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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

GENIE INDUSTRIES, INC., a Washington corporation, Plaintiff, v. SNORKEL INTERNATIONAL, INC., a Delaware corporation, Defendant.

NO. COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Plaintiff Genie Industries, Inc., by and through the undersigned attorneys, hereby brings this Complaint for patent infringement against Defendant Snorkel International, Inc. and alleges as follows: THE PARTIES 1. Genie Industries, Inc. (Genie or Plaintiff) is a Washington corporation

having its principal place of business at 18340 NE 76th St., Redmond, WA 98073. 2. On information and belief, Defendant Snorkel International, Inc. (Snorkel or

Defendant) is a Delaware corporation having its principal place of business at 2009 Roseport Road, Elwood, KS 66024.

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL - 1 No.

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JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331 and 1338(a). 4. Venue is proper in this Federal Court pursuant to 28 U.S.C. 1391(b)-(c) and

1400(b) in that a substantial part of the events giving rise to the claims occurred in this district and, on information and belief, Snorkel has done business in this district and/or has committed acts of infringement in this district. INFRINGEMENT OF U.S. PATENT NO. 5,447,331 5. On September 5, 1995, the United States Patent and Trademark Office

(USPTO) duly and legally issued U.S. Patent No. 5,447,331 (the 331 Patent), titled Vehicle Axle Oscillation System with Positive Ground Contact. Genie owns the 331 Patent as evidenced by the assignment recorded by the USPTO on March 24, 1995 at reel no. 007407, frame no. 0506. A true and correct copy of the 331 Patent is attached as Exhibit A. 6. On July 14, 2011, Genie notified Snorkel of its 331 Patent and of its potential

relevance to boom lifts marketed by Snorkel. 7. On information and belief, Snorkel has infringed and continues to infringe one

or more claims of the 331 Patent. Snorkel is liable for infringing the 331 Patent under U.S.C. 271 by making, selling, offering for sale, importing, and/or actively inducing others to use model T66JRT telescopic boom lifts and other similarly designed products including, without limitation, model A62JRT articulated boom lifts. 8. Snorkel has actual knowledge of the 331 Patent and its infringement is willful. JURY DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully requests a trial by jury on all issues triable.
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PRAYER FOR RELIEF In accordance with the foregoing, Plaintiff respectfully requests that this Court enter judgment in its favor and against Defendant as follows: a) b) Declaring that Defendant has infringed the claims of the 331 Patent; Preliminarily and permanently enjoining and restraining Defendant, its officers,

directors, employees, agents, servants, successors and assigns, and any and all persons acting in privity or in concert with the Defendant, from further infringement, including contributory infringement and/or inducing infringement, of the 331 Patent; c) Awarding Plaintiff damages, together with prejudgment and post-judgment

interest, in an amount according to proof; d) Declaring that Defendants infringement is willful and deliberate, and awarding

Plaintiff increased damages under 35 U.S.C. 284; d) Declaring that this an exceptional case within the meaning of 35 U.S.C. 285,

and awarding Plaintiff its reasonable attorneys fees; and e) Awarding to Plaintiff such other costs and further relief as this Court may deem

just and proper. DATED: March 8, 2012. SAVITT BRUCE & WILLEY LLP By: /s/ Duncan E. Manville Duncan E. Manville, WSBA #30304 1425 Fourth Avenue, Suite 800 Seattle, WA 98101-2272 Tel: (206) 749-0500 Fax: (206) 749-0500 dmanville@jetcitylaw.com Attorneys for Plaintiff Genie Industries, Inc. ///
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/// Of Counsel:

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BROOKS KUSHMAN P.C. Frank A. Angileri Jonathan D. Nikkila 1000 Town Center, Twenty-Second Floor Southfield, MI 48075 Telephone: (248) 358-4400 Facsimile: (248) 358-3351 Email: fangileri@brookskushman.com jnikkila@brookskushman.com

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL - 4 No.

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EXHIBIT A

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