com

Robert L. Byer Pa. ID No. 25447 rlbyer@duanemorris.com DUANE MORRIS LLP 600 Grant Street, Suite 5010 Pittsburgh, PA 15219 Telephone: 412.497.1083 Attorneys for Plaintiff