UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

StoneAge, Inc., a Colorado corporation, Plaintiff, v. NLB Corporation, a Michigan corporation, Defendant.

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CASE NO. Jury Trial Demanded

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff StoneAge, Inc. (StoneAge) files this Complaint for patent infringement against Defendant NLB Corporation (NLB) and alleges as follows: PARTIES 1. StoneAge, Inc. is a corporation organized and existing under the laws of

Colorado with its principal place of business at 466 Skylane Dr., Durango, Colorado 81303. 2. NLB Corporation (NLB) is a corporation organized and existing under the

laws of Michigan with its headquarters and principal place of business at 29830 Beck Road, Wixom, Michigan 48393, and sometimes does business under the assumed name National Liquid Blasting Company. 3. company. THE ASSERTED PATENT 4. The patent at issue in this lawsuit United States Patent No. 8,006,920, entitled NLB is a wholly owned subsidiary of Interpump Group S.p.A., an Italian

Self Regulating Fluid Bearing High Pressure Rotary Nozzle with Balanced Thrust Force, properly issued on August 30, 2011 (the 920 Patent or Asserted Patent). COMPLAINT FOR PATENT INFRINGEMENT Page 1

5. 6. Patent.

The 920 Patent is collectively referred to herein as the Asserted Patent. StoneAge owns by assignment all rights, title, and interests in the Asserted

BACKGROUND 7. StoneAge has a long history of innovation in the field of waterjet tools. The

company was started in 1979. The first StoneAge tool was a hand-held waterjet drill for use by uranium miners to drill holes in sandstone for blasting and roof bolting. Soon after the development of the waterjet drill, the uranium mining market collapsed. In the search for other markets, the waterjet drill was marketed to the construction industry as an alternative to conventional drilling and blasting of rock. 8. In addition to the initial application of cutting rock, StoneAge discovered that,

with some slight modifications, the waterjet drill could be very useful in the cleaning of pipes and tubes, such as those used in heat exchangers in industrial facilities such as power plants and refineries. Since that time, the StoneAge product line has continued to expand. Presently, the market for waterjet technology for use in industrial cleaning applications greatly exceeds the market for waterjet drills used in the mining and construction industries. 9. StoneAge proceeded to design and develop other high pressure cleaning

equipment using technology similar to that used in its first water drill. StoneAge flourished due in part to its innovation and leadership in the field of waterjet cleaning. StoneAge is now recognized as a world leader in providing tools and equipment for waterjet cleaning. StoneAge has hundreds of customers and distributors located around the world. StoneAge is an employee owned company with a dynamic team providing comprehensive engineering, manufacturing and

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service capabilities. StoneAge has a modern, well-equipped facility, capable of meeting existing and projected demands for its products. 10. One example of StoneAges innovation is shown in the 920 Patent. The

inventions of the 920 Patent are embodied in StoneAges Banshee line of products, which have been marked at all relevant times in compliance with 35 U.S.C. 287. The Banshee was introduced to the marketplace in August, 2005, and has been a commercially successful product. As one example, the Banshee is useful for cleaning tubes typically found, for example, in heat exchangers in industrial facilities such as refineries, chemical plants, and power plants. 11. Success has invited competition. For many years NLB purchased waterblast

tools from StoneAge for resale as a distributor. More recently, it appears that NLB is copying StoneAges patented technology rather than purchasing from StoneAge or developing its own. One example of NLBs copying of StoneAges patented technology is NLBs Typhoon 10 line of devices, including but not limited to RPN 2410 and RPN 1510 (the RPN 2410 and RPN 1510, as well as all similar devices referred to herein as the Typhoon Devices). 12. The Typhoon Devices infringe one or more claims of the 920 Patent. The

Typhoon Devices are referred to herein as the Accused Products. 13. NLB introduced its Typhoon Devices on or about August, 2009. Since then,

StoneAge has had to contend with NLBs attempts to sell to StoneAges customers for the Banshee product in the United States as well as in the international market. For example, NLB displayed the Typhoon Devices at a trade show last February, 2010, in Louisville, Kentucky, where StoneAge was also an exhibitor. As another example, StoneAges customers in Europe have been approached by NLB sales representatives offering to sell and selling the Typhoon Devices, which, on information and belief, were made in the United States. As another example,

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StoneAges customers in this country have cancelled orders for the Banshee products in order to purchase NLBs Typhoon Devices. 14. On information and belief, NLB has offered and is offering for sale and/or has

sold the Accused Products in this District. In addition, NLB has transacted business with StoneAge, which is located in this District. 15. In addition, NLB operates a website at http://www.nlbcorp.com on which it

promotes the Accused Products throughout the United States, including this District. 16. In addition, on information and belief, NLB has offered for sale and/or sold the

Accused Products to entities outside of this District that in turn resale and/or ship the Accused Products into this District. 17. While StoneAges products are superior, StoneAge has lost sales that it would

have made but for NLBs infringement. In addition, StoneAge has and will continue to suffer irreparable harm, including but not limited to loss of marketshare and/or harm to good will due to NLBs infringing acts. JURISDICTION AND VENUE 18. This civil action for patent infringement arises under the Patent Laws of the

United States, 35 U.S.C. 1 et seq. This Court has jurisdiction over the claims presented herein pursuant to 28 U.S.C. 1331 and 1338(a). 19. NLB manufactures, imports, uses, offers for sale, and/or sells the Accused

Products within the United States, including this District, that infringe one or more claims of the 920 Patent. 20. On information and belief, NLB sells and/or offers for sale the Accused Products

within this District. In addition, NLB sells the Accused Products within the United States, which

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Accused Products are placed in the stream of commerce and ultimately, on information and belief, are used, sold and/or or offered for sale in this District. On information and belief, customers who have purchased the Accused Products from NLB are using the Accused Products in this District. Therefore, NLB has directly infringed the Asserted Patent within this District and/or contributed to or induced infringement of the Asserted Patent within this District. 21. NLB is a foreign corporation transacting business within the state of Colorado; is

causing tortious injury by committing all or part of the tortious acts described herein within the State of Colorado; and/or is causing tortious injury in the State of Colorado by committing all or part of the tortious acts or omissions described herein outside the state of Colorado; and/or is causing tortious injury by committing all or part of the tortious acts or omissions described herein outside the state of Colorado while regularly conducting or soliciting business or deriving revenue from goods used or consumed or services rendered within the State of Colorado. Therefore, this Court has personal jurisdiction over NLB under the Colorado long-arm statute, Colo. Rev. Stat. 13-1-124. 22. Venue is proper in this District pursuant to 28 U.S.C. 1400(b) and 1391(c). FIRST CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 8,006,920 23. NLB has been and is now directly and indirectly infringing one or more claims of

the 920 Patent by (1) making, having made, importing, using, offering to sell, or selling the patented inventions, (2) by actively inducing others to make, import, use, offer to sell, or sell the patented inventions, or (3) by contributing to the manufacture, import, use, sale, or offer for sale the patented inventions in the State of Colorado, this Judicial District, and the United States. 24. More particularly, without limitation, NLB is now infringing one or more claims

of the 920 Patent by making, having made, importing, using, offering to sell, or selling the

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Typhoon Devices, and/or inducing or contributing to the infringement of the 920 Patent by others. 25. 26. These infringing acts by NLB have been willful. By the filing of this Complaint, StoneAge has given NLB actual notice of the

existence of the 920 Patent and NLBs infringement. Despite such notice, NLB will likely continue to do so unless otherwise enjoined by this Court. 27. StoneAge has been damaged by the infringing activities of NLB and will be

irreparably harmed unless those infringing activities are preliminarily and permanently enjoined by this Court. StoneAge does not have an adequate remedy at law. REQUEST FOR RELIEF WHEREFORE, StoneAge requests the following relief: (a) A judgment in favor of StoneAge that NLB has directly infringed and has

indirectly infringed, by way of inducement and/or contributory infringement, one or more claims of the Asserted Patent and that such infringement has been willful; (b) A judgment in that StoneAge has been irreparably harmed by the infringing

activities of NLB and is likely to continue to be irreparably harmed by NLBs continued infringement; (c) Preliminary and permanent injunctions prohibiting NLB and its officers, agents,

servants, employees and those persons in active concert or participation with any of them, as well as all successors or assignees of the interests or assets related to the Accused Products, from further infringement, direct and indirect, of the Asserted Patent; (d) A judgment and order requiring NLB to pay StoneAge damages adequate to

compensate for NLBs infringement under 35 U.S.C. 284, which damages may include lost

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profits but in no event shall be less than a reasonable royalty for the use made of the inventions of the Asserted Patent, including pre- and post-judgment interest and costs, including expenses and disbursements; (e) A judgment and order awarding treble damages to StoneAge pursuant to 35

U.S.C. 284, in view of the willful and deliberate nature of the infringement, with interest; (f) A judgment declaring this to be an exceptional case under 35 U.S.C. 285 and

awarding StoneAge its attorneys fees; (g) A judgment holding NLB liable for all damages, costs, expenses, and attorneys

fees so awarded; and (h) Any and all such further necessary or proper relief as this Court may deem just. DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, StoneAge hereby demands a trial by jury of all issues so triable.

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DATED: August 30, 2011

BUETHER JOE & CARPENTER, LLC

By:

/s/ Brian A. Carpenter Brian A. Carpenter Colorado Bar No. 25458 Brian.Carpenter@BJCIPlaw.com 1700 Pacific Avenue Suite 2390 Dallas, Texas 75201 Phone: (214) 446-1273 Fax: (214) 635-1829 ATTORNEYS FOR PLAINTIFF STONEAGE, INC.

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