IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION QUALITAS MANUFACTURING INCORPORATED,

Plaintiff, v. CHICAGONE DEVELOPERS, INC. and DARRYL HICKS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 12-cv-2994

COMPLAINT Plaintiff Qualitas Manufacturing, Incorporated ("QMI") states and alleges against the named Defendants ChicagOne Developers, Inc. ("ChicagOne") and Darryl Hicks ("Hicks"), as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the Patent Laws of the This Court has subject matter

United States, Title 35, United States Code, 1 et seq.

jurisdiction pursuant to 35 U.S.C. 271 and 281, and 28 U.S.C. 1331 and 1338(a). 2. This Court has personal jurisdiction over the Defendants because, on information

and belief, Defendants have transacted and continue to transact business in the State of Illinois, and the cause of action rises out of business transacted by Defendants within the State of Illinois. 3. and 1400(b). Venue in this judicial district is proper pursuant to 28 U.S.C. 1391(b), 1391(c),

THE PARTIES 4. Plaintiff QMI is a corporation organized and existing under the laws of the state

of Illinois, having its principal place of business at 1661 Glenlake Avenue, Itasca, Illinois 60143. 5. On information and belief, Defendant ChicagOne is a corporation organized and

existing under the laws of the state of Illinois, having its principal place of business at 555 E. 75th Street, Chicago, Illinois 60619. 6 On information and belief, Defendant Hicks is an individual residing in this

District. On information and belief, Defendant Hicks is President of ChicagOne Developers, Inc. FACTUAL BACKGROUND QMI's Patent Rights 7. Plaintiff QMI is the assignee of United States Patent No. 7,357,171 ("the '171

patent"), entitled "Low-Clearance Shutter Slat," naming inventor James V. Miller, which was duly and legally issued by the United States Patent and Trademark Office (USPTO) on April 15, 2008. A copy of the 171 Patent is attached to this Complaint as Exhibit A. 8. Plaintiff QMI is the assignee of United States Patent No. 7,784,522 ("the '522

patent"), entitled "Locator and Shutter Slat," naming inventor James V. Miller, which was duly and legally issued by the United States Patent and Trademark Office (USPTO) on August 31, 2010. A copy of the 522 Patent is attached to this Complaint as Exhibit B. QMI's Patented Rolling Shutter Slat 9. QMI is a manufacturer that specializes in the manufacture, sale, and installation of

rolling shutters for windows and doors. 10. Rolling shutters are protective devices that constitute a curtain of slats linked by

hinges that slide in a guide rail to cover and uncover a door or window or any other building

opening. When the curtain is retracted to uncover a building opening door or window, the curtain of linked slats is wound around a spindle adjacent to the building opening. 12. Prior to March 2004, QMI developed the AL-6 slat for rolling shutters. The AL-6

slat incorporates a design that allows the slat to accommodate a slat end retention device for retaining the slat in the guide rail, or an alignment device for maintaining the alignment of slats in a curtain. At the same time, the AL-6 slat design allows the shutter curtain to smoothly wind up on its spindle even when slat end retention devices are installed, and provides for a secure linkage of slats. In addition, the design of the AL-6 slat allows for easy manufacture by extrusion. 13. QMI has expended considerable time, effort, and resources to develop its AL-6

rolling shutter slat. The AL-6 slat has been a commercial success for QMI since its introduction. 14. The technology incorporated in the AL-6 slats have been granted patent

protection by the United States Patent and Trademark Office, as reflected by U.S. Patent Nos. 7,357,171 and 7,784,522. Defendants' Infringing Acts 14. On information and belief, ChicagOne and/or Hicks are in the business of

manufacturing, selling, importing, and/or installing rolling shutters. 15. On information and belief, ChicagOne and/or Hicks manufacture, sell, import,

and/or install rolling shutter slats under the designation "Single Wall" and rolling shutters incorporating the "Single Wall" slats. 16. On information and belief, "Single Wall" slats and rolling shutters incorporating

"Single Wall" slats, manufactured, sold, imported, and/or installed by ChicagOne and/or Hicks infringe at least claim 1 of the '171 patent.

17.

On information and belief, "Single Wall" slats and rolling shutters incorporating

"Single Wall" slats manufacture, sold, imported, and/or installed by ChicagOne and/or Hicks infringe at least claims 1, 8, 9, and 13 of the '522 patent. COUNT I Infringement of U.S. Patent No. 7,357,171 18. 19. Plaintiffs re-allege paragraphs 1-17 as if fully set forth. On information and belief, ChicagOne and/or Hicks have been and still are

infringing, contributing to and actively inducing infringement of QMI's 171 Patent in this judicial district and elsewhere in the United States by the manufacture, use, sale, offer for sale, and/or importation into the United States of rolling shutters and/or rolling shutter slats that fall within the scope of the claimed subject matter of QMI's 171 Patent. 20. 21. QMI has been, and continues to be, damaged by Defendants' infringement. On information and belief, unless preliminarily and permanently enjoined by this

Court, ChicagOne and/or Hicks will continue its acts of infringement, to QMI's substantial and irreparable harm. COUNT II Infringement of U.S. Patent No. 7,784,522 22. 23. Plaintiffs re-allege paragraphs 1-21 as if fully set forth. On information and belief, ChicagOne and/or Hicks have been and still are

infringing, contributing to and actively inducing infringement of QMI's 522 Patent in this judicial district and elsewhere in the United States by the manufacture, use, sale, offer for sale, and/or importation into the United States of rolling shutters and/or rolling shutter slats that fall within the scope of the claimed subject matter of QMI's 522 Patent.

24. 25.

QMI has been, and continues to be, damaged by Defendants' infringement. On information and belief, unless preliminarily and permanently enjoined by this

Court, ChicagOne and/or Hicks will continue its acts of infringement, to QMI's substantial and irreparable harm. PRAYER FOR RELIEF WHEREFORE, QMI respectfully prays that this Court: A. Enter an order, pursuant to 35 U.S.C. 271, finding that the Defendants have

infringed one or more claims of the 171 Patent; B. Enter an order, pursuant to 35 U.S.C. 271, finding that the Defendants have

infringed one or more claims of the 522 Patent; C. Pursuant to 35 U.S.C. 283, preliminarily and permanently enjoin Defendants,

their officers, directors, agents, employees, successors and assigns, and any persons acting in privity or in concert with it, from infringing, inducing others to infringe, and contributing to the infringement of one or more claims of the 171 or '522 Patent; D. Award QMI damages in an amount adequate to compensate QMI for Defendants'

acts of infringement, including, but not limited to, QMI's lost profits resulting from Defendants' sales of infringing products, but in no event less than a reasonable royalty; E. Such other relief that this Court deems just and proper. JURY DEMAND Plaintiffs hereby demand trial by jury on all issues triable to a jury.

This 23rd day of April 2012.

/s/ Anthony Nimmo_______________ Anthony Nimmo (ARDC # 6195174) Kregg T. Brooks (ARDC # 6299181) ICE MILLER LLP/18025 200 W. Madison, Suite 3500 Chicago, IL 60606 (312) 726-8149 Fax: (312) 726-6252 Anthony.nimmo@icemiller.com Attorneys for Plaintiffs

C/130308.1