IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Martin G.

Robinson 7665 Harrington Lane Bradenton, FL 34202 Plaintiff, v. Exiscan LLC 1645 Lyell Ave. Rochester, NY 14606 Defendant. ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT FOR PATENT INFRINGEMENT

Now comes Plaintiff, Martin G. Robinson. (Robinson), and for its Complaint against Defendant, Exiscan LLC (Exiscan), alleges as follows: PARTIES 1. 34202. 2. Upon information and belief, Exiscan LLC is a limited liability company organized and Martin G. Robison is an individual residing at 7665 Harrington Lane, Bradenton, Florida

existing under the laws of the state of New York, having a principal place of business at 1645 Lyell Ave., Rochester, New York 14606. JURISDICTION AND VENUE 3. This action arises under the patent laws of the United States, specifically the Patent Act

of 1952, 35 U.S.C. 1 et seq. Subject matter jurisdiction is founded under 28 U.S.C. 1331, 1338(a) and 35 U.S.C. 281.

4.

This Court has personal jurisdiction over Exiscan because Exiscan has transacted

business within this district and, upon information and belief, has caused tortious injury to Robinson by the acts complained of herein within this district. 5. Venue is proper in this district pursuant to 28 U.S.C. 1400(b) because Exiscan has

committed acts of infringement and has a regular and established place of business in this district. In addition, venue is proper in this district pursuant to 28 U.S.C. 1400(b) because Exiscan resides within the Northern District of Ohio as residence is defined in 28 U.S.C. 1391(c). PATENT INFRINGEMENT 6. U.S. Patent 8,164,827, entitled Infrared Window Assembly (the 827 patent), duly and

legally issued on April 24, 2012, to Robinson who is now, and at all times since the issue thereof, been the sole owner of the 827 patent. A true and accurate copy of the 827 patent is attached hereto as Exhibit A. 7. Without the consent of Robinson, and in disregard of his rights, Exiscan has made, used,

sold, and/or offered to sell within this district and elsewhere within the United States, and/or imported into the United States, infrared window assemblies as shown, described, and claimed in the 827 patent (Accused Products). One such Accused Product is pictured in Exhibit B, attached hereto and incorporated herein by reference. 8. Without the consent of Robinson and in disregard of his rights, Exiscan has induced

others to make, use, sell or offer to sell the Accused Products within this district and elsewhere in the United States.

9.

By its conduct as alleged above, Exiscan has infringed the 827 patent in violation of 35

U.S.C. 271(a). Specifically, as presently advised, and by way of example and not limitation, the Accused Products infringe at least claims 1, 4-8, 11 and 12 of the 827 patent by incorporating therein the elements or limitations of those claims as specifically recited in those claims. 10. By its conduct as alleged above, Exiscan has actively induced others to infringe the 827

patent in violation of 35 U.S.C. 271(b). 11. 12. By the conduct of Exiscan as alleged above, Robinson has been damaged. Robinson is without adequate remedy as to the unlawful acts of Exiscan unless the

continuance of the infringement is enjoined by this Court. 13. Upon information and belief, Exiscan had actual notice of the existence of the 827 patent

at the time of engaging infringing activity. 14. Upon information and belief, the conduct of Exiscan as alleged above, has been willful,

intentional, and in conscious disregard of Robinsons rights. PRAYER FOR RELIEF Wherefore, Robinson prays for judgment against Exiscan as follows: (a) (b) (c) that Exiscan be adjudged to have infringed the 827 patent; that Exiscan be adjudged to have actively induced others to infringe the 827 patent; that Exiscan and those controlled by Exiscan be preliminarily and permanently enjoined against further infringement of the 827 patent;

(d)

that an accounting for profits and damages be ordered, or that Robinson be awarded such compensatory damages in an amount adequate to compensate Robinson for the infringement, but in no event less than a reasonable royalty;

(e) (f)

that Robinson be awarded treble damages pursuant to 35 U.S.C. 284; that in view of the deliberate and intentional acts of Exiscan, the case be declared exceptional and Robinson be awarded reasonable attorney fees pursuant to 35 U.S.C. 285;

(g) (h)

that Robinson have and recover the costs of this action; and that Robinson be awarded such other and further relief as the Court may deem just and equitable. JURY DEMAND A trial by jury of the maximum number of jurors allowed by law is hereby demanded.

Martin G. Robinson, Plaintiff

By: /s:/Ray L. Weber Ray L. Weber (0006497) Laura J. Gentilcore (0034702) Rodney L. Skoglund (0055376) Renner, Kenner, Greive, Bobak, Taylor & Weber 106 S. Main Street 4th Floor, First National Tower Akron, Ohio 44308 Telephone: (330) 376-1242 Facsimile: (330) 376-9646