UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

ROSE DISPLAYS, LTD., Plaintiff, v. CIVIL ACTION NO. _____________ JURY TRIAL DEMANDED TESTRITE INSTRUMENT CO., INC. d/b/a TESTRITE VISUAL PRODUCTS, Defendant.

COMPLAINT AND JURY DEMAND Plaintiff Rose Displays, Ltd. (Rose Displays), by its undersigned attorneys, sets forth its Complaint against Testrite Instrument Co., Inc. d/b/a Testrite Visual Products (Testrite) as follows: The Parties 1. Rose Displays is a Massachusetts company having its principal place of business at 35 Congress Street, Salem, MA 01970. 2. Upon information and belief, Testrite is a New Jersey corporation having its principal place of business at 216 South Newman Street, Hackensack, NJ 07601. Jurisdiction and Venue 3. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 4. Testrite is subject to personal jurisdiction in this judicial district because it regularly transacts business in this district by, among other things, offering and/or selling its products and services to customers, business affiliates, and partners located in this district. In addition, Testrite has committed acts of infringement of one or more of the

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claims of United States Patent No. 8,196,325 B2 (the 325 Patent) in this district. 5. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and 1400(b) because Testrite is subject to personal jurisdiction in this district, and has committed acts of infringement in this district. Patent Infringement 6. This is a claim for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. 7. On June 12, 2012, the 325 Patent entitled Front Loading Frame Display Arrangement was legally issued by the United States Patent and Trademark Office. The entire right, title, and interest in the 325 Patent has been assigned to Rose Displays. As such, Rose Displays is the sole owner of said patent. A copy of the 325 Patent is attached hereto as Exhibit A. The following figure from the 325 Patent shows certain features of its unique design:

Figure 1.

8. The 325 Patent covers a thin, graphic support assembly which provides a low profile display fixture arrangement. Rose Displays manufactures and sells products which embody the invention set forth in the 325 Patent.

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9. Upon information and belief, Testrite makes or imports, offers for sale and sells in the United States graphic display fixture products, including but not limited to, products marketed under the UltraSlim Snap Frame line (collectively, the UltraSlim Snap Frame products). Such products include, without limitation, Model Nos. USS01B, USS01S; USS02B; USS02S; USS03B; USS03S; USS04B; USS04S; USS05B; USS05S; USS06B; USS06S; USS07B; USS07S; USS08B; USS08S; USS09B; and USS09S. 10. Testrites UltraSlim Snap Frame products feature a thin, graphic support assembly which provides a low profile display fixture arrangement, fully incorporating the claims of the 325 Patent. Testrites UltraSlim Snap Frame products are the same or substantially the same as the embodiment set forth and claimed in the 325 Patent. Shown below is a sideby-side comparison of Figure 1 of the 325 Patent and the rendering of one of Testrites UltraSlim Snap Frame products as set forth on its website, www.testrite.com;
Figure 1 of 325 Patent Testrite UltraSlim Snap Frame Model No. USS09

11. Testrite offers for sale and sells the UltraSlim Snap Frame products in the United States directly and indirectly (through authorized dealers) to consumers in Massachusetts and elsewhere and thus directly infringe one or more claims of the 325 Patent. See, e.g., Trade Show Exhibitor Supply, http://www.tradeshowexhibitorsupply.com/product.php?productid=65991. 12. Upon information and belief, Testrite has had knowledge of the 325 Patent and

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knowledge of the published patent application (US 2010/0263251 A1, published Oct. 21, 2010) which evolved into the 325 Patent, and is now infringing the patent willfully. Rose Displays is not asserting a claim for willful infringement as of the time of filing, but reserves the right to amend its Complaint to include a claim for willful infringement in the event discovery confirms this belief and understanding. 13. The invention covered by the 325 Patent is of great value to Rose Displays. Testrites infringing conduct has taken place within the United States without license or permission of Rose Displays and it is believed that such activity will continue unless enjoined by this Court. 14. Rose Displays has suffered and will continue to suffer damages from the acts of infringement complained of herein. COUNT I (Patent Infringement) 15. Rose Displays repeats and realleges the allegations contained in paragraphs 1-14, supra, as if fully set forth herein. 16. Pursuant to 35 U.S.C. 271, Testrite has infringed the 325 Patent literally and/or under the doctrine of equivalents by making, offering for sale and selling the UltraSlim Snap Frame products identified above. 17. Rose Displays has been damaged by Testrites infringement and will continue to suffer damages unless and until said infringement ceases. 18. Rose Displays has suffered and will continue to suffer harm not compensable by monetary damages unless this Court enters a preliminary and permanent injunction. PRAYERS FOR RELIEF WHEREFORE, Rose Displays respectfully demands the following relief:

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(a) An order and entry of judgment that Testrite has infringed the 325 Patent, literally and/or under the doctrine of equivalents; (b) An award to Rose Displays of its damages for Testrites patent infringement adequate to compensate it for the infringement pursuant to 35 U.S.C. 284, but in no event less than a reasonable royalty; (c) An order enjoining Testrite and its officers, agents, servants, employees, attorneys, and those who are in active concert or participation with these entities from making, using, selling and offering for sale the UltraSlim Snap Frame products on a preliminary and permanent basis; (d) An award to Rose Displays of its attorneys fees, pursuant to 35 U.S.C. 285; and (e) An award of such other costs and further relief that this Court may deem just and proper. JURY DEMAND Rose Displays demands a trial by jury on all claims and issues so triable.

Dated: June 26, 2012

Respectfully submitted, /s/ Nicholas G. Papastavros Nicholas G. Papastavros BBO # 635742 Maya Prakash BBO # 679861 DLA PIPER LLP (US) 33 Arch Street, 26th Floor Boston, MA 02110-1447 Telephone: 617.406.6000 Facsimile: 617.406.6119 nick.papastavros@dlapiper.com maya.prakash@dlapiper.com Attorneys for Plaintiff Rose Displays, Ltd.

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