IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION G H Strickland, LLC, Plaintiff,

CIVIL ACTION FILE v. NO. ___________________ FEDERAL SIGNAL CORPORATION; WHELEN ENGINEERING COMPANY, INC.; THOMAS J MADDEN & ASSOCIATES, INC.; STAR HEADLIGHT AND LANTERN CO,. INC.; CHERRY SALES ASSOCIATES, INC.; CODE 3, INC.; 144th MARKETING GROUP, LLC; TRANS COMM SERVICES, INC.; EMERGENCY TECHNOLOGY, INC. D/B/A SOUNDOFF SIGNAL; BROOKING INDUSTRIES, INC. d/b/a AXIXTECH; RONTAN NORTH AMERICA, INC., Defendants.

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff G H STRICKLAND, LLC (Plaintiff), by and through its undersigned counsel, files this original Complaint against Defendants as follows: NATURE OF THE ACTION 1. This is a patent infringement action concerning Defendants

infringement of Plaintiffs United States Patent No. 6,511,216 entitled Interior-

Mounted Emergency Vehicle Signal Device (the 216 patent), a copy of which is attached hereto as Exhibit A. PARTIES 2. Plaintiff is a Georgia limited liability company with a principal office

in Fulton County, Georgia. Plaintiff is the assignee of all right, title and interest in and to the 216 patent, including the right to sue for all past, present and future infringement. The 216 patent issued on January 28, 2003 after full and fair examination by the United States Patent Office. The 216 patent is valid and enforceable. 3. Defendant Federal Signal Corporation (Federal Signal) is a

Delaware corporation with a principle place of business in Illinois. Federal Signal is registered to do business in the State of Georgia, and may be served with process by and through its registered, National Registered Agents, Inc., 3675 Crestwood Parkway, Suite 350, Duluth, GA 30096. 4. Defendant Whelen Engineering Company, Inc. (Whelen) is a

Connecticut corporation with a principal place of business in Chester, Connecticut. Whelen may be served with process by and through its registered agent, John F. Olson, 51 Winthrop Rd., Chester, CT 06412.

5.

Defendant Thomas J Madden & Associates, Inc. (Madden) is a

Georgia corporation with a principal place of business in Braselton, Georgia. Madden may be served with process by and through its registered agent, Thomas J. Madden, 427 Cooper's Pond Drive, Lawrenceville, GA 30244. Madden is an authorized master sales representative for Whelen in Georgia and other Southeastern states. 6. Defendant Star Headlight and Lantern Co., Inc., (Star) is a New

York corporation with a principal place of business in Avon, New York. Star may be served with process by and through its chief executive officer, Christopher D. Jacobs, at its principal office located at 455 Rochester Street, Avon, New York 14414. 7. Defendant Cherry Sales Associates, Inc. (Cherry) is a Georgia

corporation with a principal place of business in LaGrange, Georgia. Cherry may be served with process by and through its registered agent, Timothy P. Cherry, 411 Broad Street, LaGrange, GA 30240. Cherry is an authorized master sales representative for Star in Georgia and other Southeastern states. 8. Defendant Code 3, Inc. (Code 3) is a Missouri corporation with a

principle place of business in St. Louis, Missouri. Code 3 may be served with

process by and through its registered agent, John P. Sterrenberg, 10986 N. Warson Rd., St. Louis, MO 63114. 9. Defendant 144th Marketing Group, LLC (144th) is a Georgia limited

liability company located in Peachtree City, Georgia. 144th may be served with process by and through its registered agent, Bret Gross, 39 Willow Dell Dr., Senoia GA 30276. 144th is or has been an authorized sales representative for Code 3 in Georgia. 10. Defendant Trans Comm Services, Inc. (TCS) is a Georgia limited

liability company located in Griffin, Georgia. TCS may be served with process by and through its registered agent, Mayron R. Bailey, 105 Manley Road, P.O. Box 629, Griffin, GA 30223. TCS is or has been an authorized sales representative for Code 3 in Georgia. 11. Defendant Emergency Technology, Inc. d/b/a SoundOff Signal

(SoundOff) is a Michigan corporation located in Hudsonville, Michigan. SoundOff may be served with process by and through its registered agent, George D. Boerigter, 3900 Central Parkway, Hudsonville, MI 49426. 12. Defendant Brooking Industries, Inc. d/b/a Axixtech (Axixtech) is a

Florida corporation located at 10016 NW 53rd St., Sunrise, FL 33351. Axixtech

may be served with process by and through its registered agent, Richard K. Brooking, 4429 Stone Ridge Way, Weston, FL 33331. 13. Defendant Rontan North America, Inc. (Rontan) is a Delaware

corporation located at 7859 NW 46th ST, Unit 5-B, Miami, FL 33166. Rontan may be served with process by and through its registered agent, Edson L. Forin, COO, 7224 NW 56 Street, Miami, FL 33166. JURISDICTION AND VENUE 14. This action arises under the Patent Laws of the United States, 35

U.S.C. 1 et seq., including, without limitation, 35 U.S.C. 271, 281, 284, and 285. This Court has subject matter jurisdiction over this case for patent infringement under 28 U.S.C. 1331 and 1338(a). 15. This Court has personal jurisdiction over each of the Defendants

pursuant to O.C.G.A. 9-10-91 and federal law on the grounds that, upon information and belief, (i) Defendants transact business within the State of Georgia; (ii) Defendants have committed acts of patent infringement within and/or directed toward residents of the State of Georgia; (iii) Defendants acts of patent infringement have caused injury within the State of Georgia, and Defendants regularly do or solicit business, engage in other persistent courses of conduct, and/or derive substantial revenue from goods used or consumed or services 5

rendered in this state; (iv) Defendants purposefully direct activities toward residents of the State of Georgia; (v) the cause of action set forth herein arises from or relates to Defendants activities in the State of Georgia; and/or (vi) the exercise of jurisdiction over Defendants will not offend traditional notions of fair play and substantial justice. 16. More specifically, each Defendant, directly and/or through

intermediaries, ships, distributes, offers for sale, sells, and/or advertises (including by the provision of interactive web pages) its products and services in the United States, the State of Georgia, and the Northern District of Georgia. Upon information and belief, each Defendant has committed patent infringement in the State of Georgia and in the Northern District of Georgia. Each Defendant solicits customers in the State of Georgia and in the Northern District of Georgia. Each Defendant has paying customers who are residents of the State of Georgia and the Northern District of Georgia and who each use Defendants respective products and services in the State of Georgia and in the Northern District of Georgia. 17. Whelens Internet website identifies Madden as its authorized sales

representative for Georgia and other Southeastern states. 18. Stars Internet web site identifies Cherry as its sales representative for

Gerogia and six other Southeastern states. 6

19.

Code 3s Internet web site identifies 144th Marketing Group, LLC, a

Georgia limited liability company located in Peachtree City, Georgia, as its Georgia sales representative. Code 3s Internet web site also identifies the following Georgia distributors: Interceptor Public Safety Products, Inc., a Georgia corporation located in Forsyth, Georgia; McLaggan Communications and Radar Services, Inc., a Georgia corporation located in Hahira, Georgia; and Trans Comm Services, Inc., a Georgia corporation located in Griffin, Georgia. 20. 21. 22. SoundOffs 911EP website lists two Georgia distributors. Axixtechs website lists three Georgia distributors. Rontan lists a Georgia sales representative having a phone number

with a 404 area code. 23. Venue is proper in the Northern District of Georgia pursuant to 28

U.S.C. 1391 and 1400(b). COUNT I PATENT INFRINGEMENT FEDERAL SIGNAL CORPORATION 24. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-23, above, as if set forth verbatim herein. 25. Federal Signal, has directly infringed the 216 patent in violation of 35

U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented 7

invention. Federal Signals infringing products include, without limitation, its Solaris ILS internal light system, which infringes at least claim 1 of the 216 patent. 26. To the extent any such notice may be required, Federal Signal

received actual notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 27. Federal Signals aforesaid activities have been without authority

and/or license from Plaintiff. 28. Plaintiff is entitled to recover from Federal Signal the damages

sustained by Plaintiff as a result of Federal Signals wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 29. Federal Signals infringement of Plaintiffs exclusive rights under the

216 patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT II PATENT INFRINGEMENT WHELEN ENGINEERING COMPANY, INC. 30. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-29, above, as if set forth verbatim herein.

31.

Whelen, has directly infringed the 216 patent in violation of 35

U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented invention. Whelens infringing products include, without limitation, its Inner Edge Undercover Super-LED Lighting Systems, which infringe at least claim 1 of the 216 patent. 32. To the extent any such notice may be required, Whalen received

actual notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 33. Whalens aforesaid activities have been without authority and/or

license from Plaintiff. 34. Plaintiff is entitled to recover from Whalen the damages sustained by

Plaintiff as a result of Whalens wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 35. Whalens infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court.

COUNT III PATENT INFRINGEMENT THOMAS J. MADDEN & ASSOCIATES INC. 36. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-35, above, as if set forth verbatim herein. 37. Madden, has directly infringed the 216 patent in violation of 35

U.S.C. 271(a) by using, selling, or offering for sale in the United States interiormounted emergency vehicle signal devices that embody the patented invention. Maddens infringing products include, without limitation, the Whelen Inner Edge Undercover Super-LED Lighting Systems, which infringe at least claim 1 of the 216 patent. 38. To the extent any such notice may be required, Madden received

actual notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 39. To the extent any such notice may be required, Madden received

actual notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 40. Maddens aforesaid activities have been without authority and/or

license from Plaintiff. 41. Plaintiff is entitled to recover from Madden the damages sustained by

Plaintiff as a result of Maddens wrongful acts in an amount subject to proof at 10

trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 42. Maddens infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT IV PATENT INFRINGEMENT STAR HEADLIGHT & LANTERN CO., INC. 43. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-42, above, as if set forth verbatim herein. 44. Star, has directly infringed the 216 patent in violation of 35 U.S.C.

271(a) by making, using, selling, or offering for sale in the United States interiormounted emergency vehicle signal devices that embody the patented invention. Stars infringing products include, without limitation, its line of Phantom Undercover Lightbar products, which infringe at least claim 1 of the 216 patent. 45. To the extent any such notice may be required, Star received actual

notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 46. Stars aforesaid activities have been without authority and/or license

from Plaintiff.

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47.

Plaintiff is entitled to recover from Star the damages sustained by

Plaintiff as a result of Stars wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 48. Stars infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT V PATENT INFRINGEMENT CHERRY SALES ASSOCIATES, INC. 49. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-48, above, as if set forth verbatim herein. 50. Upon information and belief, Cherry has directly infringed the 216

patent in violation of 35 U.S.C. 271(a) by using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented invention. Cherrys infringing products include, without limitation, the Star Phantom Undercover Lightbar products, which infringe at least claim 1 of the 216 patent. 51. To the extent any such notice may be required, Cherry received actual

notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 12

52.

Cherrys aforesaid activities have been without authority and/or

license from Plaintiff. 53. Plaintiff is entitled to recover from Cherry the damages sustained by

Plaintiff as a result of Cherrys wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 54. Cherrys infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT VI PATENT INFRINGEMENT CODE3, INC. 55. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-54, above, as if set forth verbatim herein. 56. Code 3, has directly infringed the 216 patent in violation of 35 U.S.C.

271(a) by making, using, selling, or offering for sale in the United States interiormounted emergency vehicle signal devices that embody the patented invention. Code 3s infringing products include, without limitation, its line of SuperVisor and WingMan interior lighting systems, which infringe at least claim 1 of the 216 patent.

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57.

To the extent any such notice may be required, Code 3 received actual

notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 58. Code 3s aforesaid activities have been without authority and/or

license from Plaintiff. 59. Plaintiff is entitled to recover from Code 3 the damages sustained by

Plaintiff as a result of Code 3 wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 60. Code 3s infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT VII PATENT INFRINGEMENT 144TH MARKETING GROUP, LLC 61. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-60, above, as if set forth verbatim herein. 62. Upon information and belief, 144th has directly infringed the 216

patent in violation of 35 U.S.C. 271(a) by using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented invention. 144th's infringing products include, without limitation, the 14

Code 3 SuperVisor and WingMan interior lighting systems, which infringe at least claim 1 of the 216 patent. 63. To the extent any such notice may be required, 144th received actual

notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 64. 144th's aforesaid activities have been without authority and/or license

from Plaintiff. 65. Plaintiff is entitled to recover from 144th the damages sustained by

Plaintiff as a result of 144ths wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 66. 144ths infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT VIII PATENT INFRINGEMENT TRANS COMM SERVICES, INC. 67. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-66, above, as if set forth verbatim herein. 68. Upon information and belief, TCS has directly infringed the 216

patent in violation of 35 U.S.C. 271(a) by using, selling, or offering for sale in 15

the United States interior-mounted emergency vehicle signal devices that embody the patented invention. TCSs infringing products include, without limitation, the Code 3 SuperVisor and WingMan interior lighting systems, which infringe at least claim 1 of the 216 patent. 69. To the extent any such notice may be required, TCS received actual

notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 70. TCSs aforesaid activities have been without authority and/or license

from Plaintiff. 71. Plaintiff is entitled to recover from TCS the damages sustained by

Plaintiff as a result of TCSs wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 72. TCSs infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT IX PATENT INFRINGEMENT EMERGENCY TECHNOLOGY, INC. d/b/a SOUNDOFF SIGNAL 73. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-72, above, as if set forth verbatim herein. 16

74.

SoundOff, has directly infringed the 216 patent in violation of 35

U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented invention. SoundOffs infringing products include, without limitation, its Pinnacle Windshield/Interior lightbars, its UltraLite Interior Windshield Warning Bar with permanent bracket mounts, its Predator and Predator II windshield lights with permanent mounts, and its 911EP LED Commander Lighting System (CLS) (collectively, SoundOff Infringing Products), which infringe at least claim 1 of the 216 patent. 75. To the extent any such notice may be required, SoundOff received

actual notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 76. SoundOffs aforesaid activities have been without authority and/or

license from Plaintiff. 77. Plaintiff is entitled to recover from SoundOff the damages sustained

by Plaintiff as a result of SoundOffs wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284.

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78.

SoundOffs infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT X PATENT INFRINGEMENT BROOKING INDUSTRIES, INC. d/b/a AXIXTECH 79. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-78, above, as if set forth verbatim herein. 80. Axixtech, has directly infringed the 216 patent in violation of 35

U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented invention. Axixtechs infringing products include, without limitation, its SV40 / SV56 Axixtech SV Interior Light Bar, which infringes at least claim 1 of the 216 patent. 81. To the extent any such notice may be required, Axixtech received

actual notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 82. Axixtechs aforesaid activities have been without authority and/or

license from Plaintiff. 83. Plaintiff is entitled to recover from Axixtech the damages sustained by

Plaintiff as a result of Axixtechs wrongful acts in an amount subject to proof at 18

trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 84. Axixtechs infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. COUNT XI PATENT INFRINGEMENT RONTAN NORTH AMERICA, INC. 85. Plaintiff realleges and incorporates by reference the allegations set

forth in paragraphs 1-84, above, as if set forth verbatim herein. 86. Rontan, has directly infringed the 216 patent in violation of 35

U.S.C. 271(a) by making, using, selling, or offering for sale in the United States interior-mounted emergency vehicle signal devices that embody the patented invention. Rontans infringing products include, without limitation, its VizorLight-S interior light bar, which infringes at least claim 1 of the 216 patent. 87. To the extent any such notice may be required, Rontan received actual

notice of its infringement of the 216 patent at least as early as the filing of the original complaint in this action, pursuant to 35 U.S.C. 287(a). 88. Rontans aforesaid activities have been without authority and/or

license from Plaintiff. 19

89.

Plaintiff is entitled to recover from Rontan the damages sustained by

Plaintiff as a result of Rontans wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 90. Rontans infringement of Plaintiffs exclusive rights under the 216

patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. JURY DEMAND 91. Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the

Federal Rules of Civil Procedure. PRAYER FOR RELIEF Plaintiff respectfully requests that the Court find in its favor and against Defendants, and that the Court grant Plaintiff the following relief: A. An adjudication that one or more claims of the 216 patent have been infringed, either literally and/or under the doctrine of equivalents, by each of the Defendants; B. An accounting and an award to Plaintiff of damages adequate to compensate Plaintiff for the Defendants acts of infringement together with pre-judgment and post-judgment interest;

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C.

A grant of permanent injunction pursuant to 35 U.S.C. 283, enjoining each Defendant from further acts of infringement with respect to the claims of the 216 patent;

D.

That this Court declare this to be an exceptional case and award Plaintiff its reasonable attorneys fees and costs in accordance with 35 U.S.C. 285; and

E.

Any further relief that this Court deems just and proper.

This 24th day of June, 2011. KENT LAW, P.C. s/Daniel A. Kent Daniel A. Kent Georgia Bar Number 415110 dan@kentiplit.com 555 N Point Ctr E Ste 400 Alpharetta, GA 30022 Tel: (404) 585-4214 Fax: (404) 829-2412 Attorneys for Plaintiff

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