UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA __________________________________________ ) SUPERIOR INDUSTRIES, INC, ) ) Civil No. Plaintiff, ) ) v.

) COMPLAINT ) MASABA, INC. ) ) JURY TRIAL REQUESTED Defendant. ) __________________________________________) Plaintiff, Superior Industries, Inc. (Superior), for its Complaint against defendant Masaba, Inc. (Masaba) states and alleges as follows: PARTIES 1. Plaintiff Superior is a Minnesota Corporation having a place of business at 315

East State Highway 28, Morris, Minnesota 56267. 2. Defendant Masaba is a South Dakota corporation having a place of business at

1617 317th Street, Vermillion, South Dakota 57069. JURISDICTION AND VENUE 3. This is an action for patent infringement under the patent laws of the United

States, 35 U.S.C. 1 et seq. and specifically 35 U.S.C. 271. 4. 5. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). This Court has personal jurisdiction over defendant because defendant conducts

business in the State of Minnesota, and has committed acts of infringement in the State of Minnesota. 6. Venue lies in this Court pursuant to 28 U.S.C. 1391.

PRELIMINARY ALLEGATIONS 7. On September 6, 2011, United States Patent No. 8,011,490, entitled Portable

Low Profile Drive-Over Truck Dump Conveyor System (hereinafter the 490 Patent) was duly and legally issued. A true and correct copy of the 490 Patent is attached hereto as Exhibit A. 8. On June 12, 2012, United States Patent No. 8,196,729, entitled Portable Low

Profile Drive-Over Truck Dump Conveyor System (hereinafter the 729 Patent) was duly and legally issued. A true and correct copy of the 729 Patent is attached hereto as Exhibit B. 9. On April 30, 2013, United States Patent No. 8,430,225, entitled Portable Low

Profile Drive-Over Truck Dump Conveyor System (hereinafter the 225 Patent) was duly and legally issued. A true and correct copy of the 225 Patent is attached hereto as Exhibit C. 10. Patents. 11. Superior provided actual notice to Masaba of the issuance of the 490 patent and Superior is the exclusive owner by assignment of the 490, the 729, and the 225

that the 490 patent covered Masabas portable truck unloaders on or about the date the 490 patent issued. COUNT I FOR INFRINGEMENT OF U.S. PATENT NO. 8,011,490 12. Defendant has been and is directly infringing, actively inducing others to infringe

and/or contributing to the infringement by its unauthorized making, using, offering to sell, selling and/or importing portable truck unloaders in and/or from the United States that are covered by one or more claims of the 490 Patent. 13. On information and belief, Defendants infringement of the 490 Patent has been

and continues to be willful.

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Plaintiff has suffered and will continue to suffer monetary damages as a result of

Defendants infringement of the 490 Patent in an amount to be determined at trial. 15. Plaintiff has suffered and will continue to suffer irreparable harm by Defendants

infringement of the 490 Patent unless Defendant is enjoined from infringing the 490 Patent. COUNT II FOR INFRINGEMENT OF U.S. PATENT NO. 8,196,729 16. Defendant has been and is directly infringing, actively inducing others to infringe

and/or contributing to the infringement by its unauthorized making, using, offering to sell, selling and/or importing portable truck unloaders in and/or from the United States covered by one or more claims of the 729 Patent. 17. On information and belief, Defendants infringement of the 729 Patent has been

and continues to be willful. 18. Plaintiff has suffered and will continue to suffer monetary damages as a result of

Defendants infringement of the 729 Patent in an amount to be determined at trial. 19. Plaintiff has suffered and will continue to suffer irreparable harm by Defendants

infringement of the 729 Patent unless Defendant is enjoined from infringing the 729 Patent. COUNT III FOR INFRINGEMENT OF U.S. PATENT NO. 8,430,225 20. Defendant has been and is directly infringing, actively inducing others to infringe

and/or contributing to the infringement by its unauthorized making, using, offering to sell, selling and/or importing portable truck unloaders in and/or from the United States covered by one or more claims of the 225 Patent. 21. On information and belief, Defendants infringement of the 225 Patent has been

and continues to be willful.

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Plaintiff has suffered and will continue to suffer monetary damages as a result of

Defendants infringement of the 225 Patent in an amount to be determined at trial. 23. Plaintiff has suffered and will continue to suffer irreparable harm by Defendants

infringement of the 225 Patent unless Defendant is enjoined from infringing the 225 Patent. REQUEST FOR JURY TRIAL 24. Plaintiff requests a trial by jury on all issues so triable. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests the Court to enter judgment in its favor and against Defendant as follows: A. B. That Defendant has infringed the 490, 729, and 225 Patents; That Defendant and its subsidiaries, parents, officers, directors, agents, servants,

employees, agents, affiliates, attorneys, and all other persons in active concert or participation with Defendant be enjoined from making, using, selling, offering to sell, and importing products covered by the 490, 729, 225 Patents, and from inducing and/or contributing to the infringement of the 490, 729, and 225 Patents; C. Awarding Plaintiff its lost profits and/or a reasonable royalty in an amount to be

proved at trial pursuant to 35 U.S.C. 284, including pre-judgment and post-judgment interest; D. That Defendants infringement has been willful and awarding enhanced damages

pursuant to 35 U.S.C. 284; E. That this action is an exceptional case and awarding Plaintiff its costs,

disbursements and attorneys fees in this action pursuant to 35 U.S.C. 285; F. Awarding Plaintiff such other relief as the Court may deem just and equitable.

DICKE, BILLIG & CZAJA, PLLC

Dated: October 31, 2013

By: s/John M. Weyrauch John M. Weyrauch (221,879) Paul P. Kempf (239,215) 100 South Fifth Street, Suite 2250 Minneapolis, MN 55402 Telephone: (612) 767-2512 Facsimile: (612) 573-2005 ATTORNEYS FOR PLAINTIFF