IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.

RIPPLE RESORT MEDIA, INC., an Indiana corporation, Plaintiff, v. BRAND CONNECTIONS, LLC, a New Jersey limited liability company, KEEPLAN W INTER SPORTS, LLC, a New Jersey limited liability company, PERPETUAL PRODUCTS CO., a Utah corporation, ASC UTAH, LLC, a Utah limited liability company d/b/a CANYONS, and JACKSON HOLE MOUNTAIN RESORT CORPORATION, a Wyoming corporation, d/b/a JACKSON HOLE MOUNTAIN RESORT, Defendants.

COMPLAINT FOR PATENT INFR IN GEMENT AND JURY DEMAND

Plaintiff Ripple Reso rt Media, Inc. ("Ripple" or "Plaintiff'), for its Complaint against Defendants Brand Connections, LLC ("Brand Connections"), Keeplan Winter Spo rt s, LLC ("Keeplan"), Perpetual Products Co. ("Perpetual Products"), ASC Utah, LLC d/b/a Canyons ("Canyons"), and Jackson Hole Mountain Reso rt Corporation d/b/a Jackson Hole Mountain Resort ("JHMR") (collectively, "Defendants"), alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infirngement and damages under the United States

Patent law 35 U.S.C. 271 et. seq. Specifically, Plaintiff is an Aspen, Colorado based business that has developed and patented a media display system to be used on ski-litf chairs. Defendants Brand Connections, Keeplan and Perpetual Products make, use, offer for sale and/or sell infringing products including their product "Chair Maps." Defendants Canyons and JHMR have

installed such infringing products on ski-lift chairs in the Canyons ski area in Park City, Utah, and Jackson Hole ski area in Teton Village, Wyoming, respectively, where they are currently in use. Defendants' respective activities of making, using, selling or offeirng for sale such ski litf display units infringe Ripple's patent. PARTIES 2. Plaintiff Ripple Resort Media, Inc. is an Indiana corporation in good standing with

its principal place of business at located at 190 Fiou Lane 2D, Basalt, Colorado, 81621. 3. Defendant Brand Connections, LLC is a New Jersey limited liability company that

is registered and in good standing to do business in Colorado, and maintains offices in Colorado with mailing addresses located at 2635 S. Santa Fe Drive, Denver, Colorado 80223 and P.O. Box 2915, Vail Colorado 81658. On information and belief, Brand Connections owns and operates, controls and/or is the same as defendant Keeplan. 4. Defendant Keeplan Winter Sports, LLC is a New Jersey limited liability company

that is registered and in good standing to do business in Colorado, and maintains offices in Colorado with a mailing address of P.O. Box 2915, Vail Colorado 81658. On information and belief, Keeplan is a wholly owned subsidiary, division of, or the same as defendant Brand Connections. 5. Defendant Perpetual Products Co. is a Utah corporation with its pirncipal place of Perpetual Products

business at 8496 S. Harrison Street, Unit 101, Sandy, Utah 84047.

manufactures infringing products for Defendants Brand Connections and/or Keeplan. Perpetual Products has sold and/or distirbuted and, on information and belief, does sell and/or distirbutes infirnging products to purchasers in Colorado.

6.

Defendant ASC Utah, LLC is a Utah limited liability company with its principal

place of business at 1850 Sidewinder Boulevard, Second Floor, Park City, Utah 84060. ASC Utah, LLC is a d/b/a entity transacting its ski resort business as Canyons, which has its principal place of business at 4000 The Canyons Resort Drive, Park City, Utah 84098. On information and belief, Canyons actively conducts business in interstate commerce and in this District. Canyons operates Canyons ski area located in Park City, Utah. 7. Defendant Jackson Hole Mountain Resort Corporation d/b/a Jackson Hole

Mountain Resort is a Wyoming corporation with its principal place of business at P.O. Box 290, Teton Village, Wyoming 83025. On information and belief, JHMR actively conducts business in interstate commerce and in this District. JHMR operates the Jackson Hole Mountain Resort ski area located in Teton Village, Wyoming. JURISDICTION AND VENUE 8. This Court has exclusive jurisdiction pursuant to 28 U.S.C. 1331 and 1338 in

that the Complaint states an action based upon a federal question relating to patents. 9. This Court has personal jurisdiction over defendants Brand Connections and

Keeplan because such defendants conduct business operations in Colorado, including activities infirnging the patent-in-suit. 10. This Court has personal jurisdiction over defendant Perpetual Products because, on

information and belief, Perpetual Products manufactures the infringing products and has directed such products for sale in this District. Perpetual Products serves as the exclusive manufacturer for Keeplan and/or Brand Connections' ski area products, including the Chair Map. As such, Perpetual Products has manufactured products including the Chair Map for sale in Colorado. On

information and belief, Perpetual Products transacts business regarding such infringing products in Colorado with Defendants Brand Connections and/or Keeplan. 11. This Court has personal juirsdiction over defendants Canyons and JHMR because

these defendants have and continue to maintain continuous and systematic general business contacts within Colorado including, but not limited to, directing solicitation, advertising and marketing mateirals to residents of Colorado, entering into contracts and other business arrangements with Colorado residents, attending trade shows in Colorado, and maintaining interactive websites accessible to Colorado residents through which vairous interstate commerce transactions occur, including, without limitation, the purchase of ski lift tickets. 12. Venue is appropriate in this District pursuant to 28 U.S.C. 1391 (b) and (c) and

28 U.S.C. 1400(b) since Defendants reside in this Distirct, conduct business in the State of Colorado and this District, and/or have committed acts of patent infringement whose effects are felt in this District.

GENERAL ALLEGATIONS
13. Ripple was founded for the purposes of providing ski resort guests with a

convenient map of the resort while riding the ski litf, and to create opportunities for targeted pirnt media on the cross bars of ski-litf chairs. As a platform to provide such maps and to bring pirnt media messages to the public, Ripple created a module device to attach to ski litfs. Since 2001, Ripple has been providing such print media services to ski resorts in Colorado and other states wishing to market to persons riding on ski litfs. 14. On October 26, 2009, a patent application was filed with the U.S. Patent and

Trademark Office to protect the invention of Matthew Jay entitled "MEDIA DISPLAY

SYSTEM FOR SKI-LIFT CHAIR"; the patent application was assigned Patent Application Serial No. 12/606,087 ("the '087 Patent Application"). The ownership rights to the invention disclosed and claimed in the '087 application were assigned by Mr. Jay to Ripple in an assignment recorded with the U.S. Patent and Trademark Office. 15. The '087 Patent Application was duly published by the U.S. Patent and Trademark

Office on February 18, 2010, as Publication No. US 2010-0037500-A1. 16. On January 17, 2012, United States Patent No. 8,096,067 B2 ("`067 Patent")

entitled "MEDIA DISPLAY SYSTEM FOR SKI-LIFT CHAIR" issued to Ripple. A copy of the `067 Patent is attached as Exhibit 1 and incorporated herein by this reference. The '067 Patent claims pirority through other patents owned by Ripple which were issued several years earlier. CLAIM FOR RELIEF (Patent Infringement All Defendants) 17. Plaintiff incorporate and restate the foregoing allegations of paragraphs 1 through

16 as though fully set forth herein. 18. Defendants Brand Connections, Keeplan and Perpetual Products are infringing the

`067 Patent, including at least independent claims 1, 5, 6, 12, 18, 21, 23, 26, and 27, in violation of 35 U.S.C. 271(a) by making, importing, using, offeirng to sell and/or selling infringing products within the United States. 19. Specifically, Defendants Brand Connections, Keeplan and Perpetual Products

make, import, offer to sell and or sell media display systems suitable for use on ski-lift chairs including without limitation their Chair Map product, such as the example depicted below:

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20.

Defendants Canyons and JHMR are infirnging the '067 Patent, including at least

independent claims 1, 5, 6, 12, 18, 21, 23, 26, and 27, in violation of 35 U.S.C. 271(a) by making, impo rting, using, offering to sell and/or selling infirnging products within the United States. 21. Specifically, Defendant Canyons uses a module device carrying print media

advertisements on its ski lifts which infirnges the '067 Patent, which is depicted below:

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Likewise, Defendant JHMR uses a module device carrying pirnt media

advertisements on its ski lifts which infringes the '067 Patent, which is depicted below:

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Defendants' infringement of the '067 Patent will cause great damage to Ripple.

The amount of these damages is not yet calculated, but Ripple will incur lost profits and loss of royalties as a direct result of the infirngement and is thereby entitled to an award of damages adequate to compensate it for the infirngement in an amount that is in no event less than a reasonable royalty pursuant to 35 U.S.C. 284. Ripple is also entitled to recover prejudgment interest, post-judgment interest, costs, and enhanced damages under 35 U.S.C. 284. 24. As a result of Defendants' infirngement of the '067 Patent, Ripple will suffer

irreparable harm and impairment of the value of its patent rights, will lose the goodwill of its customers, and is now suffering the violation of its patent rights, all of which will continue unless Defendant is permanently enjoined by this Court from infirnging the '067 Patent under 35 U.S.C. 283. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: A. B. Finding that the '067 Patent has been infringed by Defendants, and each of them; Awarding Plaintiff a permanent final injunction against continuing infringement by each of Defendants, and each of Defendants' respective parents, subsidiaries, divisions, officers, employees, successors, and assigns, enjoining them from making, using, selling, practicing, or offering to sell the invention of the '067 Patent; C. Awarding Ripple damages adequate to compensate Ripple for the infringement including its lost profits, royalties, attonreys' fees, costs, prejudgment interest, and post-judgment interest; and D. Granting Plaintiff all other legal and equitable reilef to which Plaintiff is entitled.

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38, Plaintiff Ripple Resort Media, Inc. demands a trial by jury on all issues so triable. Date: March 9, 2012 s/Michael G. Martin Michael G. Martin Alexander C. Clayden LATHROP & GAGE, LLP 950 17th Street, Suite 2400 Denver, Colorado 80202 Telephone: (720) 931-3200 Facsimile: (720) 931-3201 E-mail: mmartin@lathrooRaRe.com aclayden@lathrooRaRe.com Attorneys for Plaintiff Ripple Resort Media, Inc. ADDRESS OF RIPPLE RESORT MEDIA, INC. P.O. Box 12333 Aspen, Colorado 81612

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