IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Michael R.

Adair, an individual, Civil Action No.: Plaintiff, vs. Boat Dock Innovations, LLC, a Georgia limited liability company, Jeffrey Harwell, Sr., an individual, The Dock Depot & Marine Supply Co. LLC, Richard H. Henshaw, Jr., an individual, Stanley Kaminski, an individual, and Does 1-100 Defendants. Patent Infringement

COMPLAINT

NATURE OF THE ACTION

Plaintiff, Michael R. Adair (Adair), through his undersigned attorney, complains of defendants, Boat Dock Innovations LLC (BDI), Jeffrey Harwell, Sr. (Harwell), The Dock Depot & Marine Supply Co. LLC (TDD), Richard H. Henshaw, Jr. (Henshaw), Stanley Kaminski (Kaminski), and Does 1-100 (Does) (BDI, Harwell, TDD, Henshaw, Kaminski, and Does are jointly referred

to herein as Defendants), as follows: 1. This is an action for damages and injunctive relief arising under the patent

laws of the United States, Title 35, United States Code, including in particular, Sections 271, 281, 284, and 285, resulting from Defendants acts of making, using, selling, and offering for sale a so-called Easy Climb Ladder, and thereby infringing U.S. Patent No. 7,464,792 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Adair on December 16, 2008 (the 792 Patent), a true copy of which is annexed as Exhibit 1, and U.S. Patent No. 8,157,054 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Adair on April 17, 2012 (the 054 Patent), a true copy of which is annexed as Exhibit 2, both of which were duly and properly issued to Adair as the patentee and owner. PARTIES Plaintiff 2. Adair is an individual residing at 244 Indian Cove Drive, Dawsonville,

Georgia 30534. Defendants 3. BDI is a limited liability company of Georgia having an address of 1003

Cherbury Lane, Alpharetta, GA 30022 and a registered agent (United States Corporation Agents, Inc.) located at 7851 Old Morrow Road, Jonesboro. GA

30236 as shown in the records of the Georgia Secretary of State, a true copy of which is attached as Exhibit 3. 4. On information and belief, Harwell is an individual having an address of

1003 Cherbury Lane, Alpharetta, GA 30022 5. TDD is a limited liability company of Georgia, as shown by the records of

the Secretary of State of Georgia, a true copy of which is attached as Exhibit 4, and it has a place of business at 795 Vickery Street, Hartwell, GA 30643. 6. On information and belief, Henshaw is an individual having an address of

974 Lightwood Road, Hartwell, GA 30643. 7. On information and belief, Kaminski is an individual having an address of

5190 Chestatee Heights Road, Gainesville, GA 30506. 8. Does 1-20 are dealers and distributors of infringing Easy Climb Ladders

whose actual names and addresses are currently unknown. 9. Does 21-100 are customers and users of infringing Easy Climb Ladders

whose actual names and addresses are currently unknown. JURISDICTION AND VENUE 10. 11. This action arises under the federal Patent Act, 35 U.S.C. 101, et. seq. This court has subject matter jurisdiction pursuant to 28 U.S.C. 1331,

1338(a), because this action arises under Acts of Congress relating to patents.

12.

Venue is properly laid in the Northern District of Georgia pursuant to 28

U.S.C. 1391 and 1400. Statement Of Facts In Common With All Causes Of Action Of Action 13. Plaintiff Adair is the owner of the 792 Patent (Exhibit 1) which was validly

issued to him and which is in force. 14. Plaintiff Adair is also the owner of the 054 Patent (Exhibit 2) which was

validly issued to him and which is in force. 15. Adair sells marine, boat, and dock ladders made in accordance with the

claims of the 792 Patent (Exhibit 1) and the 054 Patent (Exhibit 2), under the federally registered trademark Aqua-Stairs, which mark has incontestable status. 16. Adair sells his Aqua-Stairs marine, boat, and dock ladders at, inter alia,

boat shows and at his website located at http://aquastairs.com, as shown in Exhibit 5 hereto. 17. Adairs Aqua-Stairs marine, boat, and dock ladders are, and have been,

clearly and prominently labeled as patented products, as shown on attached Exhibit 6. 18. Adair has sold many of his Aqua-Stairs marine, boat, and dock ladders in

the area surrounding Atlanta, as that is where he originated his business.

19.

The 792 Patent and the 054 Patent each have a statutory presumption of

validity. 20. In addition to the foregoing statutory presumption of validity, the 792 Patent

has expressly been upheld in a full trial conducted in this District, to wit, Michael R. Adair v. Advanced Metal Fabrication, Inc., ND GA Case No. 1:10-cv-1749CAP. First Cause of Action (Infringement of the 792 Patent and the 054 Patent by BDI) 21. On information and belief, BDI manufactures, offers for sale, and/or sells a

product it calls the Easy Climb Ladder, as shown on their website at http://www.boatdockinnovations.com, a true copy of which is shown in Exhibit 7. 22. On information and belief BDI is, and has been, aware of Adairs patented

Aqua-Stairs ladders and BDI is, and has been, on actual notice that Adairs AquaStairs ladders are covered by the 792 Patent and the 054 Patent. 23. Notwithstanding BDIs knowledge of Adairs patented Aqua-Stairs ladders,

BDI has willfully, wantonly, and with blatant disregard for its infringement, made, used, sold, and/or offered for sale infringing Easy Climb Ladders. 24. The Easy Climb Ladder offered for sale by BDI falls within the scope of one

or more claims of the 792 Patent and the 054 Patent, both literally and by virtue of the doctrine of equivalents.

25.

By making, offering for sale, and/or selling the infringing Easy Climb

Ladder, BDI has been, and continues to, infringe the 792 Patent and the 054 Patent. 26. The aforesaid infringement has been deliberate, willful, wanton, intentional,

and with knowledge of the existence of the 792 Patent. 27. The aforesaid infringement has been deliberate, willful, wanton, intentional,

and with knowledge of the existence of the 054 Patent. 28. BDIs infringement of the 792 Patent has damaged Adair in an amount to be

determined at trial. 29. BDIs infringement of the 054 Patent has damaged Adair in an amount to be

determined at trial. 30. In view of the willful nature of BDIs infringements, Adair is entitled to

enhanced damages. 31. BDIs infringement will continue unless enjoined. Second Cause of Action (Infringement of the 792 Patent and the 054 Patent by Harwell) 32. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 33. On information and belief Harwell is an officer and owner of BDI.

34.

On information and belief Harwell personally directed the infringing actions

of BDI wherefore he actively induced the infringement of the 792 Patent and the 054 Patent by BDI. 35. In emails, copies of which are attached as Exhibit 8, Harwell held BDI out as

the national distributor of the Easy Climb Ladder, with distributors across the USA. 36. In addition to the foregoing, Harwell appears in a YouTube video at

http://www.youtube.com/watch?v=kiyrpK2OT8w, in which Harwell identifies himself. 37. In the foregoing YouTube video, Harwell can be seen both promoting the

sale of the infringing Easy Climb Ladder and actually using the infringing Easy Climb Ladder to climb out of the water, as shown in Exhibit 9, which are screen shots taken from the foregoing YouTube video. 38. As a user of the infringing Easy Climb Ladder, Harwell is a direct infringer

of one or more claims of the 792 Patent and/or the 054 Patent. 39. On information and belief, Harwells infringements were with knowledge of

Adairs patented Aqua-Stairs ladders, whereby Harwells actions were deliberate, willful, wanton, and with blatant disregard for his infringements. 40. In view of the willful nature of Harwells infringements, Adair is entitled to

enhanced damages.

41.

Adair has been damaged by Harwells actions, which will continue unless

enjoined. Third Cause of Action (Infringement of the 792 Patent and the 054 Patent by TDD) 42. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 43. TDD was a dealer of Adairs Aqua-Stairs ladders, and TDD was always on

notice of Adairs patent activities, as Adairs Aqua-Stairs ladders were always marked with appropriate patent notices. 44. As shown on the TDD website, http://www.thedockdepot.com (See, Exhibit

10), TDD infringes both the 792 Patent and the 054 Patent by making, using, selling and/or offering the infringing Easy Climb Ladder for sale. 45. On information and belief, TDD has manufactured, sold, and/or offered the

Easy Climb Ladder for sale in blatant disregard of Adairs 792 Patent and 054 Patent. 46. Adair has been damaged by TDDs infringement in an amount to be

determined at trial. 47. The actions of TDD have been deliberate, willful, wanton, and with blatant

disregard for Adairs patent rights, wherefore, Adair is entitled to damages, enhanced damages, and attorneys fees.

48.

The infringements by TDD will continue unless enjoined. Fourth Cause of Action (Infringement of the 792 Patent and the 054 Patent by Henshaw)

49.

The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 50. 51. On information and belief Henshaw is an owner and officer of TDD. Based upon TDDs purchases of Adairs Aqua-Stairs ladders Henshaw had

direct knowledge of Adairs Aqua-Stairs ladders. 52. Henshaw personally directed the infringing actions of TDD wherefore he

actively induced the infringement of the 792 Patent and the 054 Patent by TDD in manufacturing, using, selling, and/or offering to sell the infringing Easy Climb Ladders. 53. On information and belief, Henshaw falsely held out to others that he had

invented the Easy Climb Ladder and that he had patented it. 54. In fact, Henshaw was a blatant infringer, having copied the design, features,

and advertising copy of Adairs Aqua-Stairs ladders previously sold by TDD. 55. The foregoing actions by Henshaw damaged Adair in an amount to be

determined at trial. 56. The foregoing actions by Henshaw were deliberate, wanton, willful, and in

blatant disregard of Adairs patent rights.

57.

In view of the willful nature of Henshaws infringements, Adair is entitled to

enhanced damages. 58. On information and belief, Henshaws actions will continue if not enjoined. Fifth Cause of Action (Infringement of the 792 Patent and the 054 Patent by Kaminski) 59. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 60. Kaminski has held himself out to be a distributor or dealer of the

infringing Easy Climb Ladders. 61. On information and belief, Kaminski has placed a number of advertisements

in which he has offered the infringing Easy Climb Ladders for sale. 62. Among the advertisements placed by Kaminski is a print advertisement in

the May 2012 issue of Lakeside News - Lanier, a free publication which is distributed at about 300 locations around Lake Lanier. A true copy of the printed ad for the Easy Climb Ladder placed by Kaminski is attached as Exhibit 11. 63. In addition to the foregoing print advertisement, Lakeside News - Lanier also

has an Internet version which is found at http://www.lakesidenews.com where copies of the foregoing edition and Kaminskis advertisement therein have been published over the Internet, as shown in Exhibit 12.

64.

In addition to advertising in Lakeside News - Lanier, Kaminski has also

placed an advertisement on CraigsList a well-known Internet advertising site, found at http://www.craigslist.org. A true copy of Kaminskis CraigsList advertisement is attached as Exhibit 13. 65. By placing such advertisements and holding himself out as a distributor or

dealer for the infringing Easy Climb Ladder, Kaminski is infringing both the 792 Patent and the 054 Patent. 66. On information and belief, Kaminski is aware of the patented Aqua-Stairs

ladder, yet he is deliberately, willfully, wantonly, and with blatant disregard for Adairs established patent rights infringing both the 792 Patent and the 054 Patent. 67. Based upon the infringements by Kaminski, Adair is entitled to damages in

an amount to be determined at trial. 68. In view of the willful nature of Kaminskis infringements, Adair is entitled

to enhanced damages. 69. The action against Kaminski is exceptional, wherefore Adair is entitled to

attorneys fees from Kaminski. 70. Kaminskis infringements will continue unless enjoined.

Sixth Cause of Action (Infringement of the 792 Patent and the 054 Patent by Does 1-20) 71. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 72. On information and belief, there are multiple dealers/distributors whose

names and addresses are not currently known to Adair, who are currently referred to herein as Does 1-20. 73. On information and belief, Does 1-20 are offering the infringing Easy Climb

Ladder for Sale and selling the same, notwithstanding their infringement of one or more claims of the 792 Patent and/or the 054 Patent. 74. The infringing actions of Does 1-20 have damaged Adair in an amount to be

determined at trial. 75. 76. The infringing actions of Does 1-20 will continue unless enjoined. Adair is entitled to damages and injunctive relief against Does 1-20. Seventh Cause of Action (Infringement of the 792 Patent and the 054 Patent by Does 21-100) 77. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out.

78.

On information and belief infringing Easy Climb Ladders have been sold by

BDI, TDD, Kaminski, and Does 1-20 to customers (herein referred to as Does 21100), whose names and addresses are currently unknown to Adair. 79. On information and belief, such customers (Does 21-100), are infringing

both the 792 Patent and the 054 Patent by using such infringing Easy Climb Ladders, thereby damaging Adair in an amount to be determined at trial. 80. On information and belief, such customers (Does 21-100) will continue to

infringe the 792 Patent and the 054 Patent by using the infringing Easy Climb Ladders until enjoined. 81. Adair is entitled to damages and injunctive relief against Does 21-100. Eighth Cause of Action (Common Law Conspiracy) 82. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 83. On information and belief, the various Defendants, other than Does 21-100,

acted in concert in the manufacture, sale, and distribution of the infringing Easy Climb Ladders, with the knowledge that their actions would cause harm and damage to Adair, and their actions did so.

84.

In view of their combined willful, wanton infringing actions, in blatant

disregard for Adairs established patent rights, the actions of the Defendants (other than Does 21-100) constituted a common law conspiracy.

PRAYER FOR RELIEF WHEREFORE, plaintiff Adair respectfully requests judgment: (a) That Defendants have infringed the 792 Patent and that such infringement was deliberate, willful, wanton, and with blatant disregard for Adairs patent rights; (b) That Defendants have infringed the 054 Patent and that such infringement was deliberate, willful, wanton, and with blatant disregard for Adairs patent rights; (c) Awarding Adair damages in an amount to be proven at trial by reason of Defendants infringement of the 792 Patent; (d) Awarding Adair damages in an amount to be proven at trial by reason of Defendants infringement of the 054 Patent; (e) Increasing the damages awarded to Adair by up to three times the amount found to be Adairs actual damages, as authorized by 35 U.S.C. 284; (f) Awarding Adairs attorneys fees and other expenses of litigation pursuant to 35 U.S.C. 285;

(g) (h)

Awarding Adair prejudgment interest and costs pursuant to 35 U.S.C. 284; That the Defendants (other than Does 21-100) be held jointly and severally liable for all damages, enhanced damages, and attorneys fees awarded;

(i)

Permanently enjoining Defendants, their members, officers, directors, agents, representatives, and all persons acting in concert with it from infringing the 792 Patent and/or the 054 Patent; and

(j)

Awarding Adair such other and further relief as this honorable court may deem equitable and proper.

A JURY TRIAL IS DEMANDED. Undersigned certifies compliance with LR 5.1C (Times New Roman, 14 point). Respectfully submitted, Dated: __June 4, 2012__ By:_s/ Sanford J. Asman_________ Sanford J. Asman Georgia Bar No. 026118 Law Office of Sanford J. Asman 570 Vinington Court Atlanta, Georgia 30350 Attorney for Plaintiff Phone : (770) 391-0215 Fax : (770) 668-9144 Email : sandy@asman.com

Exhibits 1. U.S. Patent No. 7,464,792 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Michael Ray Adair on December 16, 2008. 2. U.S. Patent No. 8,157,054 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Adair on April 17, 2012. 3. Georgia Secretary of State Business Listing for Boat Dock Innovations, LLC 4. Georgia Secretary of State Business Listing for The Dock Depot & Marine Supply Co. LLC 5. 6. 7. 8. 9. 10. 11. 12. 13. Adairs http://aquastairs.com web site. Photos of Adairs Aqua-Stairs ladders showing patent markings BDIs http://www.boatdockinnovations.com web site. Harwell Emails YouTube Screen Shots TDDs http://www.thedockdepot.com web site. Defendant Kaminskis printed ad in Lakeside News - Lanier Defendant Kaminskis Internet ad in Lakeside News - Lanier Defendant Kaminskis CraigsList advertisement