UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ Zoom Bait Company, Inc.

, Plaintiff, v. Ouzo Baits, LLC, Defendant. Civil Action No. 11-CV-1105

COMPLAINT

Plaintiff, Zoom Bait Company, Inc. (Zoom Bait), for its complaint against Defendant, Ouzo Baits, LLC (Ouzo) alleges the following: Nature of Action 1. This is a civil action for patent infringement under the Patent Act, 35 U.S.C. 1-

376 for infringement of Plaintiff Zoom Baits U.S. Patent No. 7,168,203 (the 203 patent) entitled Tail Configuration for an Artificial Fishing Lure. Jurisdiction and Venue 2. The district court has original jurisdiction Co this action pursuant to 28 U.S.C.

1331 (federal question) and 1338(a) (action arising under any Act of Congress relating to patents and copyrights). 3. Upon information and belief, Ouzo regularly conducts business in the Eastern

District of Wisconsin. Moreover, upon information and belief, Ouzo actively markets and sells goods and products in this District, including but not limited to products that infringe Zoom Baits 203 patent. Accordingly, venue in this District as to Ouzo is proper under 28 U.S.C.

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1400(b) and/or 28 U.S.C. 1391(b) and (c). Personal jurisdiction is proper pursuant to Wis. Stat. 801.05(3) and/or Wis. Stat. 801.05(4). Parties 4. Plaintiff Zoom Bait is a Georgia corporation with its principal place of business at

1581 Jennings Mill Road, Bogart, GA 30622. Plaintiff is engaged in the business of making and selling fishing lures. Zoom Bait is the assignee and current owner of the 203 patent. 5. On information and belief, Ouzo is a Florida corporation with its principal place

of business at 6245 N.W. 66th Way, Parkland, FL 33067. Ouzos registered agent is Lynne S.K. Ventry, Esq., 955 N. N.W. 17th Ave., Delray Beach, FL 33445. 6. The Ouzo website lists Debi Duplechain as its president (see Exhibit A hereto),

and the Florida Department of States records for Ouzo lists her address as 2516 Blue Sage Ave., Coconut Creek, FL 33063 (see Exhibit B hereto). Background Facts 7. Zoom Bait restates and incorporates by reference the allegations in paragraphs 1

through 6 above. 8. 9. Zoom Bait is a leading manufacturer of plastic baits in the fishing industry. Zoom Bait developed a proprietary bait structure designed primarily for use in

fresh water fishing. 10. The 203 patent covers the Zoom Bait proprietary bait structure and was duly and

legally issued to Zoom Bait by the United States Patent and Trademark Office on or about January 30, 2007. A true and correct copy of the 203 patent is attached hereto as Exhibit C. 11. Zoom Bait is the original manufacturer of the baits covered by the 203 patent,

which are sold under the names HORNY TOAD and ULTRA VIBE CHUNK.

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12.

Zoom Bait has not granted any license, implied or express, to Ouzo or any other

party to practice the subject matter disclosed and claimed in the 203 patent. 13. Defendant Ouzo offers to sell and sells baits covered by the 203 patent in this

District and elsewhere. A printout of the Ouzo website showing the infringing Razor Worm bait offered and sold by Ouzo is attached as Exhibit D. Infringement of the 203 Patent 14. Zoom Bait restates and incorporates by reference the allegations in paragraphs 1

through 13 above. 15. Ouzo offers to sell and sells baits that infringe the 203 patent in violation of 35

U.S.C. 271(a). 16. Despite having notified Ouzo of its infringing behavior on multiple occasions,

Ouzo continues to offer and sell its infringing products. 17. patent. 18. Upon information and belief, Ouzo will continue to infringe the 203 patent Upon information and belief, Ouzo has been and is willfully infringing the 203

unless and until it is enjoined by a court. 19. Ouzos infringement has caused and continues to cause irreparable harm to Zoom

Bait, including, but not limited to, infringing upon Zoom Baits rights in the 203 patent. 20. 21. Zoom Bait has been damaged by Ouzos infringement of the 203 patent. Ouzos conduct shows a lack of the required duty to avoid infringement of the

203 patent such that this is an exceptional case; therefore, Zoom Bait should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285.

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22.

Pursuant to 35 U.S.C. 284, Zoom Bait is entitled to enhanced damages for

infringement of the 203 patent, up to treble damages. 23. Pursuant to 35 U.S.C. 283, Zoom Bait is entitled to a preliminary and permanent

injunctions against further infringement of the 203 patent.

WHEREFORE, Plaintiff, Zoom Bait Company, Inc., demands judgment against Defendant Ouzo Baits, LLC as follows: A. B. C. D. E. F. That Defendant be preliminarily and permanently enjoined from manufacturing, offering for sale, or selling any further products that infringe the 203 patent; An award of Plaintiffs damages, together with prejudgment interest, caused by Defendants infringement; An award trebling or enhancing the damages found due to Defendants willful infringement; That Defendant be ordered to turn over to Plaintiff, or alternatively to destroy, any infringing baits in its possession; A finding the case exceptional and an award of Plaintiffs costs and attorneys fees; and Any other relief that the court may deem proper and just.

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JURY DEMAND Plaintiff Zoom Bait Company, Inc. demands a jury trial for all factual issues not admitted by Defendant Ouzo Baits, LLC. Respectfully submitted,

Dated: December 5, 2011

____________________________ Mollie A. Newcomb Andrew S. McConnell Adam L. Brookman Attorneys for Zoom Bait Company, Inc.

Boyle Fredrickson S.C. 840 N. Plankinton Avenue Milwaukee, WI 53203 Telephone: 414-225-9755 Facsimile: 414-225-9753 Email: docketing@boylefred.com

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