UNITED STATES DISTRICT COURT DISTRICT OF KANSAS _______________________________________ GEMCOR II, LLC, Plaintiff, v. ELECTROIMPACT INC., Defendant.

_______________________________________ 11-2520-CM-GLR Civil No. _____________

COMPLAINT Gemcor II, LLC (Gemcor), for its Complaint against Electroimpact Inc. (Electroimpact), alleges as follows: The Parties 1. Gemcor is a New York limited liability company with a principal

place of business at 100 Gemcor Drive, West Seneca, NY 14224. 2. Gemcor is engaged in the business of, among other things,

developing, manufacturing, and selling riveting technology, systems, and machinery. Gemcors technology has several applications. For example, it is used to install rivets and other fasteners in the assembly of aircraft. 3. Upon information and belief, Electroimpact is a Washington

corporation with a principal place of business at 4413 Chennault Beach Road, Mukilteo, WA 98275. 4. Electroimpact is engaged in the business of, among other things,

manufacturing and selling riveting systems and machines. Electroimpacts systems and machines are used for installing rivets and other fasteners in the assembly of aircraft. Jurisdiction and Venue 5. This is a patent infringement action brought under the patent laws

of the United States, 35 U.S.C. Section 1, et seq., including 35 U.S.C. Section 271. 6. Gemcor seeks damages for patent infringement and an injunction

preventing Electroimpact from making, using, selling, or offering to sell, and from inducing others to make, use, sell, or offer to sell, Gemcors patented technology without Gemcors permission. 7. This Court has subject matter jurisdiction under 28 U.S.C.

Sections 1331 and 1338(a). 8. This Court has personal jurisdiction over Electroimpact because

Electroimpact regularly does and solicits business in Kansas. Electroimpact also has sold and/or offered to sell products that infringe the patents-in-suit, as alleged below, in Kansas. 9. Venue in this district is proper under 28 U.S.C.

Sections 1400 and 1391 because Electroimpact resides in this District and is subject to personal jurisdiction in this District. A substantial part of the events giving rise to the claims asserted herein occurred in this District, and Electroimpact has committed acts of infringement in this District.

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First Claim for Patent Infringement (Infringement of the 115 Patent) 10. Gemcor repeats and realleges the allegations set forth in

paragraphs 1 through 9. 11. U.S. Patent No. 5,829,115, entitled Apparatus and Method for

Actuating Tooling (the 115 Patent), issued on November 3, 1998. Gemcor is the owner of all right, title and interest in the 115 Patent. A true and correct copy of the 115 Patent is attached as Exhibit A. 12. The 115 Patent discloses and claims, among other things, methods

of riveting and a riveting apparatus using a roller screw actuator that may be driven by a servo-controlled electric motor. The methods of riveting include a squeeze riveting method. 13. Electroimpact has infringed and continues to infringe the 115

Patent by making, using, selling, and/or offering for sale, in this District and elsewhere, systems and machines used to install rivets and other fasteners in the assembly of aircraft that incorporate all elements of claims of the 115 Patent, such as, for example, Electroimpacts E7000 riveting machine. 14. Electroimpact also provides the above infringing systems and

machines to customers and others with detailed instructions, information, and training on how to use the infringing system and machines in an infringing manner. Electroimpacts acts constitute inducement to infringe the 115 Patent whenever its customers or others use Electroimpacts infringing systems and machines in an infringing manner.

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15.

Gemcor informed Electroimpact that Electroimpacts riveting

systems and machines infringed the 115 Patent. Electroimpact stated that it would continue making and selling the infringing systems and machines despite the existence of the 115 Patent. With knowledge of the 115 Patent, and after receiving Gemcors admonitions regarding infringement, Electroimpact continued to infringe the 115 Patent, and continued to induce others to infringe the 115 Patent. 16. Electroimpacts actions in infringing the 115 Patent have been,

and continue to be, willful, deliberate, and/or in conscious disregard of the rights of Gemcor, making this an exceptional case within the meaning of 35 U.S.C. Section 285. 17. As a result of Electroimpacts infringing activities, Gemcor has

sustained damages in an amount to be proven at trial. 18. Electroimpact will continue its infringing activities unless and until

it is restrained and enjoined by this Court. 19. Electroimpacts infringing activities have caused, and will continue

to cause, Gemcor irreparable harm for which there is no adequate remedy at law. Second Claim for Patent Infringement (Infringement of the 100 Patent) 20. Gemcor repeats and realleges the allegations set forth in

paragraphs 1 through 19. 21. U.S. Patent No. 6,357,100, entitled Apparatus for Actuating

Tooling (the 100 Patent), issued on March 19, 2002. Gemcor is the owner of all

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right, title, and interest in the 100 Patent. A true and correct copy of the 100 Patent is attached as Exhibit B. 22. The 100 Patent discloses and claims, among other things, an

apparatus and method for actuating tools in succession using a roller screw actuator that may be driven by a servo-controlled electric motor. 23. Electroimpact has infringed and continues to infringe the 100

Patent by making, using, selling, and/or offering for sale, in this District and elsewhere, systems and machines used to install rivets and other fasteners in the assembly of aircraft that incorporate all elements of claims of the 100 Patent, such as, for example, Electroimpacts E7000 riveting machine. 24. Electroimpact also provides the above infringing systems and

machines to customers and others with detailed instructions, information, and training on how to use the infringing systems and machines in an infringing manner. Electroimpacts acts constitute inducement to infringe the 100 Patent whenever its customers or others use Electroimpacts infringing systems and machines in an infringing manner. 25. Gemcor informed Electroimpact that Electroimpacts riveting

systems and machines infringed the 100 Patent. Electroimpact stated that it would continue making and selling the infringing systems and machines despite the existence of the 100 Patent. With knowledge of the 100 Patent, and after receiving Gemcors admonitions regarding infringement, Electroimpact continued to infringe the 100 Patent, and continued to induce others to infringe the 100 Patent.

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26.

Electroimpacts actions in infringing the 100 Patent have been,

and continue to be, willful, deliberate, and/or in conscious disregard of the rights of Gemcor, making this an exceptional case within the meaning of 35 U.S.C. Section 285. 27. As a result of Electroimpacts infringing activities, Gemcor has

sustained damages in an amount to be proven at trial. 28. Electroimpact will continue its infringing activities unless and until

it is restrained and enjoined by this Court. 29. Electroimpacts infringing activities have caused, and will continue

to cause, Gemcor irreparable harm for which there is no adequate remedy at law. Third Claim for Patent Infringement (Infringement of the 121 Patent) 30. Gemcor repeats and realleges the allegations set forth in

paragraphs 1 through 29. 31. U.S. Patent No. 6,543,121, entitled Method and Apparatus for

Actuating Riveting Tooling (the 121 Patent), issued on April 8, 2003. Gemcor is the owner of all right, title, and interest in the 121 Patent. A true and correct copy of the 121 Patent is attached as Exhibit C. 32. The 121 Patent discloses or claims, among other things, methods

of riveting and a riveting apparatus using a roller screw actuator that may be driven by a servo-controlled electric motor. 33. Electroimpact has infringed and continues to infringe the 121

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Patent by making, using, selling, and/or offering for sale, in this District and elsewhere, systems and machines used to install rivets and other fasteners in the assembly of aircraft that incorporate all elements of claims of the 121 Patent, such as, for example, Electroimpacts E7000 riveting machine. 34. Electroimpact also provides the above infringing systems and

machines to customers and others with detailed instructions, information, and training on how to use the infringing systems and machines in an infringing manner. Electroimpacts acts constitute inducement to infringe the 121 Patent whenever its customers or others use Electroimpacts infringing systems and machines in an infringing manner. 35. Gemcor informed Electroimpact that Electroimpacts riveting

systems and machines infringed the 121 Patent. Electroimpact stated that it would continue making and selling the infringing systems and machines despite the existence of the 121 Patent. With knowledge of the 121 Patent, and after receiving Gemcors admonitions regarding infringement, Electroimpact continued to infringe the 121 Patent, and continued to induce others to infringe the 121 Patent. 36. Electroimpacts actions in infringing the 121 Patent have been,

and continue to be, willful, deliberate, and/or in conscious disregard of the rights of Gemcor, making this an exceptional case within the meaning of 35 U.S.C. Section 285. 37. As a result of Electroimpacts infringing activities, Gemcor has

sustained damages in an amount to be proven at trial. 38. Electroimpact will continue its infringing activities unless and until

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it is restrained and enjoined by this Court. 39. Electroimpacts infringing activities have caused, and will continue

to cause, Gemcor irreparable harm for which there is no adequate remedy at law. Jury Demand 40. Gemcor demands trial by jury on all matters triable by jury.

WHEREFORE, Gemcor is entitled to judgment for the following relief: (1) Declaring that Electroimpact has directly infringed one or more

claims of the 115, 100, and 121 Patents. (2) Declaring that Electroimpact has induced others to infringe one or

more claims of the 115, 100, and 121 Patents. (3) Granting an injunction, under 35 U.S.C. Section 283, preliminarily

and permanently enjoining Electroimpact, its officers, directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting in concert with or under or through them, from making, using, selling, and/or offering for sale any systems or products that infringe one or more claims of the 115, 100, and 121 Patents, or otherwise directly or indirectly committing further acts of infringement of those Patents. (4) acts of infringement. (5) Awarding damages, including treble damages, under 35 U.S.C. Ordering an accounting for damages arising from Electroimpacts

Section 284, with interest. -8-

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Finding that Electroimpacts infringement is willful, that this is an

exceptional case, and awarding reasonable attorneys fees to Gemcor under 35 U.S.C. Section 285. (7) Such further relief as this Court deems proper.

Dated: September 16, 2011

HOVEY WILLIAMS LLP Attorneys for Gemcor II, LLC

By:

s/ Scott R. Brown Scott R. Brown, KS Bar #23,395 sbrown@hoveywilliams.com Matthew B. Walters, KS Bar #23,514 mwalters@hoveywilliams.com 10801 Mastin Boulevard #1000 84 Corporate Woods Overland Park, KS 66210 Telephone: (913) 647-9050 and HODGSON RUSS LLP Attorneys for Gemcor II, LLC Robert J. Lane, Jr. rlane@hodgsonruss.com (to be admitted pro hac vice) Rob Fluskey rfluskey@hodgsonruss.com (to be admitted pro hac vice) The Guaranty Building 140 Pearl Street, Suite 100 Buffalo, New York 14202 Telephone: (716) 856-4000

-9028643/00017 Litigation 7885656v1