IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

TOTAL CONTAINMENT SYSTEMS, L.P., Plaintiff, Civil Action No. v. JURY TRIAL DEMANDED CENTRAL PAINTING, INC. and CONTAINMENT DESIGN, INC. Defendants.

COMPLAINT AND JURY DEMAND Plaintiff Total Containment Systems, L.P. brings this action against Defendants Central Painting Inc. and Containment Design, Inc. (collectively, Defendants) and alleges as follows: THE PARTIES 1. Plaintiff Total Containment Systems, L.P. (TCS) is a limited partnership

organized and existing under the laws of the State of New York and having a place of business at 28 1/2 Alice Street, Binghamton, New York 13904. TCS offers safe, flexible, and cost-effective working platforms for bridge contractors across the United States. 2. On information and belief, Defendant Central Painting, Inc. (Central Painting)

is a corporation organized and existing under the laws of the State of Indiana and having an office at 13900 Limerick Drive, Saint John, Indiana 46373. 3. On information and belief, Defendant Containment Design, Inc. (Containment

Design) is a corporation organized and existing under the laws of the State of Pennsylvania and having an office at 2112 Adams Drive, Jefferson Hills, Pennsylvania 15025.

JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the patent laws of the

United States, Title 35, United State Code. 5. This Court has subject matter jurisdiction in this action pursuant to 28 U.S.C.

1331 and 1338(a). 6. 1400(b). FACTS 7. U.S. Patent No. 5,299,655 (the 655 Patent), entitled Workplace Support and Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c) and

Enclosure, was duly and legally issued on April 5, 1994. TCS is the owner of all right, title, and interest in and to the 655 Patent, including without limitation the right to sue and recover for past infringements thereof. A copy of the 655 Patent is attached as Exhibit A to the Complaint. 8. The 655 Patent discloses and claims, among other things, workplace enclosures

and systems for installation below a bridge while performing work on the bridge substructure, such as removing lead based paint. 9. On information and belief, Central Painting is a contractor involved with bridge

rehabilitation work on Interstate 94 in or near Milwaukee, Wisconsin (the I-94 Project) and has installed and/or is using one or more bridge platform systems in connection with the I-94 Project. 10. On information and belief, Containment Design was involved with the design and

planning of the bridge platform systems installed and/or used by Central Painting in connection with the I-94 Project. Copies of the bridge platform drawings for the I-94 Project, which were obtained from the Wisconsin Department of Transportation pursuant to Wisconsins Open Records Law (19.31-39, Wisconsin Statutes), are attached as Exhibit B to the Complaint.

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COUNT I (DIRECT INFRINGEMENT) 11. The allegations of paragraphs 1-10 are incorporated by reference as though fully

set forth herein. 12. On information and belief, Central Painting has installed and/or is using one or

more bridge platform systems which incorporate each and every element, or substantial equivalents thereof, of at least claims 1, 2, 4, 10, and 11 of the 655 Patent. The unauthorized making, using, selling, offering for sale, and/or importing of such bridge platform systems by Central Painting constitutes infringement under at least 35 U.S.C. 271(a). 13. TCS has been damaged in an amount to be determined at trial, but in no event less

than a reasonable royalty for the use of such bridge platform systems by Central Painting, together with interest and costs. 14. On information and belief, Central Painting and its owner, Mr. Fotis Vardaros,

were made aware of and had knowledge of the 655 Patent and Central Paintings infringement thereof at least as early as 2010. 15. On information and belief, Central Painting acknowledged that it needed a license

to practice the 655 Patent, and was thereby infringing the 655 Patent, by reaching an Agreement for Payment in 2010. However, Central Painting has failed to meet its payment obligations under the agreement, and is not licensed under the 655 Patent. 16. On information and belief, Central Painting has installed and used one or more

bridge platform systems in connection with the I-94 Project with actual knowledge that it is infringing the 655 Patent. Central Painting is not authorized by TCS to install and/or use such bridge platform systems in connection with the I-94 Project.

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17.

Central Paintings willful infringement of the 655 Patent and deliberate and/or

conscious disregard for TCSs statutory rights warrant a trebling of damages pursuant to 35 U.S.C. 284, and a finding that this case is exceptional under 35 U.S.C. 285, thereby entitling TCS to an award of its costs and attorneys fees. 18. TCS has been, and is being, irreparably harmed and has incurred, and will

continue to incur, damages as a result of Central Paintings infringement of the 655 Patent. On information and belief, the infringement of the 655 Patent by Central Painting will continue unless enjoined by this Court. COUNT II (ACTIVE INDUCEMENT OF INFRINGEMENT) 19. The allegations of paragraphs 1-18 are incorporated by reference as though fully

set forth herein. 20. On information and belief, Containment Design has been and/or is inducing

infringement of the 655 Patent. Containment Designs inducements include, without limitation and with specific intent to encourage the infringement, knowingly inducing Central Painting and others to use, offer for sale, and/or sell within the United States, and/or import into the United States, bridge platform systems which it knows infringe one or more claims of the 655 Patent. Containment Design is thus liable for infringement pursuant to 35 U.S.C. 271(b). 21. On information and belief, Containment Design knew or should have known that

its actions would induce actual infringement of the 655 Patent by Central Painting and others. 22. TCS has been damaged in an amount to be determined at trial, but in no event less

than a reasonable royalty for the inducement of infringement by Containment Design and others, together with interest and costs.

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23.

On information and belief, Containment Design and its owner, Mr. Mark Gozion,

were made aware of and had knowledge of the 655 Patent and Containment Designs infringement thereof at least as early as 2009. 24. On information and belief, Containment Design failed to adequately investigate

the accuracy and/or veracity of the following statements (which are false) as set forth in the containment drawings prepared for Central Painting in connection with the I-94 Project: THE PATENTED CHAIN-LINK FENCE PLATFORM SYSTEM HAS BEEN LICENSED FOR USE ON THIS PROJECT BY CENTRAL PAINTING FROM TOTAL CONTAINMENT SYSTEMS, INC. (TCS). BY ACCEPTING THESE DRAWINGS FOR SUBMITTAL, CENTRAL PAINTING ACKNOWLEDGES THAT THEY HOLD A CURRENT LICENSE PROVIDED BY TOTAL CONTAINMENT SYSTEMS, AND THAT THEY HAVE BEEN APPROVED BY TCS TO USE THE CHAIN-LINK FENCE SYSTEM ON THIS PROJECT. 25. By making these statements, Central Painting expressly acknowledged that a

license under the 655 Patent was needed to install and use the bridge platforms structures in connection with the I-94 Project. However, neither Central Painting nor Containment Design hold a license under the 655 Patent. Furthermore, Central Painting is not authorized by TCS, and has never been approved by TCS, to install and/or use bridge platform systems that are covered by the 655 Patent in connection with bridge work being done on the I-94 Project. 26. Containment Designs willful infringement of the 655 Patent and deliberate

and/or conscious disregard for TCSs statutory rights warrant a trebling of damages pursuant to 35 U.S.C. 284, and a finding that this case is exceptional under 35 U.S.C. 285, thereby entitling TCS to an award of its costs and attorneys fees. 27. TCS has been, and is being, irreparably harmed and has incurred, and will

continue to incur, damages as a result of Containment Designs infringement of the 655 Patent. On information and belief, such infringement will continue unless enjoined by this Court.

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PRAYER FOR RELIEF WHEREFORE, TCS prays that the Court: A. Enter judgment that Central Painting has infringed, and that Containment Design

has induced the infringement of, one or more claims of U.S. Patent No. 5,299,655; B. C. D. Enter judgment that Defendants acts of infringement are willful; Enter judgment that this is an exceptional case under 35 U.S.C. 285; Pursuant to 35 U.S.C. 283, preliminarily and permanently enjoin Defendants,

their respective subsidiaries, affiliates, owners (including Fotis Vardaros and Mark Gozion), officers, agents, servants, employees, directors, partners, representatives and any and all parties in active concert and/or participation with Defendants from directly or indirectly making, having made, selling, offering for sale, distributing, using, or importing into the United States all systems that infringe U.S. Patent No. 5,299,655; E. Order Defendants to account for and pay to TCS all damages caused to TCS by

Defendants infringement, but in no event less than a reasonable royalty for the use made of the invention by Defendants, together with interest and costs as fixed by the Court; F. G. H. Award TCS treble damages pursuant to 35 U.S.C. 284; Award TCS its prejudgment interest, costs and attorneys fees; and Grant TCS such other and further relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL TCS requests a trial by jury on all issues so triable.

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Dated: May 11, 2012

Respectfully submitted, By: s/ Patrick M. Bergin______________ Tara M. Mathison, Esq. Patrick M. Bergin, Esq. DAVIS & KUELTHAU, S.C. 111 East Kilbourn Avenue Suite 1400 Milwaukee, Wisconsin 53202 Telephone: (414) 276-0200 George R. McGuire, Esq. BOND, SCHOENECK & KING, PLLC One Lincoln Center Syracuse, New York 13202 Telephone: (315) 218-8000 Jeremy P. Oczek, Esq. BOND, SCHOENECK & KING, PLLC 40 Fountain Plaza, Suite 600 Buffalo, New York 14202 Telephone: (716) 566-2800 ATTORNEYS FOR PLAINTIFF TOTAL CONTAINMENT SYSTEMS, L.P.

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