Friday, 07 March, 2014 10:46:07 AM Clerk, U.S.

District Court, ILCD IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS

E-FILED

CALMER CORNHEADS, LLC, an Illinois Corporation and MARION CALMER, a Citizen of Illinois, Plaintiffs, vs. TANGO 4, LLC, a Kentucky Corporation JURY TRIAL DEMANDED and LAWSON MARKETING, INC., a Kentucky Corporation, Defendants. CIVIL CASE NO.

COMPLAINT Plaintiffs Calmer Cornheads, LLC (CCH) and Marion Calmer, (Mr. Calmer and collectively, Plaintiffs) in filing this Complaint against Defendants Tango 4, LLC (Tango 4) and Lawson Marketing, Inc. (Lawson Marketing and collectively, Defendants) allege as follows: NATURE OF THE ACTION 1. Plaintiffs bring this Complaint for the infringement of U.S. Pat. No. 5,704,202 (the 202 patent) against Defendants. By reason of Defendants infringement and/or willful infringement of the 202 patent, Plaintiffs are seeking preliminary and permanent injunctive relief, recovery of Defendants wrongfully made profits, compensatory damages, and trebled damages.

PARTIES 2. Mr. Calmer, individually, and as the inventor/owner of the 202 patent, and as the owner of CCH, and as the licensor of the rights of the 202 patent, is a citizen of the State of Illinois and resides in the City of Alpha, in the State of Illinois. 3. CCH is an Illinois Corporation, and the sole and exclusive licensee of the 202 patent, organized and existing under the laws of the State of Illinois, with its principal place of business at 3056 700th Avenue, Lynn Center, Illinois 61262. 4. Upon information and belief, Tango 4 is a Kentucky Limited Liability Corporation, organized and existing under the laws of the State of Kentucky, with its principal place of business at 4968 Point Pleasant Road, Pleasureville, Kentucky 40057. 5. Upon information and belief Tango 4 regularly conducts business in the State of Illinois. 6. Upon information and belief, Lawson Marketing is a Kentucky Corporation, organized and existing under the laws of the State of Kentucky, with its principal place of business at 395 Briggs Hill Rd., Bowling Green, KY 42101. 7. Upon information and belief, Lawson Marketing regularly conducts business in the State of Illinois.

JURISDICTION AND VENUE 8. This is a civil action arising primarily under the Patent Act of 1953 codified in Title 35 of the United States Code 100 et seq. 9. This Court has jurisdiction over the subject matter of Plaintiffs claims pursuant to 28 U.S.C. 1331 (federal question jurisdiction) and 28 U.S.C. 1338 (general jurisdiction for patent actions).

10. This Court has personal jurisdiction over Defendants by virtue of systematic and continuous contacts with Illinois and this judicial district. 11. Venue is proper in this Court pursuant to 28 U.S.C. 1391 (c) in that Plaintiffs are subject to personal jurisdiction in this district and therefore reside in this district.

RELEVANT FACTS 12. Plaintiff Mr. Calmer is the owner and CEO of CCH. 13. Plaintiff Mr. Calmer is the owner and inventor of the 202 patent, a true and accurate copy of which is attached hereto as Exhibit A, for a universal row unit which allows the use of one gathering chain per row unit versus two gathering chains per row unit. The advantage of the protected one-gathering-chain design versus the two-gathering-chains designs of the prior art is to allow reduction in the spacing between corn rows. 14. Plaintiff CCH is in the business of, inter alia, developing, manufacturing, and selling cornheads and associated components. 15. Plaintiff CCH, under an exclusive license from and as the sole licensee of Plaintiff Mr. Calmer, manufactures and sells cornheads that implement and effectuate the designs and that practice the inventions disclosed in the 202 patent (hereinafter, collectively, 202 Cornheads) and has invested substantially in the commercialization of such invention under the Calmer Cornheads brand name. 16. Defendant Tango 4 is a corporation established by multiple Argentine businesses for a joint sales venture in the United States and is in the business of, inter alia, distributing, selling, and manufacturing for distribution and sale cornheads and associated components and devices used for farming.

17. Defendant Tango 4 has sold and/or offered to sell infringing 202 Cornheads, and has manufactured, and/or outsourced the manufacture to an unauthorized third party of infringing 202 Cornheads. 18. Neither Plaintiff Mr. Calmer nor CCH has authorized Tango 4 as a manufacturer, dealer, licensee, distributor, or other rights holder of the 202 patent or of any 202 Cornheads, nor are any authorized manufacturers, dealers, licensees, distributors, or other rights holders authorized to distribute through or to Tango 4 for the purpose of resale or distribution of any 202 Cornheads. 19. Defendant Tango 4 had actual notice of Mr. Calmers exclusive rights under the 202 patent at least as early as March 31, 2012. On that date, Tango 4 entered into a Confidentiality and Non-Compete Agreement (NDA) with CCH, a true and accurate copy of which is attached hereto as Exhibit B, which was executed at Plaintiff CCHs Illinois facility, although the agreement regarded other of Plaintiff CCHs products not protected by or practicing the 202 patent. Plaintiff Mr. Calmer explicitly alerted Defendant Tango 4 to the patent rights of Mr. Calmer and CCH under the 202 patent during a brief visit through Plaintiffs facilities at that time. 20. Defendant Lawson Marketing is in the business of, inter alia, international marketing and business consulting in the agriculture and farm equipment arenas. 21. On July 2, 2012, Defendant Lawson Marketing issued a press release stating it had entered into a relationship with Defendant Tango 4 to represent Defendant Tango 4 in the US and Canada to establish a dealer organization to sell and service the infringing 202 Cornheads manufactured by Defendant Tango 4, a copy of this press release is attached as Exhibit C. As recently as February 5, 2014, Defendant Lawson Marketing has stated it has contracted with

various distributors for Defendant Tango 4, including thirteen (13) located in Illinois, two (2) in Indiana, ten (10) in Iowa, seven (7) in Kentucky, four (4) in Missouri, four (4) in Nebraska, eight (8) in Ohio, and two (2) in Tennessee. A copy of Lawson Marketings advertisement of its distribution relationships set up on behalf of Tango 4, updated February 5, 2014, is attached as Exhibit D. 22. On August 28-30, Defendant Tango 4, either acting itself or through Defendant Lawson Manufacturing, displayed its infringing 202 Cornheads at the 2012 Farm Progress Show in Boone, Iowa. Defendant Lawson Manufacturing has stated that since that show, numerous distributors have contracted with Tango 4 to distribute these infringing 202 Cornheads. 23. Neither Plaintiff has not authorized Lawson Marketing as a manufacturer, dealer, licensee, distributor, or other rights holder of the 202 patent or of any 202 Cornheads, nor are any authorized manufacturers, dealers, licensees, distributors, or other rights holders authorized to distribute through or to Lawson Marketing for the purpose of resale or distribution of any 202 Cornheads.

COUNT IINFRINGEMENT OF THE 202 PATENT 24. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1 through 23 of this Complaint as if fully set forth herein. 25. Upon information and belief, Defendants have made, used, sold, offered for sale, and/or imported into the United States cornheads that infringe the 202 patent, a true and accurate copy of which is attached as Exhibit A. 26. Upon information and belief, Defendants cornheads that infringe the 202 patent include, without limitation, the line of cornheads made and sold using the name Calmer BT Chopper.

27. Upon information and belief, Defendants have infringed, contributed to, and/or induced infringement of all claims in the 202 patent, 134, by making, using, offering to sell, selling within the United States and/or importing into the United States cornheads using row units using a single gathering chain (as defined above as 202 Cornheads). 28. Upon information and belief, Defendant Lawson Manufacturing has infringed, contributed to, and/or induced infringement of all claims in the 202 patent, 134, by selling, and or offering to sell within the United States infringing 202 Cornheads using row units using a single gathering chain manufactured by Tango 4. 29. As a result of proper notice, delivered by proper patent markings on CCHs 202 Cornheads, Defendant Lawson Marketings conduct is considered to be willful and deliberate. 30. As a result of proper notice, delivered by proper patent markings on CCHs 202 Cornheads, and as a result of actual notice effectuated on March 31, 2012 by Defendant Tango 4s visit to the CCH manufacturing facility, direct introduction to the 202 patent and the 202 Cornheads, and execution of the NDA, Defendant Tango 4s conduct is considered to be willful and deliberate. 31. As a direct and proximate result of Defendants infringement of the 202 patent, Plaintiffs have suffered and continue to suffer damages, including but not limited to lost profits via sales redirected to purchases of the infringing units sold by Defendants. 32. Plaintiffs have no adequate remedy at law for the ongoing infringement of the 202 patent and will be irreparably injured unless Defendants acts of infringement are enjoined by this Court. Plaintiffs are likely to succeed on the merits, the public interest will be harmed, and a balance of hardships favor preliminarily enjoining Defendants conduct.

JURY DEMAND In accordance with Federal Rules of Civil Procedure 38 and 39, Plaintiffs Mr. Calmer and Calmer Cornheads demand a trial by jury on all issues so triable.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that the Court enter judgment in their favor and against Defendants, and that Plaintiffs be granted the following relief: A. Issuance of a preliminary injunction and a permanent injunction restraining Defendant Tango 4, its officers, agents, servants, attorneys and all persons in active concert or participation with Tango 4 from further acts of infringement of the 202 patent; B. Issuance of a preliminary injunction and a permanent injunction restraining Defendant Lawson Marketing, its officers, agents, servants, attorneys and all persons in active concert or participation with Lawson Marketing from further acts of infringement of the 202 patent; C. Entry of an award of damages sufficient to compensate Plaintiffs for Defendants infringement; D. Entry of an award of increased damages in an amount not less than three times the damages found or assessed by this Court for Defendants willful and wanton acts of infringement; E. Order Defendants to pay all costs, attorneys fees, and applicable interests; and F. Grant Plaintiffs such other and further relief as this Court shall deem appropriate.

Dated: March 6, 2014

Respectfully submitted, /jayrhamilton14923/ By: Jay R. Hamilton 14923 HAMILTON IP LAW, PC 201 W. 2nd Street, Suite 400 Davenport, IA 52801 Tel: (563) 441-0207 Fax: (563) 823-4637 jay@hamiltoniplaw.com Charles A. Damschen AT002402 HAMILTON IP LAW, PC HAMILTON IP LAW, PC 201 W. 2nd Street, Suite 400 Davenport, IA 52801 Tel: (563) 441-0207 Fax: (563) 823-4637 charlie@hamiltoniplaw.com ATTORNEYS FOR PLAINTIFFS MARION CALMER CALMER CORNHEADS

EXHIBIT A US PAT. 5,704,202

10

11

12

13

14

15

16

EXHIBIT B CALMER CORN HEADS-TANGO 4 NDA

17

18

19

EHIBIT C LAWSON MARKETING PRESS RELEASE

20

21

22

EXHIBIT D LAWSON MARKETINGS TANGO 4 DEALERS (Pasted from PDF of Website)

Tango4ContractedDealersintheU.S.&Canada Illinois
ColeImplementCo. Illinois116 Media,IL61460 (309)9241191 FarmPrideArthur 1201NorthVineStreet Arthur,IL61911 (217)54322116 FarmPrideCasey 506USHighway40 Casey,IL62420 (217)9322116 FarmPrideMattoon SouthRoute45 Mattoon,IL61938 (217)2342105 FarmPrideNewton 9460EastStateHwy33 Newton,IL62448 (618)7838716 FarmPrideShelbyville Route16West Shelbyville,IL62565 (217)7749541 HDIEquipmentInc. 10337Rt78South MountCarroll,IL61053 (815)5411973 SieversEquipmentCo.,Inc. 406N.OldRouth66 Hamel,IL62046 (618)6332622

23

SieversEquipmentCo.,Inc. 8080StateRoute16 Hillsboro,IL62049 (217)5323222 SieversEquipmentCo.,Inc. StateRoute267South Greenfield,IL62044 (217)3682486 SieversEquipmentCo.,Inc. 1351W.JacksonSt. Auburn,IL62615 (217)4386111 SieversEquipmentCo.,Inc. 14464ShadRd Carlinsville,IL62626 (217)8543191 TriCoEquipment 1168East1500NorthRd. Taylorsville,IL62568 (217)2877411 Indiana MillerEquipment 751EastUS52 Rushville,IN46173 (765)9323986 MillerEquipment 2476WestStateRd46 Greensburg,IN47240 (812)6632566 Iowa VetterEquipment 61014thAve.South Denison,IA51442 (712)2634637

24

VetterEquipment 1871Hwy.71North Audubon,IA50025 (712)5634219 VetterEquipment 1020South12thStreet Clarinda,IA51632 (712)5425147 VetterEquipment 2503Hwy.2East Corydon,IA50060 (641)8722000 VetterEquipment 2552LandmarkAve. IdaGrove,IA51445 (712)3643184 VetterEquipment 9983Hwy92 Indianola,IA50125 (515)9612541 VetterEquipment 1703W.SouthSt. MountAyr,IA50854 (641)4643268 VetterEquipment 60788LincolnHwy. Nevada,IA50201 (515)3825496 VetterEquipment 2310IowaAve. Onawa,IA51040 (712)4231069 VetterEquipment 135PrairieRd. StormLake,IA50588 (712)7324252

25

Kentucky McKeelEquipmentCo.,Inc. 503WalnutSt. Murray,KY42071 (270)7533062 McKeelEquipmentCo.,Inc. 1939N.8thSt. Paducah,KY42001 (270)4440110 Hobdy,Dye&Read,Inc. 261BurnleyRd Scottsville,KY42164 (270)6225105 Hobdy,Dye&Read,Inc. 5317NashvilleRd. BowlingGreen,KY42101 (270)7964105 Hobdy,Dye&Read,Inc. 1410Hwy.261South Hardinsburg,KY40143 (270)7562555 Hobdy,Dye&Read,Inc. 1122CampbellsvilleRd. Columbia,KY42728 (270)3842017 Hobdy,Dye&Read,Inc. 2653ElizabethtownRd. Leitchfield,KY42754 (270)2590471 Missouri DonMedlinCompany,Inc 1197StHwyD Caruthersville,Missouri63830 (573)3330663

26

EnnisImplementCo. 1117S.Main Vandalia,MO63382 (573)5946473 EnnisImplementCo. 1250LittlebyRoad Mexico,MO65265 (573)5813223 EnnisImplementCo. 580SouthLincolnDrive Troy,MO63379 (636)5288441 Nebraska KaytonInternational,Inc. 2630StateHwy14 Albion,NE68620 (402)3952181 KaytonInternational,Inc. 3001South13thSt. Norfolk,NE68702 (402)3713656 KaytonInternational,Inc. 1211West2nd Crofton,NE68730 (402)3884374 KaytonInternational,Inc. WestHwy.275 Neligh,NE68756 (402)8874118 Ohio JDEquipmentInc. 1660US42NE London,OH43140 (614)8795767

27

JDEquipmentInc. 1200DelmontRoad Lancaster,OH43130 (740)6536951 JDEquipmentInc. 1662USRt.62 WashingtonCH,OH43160 (740)3351484 JDEquipmentInc. 7559US68N. Wilmington,OH45117 (937)4865211 JDEquipmentInc. 219ColumbusSanduskyRd.N. Marion,OH43302 (740)3865058 JDEquipmentInc. 4394NorthpointDrive Zanesville,OH43701 (740)4507448 JDEquipmentInc. 4079LymanDrive Hilliard,OH43026 (614)5278800 KrystowskiTractorSales,Inc. 47117StateRoute18 Wellington,OH44090 (888)6864508 Tennessee TriCountyFarmersEquipment,Inc. 206ParksStreet Newbern,TN38059 (731)6272541 TriCountyFarmersEquipment,Inc. 2217USHwy45ByPassSouth Trenton,TN38382 (731)8332323

28

Alberta,Canada MedicineHatNewHollandLtd. 162530StSW MedicineHat,ABT1B3N5 (403)5282800 BrooksNewHolland CassilsRoadW. Brooks,ABT1ROE9 (403)3626256 Ontario,Canada Church'sFarmSupplyLtd. 35607thLine Innisfil,OntarioL9S3M5 (705)7282374 DeltaPowerEquipment WarwickTwp 6974ForestRoad WarwickTwp,Ontario,CanadaNON1J4 (519)7865335 DeltaPowerEquipment Essex 328TalbotSt.North Essex,Ontario,CanadaN8M2W4 (519)7767374 DeltaPowerEquipment Exeter 615MainSt.South Exeter,Ontario,CanadaN0M1S1 (519)2352121 DeltaPowerEquipment Forest 6974ForestRoad Forest,OntarioCanadaN0N1J4 (519)7865335 DeltaPowerEquipment Seaforth 42787HydroLineRoad Seaforth,Ontario,CanadaN06 (519)5270120

29

DeltaPowerEquipment Watford RR#4,5523NauvooRoad Watford,Ontario,CanadaN0M2S0 (519) 849-2744

30