IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

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WESTERN DIVISION
Case No.

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AP TECH GROUP, INC., Plaintiff,

v.

JURY TRIAL DEMANDED

NALCO COMPANY,
Defendant.

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COMPLAINT FOR DECLARATORY JUDGMENT

PlaintiffAP Tech Group, Inc. ("APT") alleges as follows:

PARTIES

1.

Plaintiff AP Tech Group, Inc. ("APT") is a corporation incorporated under the

laws ofthe state ofDelaware, with its principal place ofbusiness at 11411 Williamson Road,
Cincinnati, OH 45201.

2.

Nalco Company ("Nalco") is a corporation incorporated under the laws ofthe

State ofIllinois, with its principal place ofbusiness at 1601 West Dichl Road, Napcrvillc, IL
60563-1198.

JURISDICTION AND VENUE

3.

This action arises under the Patent Laws of the United States, Title 35, United

States Code. Jurisdiction is invoiced pursuant to 28 U.S.C. 1331 and 1338(a) and the Federal

Declaratory Judgment Act, 28 U.S.C. 2201 and 2202 for declaratory judgment of invalidity
and non-infringement ofUnited States Patent No. 6,685,840 ("the "840 patent"). Nalco alleges