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Ernest D. Buff Ernest D. Buff & Associates, L.L.C.

231 Somerville Road Bedminster, NJ 07921 Tel: (908) 901 0220 Fax: (908) 901 0330 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

CHARLES C. BOTTI, Plaintiffs, - against CMC RESCUE, INC., and JOHN DOE COMPANY (1-100), Defendants.

CASE NO.: ________________________

JURY TRIAL DEMANDED

COMPLAINT Plaintiff Charles C. Botti (BOTTI) sues Defendants CMC Rescue, Inc. (Defendant / CMC) and John Doe Company (1-100; fictitious) for patent infringement and, for its complaint, alleges as follows:

PARTIES 1. 2. BOTTI is an individual residing in the town of Florida in the State of New York. CMC, on information and belief, is a corporation organized and existing under the

laws of the State of California with its principal place of business located at 41 Aero Camino,

Goleta, California 93117. 3. CMC, on information and belief, conducts business in this judicial district and has

committed the acts complained of herein in this judicial district.

JURISDICTION AND VENUE 4. This is a civil action for patent infringement and arises under, among other things,

the United States Patent Laws, 35 U.S.C. 271 et seq. Jurisdiction is therefore based upon 28 U.S.C. 1331 and 1338(a), providing for federal question jurisdiction of patent infringement actions and exclusive jurisdiction of patent infringement actions in the U.S. District Courts. 5. This Court has jurisdiction under 28 U.S.C. 1332, in that there is complete

diversity between Plaintiff and Defendants, and the amount in controversy exceeds the sum or balance of $75,000, exclusive of interest and costs. 6. This Court has supplemental jurisdiction over any state law claims of this

complaint pursuant to 28 U.S.C. 1367(a). 7. Personal jurisdiction over CMC is proper under at least the New Jersey long-arm

statute, N.J.R. 4:4-4. Venue in this district is proper under 28 U.S.C. 1391 and 1400(b). For example, on information and belief, CMC and / or its partners have advertised, demonstrated, offered for sale, and/or sold products in this district and elsewhere, including, but not limited to, products that infringe the patents-in-suit. 8. CMC is actively engage in promoting, advertising, marketing, or offering its

services and / or doing business within this judicial district, and otherwise has sufficient contacts with this district to confer jurisdiction to this Court.

BACKGROUND 9. BOTTI has been a career fire fighter during the past eight years for the Fire Dept. BOTTI has invented a

City of New York, and a volunteer fire fighter for over twenty years.

wearable lightweight fire fighters personal escape system and method wherein a unique escape anchor hook provides fire fighters with escape capability from buildings. More particularly, the system and method provides a lightweight hook appointed to engage with a substantial object. The hook is attached to a high strength heat resistant rope / web that provides reliable tangle free high speed deployment, whereby a fire fighter can escape a perilous situation with rapid descent. 10. BOTTI has invested time, money and resources in the discovery, research,

development, manufacture, engineering, and sale of the escape system and escape anchor hook. 11. On May 17, 2011, the United States Patent and Trademark Office ("USPTO")

issued United States Patent No. 7,942,241 B2 (241 Patent) entitled Fire Fighters Personal Escape System. A copy of the 241 Patent is attached as Exhibit A. 12. 13. valid. 14. CMC manufactures, uses, offers to sell, and/or sells rescue equipment, including BOTTI is the owner of the full right, title, and interest in the 241 Patent. Pursuant to 35 U.S.C. 282, the 241 Patent and each of its claims are presumed

rescue equipment for fire fighters in the United States generally, and in the District of New Jersey. 15. In or about 2008 BOTTI entered into an arrangement with CMC wherein CMC

agreed to distribute, sell and / or offer for sale BOTTIs unique escape anchor hook.

16.

CMC had knowledge that BOTTIs fire fighters personal escape system and

method using the unique escape anchor hook was subject to a pending patent application at that time, now the 241 Patent. 17. In or about 2010 CMC began manufacturing, using, offering for sale, and / or

selling wearable lightweight fire fighters personal escape systems using an escape anchor hook. 18. CMCs wearable lightweight fire fighters personal escape systems include / have

included wearable lightweight fire fighters personal escape systems designated under the trade name Escape Artist System that utilizes an escape anchor hook designated under the trade name CMC Flash Hook. attached as Exhibit B. 19. In or about 2010 CMC began manufacturing, using, offering for sale, and / or Images of CMCs fire fighters personal escape system products are

selling the escape anchor hook designated under the trade name CMC Flash Hook. Images of CMCs escape anchor hook are attached as Exhibit C. 20. escape system. 21. CMC knew of BOTTIs patented fire fighters personal escape system and escape CMCs escape anchor hooks substantial use is to be integrated within a personal

anchor hook prior to CMCs manufacturing, using, offering for sale, and / or sale of CMCs Escape Artist System and CMCs Flash Hook. 22. CMCs manufacturing, using, offering for sale, and / or selling of the Escape

Artist System and Flash Hook has been with knowledge of the 241 Patent and with the intent to directly and indirectly infringe the 241 Patent. 23. CMC knowingly induced infringement and possessed specific intent to encourage

others to infringe the 241 Patent.

24.

CMCs fire fighters personal escape system and anchor hook products infringe

the 241 Patent directly, contributorily and/or by active inducement by importing, manufacturing, using, marketing, distributing, selling, and/or supporting others to infringe the fire fighters personal escape system of the 241 Patent.

COUNT I INFRINGEMENT OF THE 241 PATENT 25. this complaint. 26. In violation of 35 U.S.C. 271(a), (b), and (c), CMC has been and still is BOTTI realleges and incorporates into this section the preceding paragraphs of

infringing, contributing to, and/or actively inducing infringement of the 241 Patent by manufacturing, using, offering to sell, and/or selling within the State of New Jersey and / or elsewhere in the United States, fire fighters personal escape systems and methods that are covered by one or more claims of the 241 Patent. 27. CMC has profited and continues to profit from its manufacture, use, offers to sell,

and sale of the infringing fire fighters personal escape systems and methods. 28. Upon information and belief, CMCs infringement of the 241 Patent has been

and continues to be willful, wanton, and deliberate. 29. BOTTI has been and continues to be damaged and irreparably harmed by CMCs

infringement of the 241 Patent.

COUNT II DEFENDANTS UNFAIR COMPETITION

30. this complaint. 31.

BOTTI realleges and incorporates into this section the preceding paragraphs of

In addition to the above acts, CMC has made representations or has caused

representations to be made that CMCs Flash Hook is superior to BOTTIs escape anchor hook relating to fire fighters personal escape systems and methods technology. 32. BOTTI has made substantial investments in anticipation of future growth in the

market for the fire fighters personal escape systems and methods. 33. 34. CMC has diverted business away from BOTTI. The acts and conduct of CMC, as alleged above in this Complaint, constitute

unfair competition and unfair business practices contrary to the laws of the State of New Jersey. 35. As a direct, proximate and foreseeable result of the actions of CMC, BOTTI has

suffered monetary harm. 36. The acts and conduct of CMC, as alleged above in this Complaint, have damaged

BOTTI and resulted in a loss of profit in an amount that is unknown at the present time. 37. Upon information and belief, the aforesaid conduct by CMC has caused, and

unless restrained by this Court will continue to cause, immediate, great, and irreparable harm to BOTTIs property and business. 38. BOTTI has no adequate remedy at law.

PRAYER FOR RELIEF WHEREFORE, BOTTI respectfully asks this Court to enter judgment for BOTTI against CMC and to grant BOTTI the following relief: (a) A judgment pursuant to 35 U.S.C. 271 finding that CMC infringes the 241 Patent; (b) An order pursuant to 35 U.S.C. 283 preliminarily and permanently enjoining CMC from infringing the 241 Patent; (c) An award of damages pursuant to 35 U.S.C. 284 adequate to compensate BOTTI for CMCs infringement of the 241 Patent and an accounting to determine the proper amount of such damages; (d) A three-fold increase in damages as a result of CMCs willful, wanton, and deliberate acts of infringement; (e) An award pursuant to 35 U.S.C. 284 of costs and prejudgment and post judgment interest on BOTTIs compensatory damages; (f) An award pursuant to 35 U.S.C. 285 of BOTTIs attorneys' fees incurred in this action; (g) An order directing the recall of any and all existing CMC fire fighters personal escape system products that infringe the 241 Patent; and (h) Such further relief as this Court deems just and proper.

JURY DEMAND BOTTI requests a trial by jury on all issues so triable.

Dated: September 14, 2010

Charles C. Botti, By Counsel,

____________________ Ernest D. Buff Ernest D. Buff & Associates, LLC 231 Somerville Road Bedminster, NJ 07921 EBuff@EDBuff.com Tel: (908) 901-0220 Fax: (908) 901-0330 Counsel for Plaintiff