UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS __________________________________________ ) ) ) ) Plaintiff ) ) v. ) ) ) AMERICA'S BEST, INC.

) an Iowa corporation, ) ) Defendant ) ) __________________________________________) RESIDENT ARTIST STUDIO, LLC, a Massachusetts limited liability company,

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Civil Action No.

Resident Artist Studio, LLC, for its Complaint against America's Best, Inc., alleges as follows: 1. Plaintiff, Resident Artist Studio, LLC ("RAS"), is a limited liability company

organized and existing under the laws of the Commonwealth of Massachusetts and having its principal place of business at 438 Hill Road, Boxborough, Massachusetts 01719 within this judicial district. 2. Defendant, America's Best, Inc. ("ABI"), is, upon information and belief, a

corporation organized under the laws of the State of Iowa and having its principal place of business at 1630 Fuller Road, West Des Moines, Iowa 50265. JURISDICTION AND VENUE 3. This action is for patent infringement. The Court has subject matter jurisdiction

under 28 U.S.C. 1331 and 1338(a).

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This Court has personal jurisdiction over ABI, because ABI has sold infringing

products in this judicial district, has sales representatives for its products with offices in this judicial district, and advertises its infringing products, and provides the means to purchase them, in publications which reach this judicial district and through its website which is accessible from this judicial district. 5. Venue in this district is proper under 28 U.S.C. 1931(b) and (c) and 1400(b). FACTUAL BACKGROUND 6. On February 15, 2011, United States Patent No. 7,886,477 (the "'477 patent"),

entitled "Vision Enhancement Apparatus To Improve Both Near and Far Vision," was duly and lawfully issued by the Untied States Patent and Trademark Office. 7. herein. 8. RAS is the sole owner by assignment of the '477 patent and of all rights of A copy of the '477 patent is attached as Exhibit A and incorporated by reference

recovery thereunder. 9. 10. The '477 patent has not lapsed or expired and is in full force and effect. RAS sells products which, when used as directed, are covered by one or more

claims of the '477 patent. 11. Upon information and belief, ABI has made and is making, has used and is using,

has offered for sale and is offering for sale, has sold and is selling, and/or has imported and is importing into the United States, eye glass attachable sighting discs which, when used as directed by ABI, infringe one or more claims of the '477 patent, including, but not necessarily limited to, the ABI product sold under the name Clear2Target.

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Upon information and belief, ABI has been aware of the existence of the '477

patent since a time prior to commencement of this suit. COUNT I INFRINGEMENT OF THE '477 PATENT 13. herein. 14. Upon information and belief, ABI has been and is infringing the '477 patent by RAS incorporates by reference paragraphs 1-12 above as though fully set out

making, using, importing, offering for sale, or selling eye-glass attachable sighting discs which when used as directed by ABI, infringe one or more of the claims of the '477 patent, including, but not necessarily limited to, the ABI product sold under the name Clear2Target. 15. Upon information and belief, ABI has been and is contributorily infringing and/or

actively inducing others, including end users, to infringe the '477 patent, and sell the infringing eye-glass attachable sighting discs with the knowledge and intent that they will be used by end users in a way that infringes one or more claims of the '477 patent, and with the knowledge and intent that such discs are especially designed to be and are used in a manner which infringes one or more claims of the '477 patent. Said discs are not staple items of commerce and have no substantial non-infringing use. 16. Upon information and belief, ABI is a direct competitor of RAS with respect to

the subject matter of the '477 patent. 17. Upon information and belief, ABI was aware of the existence of the '477 patent

and its infringement of the same has been intentional, deliberate, and willful. 18. By reason of the aforesaid infringement, RAS is damaged and is entitled to

damages adequate to compensate RAS for ABI's infringement.

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ABI's infringement of the '477 patent has caused and is causing irreparable injury

to RAS, for which RAS has no adequate remedy at law. ABI will continue its unauthorized infringement of the 477 patent unless enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, RAS respectfully requests this Court to grant the following relief, and any other relief the Court may deem proper: 1. Enter judgment in favor of RAS determining that ABI directly infringes, and has

directly infringed, the '477 patent in violation of 35 U.S.C. 271(a); 2. Enter judgment in favor of RAS determining that ABI induces infringement of,

and has induced infringement of, the '477 patent in violation of 35 U.S.C. 271(b); 3. Enter judgment in favor of RAS determining that ABI contributorily infringes,

and has contributorily infringed, the '477 patent in violation of 35 U.S.C. 271(c); 4. Permanently enjoin ABI and its officers, agents, divisions, affiliate, subsidiaries,

successors, employees, and representatives, and all those controlled by or acting in concert or privity with them, from infringing, inducing the infringement, and/or contributing to the infringement of the '477 patent; 5. 6. and 7. Declare this case to be exceptional pursuant to 35 U.S.C. 285, and award RAS Award RAS damages in an amount to be determined at trial; Award RAS treble damages for willful infringement pursuant to 35 U.S.C. 284;

its reasonable attorneys' fees and the costs of this action.

JURY DEMAND Resident Artist Studio, LLC hereby demands trial by jury as to all issues herein that are so triable. Dated: September 6, 2011 Respectfully submitted, RESIDENT ARTIST STUDIO, LLC By Its Attorneys, /s/ Thomas C. O'Konski_____ Thomas C. O'Konski (BBO# 378,265) A. Sidney Johnston (BBO# 632,578) CESARI and MCKENNA, LLP 88 Black Falcon Avenue Boston, MA 02210 (617) 951-2500