IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

ROM ACQUISITION CORPORATION, a Delaware corporation,

) ) ) Plaintiff, ) ) v. ) ) RANDALL MANUFACTURING LLC, ) a Delaware limited liability company, ) ) and ) ) RANDALL MANUFACTURED ) PRODUCTS, INC., an Illinois corporation, ) ) Defendants. )

Case No. 12-cv-30

JURY TRIAL DEMANDED

COMPLAINT Plaintiff, ROM Acquisition Corporation (ROM or Plaintiff), for its Complaint against defendants, Randall Manufacturing LLC and Randall Manufactured Products, Inc. (collectively Randall or Defendants) states and alleges as follows: THE PARTIES 1. ROM Corporation is a Delaware corporation in good standing, having its

principal place of business at 6800 East 163rd Street, Belton, Missouri 64012. 2. Upon information and belief, defendant Randall Manufacturing LLC is a

Delaware limited liability company having its principal place of business at 722 North Church Road, Elmhurst, Illinois 60126. Randall Manufacturing LLC can be served with process by serving its registered agent in Illinois, Edward J. Momkus, 1001 Warrenville Road, Suite 500, Lisle, Illinois 60532.

3.

Upon information and belief, defendant Randall Manufactured Products,

Inc. is an Illinois corporation having its principal place of business at 722 North Church Road, Elmhurst, Illinois 60126. Randall Manufactured Products, Inc. can be served with process by serving its registered agent in Illinois, Randall R. Truckenbroadt, 741 South Route 83, Elmhurst, Illinois 60126. 4. Upon information and belief, defendant Randall Manufactured Products,

Inc. is the registrant of and owns and or operates (either individually or in active concert with defendant Randall Manufacturing LLC) the website found at http://www.randallmfg.com, and thereon offers and sells, among other things, folding ramps and related components in direct competition with ROM. JURISDICTION AND VENUE 5. This is an action for patent infringement under the patent laws of the

United States, Title 35 of the U.S. Code. This Court has jurisdiction of the patent claims under at least 28 U.S.C. 1331 and 1338(a). 6. This Court has jurisdiction over Defendants by virtue of the fact that, upon

information and belief, Defendants regularly and continuously transact business in this judicial district. 7. and 1400(b). COUNT I PATENT INFRINGEMENT 8. ROM incorporates by reference, as if fully set forth herein, the allegations Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c)

set forth in paragraphs 1 through 7.

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ROM is the owner by assignment of all right, title and interest in and to

United States Patent No. 6,536,064 (the 064 patent) which duly and legally issued and is in full force and effect. The 064 was assigned to ROM by written instrument which has been duly recorded in the United States Patent and Trademark Office. A true and correct copy of the 064 patent is attached hereto as Exhibit A and is hereby incorporated by reference. 10. Upon investigation, the Defendants, individually or in concert with one

another, have made, used, sold and/or offered to sell folding ramps that infringe one or more claims of the 064 patent and/or have actively induced infringement of the 064 patent, and thus, have infringed the 064 patent under 35 U.S.C. 271. More particularly, Defendant displayed and sold or offered to sell said folding ramps at an IFDA show on October 24, 2011 through October 25, 2011 in Fort Worth, Texas. Also the infringing products include those identified by Defendants as the RR Folding Walkramps, that Defendants have made, used, sold and/or offered to sell in this judicial district and elsewhere in interstate commerce, including via the Internet from the website located at http://www.randallmfg.com. A true and correct copy of marketing materials available for viewing on Defendants website on or about December 7, 2011, are attached hereto as Exhibit B and are hereby incorporated by reference. True and correct copies of photographs of the infringing products are attached hereto as Exhibit C and are hereby incorporated by reference. 11. On information and belief Defendants have had actual knowledge of the

064 patent prior to the making, using, selling and/or offers for sale of the infringing products.

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Defendants have no license from ROM but have nevertheless deliberately,

knowingly and willingly infringed the 064 patent, thereby causing irreparable harm and damage to ROM, which damage should be trebled pursuant to 35 U.S.C. 284. 13. The act of Defendants constitute willful infringement making this an

exceptional case within the provisions of 35 U.S.C. 285, thereby entitling ROM to recover its attorneys fees upon prevailing in this action. 14. By reason of Defendants infringement of the 064 patent, ROM has been,

and will continue to be, damaged irreparably by ongoing infringement unless Defendants are enjoined by this Court from further infringement. PRAYER FOR RELIEF WHEREFORE, ROM prays that this Court enter judgment in its favor and against Defendants as follows: (a) patent; (b) For preliminary and permanent injunctions prohibiting Defendants For entry of a judgment that Defendants have infringed the 064

and their officers, agents, directors and employees, and those in active concert with them, from infringing the 064 patent; (c) For an award of damages to ROM and against Defendants in an

amount sufficient to compensate ROM for the damage it has suffered by reason of the infringement; (d) For entry of a finding that Defendants infringement is willful and

that this is an exceptional case entitling ROM to an award of treble damages

under 35 U.S.C. 284 and an award of its reasonable attorneys fees under 35 U.S.C. 285; (e) allowable rate; (f) (g) For an award to ROM of its costs; and For an award to ROM of such other and further relief as the Court For pre-judgment and post-judgment interest at the highest

deems to be just and appropriate. ROM demands a trial by jury of all issues. ROM designates Kansas City, Missouri as the place of trial.

Respectfully submitted,

/s/ William B. Kircher William B. Kircher James D. Griffin Nathan E. Oleen Husch Blackwell LLP 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 Telephone: (816) 983-8000 Facsimile: (816) 983-8080

MO# 18743 MO# 33370 MO# 59043

ATTORNEYS FOR PLAINTIFF ROM ACQUISITION CORPORATION

CERTIFICATE OF SERVICE I hereby certify that on January 10, 2012, the foregoing was filed electronically with the above captioned court, with notice of case activity to be generated and sent electronically by the Courts CM/ECF system.

/s/ William B. Kircher