IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO _____________________________________ SHURTECH BRANDS, LLC ) ) Plaintiff,

) ) Civil Action No. v. ) ) JURY DEMAND PRACTECOL, LLC ) INJUNCTIVE RELIEF SOUGHT ) Defendant. ) _____________________________________ )

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Plaintiff ShurTech Brands, LLC, by and through its undersigned attorneys, as for its complaint against Practecol, LLC, alleges as follows: NATURE OF THE ACTION 1. This is a civil action for patent infringement. Upon information and belief,

Defendant Practecols Easy-Roll Roll-On Film Kit infringes Plaintiffs United States Patent Nos. 5,937,596 and 6,141,921. Plaintiff seeks damages and injunctive relief to stop Defendants infringement.

THE PARTIES 2. Plaintiff ShurTech Brands, LLC (ShurTech) is a company organized and

existing under the laws of the state of North Carolina and has a principal place of business at 32150 Just Imagine Dr., Avon, OH 44011. 3. Defendant Practecol, LLC (Practecol), upon information and belief, is a

Missouri limited liability company and has a principal place of business at 12935 North Forty Drive, Suite 210, St. Louis, Missouri 63141. JURISDICTION AND VENUE 4. This is an action in law and equity for patent infringement arising under the patent

laws of the United States, Title 35 of the United States Code 1 et seq. 5. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 1338. The Court also has jurisdiction under 28 U.S.C. 1332 as the action is between citizens of different States and each of the matters in controversy exceeds the sum of $75,000, exclusive of interests and costs. 6. This Court has personal jurisdiction over Practecol because, upon information and

belief, Practecol transacts business in this judicial district, including by selling the infringing product within this judicial district. 7. Venue is proper in this court pursuant to 28 U.S.C. 1391 and 1400(b). FACTUAL BACKGROUND 8. ShurTech makes, sells, and offers to sell environmentally friendly products to

help seal and insulate, for example, windows. One of these products is the Roll-On Window Kit.

9.

On August 17, 1999, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 5,937,596, titled WEATHER BARRIER FOR WINDOWS AND DOORS (the 596 patent). A copy of the 596 patent is attached as Exhibit A to this Complaint. 10. 11. ShurTech is an owner by assignment and exclusive licensee of the 596 patent. On November 7, 2000, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 6,141,921, titled WEATHER BARRIER FOR WINDOWS AND DOORS (the 921 patent). A copy of the 921 patent is attached as Exhibit B to this Complaint. 12. 13. ShurTech is an owner by assignment and exclusive licensee of the 921 patent. ShurTechs Roll-On Window Kit is covered by one or more of the claims of the

596 and 921 patents. 14. Upon information and belief, Practecol makes, uses, imports, offers to sell and/or

sells a product to seal and insulate windows known as Easy-Roll Film Kit. 15. ShurTech has given notice of its patent rights in the Roll-On Window Kit to

competitors. Specifically, ShurTech marks the Roll-On Window Kit with the word patent together with the number of the 921 patent, in compliance with the requirements of 35 U.S.C. 287(a). Plaintiffs marking has been substantially consistent and continuous since at least as early as 2005. 16. ShurTech has also informed Practecol of its infringement of the 596 and 921

patents by letter dated September 13, 2011.

COUNT I INFRINGEMENT OF U.S. PATENT NO. 5,937,596 17. Plaintiff ShurTech repeats and realleges the foregoing paragraphs 1 through 16 of

this Complaint for Patent Infringement as if fully set forth herein. 18. This is a claim for patent infringement under 35 U.S.C. 271 of Plaintiffs United

States Patent No. 5,937,596. 19. Upon information and belief, Defendant Practecol has infringed and continues to

infringe at least claim 10 of the 596 patent by making, using, offering to sell, selling, and/or importing at least its Easy-Roll Film Kit in the United States without permission from ShurTech. 20. Upon information and belief, Practecol will continue to infringe the 596 patent

unless and until it is enjoined by this Court to stop the infringement. 21. Defendant Practecol has caused and, upon information and belief, will continue to

cause Plaintiff ShurTech irreparable injury and damage by infringing the 596 patent. Upon information and belief, ShurTech will suffer further irreparable injury, for which ShurTech has no adequate remedy at law, unless and until Practecol is enjoined from infringing the 596 patent. 22. Upon information and belief, Practecols infringement of the 596 patent has been

and continues to be taking place with objective recklessness, and despite an objectively high likelihood that Practecols actions constitute infringement of a valid patent. COUNT II INFRINGEMENT OF U.S. PATENT NO. 6,141,921 23. Plaintiff ShurTech repeats and realleges the foregoing paragraphs 1 through 22 of

this Complaint for Patent Infringement as if fully set forth herein.

24.

This is a claim for patent infringement under 35 U.S.C. 271 of Plaintiffs United

States Patent No. 6,141,921. 25. Upon information and belief, Defendant Practecol has infringed and continues to

infringe at least claim 1 of the 921 patent by making, using, offering to sell, selling, and/or importing at least its Easy-Roll Film Kit in the United States without permission from ShurTech. 26. Upon information and belief, Practecol will continue to infringe the 921 patent

unless and until it is enjoined by this Court to stop the infringement. 27. Defendant Practecol has caused and, upon information and belief, will continue to

cause Plaintiff ShurTech irreparable injury and damage by infringing the 921 patent. Upon information and belief, ShurTech will suffer further irreparable injury, for which ShurTech has no adequate remedy at law, unless and until Practecol is enjoined from infringing the 921 patent. 28. Upon information and belief, Practecols infringement of the 921 patent has been

and continues to be taking place with objective recklessness, and despite an objectively high likelihood that Practecols actions constitute infringement of a valid patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff ShurTech prays that this Court: A. Enter judgment that Practecol has infringed United States Patent No. 5,937,596 and United States Patent No. 6,141,921; B. Enter an order preliminarily and permanently enjoining Practecol, its officers, agents, servants, employees, attorneys, and all persons acting in concert or participation with it, from infringing United States Patent No. 5,937,596 and United States Patent No. 6,141,921; C. Award ShurTech its damages resulting from Practecols patent infringement

pursuant to 35 U.S.C. 284; D. Find that Practecols patent infringement has been willful and increase the damages awarded to ShurTech up to three times the amount assessed, pursuant to 35 U.S.C. 284; E. Find this to be an exceptional case and award ShurTech its attorney fees and costs, pursuant to 35 U.S.C. 285; F. Award ShurTech such other and further relief as this Court deems just and proper.

Respectfully submitted,

Dated: December 20, 2011

/s/ Philip J. Moy Jr. Philip J. Moy Jr. (Ohio Bar No. 0043568) FAY SHARPE LLP The Halle Building, 5th Floor 1228 Euclid Avenue Cleveland, Ohio 44115 Telephone: (216) 363 9000 Fax: (216) 363-9001 Email: pmoy@faysharpe.com

Of Counsel (Motions for Pro Hac Vice Admission to be filed): Tara C. Clancy Christopher Centurelli Ian E. Cohen K&L GATES LLP State Street Financial Center One Lincoln Street Boston, Massachusetts 02111 Telephone: (617) 261-3100 Facsimile: (617) 261-3175 Attorneys for Plaintiff, ShurTech Brands, LLC

JURY DEMAND Plaintiff ShurTech hereby demands a trial by jury on all issues so triable. Respectfully submitted,

Dated: December 20, 2011

/s/ Philip J. Moy Jr. Philip J. Moy Jr. (Ohio Bar No. 0043568) FAY SHARPE LLP The Halle Building, 5th Floor 1228 Euclid Avenue Cleveland, Ohio 44115 Telephone: (216) 363 9000 Fax: (216) 363-9001 Email: pmoy@faysharpe.com

Of Counsel (Motions for Pro Hac Vice Admission to be filed): Tara C. Clancy Christopher Centurelli Ian E. Cohen K&L GATES LLP State Street Financial Center One Lincoln Street Boston, Massachusetts 02111 Telephone: (617) 261-3100 Facsimile: (617) 261-3175 Attorneys for Plaintiff, ShurTech Brands, LLC

SHTC 700210US01 465982 1