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) ) PLATINUM TOOLS, INC. ) A California Corporation ) ) Defendant. ) ____________________________________) IDEAL INDUSTRIES, INC. A Delaware Corporation

Civil Action No. 1:13-cv-2837


COMPLAINT Plaintiff IDEAL INDUSTRIES, INC. (IDEAL), by and through its undersigned counsel, brings its complaint against defendant Platinum Tools, Inc. (Platinum) for infringement of U.S. Patent No. 8,015,698 and in support of its claim avers as follows: THE PARTIES 1. IDEAL is a corporation organized and existing pursuant to the laws of the State of

Delaware, and has a principal place of business at Becker Place, Sycamore, Illinois 60178. IDEAL is a leader in the design and development of a wide variety of interconnect devices, tools and testing equipment for the electrical and telecommunications industries. 2. Upon information and belief, Platinum is a corporation organized and existing

pursuant to the laws of the State of California, and has its principal place of business at 806 Calle Plano, Camarillo, California 93012-8557. Platinum is in the business of manufacturing, selling, offering for sale, and importing various types of electrical tool products, including, but not limited to, compression connector tool products sold under the brand name SealSmart II 1

Compression Tool. At all times relevant hereto, defendant Platinum acted through its respective agents, representatives, employees and servants, all of whom acted within the course and scope of their duties and responsibilities. JURISDICTION AND VENUE 3. This action is a claim for patent infringement arising under the Patent Laws of the

United States, Title 35 of the United States Code, 1 et seq. 4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a). 5. This Court has personal jurisdiction over Platinum at least because Platinum has

regularly engaged in substantial, continuing, and on-going contacts with Illinois and this judicial district, and has sold and continues to sell into Illinois and this judicial district the products at issue in this case. 6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), (c) and

1400(b) because Platinum is subject to personal jurisdiction and has committed acts of patent infringement in this District. COUNT I INFRINGEMENT OF THE 698 PATENT 7. On September 13, 2011, the United States Patent and Trademark Office issued

U.S. Patent No. 8,015,698 (the 698 Patent) entitled Application Tool For Coaxial Cable Compression Connectors, a copy of which is attached hereto as Exhibit A. The 698 Patent is valid and enforceable. The 698 Patent discloses and claims various novel, non-obvious, and useful features relating to a tool for installing compression connectors.


IDEAL is the owner of all right, title, and interest in the 698 Patent and it

possesses all rights of recovery under the 698 Patent, including the right to sue for infringement, to seek damages, and to seek injunctive relief. 9. Platinum has infringed, and continues to infringe, one or more claims of the 698

Patent by making, using, selling, offering to sell, and/or importing in the United States products that embody or otherwise practice one or more claims of the 698 Patent, literally and/or pursuant to the Doctrine of Equivalents, and/or by otherwise contributing to infringement or inducing others to infringe the 698 Patent. The infringing products include, without limitation, Platinums SealSmart II Compression Tool (the Infringing Products). Platinums infringing activity took place in the United States, including, but not limited to, within this judicial district, in violation of 35 U.S.C. 271. 10. IDEAL notified Platinum of the 698 Patent prior to filing this suit and asked

Platinum to cease and desist from further sales. Platinum refused and continued to sells its Infringing Products. 11. Platinums infringement is, and has been at least since it was provided notice,

intentional, willful, and with reckless disregard for the rights of IDEAL. 12. Platinum has targeted, and continues to directly target, the Infringing Products to

residents of Illinois, particularly those located in this judicial district, as well as elsewhere in and throughout the United States. 13. Platinum has sold and offered for sale, and continues to sell and offer for sale, the

Infringing Products to customers in Illinois, including those located in this judicial district.


Platinum has not sought, nor obtained, a license under the 698 Patent, and is not

authorized or permitted to market, manufacture, use, offer for sale, sell or import any products embodying the inventions disclosed and claimed in the 698 Patent. 15. Platinum has caused IDEAL to suffer, and unless enjoined by this Court, will

cause IDEAL to continue to suffer substantial injury, including lost profits, for which IDEAL is entitled to damages adequate to compensate it for Platinums infringement. 16. Platinums infringement will continue to cause plaintiff IDEAL irreparable injury

and loss of revenues unless and until enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff IDEAL respectfully requests judgment and relief against Platinum as follows: A. B. A judgment that Platinum has infringed the '698 Patent; An injunction against Platinum, its subsidiaries, affiliates, parents, successors,

assignees, officers, agents, servants, employees, and all persons acting in concert or in participation with them, or any of them, permanently enjoining each of them from infringing, contributing to, or inducing the infringement of the '698 Patent; C. Awarding IDEAL damages adequate to compensate for Platinums

infringement of the '698 Patent, but in no event less than a reasonable royalty on Platinums use of IDEALs invention; D. E. Awarding pre-judgment interest on any damages award; Adjudging that Platinums infringement of the '698 Patent is willful, and

increasing Platinums liability for damages up to three times the amount found or assessed; F. Declaring that this is an exceptional case under 35 U.S.C. 285, and for an award

of increased damages, attorneys fees, and costs; and G. Granting such other and further relief as the Court deems just and proper. JURY DEMAND IDEAL hereby demands trial by jury for all issues so triable.

Dated: April 15, 2013

Respectfully submitted, /s/Jeffrey G. Mote Jeffrey G. Mote IL State Bar No. 6243534 Email: Matthew J. Levinstein IL State Bar No. 6300343 Email: GREENBERG TRAURIG, LLP 77 West Wacker Drive, Suite 3100 Chicago, IL 60601 Telephone: (312) 456-840 Facsimile: (312) 456-8435 Attorneys for Plaintiff IDEAL INDUSTRIES, INC.