EdiZONE, LLC Casey K. McGarvey (4882) 123 East 200 North Alpine, Utah 84004 (801) 936-1039 casey@edizone.

com Attorney for Plaintiff, EdiZONE, LLC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

EDIZONE, LLC, a Delaware limited liability company, Plaintiff,

COMPLAINT AND JURY DEMAND

Case No.: 2:12-cv-01031-DAK vs. Judge Dale A. Kimball HUDSON INDUSTRIES, INC., a Virginia corporation, and DOES 1 50, Defendants.

EdiZONE, LLC, Plaintiff, hereby alleges and claims against Defendants, Hudson Industries, Inc. and Does 1 50, as follows: PARTIES, JURISDICTION & VENUE 1. Plaintiff, EdiZONE, LLC (hereafter EdiZONE), is a Delaware limited liability

company with its principle place of business in Alpine, Utah. EdiZONE is the current owner of the patents referenced below. 2. Defendants: On information and belief, EdiZONE believes the following as to each of the

a.

Defendant Hudson Industries, Inc. (hereafter Hudson) is a Virginia

corporation with its principle place of business in Richmond, Virginia. Hudson sells and distributes various products, including seat cushions and mattress overlays, throughout the United States of America, including in the State of Utah. b. Defendants Does 1 50 are entities or individuals who have made

wholesale purchases of Hudsons seat cushions and mattress overlays for retail sale to consumers within the United States of America, or who are otherwise liable to EdiZONE for patent infringement as alleged herein, and leave will be sought hereafter to bring them into this action as deemed necessary or appropriate and/or their identities become known. 3. On information and belief, Defendants conduct business in the State of Utah

and/or otherwise have substantial contacts with Utah and avail themselves of the benefits and protections of Utah law by shipping, distributing and/or selling products in the stream of commerce with the intent that they are sold to consumers within the State of Utah. Each Defendant has committed patent infringement within the State of Utah in violation of the laws of the United States of America. 4. 5. This Court has personal jurisdiction over the Defendants. Subject matter jurisdiction and venue are founded upon 28 U.S.C. 1331,

1332(a), 1338(a), 1391 and 1400(b). GENERAL ALLEGATIONS 6. Defendants are selling within the United States of America seat cushions and

mattress overlays for medical use, which products are described as having a bladder or channeled bladder with a vacuum sealed water-based gel substance mixed with small foam balls, and 2

EdiZONE believes, upon information and belief, these products include, but may not be limited to, the following specific products listed in Hudsons 2011-12 Solutions for Wheelchair Seating Catalog and 2011-12 Therapeutic Support Surfaces Catalog: (a) Pressure-Eez 3 Gravity Free (#248862); (b) Pressure-Eez 4 Bariatric Gel Foam (#249284, #249484, #249404, #249604, #249804, #249824, #250284, #250484, #250404, #250604, #250804, and #250824); (c) Pressure-Eez Lite 3 Gel Foam (#244663PC, #244863PC, #244883PC, #244063PC, #244083PC, #244283PC, #244663, #244863, #244883, #244063, #244083, #244283, #244663FG, #244863FG, #244883FG, #244063FG, #244083FG, #244283FG, #244663UR, #244863UR, #244883UR, #244063UR, #244083UR, and #244283UR); (d) Pressure-Eez Lite 2 Gel Foam Seat & General Back Combo (#244Combo A, #244Combo AF, #244Combo B, #244Combo BF, #244Combo C, #244Combo CF, #244Combo D, #244Combo DF, #244Combo E, #244Combo EF, #244Combo F, #244Combo FF, #244Combo G, and #244Combo GF); (e) Pressure-Eez Lite 2 Gel Foam (#244662PC, #244862PC, #244882PC, #244062PC, #244082PC, #244262PC, #244282PC, #244662, #244862, #244882, #244062, #244082, #244262, #244282, #244662FG, #244862FG, #244882FG, #244062FG, #244082FG, #244262FG, #244282FG, #244662UR, #244862UR, #244882UR, #244062UR, #244082UR, #244262UR, and #244282UR); (f) Pressure-Eez (Lite) Gel Mattress Overlay (#1505); and (g) Comfort Cloud Gel Mattress Overlay (#1510-4, #1510/36x80, #1510/34x84, #1510/42x76, #1510/42BAR, #1510/48x76, #1510/48BAR, and #1510/54BAR) (collectively, the PRODUCTS). 7. Plaintiff is pursuing this action because after Hudson received notice that the

PRODUCTS infringe upon patents owned by EdiZONE, Hudson has refused to cease and desist

its unlawful conduct and/or has refused to pay to EdiZONE fair compensation for all past, present and future use of the intellectual property owned by EdiZONE. 8. EdiZONE is forced by Hudsons conduct to seek protection of its patents and

appropriate compensation from the Defendants. FIRST CLAIM FOR RELIEF 9. 10. EdiZONE incorporates herein its allegations set forth above in this Complaint. On March 6, 2001, U.S. Patent No. 6,197,099 (the 099 PATENT) issued and

thereafter through various assignments is now legally assigned to and owned by EdiZONE. 11. The composite mixture of a water-based gel substance, that is slippery and acts as

a lubricant, and substantially round foam ball-like objects within the bladder of the cushioning element of the PRODUCTS reads on at least claim 1 of the 099 PATENT. 12. Defendants have actual notice of the 099 PATENT through a notice that has been

sent to Hudson and/or, upon information and belief, they have constructive notice through patent markings on other products. 13. Defendants do not have a licensed right to make, have made, use or sell the

PRODUCTS in the United States of America. 14. Accordingly, Defendants are liable for direct infringement, either literally or

under the doctrine of equivalents. 15. Upon information and belief, if not enjoined by the Court, Defendants will

continue to infringe the 099 PATENT.

16.

EdiZONE reserves the right to amend this Complaint to allege that Defendants

have acted and are acting willfully and with deliberate disregard of EdiZONEs rights in the 099 PATENT, should there be a basis for such an allegation upon further investigation and discovery. 17. EdiZONE is entitled to recover from Defendants, jointly and severally, monetary

damages in an amount not less than a reasonable royalty for all units of PRODUCTS sold. EdiZONE also is entitled to appropriate injunctive relief until the expiry of the 099 PATENT. SECOND CLAIM FOR RELIEF 18. 19. EdiZONE incorporates herein its allegations set forth above in this Complaint. On February 1, 2000, U.S. Patent No. 6,020,055 (the 055 PATENT) issued and

thereafter through various assignments is now legally assigned to and owned by EdiZONE. 20. The composite mixture of a water-based gel substance, that is slippery and acts as

a lubricant, and substantially round foam ball-like objects within the bladder of the cushioning element of the PRODUCTS also reads on at least claim 1 of the 055 PATENT. 21. Defendants have actual notice of the 055 PATENT through a notice that has been

sent to Hudson and/or, upon information and belief, they have constructive notice through patent markings on other products. 22. Defendants do not have a licensed right to make, have made, use or sell the

PRODUCTS in the United States of America. 23. Accordingly, Defendants are liable for direct infringement, either literally or

under the doctrine of equivalents. 24. Upon information and belief, if not enjoined by the Court, Defendants will

continue to infringe the 055 PATENT. 5

25.

EdiZONE reserves the right to amend this Complaint to allege that Defendants

have acted and are acting willfully and with deliberate disregard of EdiZONEs rights in the 055 PATENT, should there be a basis for such an allegation upon further investigation and discovery. 26. EdiZONE is entitled to recover from Defendants, jointly and severally, monetary

damages in an amount not less than a reasonable royalty for all units of PRODUCTS sold. EdiZONE also is entitled to appropriate injunctive relief until the expiry of the 055 PATENT.

PRAYER WHEREFORE, EdiZONE prays for the following relief: 1. A permanent injunction enjoining Defendants, their officers, agents, employees

and attorneys, and all other persons in acts of concert or participation with any Defendant from further infringement of the 527 Patent, and any other equitable relief to prevent infringement and/or continuing harm to EdiZONE; 2. An award of a monetary judgment to compensate EdiZONE for its damages,

including at a minimum a reasonable royalty and prejudgment and post judgment interest thereon; 3. 4. equity. An award of EdiZONEs costs allowed by law; and All such other relief as the Court deems necessary and appropriate in law or

JURY DEMAND EdiZONE demands a trial by jury on all issues presented herein. DATED this 5th day of November, 2012. /s/ Casey K. McGarvey Casey K. McGarvey Attorney for EdiZONE, LLC