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

, Plaintiff, v. GrandeBass Trophy Hunter Baits LLC, Defendant. Civil Action No. 11-CV-769

COMPLAINT

Plaintiff, Zoom Bait Company, Inc. (Zoom Bait), for its complaint against Defendant, GrandeBass Trophy Hunter Baits, LLC (GrandeBass) 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 6,237,275 (the 275 patent) entitled Artificial Bait Structure. Jurisdiction and Venue 2. The district court has original jurisdiction over 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, GrandeBass regularly conducts business in the

Eastern District of Wisconsin. Moreover, upon information and belief, GrandeBass actively markets and sells goods and products in this District, including but not limited to products that infringe Zoom Baits 275 patent. Accordingly, venue in this District as to GrandeBass is proper

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under 28 U.S.C. 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 275 patent. 5. On information and belief, Defendant GrandeBass is a Texas corporation with its

principal place of business at 134 Thatchers Court, Dripping Springs, TX 78620. Its registered agent is United States Corporation Agents, Inc., Quarry Oaks-Bldg A, 10900 S. Stonelake Blvd., Ste. A-320, Austin, TX 78759. Background Facts 6. Zoom Bait restates and incorporates by reference the allegations in paragraphs 1

through 5 above. 7. 8. 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. 9. The 275 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 May 29, 2001. A true and correct copy of the 275 patent is attached as Exhibit A. 10. The 275 patent was subjected to a reexamination proceeding in the United States

Patent and Trademark Office by virtue of a Request for Reexamination filed September 1, 2009. The Reexamination Certificate confirming the patentability of original claims 5, 6, 21-28 and amended claims 1 and 11 issued on February 22, 2011. The Certificate is attached as Exhibit B.

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11.

Zoom Bait is the original manufacturer of the baits covered by the 275 patent,

which are sold under the names SUPER CHUNK and SUPER CHUNK JR. 12. Zoom Bait has not granted any license, implied or express, to GrandeBass or D&J

Plastics to practice the subject matter disclosed and claimed in the 275 patent. 13. Defendant GrandeBass offers to sells and sells baits covered by the 275 patent in

this District and elsewhere. A printout of the GrandeBass website showing the infringing Mega Chunk bait offered and sold by GrandeBass is attached as Exhibit C. Infringement of the 275 Patent 14. Zoom Bait restates and incorporates by reference the allegations in paragraphs 1

through 13 above. 15. GrandeBass offers to sell and sells baits that infringe the 275 patent in violation

of 35 U.S.C. 271(a). 16. Despite having notified GrandeBass of its infringing behavior on multiple

occasions, GrandeBass continues to offer and sell its infringing products. 17. 275 patent. 18. Upon information and belief, GrandeBass will continue to infringe the 275 patent Upon information and belief, GrandeBass has been and is willfully infringing the

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

Zoom Bait, including, but not limited to, infringing upon Zoom Baits rights in the 275 patent. 20. Zoom Bait has been damaged by GrandeBasss infringement of the 275 patent.

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21.

GrandeBasss conduct shows a lack of the required duty to avoid infringement of

the 275 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. 22. Pursuant to 35 U.S.C. 284, Zoom Bait is entitled to enhanced damages for

infringement of the 275 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 275 patent.

WHEREFORE, Plaintiff, Zoom Bait Company, Inc., demands judgment against Defendant GrandeBass Trophy Hunter Baits LLC as follows: A. B. C. D. E. F. That Defendant be preliminarily and permanently enjoined from manufacturing or selling any further products that infringe the 275 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 their 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. Respectfully submitted,

Dated: August 15, 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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