IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY COVINGTON DIVISION GOLD MEDAL PRODUCTS

CO. 10700 Medallion Drive Cincinnati, Ohio 45241 Plaintiff, vs. C. CRETORS & COMPANY 3243 N. California Avenue Chicago, Illinois 60618 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. Electronically Filed Judge

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Gold Medal Products Co. (hereinafter Gold Medal), complains against the Defendant C. Cretors & Company (hereinafter Cretors) as follows:

NATURE OF THE ACTION 1. This is an action for patent infringement arising under the Patent Laws of

the United States, Title 35, United States Code.

THE PARTIES 2. Gold Medal is an Ohio corporation having its principal place of business

at 10700 Medallion Drive, Cincinnati, Ohio 45241, Hamilton County. 3. On information and belief, Cretors is an Illinois corporation having a place

of business at 3243 N. California Avenue, Chicago, Illinois 60618.

JURISDICTION AND VENUE 4. This is an action for patent infringement and arises under the Patent Laws

of the United States, Title 35, United States Code. Federal question jurisdiction is conferred pursuant to 28 U.S.C. 1331 and 1338(a). 5. Cretors is engaged in business throughout the United States, including in

this judicial district, and has substantial and continuous contacts with this judicial district, and conducts systematic business in this judicial district. In previous disputes between Gold Medal and Cretors, Cretors has conceded that it has continuous and systematic business contacts with the Commonwealth of Kentucky and this judicial district. 6. and 1400(b). BACKGROUND FACTS 7. Gold Medal markets popcorn machines used for popping popcorn Venue is proper in this judicial district under 28 U.S.C. 1391(b)-(c),

throughout the United States, as well as internationally. Gold Medals popcorn machines allow customers to consistently and efficiently prepare quality popcorn for a wide range of applications, including home theaters, business offices, schools, sports bars, fun centers and sports arenas. Gold Medal' popcorn machines are of the highest quality and incorporate the latest technology s to ensure consistent, high-quality popcorn, and profits related thereto. 8. Some of the technology used by Gold Medal, among other things, is

disclosed and claimed in U. S. Patent No. 7,874,244 (the 244 patent). A copy of the 244 patent is attached hereto as Exhibit A.

9.

Gold Medal is the owner by assignment of the 244 patent, and holds all

right, title, and interest in and to the 244 patent. 10. Cretors has manufactured and sold, and is currently manufacturing and

offering for sale, popcorn machines designated as ventless hood popcorn machines (Cretors Ventless Popper). Count I - Infringement of U.S. Letters Patent No. 7,874,244 11. The allegations of paragraphs 1-10 are incorporated herein by reference as

though fully set forth herein. 12. Cretors has infringed and continues to infringe, and/or has contributed to

and/or induced infringement of, one or more claims of the 244 patent by its manufacture, use, offer for sale, sale and/or importation into the United States of Cretors Ventless Popper, to the injury of Gold Medal. Cretors is without license or permission from Gold Medal, and is liable for its infringement of the 244 patent pursuant to 35 U.S.C. 271. 13. On information and belief, the acts of infringement complained of herein

are being carried out willfully and with full knowledge by Cretors of the 244 patent. 14. As a result of Cretors actions, Gold Medal has suffered and continues to

suffer substantial injury, including irreparable injury, and will result in damages to Gold Medal, including loss of sales and profits, which Gold Medal would have made but for the infringement by Cretors, unless Cretors is enjoined by this Court.

WHEREFORE, Gold Medal Products Co. prays for relief against C. Cretors & Company as follows: A. That a judgment be entered that C. Cretors & Company has infringed,

and/or has induced or contributed to infringement of, the 244 patent; B. That C. Cretors & Company, its agents, sales representatives, servants and

employees, associates, attorneys, parents, successors and assigns, and any and all persons or entities acting at, through, under or in active concert or participation with any or all of them, be enjoined and restrained permanently from infringing, inducing infringement of, and contributing to infringement of the 244 patent; C. That a judgment be entered that C. Cretors & Company be required to pay

over to Gold Medal Products Co. all damages sustained by Gold Medal Products Co., due to such patent infringement and that such damages be trebled pursuant to 35 U.S.C. 284 for the willful acts of infringement complained of herein; D. That this case be adjudged and decreed exceptional under 35 U.S.C. 285

entitling Gold Medal Products Co. to an award of its reasonable attorney fees and that such reasonable attorney fees be awarded; E. That Gold Medal Products Co. be awarded its costs and prejudgment

interest on all damages; F. That C. Cretors & Company be required to file with the Court within thirty

(30) days after entry of the final judgment of this case a written statement under oath setting forth in detail the manner in which C. Cretors & Company has complied with the judgment; and, G. That Gold Medal Products Co. be awarded such other and further relief as

the Court deems just and proper.

JURY DEMAND Plaintiff Gold Medal Products Co. hereby demands and requests trial by jury of all issues raised that are triable by jury.

Respectfully submitted, GOLD MEDAL PRODUCTS CO.

Dated: July 18, 2011

s/ Brett A. Schatz Brett A. Schatz Trial Attorneys WOOD, HERRON & EVANS, L.L.P. 2700 Carew Tower, 441 Vine Street Cincinnati, Ohio 45202 513-241-2324 513-241-6234 Facsimile bschatz@whepatent.com Attorneys for Gold Medal Products Co.