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W. WEST ALLEN Nevada Bar No. 5566 LEWIS AND ROCA 3993 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 Telephone: (702) 949-8200 Facsimile: (702) 949-8365 wallen@lrlaw.com STEVEN M. BAUER (Pro Hac Vice to be Submitted) sbauer@proskauer.com JOSEPH A. CAPRARO, JR. (Pro Hac Vice to be Submitted) jcapraro@proskauer.com PROSKAUER ROSE LLP One International Place Boston, MA 02110 Telephone: (617) 526-9600 Facsimile: (617) 526-9899 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA HYPERTHERM, INC., Plaintiff, vs. TERMMEI INDUSTRY AND COMMERCE CO., LTD., Defendant. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Hypertherm, Inc. (Hypertherm) brings this action for patent infringement against Defendant TERMMEI Industry and Commerce Co., Ltd. (Termmei) and alleges as follows: Parties 1. Hypertherm is a worldwide leader in the technological development, Case No. JURY TRIAL DEMANDED

manufacturing, and marketing of plasma arc cutting systems and replacement parts. Founded in 1968, Hypertherm has played a vital role in the metal cutting industry and contributed pioneering advances to the field. The innovations of Hypertherms engineers and associates have earned the -13182765.1

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company more than 70 United States patents over its history to protect its technology from copying by others. 2. Hypertherm is a corporation duly organized and existing under the laws of the State of New Hampshire and has a regular and established place of business at P.O. Box 5010, Etna Road, Hanover, New Hampshire, 03755. 3. Upon information and belief, Defendant Termmei is an after-market supplier of replacement parts for plasma arc cutting systems. Upon information and belief, Defendant

Termmeis business is based on copying other companies parts including Hypertherms parts and selling those copied parts at discounts. 4. Upon information and belief, Defendant Termmei is a Peoples Republic of China company with its place of business at #1017, ECO International Plaza, No. 66 Guanghe East Road Changzhou, Jiangsu, China . 5. Upon information and belief, Defendant Termmei sells, offers for sale, makes, uses, and/or imports replacement parts for use with Hypertherm plasma arc cutting systems, to persons within the United States and this judicial district. For example, upon information and belief, Termmei appeared and marketed itself at the FABTECH 2012 show in Las Vegas, Nevada offering for sale replacement parts hereinafter alleged to infringe certain of Hypertherms United States patents. Jurisdiction and Venue 6. This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq., and this Court has jurisdiction under 28 U.S.C. 1331 and 1338. 7. Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400. COUNT I Infringement of U.S. Patent No. 6,946,617 8. The allegations of paragraphs 1-7 are incorporated by reference in this Count I as though fully set forth herein.

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9. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No. 6,946,617 (the 617 Patent) entitled Method and Apparatus for Alignment of Components of a Plasma Arc Torch. A copy of the 617 Patent is attached as Exhibit A. 10. The 617 Patent was duly issued by the United States Patent and Trademark Office, and is valid and enforceable. 11. Upon information and belief, Termmei sells, offers for sale, makes, uses, and/or imports products, domestically and internationally, that infringe claims of the 617 Patent, including products for use with Hypertherm equipment. For example, upon information and belief, at least Termmei part nos. TM220181, TM220187, TM220307, TM220435, TM220528, TM220541, TM220629, TM220649, TM220665, TM220666, TM220709, and TM220802 infringe the 617 Patent. Upon information and belief, an opportunity for further investigation and discovery will reveal that additional Termmei products infringe the 617 Patent. 12. On information and belief, Termmei is willfully infringing or is contributing to or inducing infringement of one or more claims of the 617 Patent by selling, offering to sell, making, using, and/or importing infringing products in the United States. Termmei is still

infringing the 617 Patent and will continue to do so unless enjoined by this Court. 13. By reason of said acts of Termmei, Hypertherm has been and will continue to be seriously damaged and irreparably injured unless Termmei is enjoined by this Court, and thus, Hypertherm is without an adequate remedy at law. COUNT II Infringement of U.S. Patent No. 8,115,136 14. The allegations of paragraphs 1-13 are incorporated by reference in this Count II as though fully set forth herein. 15. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No. 8,115,136 (the 136 Patent) entitled Electrode for a Contact Start Plasma Arc Torch and Contact Start Plasma Arc Torch Employing Such Electrodes. A copy of the 136 Patent is attached as Exhibit B.

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16. The 136 Patent was duly issued by the United States Patent and Trademark Office, and is valid and enforceable. 17. Upon information and belief, Termmei sells, offers for sale, makes, uses, and/or imports products, domestically and internationally, that infringe claims of the 136 Patent, including products for use with Hypertherm equipment. For example, upon information and belief, at least Termmei part no. TM220478 infringes the 136 Patent. Upon information and belief, an opportunity for further investigation and discovery will reveal that additional Termmei products infringe the 136 Patent. 18. On information and belief, Termmei is willfully infringing or is contributing to or inducing infringement of one or more claims of the 136 Patent by selling, offering to sell, making, using, and/or importing infringing products in the United States. Termmei is still

infringing the 136 Patent and will continue to do so unless enjoined by this Court. 19. By reason of said acts of Termmei, Hypertherm has been and will continue to be seriously damaged and irreparably injured unless Termmei is enjoined by this Court, and thus, Hypertherm is without an adequate remedy at law. COUNT III Infringement of U.S. Patent No. 8,212,173 20. The allegations of paragraphs 1-19 are incorporated by reference in this Count III as though fully set forth herein. 21. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No. 8,212,173 (the 173 Patent) entitled Liquid Cooled Shield for Improved Piercing Performance. A copy of the 173 Patent is attached as Exhibit C. 22. The 173 Patent was duly issued by the United States Patent and Trademark Office, and is valid and enforceable. 23. Upon information and belief, Termmei sells, offers for sale, makes, uses, and/or imports products, domestically and internationally, that infringe claims of the 173 Patent, including products for use with Hypertherm equipment. For example, upon information and belief, at least Termmei part nos. TM220636, TM220707, TM220741, TM220762, and -43182765.1

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TM220764 infringe the 173 Patent. Upon information and belief, an opportunity for further investigation and discovery will reveal that additional Termmei products infringe the 173 Patent. 24. On information and belief, Termmei is willfully infringing or is contributing to or inducing infringement of one or more claims of the 173 Patent by selling, offering to sell, making, using, and/or importing infringing products in the United States. Termmei is still

infringing the 173 Patent and will continue to do so unless enjoined by this Court. 25. By reason of said acts of Termmei, Hypertherm has been and will continue to be seriously damaged and irreparably injured unless Termmei is enjoined by this Court, and thus, Hypertherm is without an adequate remedy at law. COUNT IV Infringement of U.S. Patent No. 7,829,816 26. The allegations of paragraphs 1-25 are incorporated by reference in this Count IV as though fully set forth herein. 27. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No. 7,829,816 (the 816 Patent) entitled Plasma Arc Torch Providing Angular Shield Flow Injection. A copy of the 816 Patent is attached as Exhibit D. 28. The 816 Patent was duly issued by the United States Patent and Trademark Office, and is valid and enforceable. 29. Upon information and belief, Termmei sells, offers for sale, makes, uses, and/or imports products, domestically and internationally, that infringe claims of the 816 Patent, including products for use with Hypertherm equipment. For example, upon information and belief, at least Termmei part no. TM220671 infringes the 816 Patent. Upon information and belief, an opportunity for further investigation and discovery will reveal that additional Termmei products infringe the 816 Patent. 30. On information and belief, Termmei is willfully infringing or is contributing to or inducing infringement of one or more claims of the 816 Patent by selling, offering to sell, making, using, and/or importing infringing products in the United States. Termmei is still

infringing the 816 Patent and will continue to do so unless enjoined by this Court. -53182765.1

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31. By reason of said acts of Termmei, Hypertherm has been and will continue to be seriously damaged and irreparably injured unless Termmei is enjoined by this Court, and thus, Hypertherm is without an adequate remedy at law. COUNT V Infringement of U.S. Patent No. 6,207,923 32. The allegations of paragraphs 1-31 are incorporated by reference in this Count V as though fully set forth herein. 33. Hypertherm is the owner of all right, title and interest in and to U.S. Patent No. 6,207,923 (the 923 Patent) entitled Plasma Arc Torch Tip Providing a Substantially Columnar Shield Flow. A copy of the 923 Patent is attached as Exhibit E. 34. The 923 Patent was duly issued by the United States Patent and Trademark Office, and is valid and enforceable. 35. Upon information and belief, Termmei sells, offers for sale, makes, uses, and/or imports products, domestically and internationally, that infringe claims of the 923 Patent, including products for use with Hypertherm equipment. For example, upon information and belief, at least Termmei part nos. TM120929, TM120930, TM220047, and TM220065 infringe the 923 Patent. Upon information and belief, an opportunity for further investigation and discovery will reveal that additional Termmei products infringe the 923 Patent. 36. On information and belief, Termmei is willfully infringing or is contributing to or inducing infringement of one or more claims of the 923 Patent by selling, offering to sell, making, using, and/or importing infringing products in the United States. Termmei is still

infringing the 923 Patent and will continue to do so unless enjoined by this Court. 37. By reason of said acts of Termmei, Hypertherm has been and will continue to be seriously damaged and irreparably injured unless Termmei is enjoined by this Court, and thus, Hypertherm is without an adequate remedy at law. /// /// /// -63182765.1

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REQUEST FOR RELIEF WHEREFORE, Hypertherm prays for judgment as follows: a. That this Court find that Termmei has committed acts of patent infringement in violation of the United States Patent Act, 35 U.S.C. 271; b. That this Court enter an injunction enjoining Termmei, its officers, agents, servants, employees, and attorneys, and any other persons in active concert or participation with them, from continuing the acts herein complained of, and that Termmei and such other persons be permanently enjoined and restrained from further infringing the 617, 136, 173, 816 and 923 Patents (collectively, the Hypertherm Asserted Patents); c. That this Court require Termmei to file with this Court, within thirty (30) days after entry of final judgment, a written statement under oath setting forth in detail the manner in which Termmei has complied with the injunction. d. That the Court award Hypertherm all relief available under the patent laws of the United States, including but not limited to monetary damages, including prejudgment interest and enhanced damages, based on Termmeis infringement of the Hypertherm Asserted Patents; e. That Termmeis infringement of the Hypertherm Asserted Patents be judged willful and that the damages to Hypertherm be increased pursuant to 35 U.S.C. 284 by three times the amount found or assessed; f. Finding this to be an exceptional case, and awarding Hypertherm its costs and reasonable attorneys fees in respect thereto in accordance with 35 U.S.C. 285; and g. Granting Hypertherm such other relief as the Court deems just and equitable.

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DEMAND FOR JURY TRIAL Hypertherm demands a trial by jury on all issues so triable. Respectfully submitted, HYPERTHERM, INC.

By:/s/W. West Allen W. WEST ALLEN Nevada Bar No. 5566 LEWIS AND ROCA 3993 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 Telephone: (702) 949-8200 Facsimile: (702) 949-8365 wallen@lrlaw.com STEVEN M. BAUER (Pro Hac Vice to be Submitted) sbauer@proskauer.com JOSEPH A. CAPRARO, JR. (Pro Hac Vice to be Submitted) jcapraro@proskauer.com PROSKAUER ROSE LLP One International Place Boston, MA 02110 Telephone: (617) 526-9600 Facsimile: (617) 526-9899 Attorneys for Plaintiff

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