UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN UNIEK, INC. Plaintiff, Case No. ____________ v.

MCS INDUSTRIES, INC., and NORTHEAST SALES ORGANIZATION, Defendants. COMPLAINT FOR DECLARATORY JUDGMENT Plaintiff, Uniek, Inc. (Uniek), by its attorneys, Quarles & Brady LLP, as and for its complaint, alleges as follows:
NATURE OF THE LAW SUIT

JURY TRIAL DEMANDED

1.

This is an action under the Federal Declaratory Judgment Act, 28 U.S.C.

2201 and 2202, against MCS Industries, Inc. (MCS) and Northeast Sales Organization (Northeast) for a declaration that pursuant to the patent laws of the United States, 35 U.S.C. 1 et seq., United States Patent No. 5,950,342 (the 342 patent) is invalid and not infringed (directly or indirectly) by Uniek, Unieks products, or Unieks customers. PARTIES 2. Plaintiff Uniek is a corporation organized under the laws of the State of

Wisconsin, having its principal place of business at 805 Uniek Drive, Waunakee, WI 53597. 3. On information and belief, defendant MCS is a corporation organized under the

laws of the Commonwealth of Pennsylvania, having its principal place of business at 2280 Newlins Mill Rd., Easton, PA 18040. 4. 342 patent. MCS is a competitor of Uniek and purports to be the exclusive licensee of the

QB\Personal.SJGARDNE\16243236.1

5.

On information and belief, defendant Northeast is a corporate entity existing in

the State of New York, having its principal place of business in Harrison, N.Y. 6. patent. JURISDICTION & VENUE 7. This Court has subject matter jurisdiction over this action under 28 U.S.C. On information and belief, Northeast is the owner by assignment of the 342

1331 and 1338(a), as it arises under the United States Patent Laws, Title 35 of the United States Code. 8. This Court has jurisdiction to declare the rights and other legal relations of the

parties pursuant to 28 U.S.C. 2201 and 2202, because this action presents a case of actual controversy within this Courts jurisdiction. 9. This Court has personal jurisdiction over MCS and Northeast. MCS, claiming

to be an exclusive licensee of the 342 patent, mailed a letter to Uniek, at Unieks headquarters located in this judicial district, alleging that a poster frame manufactured and sold by Uniek infringes one or more claims of the 342 patent and threatening to exercise all available legal and equitable rights and remedies against Uniek. A copy of the 342 patent is attached as Exhibit A. A copy of the letter from MCS together with an enclosed photo is attached as Exhibit B. 10. The 342 patent indicates that Northeast Sales Organization is the owner by

assignment of the 342 patent. MCS claimed in its letter that it has been granted the right to enforce the inventions claimed in the 342 patent. 11. Additionally, MCS purports to be an exclusive licensee of the 342 patent,

which is entitled Frames for Pictures and the Like, and on information and belief, sells products in this judicial district, including at well-known retail chains, that are frames for pictures. 12. Venue is proper in this judicial district under 28 U.S.C. 1391.

QB\Personal.SJGARDNE\16243236.1

COUNT 1 DECLARATION OF INVALIDITY OF THE 342 PATENT 13. Uniek incorporates by reference paragraphs 1 through 10 above as though fully

set forth herein. 14. The 342 patent is invalid, void, and unenforceable for failure to meet the

conditions for patentability specified in 35 U.S.C. 102 and 103. Specifically, prior publications qualifying as prior art under 102 teach each and every element of the claims of the 342 patent and, in combination, render obvious the claims of the 342 patent under 103. 15. As a result of the acts described in the foregoing paragraphs, there exists a

substantial controversy of sufficient immediacy and reality to warrant the issuance of a declaratory judgment. 16. A judicial declaration is necessary and appropriate so that Uniek may ascertain

its rights regarding the 342 patent with respect to Unieks activities, products, and customers. COUNT 2 DECLARATION OF NONINFRINGEMENT OF THE 342 PATENT 17. Uniek incorporates by reference paragraphs 1 through 14 above as though fully

set forth herein. 18. Uniek, Unieks products, and Unieks customers, including the poster frame

identified in the letter from MCS attached as Exhibit B, do not and have not infringed, directly or indirectly, any valid and enforceable claim of the 342 patent. 19. As a result of the acts described in the foregoing paragraphs, there exists a

substantial controversy of sufficient immediacy and reality to warrant the issuance of a declaratory judgment. 20. A judicial declaration is necessary and appropriate so that Uniek may ascertain

its rights regarding the 342 patent with respect to Unieks activities, products, and customers.

QB\Personal.SJGARDNE\16243236.1

PRAYER FOR RELIEF WHEREFORE, Uniek prays for relief against MCS and Northeast and respectfully requests judgment as follows: (a) unenforceable; (b) For a declaration that Uniek, Unieks products, and Unieks customers do not For a declaration that all claims of the 342 patent are invalid, void and

infringe the 342 patent; (c) For a declaration that this is an exceptional case under 35 U.S.C. 285 and an

award to Uniek of its attorneys fees and expenses in this action; and (d) For such other relief as the Court may deem just and proper.

Dated this 21st day of March, 2012. QUARLES & BRADY LLP /s/ Anthony A. Tomaselli Anthony A. Tomaselli aat@quarles.com Stephen J. Gardner stephen.gardner@quarles.com QUARLES & BRADY LLP 33 East Main Street, Suite 900 Madison, Wisconsin 53703-3095 Tel.: 608.251.5000 Fax: 608.251.9166 Attorneys for Plaintiff Uniek, Inc.

QB\Personal.SJGARDNE\16243236.1

DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38(b), Uniek, Inc. hereby demands a trial by jury of all issues so triable in this action. Dated this 21st day of March, 2012. QUARLES & BRADY LLP /s/ Anthony A. Tomaselli Anthony A. Tomaselli aat@quarles.com Stephen J. Gardner stephen.gardner@quarles.com QUARLES & BRADY LLP 33 East Main Street, Suite 900 Madison, Wisconsin 53703-3095 Tel.: 608.251.5000 Fax: 608.251.9166 Attorneys for Plaintiff Uniek, Inc.

QB\Personal.SJGARDNE\16243236.1