IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

ROLL-RITE, LLC, a Delaware limited liability company, Plaintiff, v.

Honorable: Case No. 2:12-cv-11150

JURY TRIAL DEMANDED SHUR-CO, LLC a South Dakota limited liability company, Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.

Roll-Rite, LLC (Roll-Rite), by its attorneys Miller, Canfield, Paddock and Stone, P.L.C., for its Complaint against Shur-Co, LLC (Shur-Co), states as follows: Nature Of The Action 1. This is an action for patent infringement under the United States Code, Title 35,

as amended, and particularly under 35 U.S.C. 271, 283, 284, and 285. The Parties 2. Roll-Rite is a Delaware limited liability company having its principal place of

business at 2574 School Road, Alger, Michigan 48610. 3. Shur-Co is a South Dakota limited liability company having its principal place of

business at 2309 Shur-Lok Street, P.O. Box 713, Yankton, South Dakota 57078. Jurisdiction 4. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.

1331 and 1338(a).

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Personal jurisdiction over Shur-Co is proper in this district pursuant to the laws of

the State of Michigan effecting jurisdiction upon Shur-Co based upon Shur-Cos contacts with this jurisdiction, including, Shur-Cos doing business in this district and Shur-Cos acts of patent infringement in this district. 6. and 1400(b). Count I Infringement of U.S. Patent No. 5,829,891 7. 8.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.

Venue over Shur-Co is proper in this judicial district under 28 U.S.C. 1391(b)

Roll-Rite restates the allegations contained in paragraphs 1-6. On November 3, 1998, United States Patent No. 5,829,819 (the 819 patent),

was duly and lawfully issued by the United States Patent and Trademark Office to Timothy K. Searfoss. A copy of the 819 patent is attached to this Complaint as Exhibit A. 9. The 819 patent is owned by Roll-Rite, along with the right to bring suit and

recover damages for all past, present and future infringements of any of the rights relating to the 819 patent. 10. Shur-Co has and is now, without permission from Roll-Rite, making, using,

offering for sale and/or selling devices, specifically the Shurco 4500 Series Motor, that fall within the scope of the 819 patent and is thereby directly and/or contributorily infringing the 819 patent and/or inducing others to infringe the 819 patent in violation of 35 U.S.C. 271. 11. Roll-Rite has complied with the marking and notice provisions of 35 U.S.C. 287

with respect to the 819 patent. 12. 13. Shur-Cos infringing activities have been willful and deliberate. Shur-Cos infringing activities are directly and proximately causing immediate

and irreparable injury to Roll-Rite for which Roll-Rite has no adequate remedy at law.

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14. the Court. 15.

Shur-Co will continue its infringing activities unless enjoined from doing so by

Shur-Cos infringing activities have and continue to directly and proximately

cause damages to Roll-Rite. Prayer For Relief WHEREFORE, Roll-Rite prays that this Court: A. Enter judgment for Roll-Rite against Shur-Co declaring that it has willfully

infringed U.S. Patent No. 5,829,891; B.

MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.

Permanently enjoin and restrain the Shur-Co its agents, servants, employees,

partners, attorneys, successors and assigns, and all those acting in concert with it from infringing, contributorily infringing, or inducing infringement of U.S. Patent No. 5,829,891; C. Award to Roll-Rite all damages it has sustained as a result of the Shur-Cos patent

infringement, including enhanced damages in accordance with 35 U.S.C. 284 and award prejudgment and post-judgment interest and costs; D. Enter judgment declaring that this case is exceptional, and that Roll-Rite is

entitled to recover its costs and reasonable attorneys fees incurred in this action, pursuant to 35 U.S.C. 285; and I. Enter judgment granting such other and further relief and damages to Roll-Rite as

justice and equity may require.

JURY DEMAND Roll-Rite hereby requests a trial by jury of all issues so triable.

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Respectfully submitted, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.

Dated: March 14, 2012

By:

/s/ A. Michael Palizzi Richard A. Gaffin (P31406) A. Michael Palizzi (P47262) Attorneys for Plaintiff Miller, Canfield, Paddock and Stone, P.L.C. 150 West Jefferson, Suite 2500 Detroit, MI 48226 Email: palizzi@millercanfield.com Email: gaffin@millercanfield.com

19,930,749.2\135912-00032
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.

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