IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION SIMPSON PERFORMANCE

PRODUCTS, INC., Plaintiff, v. D.J. SAFETY, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 3:12-CV-200

JURY TRIAL DEMANDED

COMPLAINT Plaintiff Simpson Performance Products, Inc. (Simpson or Plaintiff), for its Complaint against D.J. Safety, Inc. (DJS or Defendant), states as follows: JURISDICTION AND VENUE 1. Simpson is a corporation organized and existing under the laws of the State of

Texas and is registered with the North Carolina Secretary of State to conduct business in North Carolina. 2. Upon information and belief, DJS is a corporation organized and existing under

the laws of the State of California with a principal place of business in Los Angeles, California. 3. This action is for patent infringement arising under the patent laws of the United

States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331 and 1338(a). 4. Under 28 U.S.C. 1391(b) and/or 1400, venue lies in this judicial district

because DJS conducts continuous and systematic business in this district, advertises in this

district, is subject to personal jurisdiction in this district, and has caused injuries complained of herein in this district. SIMPSON AND THE PATENTS AT ISSUE 5. Simpson is the largest U.S.-based designer, manufacturer, distributor and seller of

motorsport safety products, including helmets, racing coveralls, head and neck restraints, seatbelts, harnesses and racing parachutes. Simpson products are used in all types of racing including, among many others, NASCAR. 6. Simpson employs the largest customer service and sales team devoted solely to

servicing NASCAR customers of any racing safety supplier. Simpsons support of NASCAR customers is based in the heart of NASCAR country, Mooresville, North Carolina. 7. Simpson is the assignee of United States Patent No. 6,499,149 (the 149

Patent), entitled Race Car Driver Helmet/Head Restraint, which issued on December 31, 2002. A copy of the 149 Patent is attached to this Complaint as Exhibit A and incorporated herein by reference. 8. Simpson is the assignee of United States Patent No. 6,871,360 (the 360

Patent), entitled Head Restraint Device for Use with a High Performance Vehicle, which issued on March 29, 2005. A copy of the 360 Patent is attached to this Complaint as Exhibit B and incorporated herein by reference. DJS AND ITS INFRINGEMENT OF SIMPSONS PATENTS 9. Upon information and belief, DJS also manufactures and/or imports, uses, offers

for sale, sells and distributes head restraint devices. 10. Upon information and belief, DJS manufactures and/or imports, uses, offers for

sale, sells and distributes the DJS Head and Neck Restraint System (the Infringing Product).

Attached as Exhibit C is a true and accurate copy of page 26 from DJS product catalogue which describes and depicts the Infringing Product. 11. DJS operates the website www.djsafety.com through which it advertises and

offers for sale its products, including the Infringing Product. 12. Upon information and belief, DJS also targets the automotive racing community

for sale of its products, including the Infringing Product. 13. Upon information and belief, DJS sells its products, including the Infringing

Product, throughout the United States, including in North Carolina. 14. Upon information and belief, DJS advertises and promotes its products, including

the Infringing Product, at trade shows which customers from throughout the United States attend. 15. Upon information and belief, DJS also advertises and promotes its products

through sponsorship agreements with racers and teams, of which at least one has been a motorsports team headquartered in Mooresville, North Carolina. COUNT I INFRINGEMENT OF THE 149 PATENT 16. Simpson realleges and incorporates by reference all preceding allegations as if

fully set forth herein. 17. This action arises under the patent laws of the United States, Title 35 of the

United States Code. 18. DJS manufactures and/or imports, uses, offers for sale, sells and distributes the

Infringing Product, instructs others in its manufacture or use, and is liable for infringement of the 149 Patent under 35 U.S.C. 271(a), (b), and/or (c). 19. DJS has continued to commit one or more of the acts described in the preceding

paragraphs with full knowledge of the 149 Patent. 3

20. 21. 22. Court. 23.

DJS has willfully infringed the 149 Patent. Simpson has been injured and suffered damages as a result of DJS infringement. DJS will continue to commit such acts of infringement unless enjoined by this

Simpson has suffered and will continue to suffer irreparable harm if DJS

infringement is not enjoined. 24. Simpson is entitled to recover treble damages and to recover its reasonable

attorneys fees in amounts to be proven at trial. Simpson also is entitled to injunctive relief against DJS. COUNT II INFRINGEMENT OF THE 360 PATENT 25. Simpson realleges and incorporates by reference all preceding allegations as if

fully set forth herein. 26. This action arises under the patent laws of the United States, Title 35 of the

United States Code. 27. DJS manufactures and/or imports, uses, offers for sale, sells and distributes the

Infringing Product, instructs others in its manufacture or use, and is liable for infringement of the 360 Patent under 35 U.S.C. 271(a), (b), and/or (c). 28. DJS has continued to commit one or more of the acts described in the preceding

paragraphs with full knowledge of the 360 Patent. 29. 30. 31. Court. 4 DJS has willfully infringed the 360 Patent. Simpson has been injured and suffered damages as a result of DJS infringement. DJS will continue to commit such acts of infringement unless enjoined by this

32.

Simpson has suffered and will continue to suffer irreparable harm if DJS

infringement is not enjoined. 33. Simpson is entitled to recover treble damages and to recover its reasonable

attorneys fees in amounts to be proven at trial. Simpson also is entitled to injunctive relief against DJS. JURY DEMAND Simpson hereby demands a trial by jury on all issues triable to a jury in this case. PRAYER FOR RELIEF WHEREFORE, Simpson prays for judgment as follows: A. That this Court adjudge and decree that DJS has infringed the 149 Patent under

35 U.S.C. 271(a), (b), and/or (c), that such infringement was willful, and that this case is exceptional under 35 U.S.C. 285; B. That this Court adjudge and decree that DJS has infringed the 360 Patent under

35 U.S.C. 271(a), (b), and/or (c), that such infringement was willful, and that this case is exceptional under 35 U.S.C. 285; C. That this Court preliminarily and permanently enjoin DJS, its officers, agents,

servants, employees, attorneys, successors, and assigns, and all others in active concert or participation with them, from continued infringement of the 149 Patent pursuant to 35 U.S.C. 283; D. That this Court preliminarily and permanently enjoin DJS, its officers, agents,

servants, employees, attorneys, successors, and assigns, and all others in active concert or participation with them, from continued infringement of the 360 Patent pursuant to 35 U.S.C. 283;

E.

That Simpson be awarded damages against DJS for infringement of the 149

Patent, and that such an award be trebled under 35 U.S.C. 284; F. That Simpson be awarded damages against DJS for infringement of the 360

Patent under 35 U.S.C. 284; G. and H. That Simpson be awarded any other relief this Court deems just and proper. That Simpson be awarded its reasonable attorneys fees under 35 U.S.C. 285;

Respectfully submitted this 29th day of March, 2012.

s/ Daniel V. Mumford_____________________ Daniel V. Mumford N.C. Bar # 35465 K&L Gates LLP Hearst Tower, 47th Floor 214 N. Tryon Street Telephone: 704-331-7504 Facsimile: 704-353-3204 Email: dan.mumford@klgates.com Attorneys for Plaintiff Simpson Performance Products, Inc. OF COUNSEL: K&L GATES LLP Hearst Tower, 47th Floor 214 North Tryon Street Charlotte, NC 28202 Telephone: (704) 331-7400