IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION TEXAS RESEARCH INTERNATIONAL, INC.

, Plaintiff, v. SEA CON BRANTNER & ASSOCIATES, INC. and A&A COMPANY INC., Defendant. 1:11-cv-869 CIVIL ACTION No. _________________

JURY TRIAL DEMANDED

PLAINTIFFS ORIGINAL COMPLAINT Plaintiff, Texas Research International, Inc. (TRI), brings this suit for patent infringement against Defendants, Sea Con Brantner & Associates, Inc. (SeaCon) and A&A Company Inc. (A&A), and alleges as follows: I. Parties 1. TRI is a Texas corporation having a principal place of business at 9063 Bee Caves

Road, Austin, Travis County, Texas 78733-6201. 2. SeaCon is a corporation organized under the laws of California having a place of

business at 21925 Franz Road, Suite 401, Katy, Texas 77449, and may be served through its registered agent for service of process, Linda Klers, 1700 Gillespie Way, El Cajon, California 92020. 3. A&A is a corporation organized under the laws of New Jersey having a place of

business at 2700 South Clinton Ave., South Plainfield, New Jersey 07080, and may be served through its registered agent for service of process, R. Stewart Brunhouse Jr., 2700 South Clinton Ave. South Plainfield, New Jersey 07080.

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II. Jurisdiction and Venue 4. This action arises under the patent laws of the United States, Title 35, United

States Code 1, et seq. This Court has exclusive subject matter jurisdiction over this case for patent infringement under 28 U.S.C. 1331 and 1338(a). 5. The Court has personal jurisdiction over SeaCon because Seacon has offices

based in this state, conducts business in this state and forum, has contracted to supply services or products in this state and forum, and caused tortious injury in this state and forum. 6. The Court has personal jurisdiction over A&A because A&A, on information and

belief, has transacted and conducted business in this state, and has contracted to supply services or products in this state (including for or with SeaCon and/or its affiliates), and caused tortious injury in this state and forum. 7. Venue is proper in this Court under 28 U.S.C. 1391(b) and (c) and 1400(b). III. Factual Background 8. TRI owns United States Patent No. No. 5,942,333 (the 333 Patent) entitled

Non-Conductive Coatings for Underwater Connector Backshells, which was duly and legally issued by the United States Patent & Trademark Office (PTO) on August 24, 1999 after full and fair examination. TRI is the assignee of all rights, title and interest in and to the 333 Patent, and possesses all rights of recovery, including the right to recover all past damages, under the 333 Patent. A copy of the 333 Patent is attached as Exhibit A. 9. The inventions of the 333 Patent were made with government support under

NOOO24-93-C-4124 awarded by the U.S. Navy, Navy Sea Systems Command. Pursuant to Federal Acquisition Regulations, 48 C.F.R. Part 52, 52.227-11(d)(2), TRI elected to own the 333 Patent and agreed that the Federal Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the
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subject invention throughout the world. The Governments rights are not relevant to the nongovernmental activities of SeaCon and A&A which are subject of the infringements alleged herein. 10. On information and belief, SeaCon has solicited and obtained from A&A, and

possibly others, coated devices under the claims of the 333 Patent for non-governmental use and applications. These coated devices conform to U.S. Navy specifications which incorporate the inventions of the 333 Patent, however, the devices were not for or on behalf of the United States. Rather, SeaCon has made, used, sold, offered for sale, or imported in or into the United States, these devices, without authority, for others than the Government of the United States. 11. On information and belief, A&A has made, used, sold, offered for sale, or

imported in or into the United States, without authority, coated devices under the claims of the 333 Patent for SeaCon and others who are not the Government of the United States. The coated devices conform to U.S. Navy specifications which incorporate the inventions of the 333 Patent, however, the devices were not for or on behalf of the United States Government. 12. On information and belief, SeaCon and A&A are jointly or severally liable for at

least certain of the patent infringement causes of action, or in the alternative, these arise out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale or selling of the same accused product or process and are based on common questions of fact. IV. Patent Infringement 13. TRI hereby incorporates and realleges paragraphs 1 through 11 above as if fully

set forth herein. 14. SeaCon, by making, using, selling, offering to sell, and/or importing in or into the

United States, without authority, coated devices according to one or more claims of the 333
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Patent other than for or on behalf of the United States, has directly or indirectly infringed (by inducement), and is continuing to infringe, directly or indirectly, the 333 Patent in this district and/or otherwise within the United States. 15. On information and belief, SeaCon has knowledge of the 333 Patent, and has not

ceased its infringing activities. 16. deliberate. 17. As a direct and proximate consequence of the acts and practices of SeaCon in SeaCons infringement of the 333 Patent has been and continues to be willful and

infringing and/or inducing the infringement of one or more claims of the 333 Patent, TRI has been, is being and, unless such acts and practices are enjoined by this Court, will continue to be injured in its business and property rights. 18. As a direct and proximate consequence of the acts and practices of SeaCon in

infringing, directly and/or indirectly, one or more claims of the 333 Patent, TRI has suffered, is suffering, and will continue to suffer injury and damages for which TRI is entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial. 19. By reason of the infringing acts and practices of SeaCon, SeaCon has also caused,

is causing and, unless such acts and practices are enjoined by this Court, will continue to cause immediate and irreparable harm to TRI for which there is no adequate remedy at law, and for which TRI is entitled to injunctive relief under 35 U.S.C. 283. 20. A&A, by making, using, selling, offering to sell, and/or importing in or into the

United States, without authority, coated devices according to one or more claims of the 333 Patent other than for or on behalf of the United States, has directly or indirectly infringed (by inducement), and is continuing to infringe, directly or indirectly, the 333 Patent in this district and/or otherwise within the United States.
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21.

On information and belief, A&A has knowledge of the 333 Patent, and has not

ceased its infringing activities. 22. deliberate. 23. As a direct and proximate consequence of the acts and practices of A&A in A&As infringement of the 333 Patent has been and continues to be willful and

infringing and/or inducing the infringement of one or more claims of the 333 Patent, TRI has been, is being and, unless such acts and practices are enjoined by this Court, will continue to be injured in its business and property rights. 24. As a direct and proximate consequence of the acts and practices of A&A in

infringing, directly and/or indirectly, one or more claims of the 333 Patent, TRI has suffered, is suffering, and will continue to suffer injury and damages for which TRI is entitled to relief under 35 U.S.C. 284, in an amount to be determined at trial. 25. By reason of the infringing acts and practices of A&A, A&A has also caused, is

causing and, unless such acts and practices are enjoined by this Court, will continue to cause immediate and irreparable harm to TRI for which there is no adequate remedy at law, and for which TRI is entitled to injunctive relief under 35 U.S.C. 283. V. Prayer for Relief TRI prays for the following relief against SeaCon and A&A, jointly, severally and/or, in the alternative, with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale or selling of the same accused product or process and based on common questions of fact: a. b. A judgment that SeaCon has infringed, directly and indirectly, the 333 Patent; A judgment and order preliminarily and permanently enjoining SeaCon, its Page 5

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employees and agents, and any other person(s) in active concert or participation with it from infringing, directly or indirectly, the 333 Patent; c. A judgment and order requiring SeaCon to pay TRI damages under 35 U.S.C. 284, including treble damages for willful infringement as provided by 35 U.S.C. 284, and supplemental damages for any continuing post-verdict infringement up until entry of the final judgment with an accounting as needed; d. e. A judgment that A&A has infringed, directly and indirectly, the 333 Patent; A judgment and order preliminarily and permanently enjoining A&A, its employees and agents, and any other person(s) in active concert or participation with it from infringing, directly or indirectly, the 333 Patent; f. A judgment and order requiring A&A to pay TRI damages under 35 U.S.C. 284, including treble damages for willful infringement as provided by 35 U.S.C. 284, and supplemental damages for any continuing post-verdict infringement up until entry of the final judgment with an accounting as needed; g. h. An award of all costs of this action, including attorneys fees and interest; and Such other and further relief as the Court deems just and equitable.

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Exhibit A

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